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HomeMy WebLinkAboutC-3021 - 1994/95 Sidewalk, Curb & Gutter Replacement Program, Lido Isle Sidewalk Replacement, Phase II0 CITY OF NEWPORT BEACH November 7, 1995 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Los Angeles Engineering, Inc. 4134 Temple City Boulevard Rosemead, CA 91770 Subject: Surety: Vigilant Insurance Co. Bond No.: 8901 1117 Contract No.: C -3021 Project: 1994/95 Sidewalk, Curb and Gutter Replacement Program, Lido Isle Sidewalk Replacement, Phase II The City Council of Newport Beach on September 25, 1995 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on October 11, 1995, Reference No. 19950447808. Sincerely, Wanda E. Raggio� City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk -� City of Newprort Beach 3300 Newport Boulevard Newport Beach, CA 92663 11 Recorded in the County of Orange, California Gary L. Granville, 1111111111111 Clerk/Recorder 19950447808 10:29am 10/11/95 005 043196 14 32 MB3 N12 1 7.00 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 Los Angeles Engineering, Inc., 4134 Temple City Boulevard, Rosemead, CA 91770as Contractor, entered into a Contract on February 27, 1995 Said Contract set forth certain improvements, as follows: 1994/95 Sidewalk, Curb and Gutter Replacement Program, Lido Isle Sidewalk Replacement, Phase II (C -3021) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on June 8, 1995 and was found to be acceptable on September 25, 1995 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Vigilant Insurance Co., 15 Mountain View Rd., Warren, NJ 070 61- 1615 BY u ors irec or 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 Newport Beach, California. a BY city ClerK v �twk. d , at IT i= rJ i• • BY THE CITY (.v:.� .:! 0 September 25, 1995 CITY OF NEWPOFT i CITY COUNCIL AGENDA SFP 2 5 ITEM NO. 15 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF 94/95 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM, BALBOA ISLAND, CORONA DEL MAR AND LIDO ISLE SIDEWALK REPLACEMENT PROGRAM (C -3021) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice • of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the replacement of sidewalk and curb & gutter in Corona Del Mar, on Lido Isle and Balboa Island has been completed to the satisfaction of the Public Works Department. The bid price was $350,382.50 The amount of unit items constructed 366,121,47 Amount of change orders 0.00 Total contract cost $366,121,47 Following the award of contract, General Services requested the inclusion of reconstructing some additional sidewalk and curb and gutter on Balboa Island. This resulted in an increase in the amount of the unit items constructed. • Funds for the project were budgeted as follows: $100,000.75 from General Fund (Lido Sidewalk, Phase II) - (Account No. 7013- P301267A) $181,730.00 from General Fund (Coronad del Mar, Sidewalk) (Account No 7013- P301268A) $ 84,750.72 from Contribution Fund (Lido Sidewalk, Phase II) (Account No 7253- P301267A) SUBJECT: ACCEPTANCE4094 195 SIDEWALK, CURB & GUTTER REPLACEMEIRPROGRAM, LIDO ISLE SIDEWALK REPLACEMENT PROGRAM (C -3021) September 25, 1995 Page 2 The contractor is Los Angeles Engineering, Inc. of Rosemead, CA. • The contract completion date was June 19, 1995. The work was completed by June 8, 1995 Respectfully submitted, tXu PUBLIC WORKS DEPARTMENT Don Webb, Director By //0-1 ` / "4 • Horst Hlawaty Acting Field Engineer HH:so • 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK (714) 644 -3005 DATE: March 16, 1995 SUBJECT: Contract No. C -3021 3 - i7 -9.S Description of Contract 1994 -95 Sidewalk, Curb and Gutter Replacement Program Lido Isle Sidewalk Replacement, Phase II Effective date of Contract February 27 1995 Authorized by Minute Action, approved on February 27 1995 Contract with Los Angeles Engineering Inc Address 4134 Temple City Boulevard Rosemead CA 91770 Amount of Contract $350,382.50 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach . V CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915 until 11:00 A.M. on the 15th day of FEBRUARY, 1995. at which time such bids will be opened and read for : 1994 -95 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM LIDO ISLE SIDEWALK REPLACEMENT, PHASE II Title of Project 3021 Contract Number $400,000 \L� o Approved by the City Council this 23rd day /of JANUARY, 1995 �z1iv/�✓7 ')e. Lf /►irn.i Wanda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call GILBERT WONG at (714) 644 -3334. Project Manager CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT ADDENDUM NO.1 1994 -95 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM LIDO ISLE SIDEWALK REPLACEMENT, PHASE II CONTRACT 3021 January 30, 1995 NOTICE TO BIDDERS Please be advised that the following wording in the Special Provisions has been revised as follows: (a) Add the following to the first paragraph of Section II. A. on page SP 1 of 10: In addition, the Contractor shall complete all work at each address location per P.C.C. REMOVAL AND REPLACEMENT SCHEDULE within seven (7) consecutive working days after beginning work at that address location. (b) Add the following to the first sentence of the first paragraph of Section II. A. on page SP 2 of 10: The term "work" shall also include protection /restoration of existing curb drains. (c) Add the following to the third paragraph of Section II. A. on page SP 2 of 10: ....and for each day in excess of the seven (7) consecutive working days, allowed for 100% completion of work at each address location. (d) Add the following holiday to the second sentence of Section II. C. on page SP 2 of 10: ....and Memorial Day (the last Monday of May). Please sign and date this addendum and attach it to your bid proposal. Failure to do so may result in disqualification of your proposal. Gilbert Wong Project Manager I have carefully examined Addendum No.l and included full payment therefor in our Proposal. LOS ANGELES ENGINEERING, INC. 4134 TEMPLE CITY BLVD. ROSEMEAD. CA 91770 a IS Ilt-) Date Bidder's Name Aut rized Signature ROB 2T A. GOMEZ ATTORNEY -IN -FACT 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 0 PR 1.1 1994 -95 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM LIDO ISLE SIDEWALK REPLACEMENT, PHASE II CONTRACT NO. 3021 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, that he has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 3021 in accordance with the Plans and Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Traffic Control and Mobilization Three Thousand @ Five Hundred Dollars and Zero Cents Per Lump Sum 2. 1500 Reconstruct existing P.C.C. Lin. Ft. Type B curb per schedule @ Nineteen Fifty Per Lineal Foot Dollars and Cents $19.50 $3,500.00 $29.250.00 • 11 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 59,000 Reconstruct existing P.C.C. Sq. Ft. sidewalk per schedule @ Three Dollars and Thirty -Three Cents $3.33 $196,470.00 Per Square Foot 4. 1,200 Reconstruct existing P.C.C. Type A Lin. Ft. curb and gutter per schedule @ Twenty -Three Dollars and Fift Cents $23 50 $900.00 Per Lineal Foot 5. 1,300 Reconstruct existing P.C.C. Sq. Ft. cross gutter per schedule @ Six Dollars and Thirty -Five Cents $6 3S $S 755 00 Per Square Foot 6. 600 Remove existing P.C.C. improvements Sq. Ft. and construct Case E or Case C P.C.C. access ramps per schedule @ Four Dollars and Fifty Cents $4 5n $2 Inn on Per Square Foot 7. 2,900 Remove existing P.C.C. improvements Sq. Ft. and construct Case LB or LL P.C.C. access ramps per schedule (including 4" wide variable height curb) @ Fiva Dollars and Fifty Cents $ ti tin $tc� g5o nn Per Square Foot 0 TEM QUANTITY ITEM DESCRIPTION NO. AND UNIT UNIT PRICE WRITTEN IN WORDS 8. 750 Sq. Ft 9. 450 Lin. Ft Reconstruct existing P.C.C. alley approaches \alley per schedule PR 1.3 UNIT TOTAL PRICE PRICE @ Seven Dollars and Thirty -Five Cents $7.35 $5,512.50 Per Square Foot Provide and install root barriers for sidewalk replacement per schedule @ Fifteen Dollars and Zero Cents $ 19-00 $6-750 00 Per Lineal Foot 10. 320 Remove existing P.C.C. improvements Sq. Ft. in the parkway per schedule @ One Dollars and Twenty -Five Cents $ 1.25 Per Square Foot 11. 90 Reconstruct existing P.C.C. Sq. Ft. driveway approach per schedule @ Four Dollars and Fiftv Cents $ 4.50 Per Square Foot 12. 35,000 Construct "Diamond" pattern Sq. Ft. score line on proposed P.C.C. sidewalk (only on Lido Isle) $400.00 $ 405.00 @ Zero Dollars and Seven`d Cents $ n vn $ 24 500 0a Per Square Foot 9 0 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. 37,000 Provide and mix color additive "Adobe Tan" Sq. Ft. No.0 -21 of Chromix as manufactured by Scofield Co. to proposed P.C.C. sidewalk and curb access ramps (only on Lido Isle) @ Zero Dollars and Seventy -Seven Cents $0.77 $28.490.00 Per Square Foot Three Hundred Fifty Thousand Three Hundred Eighty- Two Fifty TOTAL BID PRICE (WRITTEN IN WORDS) 2_/15/95 Date Dollars and Cents Los Angeles Engineering, inc. Bidder $ 350,382.50 TOTAL BID PRICE (FIGURES) (818) 454 -5222 S/ Robert A. Gomez, Attorney -In -Fact Bidder's Telephone No. Authorized Signature /Title 4134 Temple City Boulevard 591176 -A Rosemead, CA 91770 Bidder's License Bidder's Address No. & Classification INSTRUCTIONS TO BIDDERS 0 Page 2 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 100 of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 0 0 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7961 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a co authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the :-porate officer or an individual For partnerships, the signatures For sole ownership, the signature 591176 -A Contractor's License No. & Classification Los Angeles Engineering, Inc. Bidder 2/15/95 S/ Robert A. Gomez, Attorney -In -Fact Date Authorized Signature /Title 5/91 • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1 NONE 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead, CA 91770 S/ Robert A GomP> Attornay -Tn -Fact Bidder Authorized Signature /Title 5/91 • • BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, bidder, and V Inc. Page 4 as as Surety, are held and tirmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Amount of the Bid Dollars ($ 10% ) , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 1994/95 Sidewalk Curb,Gutter Replacement Lido Isle Sidewalk Replace - (Title of Project and Contract No.) in the 'City of Newport Beach, men-, Phase is accepted by the City Council of said City, and if the above II C -3021 bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day of February , 19 95. Los Angeles Engineering, Inc. Bidder (Attach Acknowledgment Of Attorney -In -Fact) S /Bronwyn Murdock Notary Public 7-22-96 Commission Expires: 5/91 S /Robert A. Gomez. Attorney -In -Fact Authorized Signature /Title SURETY Vigilant Insurance Co. By: S/ Mark E. Shreckencast Attorney -In -Fact POWER OF ATTORNEY VIGILANT INSURANCE COMPANY • ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 9034658 Know an Men by thane Pnwnb. That VIMLANT MWnANCE COMPANY, a Now York Cotpwdlon, has consUluted and appointed, and does hereby oxwetutearwappolm Howard Siskel, Richard Adair, Joseph E. Cochran, Bronwyn Murdock and Mark E. Shreckengast of Los Angeles, California ------ ------------------------ each Its true and %whU AUmneyan -Fact to execute under such desoudion N Its name and to alk Its corporate seat to and deliver for and on its behaU as surety thereon orodlerwise, bonds or obligations given or executed in 1fe course of its business, and consems for ft release of retained percentages anNa final esumates. bwere. Vrere a... t1vtouANrrrs uRANCErnanANrbu .Pauwebwer++ew.aArMhwpnwrbaet WbrrVlararer +maA0WWsaawyareraaPS .wrbohr aawaar 15th ftoe September, ra 94 caeaar sea M annex d. Maeb if We pmew"t RATE OFIRW ATIIaEV l �. County of Sornereel I on oft 15th aqa September, ra 94 . berornwP«. augan. wwmc. w« dxbrerr. nraerm. rr .nbbeAeewrwswaryavaiuwrwsuwucE COWANV.haApaabnd@=ftdb WA«a, ewaAW001 -1 nPaws Aa awy,WWaWNemMC.WMNMbeepbyWaeymm. 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PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE Few 15.1W?0(nes. W)00N5EW Form A205 General of Attorney 90 596220 RECORDING REQUESTED By AND MAIL TO w .J. o;K I6ob, F' t -.SIC` GENERAL POWER OF ATTORNEY (With Durable Provision) FEE TO ALL PERSONS, be it known, that ANGUS O'BRIEN z PRESIDENT of LaS ANGJgS ENGINEE51NG INC. . the undersigned cantor, o crebym can grant a general power ofavomey to ROBERT GOMEZ PROJECT MANAGER of LOS �tNGELFdS ENGINEJRkNG �NC. and do thereupon cons tuts an appoint sat to vittua as my attorney -in -face My anomey -in -fact shall have full powers and authority to do and undertake all acts on my behalf that I could do personally, with full power of substitution and revocation, including but not limited by said authority die tight to sell, deed, buy, trade, lease, mortgage, assign, rent or dispose of any of my present or future real or personal property; the right to execute, accept, undertake and perform any and all contracts in my name; the right to deposit, endorse, or withdraw funds to or from any of my bank accounts, depositories or safe deposit box; the right to borrow, lend, invest or reinvest funds on any terms; the right to initiate, defend, commence or setae legal acdons on my behalf; the right to vole (in person or by proxy) any shares or beneficial interest in any entity, and the right to retain any accountant, auomcy, or other advisor deemed necessary to protect my interests generally or relative to any foregoing unlimited power. My attorney -in -fact hereby accepts this appointment subject to its terms and agrees to act and perform in said fiduciary capacity consistent with my best interests as he in his best discretion deems advisable, and 1 affirm and ratify all aces so undertaken. Special durable provisions: This power of attorney _ shall be revoked upon _ shall not be affected by disability of the Grantor, and shall otherwise X continue in full force and effect until revoked by subsequent writing _ become null and void after date of 19 : (initial provisions which apply) Other terms: ATTORNEY IN FACT SHALL HAVE THE RIGHT TO SIGN ANY AND ALL CONTRACTS ANO 910 Of1CIIMFNT.S ON! -Y. RECORDED: FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 4 S' T 8 PA A.M. MAR 30 1993 PAS Signed under seat this 19th dayof MARCH ,1993 Signed in the presence of: (ITV W, i Aegh. . n iCl CAROLYN SC MT _Ap4zi' FRANK FERRI Note: Delete powers that do not apply Stateof CALIFORNIA County of LOS ANGELES SS. MARCH 19th .1993 Then personally appeared ANGUS O' BR I EN , the above named. Grantor who known m me, signed or acknowledged the foregoing executed Power of Attorney as his or her frec act and coed, before me. 'Z N eery Public M o mis, on Expires: NOVEMBE 1996 9I,111!I�IIiIIIIIIIIIIIII, ppp RONI�OLDUK * p 0 53926 20022 Cm+031.1c 500 tqt� vwuccww 9 e E -Z Legal Fomhs Iry (man rave: W'. 1. State of California l County of Los Angeles 1l 0 15. S before me, Bonnie Lane ( ATE) NAV. "tT',E OF GFPOE? c ._ --CE . NO'_R� P'JRLOI personally appeared Robert A. Gomez _ (N -MEfSi OF SiGNERIsu V.personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by r r�F BONNIE LANE his /her /their signature(s) on the instrument the 0 . Comm. #969311 person(s), or the entity upon behalf of which the "awl r NOTARY PUELIC CALIFORNIA person(s) acted, executed the instrument. 145 L03 ANGELES COUNTY My Comm. Expires July 9, 1996 witness my hand and official seal. (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Bid Documents Signer(s) Other Than Named Above �LL a CAPACITY CLAIMED BY SIGNER(S) INDIVICUAL(S) CORPORATE OFFICER(S) PARTNER(S) XX Ai IORNEY IN FACT = TRUSTEE(S) GUARDIAN /CONSERVATOR C OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)1 Los Angeles Engineering, this certificate to any unauthorized document Date of Document NON - COLLUSION AFFIDAVIT State of California Count of Los Angeles ss. Y 0 Page 5 Robert Gomez , being first duly sworn, deposes and says that he or she is Attorney -In -Fact of Los Angeles Engineering,, Inc. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Los Angeles Engineering, Inc. S /Robert A. Gomez, Attorney -In -Fact Bidder Authorized Signature /Title Subscribed and sworn to before me this 15th day of February 1995. [SEAL] Bonnie Lane Notary Public 7 -9 -1996 My Commission Expires: 5/91 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number SEE ATTACHED Los Angeles Engineering, Inc. dder 5/91 S/ Robert A. Gomez, Attorney -In -Fact Authorized Signature Title ENGINEERING LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176 -A 42. City of San 'Dimas Krishna Patel RECENTLY COMPLETED (909) 394 -6200 $219,931 LDLO Walnut Ave /Teague Drive Imp. 1/94 - r ,O e ° rn i r� I M . J r✓ o-.,1 43. City of Simi Valley Improvements of Drainage $ 59,750 Kamran Panah Channel at the City's Maint. Yard 3/94 (805) 583 -6895 Spec. No. SV 93 -29 44. D.O.T. 07- OM1705 (07H602) Rte. 405 $ 52,869 Earl Fukumoto HOV ingress /egress in Hawthorne 5/94 (310) 516 -4140 and Lawndale 45. City of Redondo Beach ADA Compliance Project. Phase 1 $ 90,000 Roger Maurer .- - Access Ramps Contract 7490 7/94 (310) 372 -1171 46. D.O.T. Rpr. Slope and Storm Drain $105,985 Darrell McKenzie 07- 442404 9/94 (818) 637 -2506 47. D.O.T. Rte. 60/83 PCC Cross Gutters $91,000 Ashraf Mohamed 08- 320004 9/94 (909) 682 -2640 48. L.A. Co. D.P.W. Const. of Access Ramps $59,420 Yag Sarin CC 7020 10/94 (818) 458 -3123 49. City of Long Beach Bus Stop Impprovements $98,125 t x E lfi liT Marty Boyd R -6217 10/94 (310) 490 -9423 4134 Temple City Blvd. . Rosemead, California 91770 . (818) 454 -5222 Fax (818) 454 -5226 0 lNOIN!l gIN0 LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176 -A RECENTLY COMPLETED 30. City of LA Board of Public Works (213) 847 -5112 Dennis Wong Pico - Midvale Off- Street Parking Lot $116,000 8/93 31. City of LA Board of Public Works (818) 989 -8335 $ 77,117 Rory Stillson Access Ramps Valley Dist. Unit 4 7/93 32. City of Burbank Parks & Rec. (818) 953 -9575 $ 54,995 Jan Bartolo Johnny Carson Park Tot Lot 8/93 33. County of Orange /EMA (714) 567 -6253 $ 48,855 Robert Witting Reconst. of Fullerton Creek Channel 7/93 34. City of Inglewood (310) 412 -5333 $ 47,088 Sal Magbago Const. of Concrete Bus Pads 8/93 35. City of Lomita (310) 325 - 7110 $179,000 Bill McConnell 252nd St /Hillcrest - Street Imp. 8/93 36. City of L.A. Board of Public Works (310) 573 -4340 $522,268 Sunset Blvd. @ Will Rogers State 12/93 Steve Willis Park Road - Contract EXX81253 37. City of Pasadena Jim Callens 38. Co. of Orange /EMA Stan Vander Mey 39. Caltrans James Gallegos (818) 405 -4273 $168,175 Lincoln Ave. Widening - #15,176 12/93 (714) 567 -7832 $333,364 Reconst. Coyote Creek Channel 12/93 (714) 556 -0780 $ 45,612 Rpr. Culvert Laguna Beach 12- 026604 12/93 40. Co. Ventura Flood Control (805) 654 -2021 $ 82,249 Hugh Clabaugh Arroyo Simi 1993 Storm Dmg. Rpr. 12/93 41. Los Angeles CRA (213) 977 -2614 $168,860 Sandra Sunday Lincoln Heights 1 Revitalization 1/94 4134 Temple City Blvd. . Rosemead, California 91770 . (818) 454 -5222 Fax (818) 454 -5226 INOINlIFINO LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176 -A RECF=Y COMPLFTM 20. LA Comm. Redevelopment Agency (213) 977 -2656 $77,500 Al Nicholson Link a* Alameda 10/92 21. LA Dept Public Works (310) 548 -7691 $290,206 Dave Spangler "E" St - Alameda to Sanford 10/92 22. Co. of orange - TNA (714) 567 -6253 $206,350 Robert Witting St. drainage imp. 8 parking lot 10/92 William Mason Regional Park 23. LA Co. Sanitation Dist 12 (818) 962 - 8605 $103,728 Ron Lalka Storm Drain Puente Hills 12/92 24. Co. Orange Integrated (714) 568 -4852 ;131,320 Waste ?Pngrnnt. Dept. FRB Sanitary Landfill 12/92 Bay Douglass Desilting Basin Discharge Channel 25. City Rancho P. V. (310) 541 -6500 $38,525 Mona Sta-i-mnetti Altamira Cyn Culvert Rprs. 12/92 26. Alhambra Redev. Agency (818) 570 - 5030 $49,885 Anita Toler Goudy Honda Expansion Proj 5/93 27. Chino Basin Mun. Water Dist. (909) 987 - 1712 $22,148 Anthony Myers Concrete Cleanout Pads 4/93 28. City of Simi Valley (805) 583 -0393 $21,552 Jay Seidemann Install Handicap Ramps 5/93 29. City of Inglewood (310) 412 -5333 $28,762 Sal Magbago Reconstruct Alleys 5/93 P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969-0456 Fax: (818) 812 -9343 lNOIN!l RIND LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176 -A RECENTLY COMPLETED 11. Regents of Univ. of Calif. (310) 206 -5938 $35,000 Gary Allen CDE /CDN Roadway Imp. 1/92 12. City LA Public Works (818) 360 -7473 $34,000 Nick Pendorf Dellvale Place Low Flow 12/91 13. City 1000 Oaks (805) 497 - 8611 $100,000 Manuel Alvarez Handicap ramps 11/91 14. City Palos Verdes Estates (213) 378 -0383 $10,000 Aron Baker Const. sidewalks 5/92 15. City of Industry (818) 333 - 0336 $24,500 C & C Engineering - Shawn Malganji Intersection Modifications John Reed Court & Gale 4/92 16. C.F.F.A. (916) °20- 5565 $44,695 Ken Hamilton Desiiting Basin - O.C. Fair 5/09 17. LA Dept. Public Works (818) 458 -3123 $15,344 Robert Swartz Sidewalks & ramps - Glengray St. 7/92 18. Caltrans (213) 724 -0223 $15,6801 Joe Kapono Repair soundwall - 07G652 7/92 19. Cii:y of L.A. (213) 481 -08123 $211,37a Dept. hater & Power Const. Sidewalk, Street & 11 /s,2 6:4c -e Morf(5cn Lightlna Improvements P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969 -0456 Fax: (818) 812 -9343 lNOIN!lRINO LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176 -A RECENTLY COMPLETED 1. City of Downey (213) 869 -7331 $80,000 Bruce Brown Handicap & Ped. Imp. 5/91 2. City of Pasadena (818) 564 -0454 $82,000 Jim Callens Const. Wheelchair ramps 11/91 3. City of Rialto (714) 820 -2500 $350,000 Bruce Cluff Storm drain, street & 7/91 signal improvements 4. LA Public Works (818) 458 - 3104 $149,000 James Cathey San Gabriel River 11/91 Access Ramp 5. City LA Public Works (213) 485 -3871 $68,000 Kit Yee Denny Ave. Ped. Tunnel 3/92 6. Caltrans (818) 441 -1322 $187,000 Wayne Peirce Storm damage repair 9/91 Angeles Crest Hwy. 7. Caltrans (714) 798 -8046 $210,000 Robert Weber Replace Bridge Rail 6/92 Route 259/215 8. City of Costa Mesa (714) 754 -5022 $154,000 Mike Stevens Los Lagos Golf Course 7/92 Cart Paths 9. City of Azusa (818) 334 -5125 $105,000 Nasser St. Improvements Phase 1l1 7/92 10. City of Westminster (714) 898 -3311 $38,000 Dennis Koenig Const. Sidewalks 5/92 P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969 -0456 Fax: (818) 812 -9343 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. s /9i Bond No. 8901 1117 Premium $4,004.00 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted February 27. 1995 has awarded to Los Angeles Engineering, inc. hereinafter designated as the "Principal ", a contract for 1994 /95 Sidewalk. Curb & Gutter Replacement Program Lido Isle Sidewalk Replacement Phase II (Contract No. 3021 ) in M City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 3021 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, Los Angeles Engineering, Inc. as Principal, and Vigilant Insurance Company the suety, nerp 1 fin, ooundcudn the City of Newport Beach, in ire uR 9� } y qusan ffM00th$Dollars ($350,382.50 1 said sum being equal to 1001; of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, the Lido Isle Community Association, and their officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its 5/91 • • Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of,the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of March , 1995 . A Los Angeles Engineering. Inc. Name of Contractor (Principal) JVigilant Insurance Company Bye Name of Surety Aut c ized Algen Siggnature Mark E. Shrecken st,Attorney in Fact J15 Mountain View Rd.Warren.NJ 07061 -1615 908- 903 -2000 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY NUST BE ATTACHED 5/91 I State of California County of Los Angeles On mu IC957before me, Bonnie Lane (DATE) (NAME. TITLE OF OFFICER I.E..'JANE DOE. NOTARY PUBLIC') personally appeared Angus O'Brien (NAME(S) OF SIGNER(S)) XXpersonally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged BONNIE LANE to me that he /she /they executed the same in \ his /her /their authorized capacity(ies), and that by U) Comm. 11969311 � his /her /their signature(s) on the instrument the t N-TAPY PUBLIC - CALIFORNIA �\� t LOS ANGELES COUNTY o person(s), or the entity upon behalf of which the m Comm. Expires July 9.1996 person(s) acted, executed the instrument. "— y Witness my_ hand and official seal. CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) K)KCORPORATE PrPCident & OFFICER(S) Secretary • PARTNER(S) (TITLE(S)) • ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (NAME OF PERSONS) OR ENTITY(IES)) Los Angeles Engineering ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document 0 0 ji'• ► LOW' I 5 1019 Y STATE OF CALIFORNIA 9.5. COUNTY OF LOS ANGELES On before me, _, personally appeared x personally Known to me; or proved to me on the basis of satisfactory evidence to be the persona) whose name(&) is /xxr subscribed to the within instrument and acknowledged to me that he /&lo4Xkr-yx executed the same in his /kax$%ksix authorized capacity(Axm4, and that by his1kvx(:gt=ix signature(m) on the instrument the person(X) or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS my hand and official seal. ... .................. OORATN . AWRIG T <I (SEAL) COMM. #956357 NOTARY NILE S WUfOR7V1A LOS. bpeas Cb. 13 My Canm. i�p�e.... ... ... o.. �........ Sign ture of Notary Publkb 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) Titles Partner(s) _Attorney-in-Fact Trustee(s) Guardian /Conservator Other: Signer is representing: Surety and _ and Limited General 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 w'k:Ham�+etaarklnr 11M171 wp/.:Ymu4c►rwl,4rr Ii /Yil E PAYMENT BOND Bond No. 8901 1117 Premium included in FP Bond Page 8 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted February 27. 1995 has awarded to Los Angeles Enoineerina. Inc. hereinafter designated as the "Principal ", a contract for1994/95 Sidewalk. Curb & C Replacement Program /Lido Isle Sidewalk Reolacement Phase II (Contract N0.3021 ) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of'which are incorporated herein by this reference; WHEREAS, 3tafd Principal has executed or is about to execute Contract No. [ 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, Los Angeles Engineering, Inc. as Principal, and Vigilant Insurance Company as Surety are �e�d d F ity -bound ��tto the City of Newport Beach, in the sum ofrhreee�u�,r�+ �TLIIqusandlitrre� pollars ($350.362.50 ) said sum Being equ to 006 o t e e timated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves., our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 e. r r E Page SA The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections.3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby. stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the samd shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this the above named Principal March , 19 -K. instrument has been duly executed by and Surety, on the 6th day of Los Angeles Engineering, Inc. Name of Contractor (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Rd.Warren.NJ 07061 -1615 Address of Surety NOTARY ACKNOWLEDGMENTS OF 5/92 AND SURETY MUST BE ATTACHED in Fact California RIGHT THUMBPRINT (OPTI NAL) State of County of Los Angeles } On ar eft before me, Bonnie Lane 0 o (DAT ) (NAME. TITLE OFOFFICER I.E.. -JANE DOE. NOTARY PUBLIC -) CAPACITY CLAIMED BY SIGNER(S) personally appeared Angus O'Brien (NAME(S) OF SIGNER(S)) ❑ INDIVIDUAL(S) XX CORPORATE Prpc i d nQ t & OFFICER(S) Secretary ❑ PARTNER(S) MTLE(s)) %](personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is /are sub- u TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN /CONSERVATOR to me that he /she /they executed the same in «.. BONNIE LANE ❑ OTHER: U ,4his /her /their authorized capacity(ies), and that by Comm. #969311 his /her /their signature(s) on the instrument the ^'NOTARYFL'eLIC CALIFORNIA person(s), or the entity upon behalf of which the LOS ANGELES COU14TY Q SIGNER IS REPRESENTING: persons) acted, executed the instrument. ^ i do �� IAY Comm. Expires July 9, t996 (NAME OF PERSONIS) OR ENTITY{IESD witness yhand and officialseal. Los Angers Engineering.1 (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above F WOLCOTIS FORM 63240 —ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY IREPAESENTATIONIRNGERPRINT —Rev. 1292 �1992 WOLCOTTS NORMS, INC. 0 0 FA 4 02 Q $13 Z4163 DWIT-44 'A ► 1410AIA 0101 11ti ONFA l 01J24 STATE OF CALIFORNIA e.g. COUNTY OF LOS ANGELES On before me, _, personally appeared X_ personally xnown to me; or proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is /xxr subscribed to the within instrument and acknowledged to me that heJxinsalt1ugpx executed the same in his /kaxAlkrfx authorized capacityDaJe*4, and that by his /hxrjg(ZhvAx* signature(x) on the instrument the person(K) or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS my hand and official seal. ( SEAL) ........... » .............. ....� oaaarHa weic�r / • COMM. N956357 NOJARY PUBLIC - CALIfORN1A LOS ARMLES CBUNtY Signature of Notary Pu c :••••••- ,;,My..." ......4 lW . .....ob.13 1.... 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) Titles Partner(s) _Attorney-in-Fact Trustee(s) Guardian /Conservator Other: Signer is representing: Surety and and Limited General 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 S gner(sl other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE r�l.:VwrVcYmrlilm JIM) wpifnj�%"L�Igtlev Ron) POWER OF ATTORNEY VIGILANT INSURANCE COMPANY ATTN-. SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -20W Fax No.: (908) 903.3658 Know en Mon by Mew PrweMS, That kIGLLAK INSURANCE COMPANY, a Now Yak Oerperrdon, hu oorotlbr ed end eppokded, and door hereby ewaMumandappow Howard Siskel, Richard Adair, Joseph E. Cochran, Bronwyn Murdock and Mark E. Shreckengast of Los Angeles, California --------------- ---- -- ---------- ______ asch Is a~oftmiee�, bonds f bYpat as �� exeaft a aw �d such desitradon In w emu of a biisine�eb amid lorft release d bW ype m� g" Wi earhwettea. rwrn.. rn .,wb.rMrraerwretnerAYCecowibeT nr.ease.ab• ewwOe,e,M MrrAaserYra. �eMbyrY4l ,saMrtrMAwarewebrywrereewe,rtb rbreb server 15th dwd September, to 94 COMMON w aMleaFaewdROeT 1 eL Cowayasomerear f VweAen'ONUN =eabraaT M onMb 15th asa September, Ib 94 . beY, eMeo« w. 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PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. ♦en woom Pre Meg coraerr Il if-I i wzl s 1 ?; cl :_l :;104545'226 LOS ;:%I-KnELES ENG P+-. P-1,;E 115 A a Page 10 . .. --0P':'lNSUQANCE� ... .. ... PRODUCER COMPANIES AFFORDING COVERAGE BOLTON/RGV INSURANCE BROKERS A NY LETT COMP r It A TRANSCONTINENTAL INSURANCE 1100 EL CENTRO STREET P.O. BOX 820 SOUTH PASADENA, CA 91030 COMPANY 8 VALLEY FORGE INSURANCE CO. (PA) LETTER INSURED Ln,s Ang�IC -. II)C. — 41134 Tienple City Plvcl. COMPANY C FREMONT COMPENSATION ,Ro,:?rnpad. CA P1 77p LETTER S THIS IS* TO CFJMFY-Tm4T--PIxkIis-c:F IN 'OR&NcE LrTIED BELOVI HAVE BEEN ISSUED TONNE INSURED NAMED A13r)E FOR THE POLICY PERIOD UJOICAT17D UOT?4jHaSTANDING ANY REOUIRCUFriT. TERM an CONDITION OF ANY CoRR CT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIHIS CERTIFICATE MAY SE ISSUED OR MAY PERTAjtt THCINSURAuCE AFFDPn TO ALL THE rUmS. . ED BY THE PIUC;ES DESCRIBED HEREIN IS SUBJECT F(CLUSIONS V40 CONOIT)ONS OF SUCH POLICIES A140 IS NOT AMENDED, Dn`E,40EO CA ALTERED BY THIS CERTIFICATE c;o TYPE OF INSURANCE POUCY NUMBER EFFECTIVE DATE EXNPATiatj GATE I ALL U!Arrs IN THOUr."Irs GENERAL LIABILITY GENERAL AGGREGATE I $2,000 A (OCCUMNCE BASIS GULY) DCOMMEFICLNL 1065633 5-7-94 5-7-95 PA6OUCTSiCOMPLETED - 1,000 ODLIPREHENSrVE p OPERATIONS AGGREGATE COMRACTORS PAOTECTr;E PERSONAL ItIJURe S1,000 CON'TRACTUAL FOR ZPE�iF!C CnIrrRACT El PR0CUCT;!COf-IPL OPER, r-1 xcu HAL%Ros, EACH CCICURAnci! S1,000 Ll BROAD FORIA PROP. DAMAGE SEVIRASIU-Y OF ItITEREST F(PE DA:AAGE s50 CIAUSF Wre ONE FlP.Q RE NAL lfuurre VIMH EMPLOYE M%IOVED MEOIC;L EXPENSES (A;re ONE PEA50u) i s5 AUTOMOWLIZ LIABILITY COMBINED LIMIT I 1000 COMPAEHNSNE IE SUIGLE 1 .. ...... BODILY INJURY s B OrrrNED (PER PERSON) 10220377 5-7-94 5-7-95 r 'JL'4 Kj HIRED (PER A 10�t�! 101- 1 ' OWNED Y PROPERTY s CAPAA EXCESS J IL-Ty- EACH AGGREGATE UMBRELLA FORM I ..CUrR8ucr. . c� - S OnItS THAti UMBRELLA FORIA f STATUTORY C WORYLERS. COMPENSAnou eTN95922396701 2-1-95 2-1-96 AND IS1,000. DISEASE - PCLICY LI?ArT FMPLOYEFZ7 LIABILITY jsl,OuO I DISEASE - EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR' ......... ` WORKERS- COMPENSATION STATUTORY -' DESCRJPT$ON OF OPEPATY-Ifl^ VLO:ATIOtISIVEHICLESIREETPJCTIONS�PECIAL ITEM3 ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH By OR ON BEHALF OF THE N.AxiCo INSURED •l CONNECTION vanj THE FOLLOWING CONTRACT: Sidewalk, Cure Gutter Reoli je�le cemr�at Prtcjr�jm Lida Flha5e H r 3rT't - PROJECT TITLE AND COIfTRACT NUMBER CERTIFICATE HOLDER t It E L a T 10 N SHOULD Air( OF THE ABOVE DESCRIBED POLICIES BE 11011 FIENEWFO, CITY OF NEWPORT BEACH CA?JCFl I FD OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PAOVlOE 30 DAY- MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO THE CITY OF NEWPORT BEACH BY AECISTEACO MAIL NEWPORT BEACH, CA 92659-1768 ATT!�flrlO: Pu�bYicWor CJI- V-j 31:NrATNF ISSUE OAiE __i V.+: a___ .. _� ��vv_v -.ccG ""� ^•' -•��L= Lrv'a Leer �..'x ,Ih. Fage 11 C_ENEP_-.L LIABILITY T.NSG _:kNCE:NDGPSkiMENT It is a r -;ed that: 1. Wizh __scect t_ such insurance as is a.ff. Orded by to °_ rip1i`;, for Gane_'a1 Liability, the Ci -y of NeNp• =rt Beach, rho Lid,, Is1� Ccmmunit•y Association, ar-d their officers and -2mpl:Dyees are additional insureds, but cnly with r_scecr Co 1iabbility arising cut of operations perfcrmed by or on behalf cf the nam °_C in C9rnet:C.7n with rs:_ ccntI•a : ?_ e1ca or acts and omiss_ons cf the additional ins : :zzds in c: :,nne,.:�z:i-_n wi —h its general supervision of skicC i ocerar L =ns. The insurance .,_domed sa:: additional insured(si sh.�11 apply as -rinar;- insurance and no other insurance main!a_-ned the °_3ch Cr Li dc Isle C= ccn1!n4ry Assccia__cr. s'.-:a11 he Ca_. =d ': 7 t:, cCntri cut_ ':r:'.l insL :cnc _ ,:his 2. -_ - :... edges lie ,,,.`_^r:__= ei_:•: _.,... = z,'Sl ranee of _girded the cc•licv _;,r.____ each insures against whcm clay.•. is TaCe cr suit is brcught, excert ____ c-_ the lir..ir_s = liah•ility _! .....- r an c 2 a °_d r;7° ':7 j.; i-y L•,^.r t_= `n -rac a1 a- _lt 171 _ -a -C� (_ucie_t co y.he ter - cor.dtir_ra ad e> : -1 ions a.p_= _2*i_° r', : .ns L`_fin :'!?� 1 °C1UG °_5 1`::h_1_:y a.s.-u . °__ h•. rh_ r-a _- :- 1S1 uncle_ the ° -: - .lc i-d_..ni= icatia :l %lr ho1_ h__n?es.. r•n .0 ^tract narred insur_� and -he :.it"+ of ii-s _5 _y ?.s5;;�id *i�... n :.t-1 I: °. =t= to such ins::rance as is of f•:1_-d2•2 b•: rhi_ ri 2i:Cl' s_cns, if any. pertaining to the explosicn hazard, [:32lird and unaergrGllnc properry haz =?' :. 1•_.T .On1y Y".` = - - =,a _ a_ ._.'J •' ha- -arcs) are deleted. S. The limits of liability under this endorsem=ent f -.x the additional insureds? named in Paragraph 1 of ths endorsement shall be r-he limits indicated below written on an "Occurrence" basis: (A Commercial ( ) Comprehensive General Liability S 1,000,000 each occurrence 5 2,000,000 aygrr -jar. 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(!;) . 5!41 i Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall Provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 11)04/95 SiCe:+alk. Curb L Glitter Replacement PrpgrLa ;.i•),, 7. Designated Contract: file Sidewalk Replacement, Pnase li C -70 "1 Project Title and COnttact 14G. This endorsement is effective MARCH 6, 1995 _ at 12:01 a.m. and forns apart of Policy No. 1065633 -94 of Transcontinental Insurance Co. (Compani, R.ffo ,_-ding G_•verage) . Insured: Los Angeles Engineering, Inc. Endorsement No,; Special Issulicr, Crji4 ^A..jY zi„ ut rized R -nres. ncativ,L/ _ w.. �.. ... �., c.♦ :.y �.. _ c...: "�.. .. ._ti��_ a .. ., r:aat LEi page 12 AUTOMOSI:,E LIABILITY INS(RANCE ENDORSEMEMT It is agreed that: with respect to such insurance as is afforded by the policy for Automobile Liability, the Cit of I`cwport Beach, the Lido Isle Community Association, and their officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of auccrt.cLiles (or autos) used by or on behalf of the named insured in connection with the con_ract designated below. The insurance extended by this endorsement to sald additional insured does not apply to bodily injury or p_-oc•erty damage arising out of autdr„obiles (i) owned by or registered in the name of ar. add__icnal insured, or (2) leased or ranted by an additional insured, or (31 coerated by an additional insured. The _..su :ance a_°fc =dtd said add_ =_oral insured(s) Shall atoly as L+rlmar :. lnsGrance and no ofer Insurance_ maintained by the CitV cf C7e7-_Or: egad. ^. or Lido Community Ti55JC _:at 1O: shall be c_=il?3 Upon tD zcntrl�_ute Y:. .1'i insurance DrdYlaed by cPls The cclicy includes the folic : :'_n; provision: "Th;_ i :1SU�'anc_ a`f r: ?d t`.:e co' ic-, a--; E.%-' _ __ o :rater' ca ea• =. ^. 1 ^S =_ :r is 5ne` coverage or =_cainst whor,r a c1 a.i.m is m;de or suit is L"_ ":J L' e:S_ept _t.:] respect to the 11a11L5 of liability of :_ cOloanV covterag_- The limits cf lladlllty unc__ this end.- +rse.'.ent f-r the additicn�_l insureds named in Fa=ac_raoh 1. of this endorsement s - ^ail be the limits indicated t_io :a for either ML11rl_:le Llmi =s or Si nr.,l_ Limit: ( )9 mulz�iple lim_:s Bodily Injury Liability Bodily Injury Liability 5 per person $ per accident Property Damage Liability $ Combined Single Limit Bodily Injury Liability u Property Damage Liability s 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 ill the policy as applicable to Automobile Liability Insurance. s:1t 0 0 Page 12A 9. 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, Attsa7t.on: Public works Department. 19.Oa 5 ti dewalk, Curb 8 Gutter Keplacement Program Lid,) I 5. Designated Contract :Sidewall; Replacement„ Phase It C -3021 Project Title and Contract No. This endorsement is effective March 6, 1995 at 12:01 a.m. and forms a part of Policy No. 10220377 of Valley Forge Insurance Co. (PA) (Company Affording Coverage). Insured: Los Angeles Engineering, Inc. ISSUING COMPA14Y By du;. prized Reores_nuativ_ s /il Endorsement LNto.: Special 0 F_7 u Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." March 7, 1995 Date C -3021 Los Angeles Engineering, Inc. Name ofpContractor (Princ Contract Number Author>ja' gicjnature and Tit Angus O'Brien, President 1994/95 Sidewalk, Curb & Gutter Replacement Program Lido Isle Sidewalk Replacement, Phase II 5/91 0 6 Page 14 CONTRACT THIS AGREEMENT, entered into this p_ day of c6opC , 19 0�12 by and between the CITY OF NEWPORT BEACH, hereinafter "City,' and I os Anoeles Fnaineerinn_ Inc_ , hereinafter "Contractor," is made with - reference to the following facts: A. City has heretofore advertised for bids for the following described public work: 1994/95 Sidewalk, Curb & Gutter Replacement Program Lido Isle Sidewalk Replacement, Phase II C -3021 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: 1994/95 Sidewalk, Curb & Gutter Replacement Program Lido Isle Sidewalk Replacement, Phase II Title of Project C -3021 Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Three Hundred Fifty Thousand Three Hnndrad Eighty -Two Dollars and Fiftv rants Dollars t$ 3bu,Jbz.bu ). This compensation inctuaes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 0 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: Replacement Program, (a) (b) (c) (d) (e) (f) Lido (g) (h) Notice Inviting Bids Instructions to Bidders and therein Payment Bond Faithful Performance Bond Certificate of Insurance and Plans and Special Provisions documents referenced Endorsement(s) for 1994/95 Sidewalk. Curb & Gutter Isle Sidewalk Replacement. Phase II C -3021 Title of Project Contract No. This Contract Standard Specifications of Public Works Construction (current Edition) and all supplements Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City, the Lido Isle Community Association, and their officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City, the Lido Isle Community Association and their officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. @4 ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: -\A✓ J Mayor Los Angeles Engineering, Inc. Name of Contractor Authorize g ture and Title Angus O'Brien, President State of California County of Los Angeles On NlQrzh I 19M5 before me, Bonnie Lane —(DATE)/ (NAME. TITLE OF OFFICER - I.E..'JANE DOE, NOTARY PUBLIC -) personally appeared Angus O'Brien (NAME(S) OF SIGNERS)) %X personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that he /she /they executed the same in is BONNIE LANE his /her /their authorized capacity(ies), and that by U Comm. #969311 9 his /her /their signature(s) on the instrument the "(. NOTARY PUBLIC - CALIFORNIA person(s), or the entity upon behalf of which the LOS ANGELES COUNTY ii person(s) acted, executed the instrument. My Comm. Expires July 9, 19;g4 Witness y hand and official seal. (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) KkCORPORATE President & OFFICER(S) Secretary ❑ PARTNER(S) (TITLE(SI) ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) Los Angeles Engineering,] this certificate to any unauthorized document. Date of Document CITY OF NEWPORT BEACH 0 PUBLIC WORKS DEPARTMENT PROPOSAL 1994 -95 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE II CONTRACT NO. 3021 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK . 1,2 & 3 III. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 3 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . 3 & 4 V. WATER . . . . . . . . . . . . . . . . . . . . . . . . 4 VI. PUBLIC CONVENIENCE AND SAFETY. . . . . . . . . . 4 & 5 A. Traffic Control Plans . . . . . . . . . . . . . . 4 B. "NO PARKING, TOW- AWAY" Signs . . . . . . . . . . 5 C. Notification to Residents. . . . . . . . . . . . 5 VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 6 VIII. CALTRANS ENCROACHMENT PERMIT . . . . . . . . . . . . 6 IX. CONSTRUCTION DETAILS . . . . . . . . . . 6,7,8,9, & 10 A. Removal . . . . . . . . . . . . . . . . . . . 6 & 7 B. P.C.C. Replacements . . . . . . . . . . . . . 7 & 8 C. Tree Roots Removal . . . . . . . . . . . . . 8 & 9 D. Subbase Material . . . . . . . . . . . . . . . . 9 E. Asphalt Concrete . . . . . . . . . . . . . . . .10 X. SOLID WASTE DIVERSION . . . . . . . . . . . . . . . .10 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 1994 -95 SIDEWALK AND CURB AND GUTTER REPLACEMENT V.11ZM LIDO ISLE SIDEWALK REPLACEMENT, PHASE II CONTRACT NO. 3021 I. SCOPE OF WORK SP 1 of 10 The work to be done under this contract consists of constructing and reconstructing P.C.C. improvements and performing other incidental items of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. M- 5316 -L (attached) , (3) the City's Standard Special Provisions (1994 Edition); and (4) the Standard Specifications for Public Works Construction, (1994 Edition, including Supplements) . Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK No work shall begin until a schedule of work and a traffic control plan have been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. The following requirements shall be incorporated into the schedule: A. All work under this contact shall be completed before June 30, 1995, or within ninety (90) consecutive calendar days after the start of work, whichever occurs first. In addition, the Contractor shall complete all work at each site (three work sites; Lido Isle, Balboa Island, and Corona del Mar) within thirty (30) consecutive calendar days after beginning work on that site. • 0 SP 2 of 10 The term "work" as used herein shall include all removals and replacements; construction of P.C.C. improvements; construction of A.C. patch back, backfill, sprinkler repairs (except Lido Isle), clearing and grubbing, pruning and removal of tree roots, installation of root barriers, removal of barricades /delineators /signs, restoring damaged landscaping and improvements by the Contractor, and clean up. Also included within the specified period is curing time for new PCC improvements. If it becomes apparent during the course of the work that Contractor will not be able to meet this schedule, he will be prohibited from starting additional work in additional work site until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $350.00 per day (including Saturdays, Sundays and holidays) liquidated damages for each day in excess of the thirty (30) consecutive days allowed for 100% completion of the work at each site. B. The Contractor shall provide continuous traffic access for all streets at all times. C. Hours of Work: 7:00 A.M. - 6:30 P.M. weekdays. No work will be permitted on Saturdays, Sundays, and holidays. "Holiday" shall be defined as Washington's Birthday (3rd Monday of February). D. The A.C. patch back shall be constructed upon completion of P.C.C. curb, curb and gutter, alley approach, and cross gutter construction. E. The Contractor shall accommodate City's trash collection (see attached Collection Schedule) and City's street sweeping (see attached Lido Isle Street Sweeping Schedule). If the Contractor elects to work on a street during its street sweeping /trash collection days, it shall be his responsibility to make arrangements by contacting the City's Field Operations Superintendent, Mr. Leon Hart, at (714) 644 -3060. • • SP 3 of 10 F. The Contractor shall notify the Operation Support Supervisor, George Millikin at (714) 644 -3072 regarding any removal of existing painted curb and to salvage City's signs which interfere with the work. Sign reinstallations and painting red curbs shall then be performed by City forces at no cost to the Contractor. G. It shall be the Contractor's responsibility to coordinate with the Lido Isle Community Association (LICA) , all promenade sidewalk work on the North Bay and South Bay of Lido Isle and work in the Via Genoa Boat Storage Area. Both are owned and operated by LICA. Five (5) working days prior to starting work at these locations, the Contractor shall contact LICA's office at (714) 673 -6170 to make arrangements for the work to begin. H. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots which interfere with the work. Method of pruning and removing tree roots and exact location and length of root barriers shall be determined, approved, and inspected by contacting the City's Urban Forester, John Conway, at (714) 644 -3083, a minimum of five (5) days prior to work (see Section IX.0 Tree Roots Removal). The Contractor shall provide covers and shall cover, maintain, and uncover the City's "NO PARKING STREET SWEEPING "" signs to allow residential parking along streets adjacent to streets under construction during street sweeping days, as directed by the Engineer. III. CONTRACTOR'S LICENSES At the time of award the Contractor shall possess a General Engineering Contractor A license or Specialty Concrete Contractor C -8 license. At the start of work and until completion, the Contractor shall possess a business license issued by the City of Newport Beach. IV. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. • 0 SP 4 of 10 Payment for incidental items of work not separately provided for in the proposal (e.g., sprinkler repairs in Balboa Island and Corona del Mar areas only, clearing vegetation, grubbing, backfill, aggregate base, A.C. patch back, excavation, aggregate base, removal, disposal, sawcutting, protecting landscaping and property corners, removing and replacing or preparing subgrade, etc.) shall be included in the unit prices bid for items of work. The 4" wide variable height P.C.C. curb shall be included in the bid item for Case LB and LL curb access ramps. The Bid item for alley approaches \alley shall include the curb returns, sidewalk transitions, and aggregate base. The Bid item for P.C.C. cross gutter replacement shall include curb return, curb and gutter transitions, and aggregate base. Partial payments for traffic control and mobilization shall be made in accordance with section 10264 of the California Public Contract Code. V. WATER If the Contractor elects to use City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. VI. PUBLIC CONVENIENCE AND SAFETY The Contractor shall submit a written traffic control plan for each street to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. A. The traffic control plans shall incorporate the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorists. 2. A complete and separate plan for each phase of construction proposed by the Contractor showing all items listed under 1. above and the restrictions of Section II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. 3. Reopening of all traffic lanes upon completion of each day's work (see Section II.) . In addition, emergency vehicle access shall be maintained at all times. ff • 0 SP 5 of 10 "NO PARKING, TOW- AWAY" Signs Where any restrictions mentioned necessitate temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW - AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty (40) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to Sign No. R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. The Contractor shall post streets with the time and dates that disrupt parking and access. Errors in posting "NO PARKING, TOW - AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor repost the "NO PARKING, TOW - AWAY" signs. C. Notification to Residents Between 48 and 55 hours before closing a section of street, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times at the time he distributes the notices. Errors in distribution of notices, false starts, acts of God, strikes or other alterations of the schedule will require that the Contractor redistribute notices to residents. • • SP 6 of 10 VII. CONSTRUCTION SURVEYING STARING Field staking for control of construction will be provided by the Engineer. Limits of removal are field - identified by white, blue (additional P.C.C. sidewalk replacement request by LICA), and orange paint (private tree damaged sidewalk on Lido Isle) markings. Existing property corners and survey ties adjacent to removals shall be protected and maintained. In situations where property corners or survey ties interfere with the work, the Contractor shall notify the Engineer a minimum of two (2) working days prior to removal so that the Engineer can survey and reset property corners and survey ties. VIII. CALTRANS ENCROACHMENT PERMIT The City has obtained an Encroachment Permit from the State of California (Caltrans) for work within the State right -of -way. The Contractor shall conform to the provisions of the permit, which is included in the Appendix of these Special Provisions. The Contractor shall obtain "riders" for the permits from the State to perform the work within the State highway right -of -way. All costs incurred for inspection and for conforming to the provisions of the permit shall be considered as included in the contract prices paid for the related items of work. IX. CONSTRUCTION DETAILS A. Removals 1. Existing P.C.C. and A.C. improvements shall be sawcut a minimum of two (2) inches deep prior to removal. P.C.C. replacement and parkway paving removal quantities and locations are indicated in the attached schedule. Final removal at the sawcut lines using equipment such as hard -blow pavement breakers and /or stompers shall be approved by the Engineer. Should the Contractor damage the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at the Contractor's sole expense. Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to cognizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for that item of work. 0 • SP 7 of 10 2. Adjacent Improvements - The Contractor shall be responsible for the protection of public and private improvements adjacent to the work. Any salvageable bricks removed shall be neatly stacked on the owner's property. Additionally, the Contractor shall use appropriate construction methods and equipment to assure the protection of existing landscape, driveways and parkway treatments immediately adjacent to the existing curb. If, during construction, damage occurs to said landscape, driveways or parkways, the Contractor shall be responsible for restoring same to its condition prior to construction. The Contractor may anticipate a certain amount of interfering parkway sprinkler pipe breakage associated with sidewalk and curb and gutter replacement. In anticipation of sprinkler breakage, the Contractor shall notify the respective property owner in advance a minimum of two (2) working days prior to excavation to locate the sprinkler's on /off valve and to make arrangement for testing /approving the repairs. Such breakage in the Balboa Island and Corona del Mar areas shall be repaired, restored, and backfill to 90 96 compaction by the Contractor 72 hours after breakage as an incidental item of work. Whereas breakage on Lido Isle shall be capped per Section 7 -9 of the Standard Specifications. 3. Parkway paving where indicated is to be removed without replacement, except that the Contractor shall fill and level the removal areas with imported or excess graded clean soil. Any salvageable bricks removed shall be neatly stacked on the owner's property. 4. The Contractor shall remove all unstable subgrade. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the Engineer. B. P.C.C. Replacements The Contractor shall grade, form, and finish all P.C.C. replacements to match the appearance of the adjoining P.C.C. improvements. The subgrade on Balboa Island and Lido Isle is sandy material. Hence, the sandy subgrade shall be thoroughly soaked with water and tamped for maximum compaction. In addition, the Contractor shall remove and dispose of all A.C. /P.C.C. patches and ramps upon sidewalk panels adjoining those sidewalk panels which are to be reconstructed. C • • SP 8 of 10 1. Sidewalk and curb access ramps shall be opened to pedestrian use on the day following concrete placement. In addition, all forms shall be removed, sprinkler shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 2. P.C.C. replacements subject to vehicle loads (e.g., cross gutters and curb and gutter along driveways) shall not opened to vehicle loads until the concrete has cured to minimum strength of 2,000 psi. 3. The integral colored concrete construction on Lido Isle shall be a combined and mixed uniformally with the admixture "Adobe Tan ", No. C -21 of Chromix as manufactured by the Scofield Company of Los Angeles. At least five (5) working days prior to starting work on Lido Isle, the Contractor shall submit a minimum of three (3) different finished samples of the colored concrete with "Diamond" pattern score line with this mix design which best matches the Lido Isle colored concrete sidewalk. The samples shall be 2' by 2' by 4" thick. The samples shall be cured a minimum of 72 hours prior to submittal. The City shall approve the final mix design prior to construction. 4. The Contractor shall install root barrier adjacent to reconstructed root damaged P.C.C. sidewalk per schedule. The root barrier shall be Root Booster, Shawton Industries (or approved equal) SM 12 X 20 panels to be installed adjacent to the curb and gutter and sidewalk replacement, respectively. A minimum of 6 lineal feet of root barrier shall be installed adjacent to each tree damaged curb and gutter replacement. Root barriers shall be installed per manufacturer's recommendations. Tree Roots Removal The following methods of pruning and removing tree roots shall be per International Society of Aboriculture Standards and by the City's Urban Forester for all tree root damaged locations (see Section II.H). 1. Root Pruning a. Prior to pruning the City's Urban Forester shall review any proposed pruning and inspect work sites as necessary. • • SP 9 of 10 b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. C. Roots will be cleanly severed using a root pruning machine, axe or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root cutting machine shall be made. b. The cut is a maximum 14" below grade for sidewalks and 26" for curbs and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. When a tree trunk of root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree. When there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. This process involves selectively removing offending roots. Selective root pruning shall be performed with an axe or stump grinding machine instead of a root pruning machine. C. All tree roots that occur within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. e. Roots selected for removal will be selected on the basis that they will have the least impact on the health and stability of the tree. D. Subbase Material 1. Untreated Base Untreated Base shall be in accordance with Section 400 -2 of the Standard Specification. Untreated base shall be placed over the compacted subgrade. Payment shall be included in the unit price for alley \cross gutter construction. • E. Asphalt Concrete • SP 10 of 10 Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one -tenth (1 /10) of a gallon per square yard shall be uniformly applied to existing AC, and to portland cement concrete edges against which asphalt concrete is to be placed. The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: 1. The surface shall be free of all dirt, debris, water, and vegetation prior to placement of asphalt concrete. 2. The asphalt concrete shall be III -C3 -AR -4000. The Contractor shall join flush when joining existing pavement. X. SOLID WASTE DIVERSION Unless specified elsewhere in this contract, all non - reinforced Portland cement concrete and asphalt concrete waste generated from the job sites shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and total solid wastes disposed of at sanitary landfills. 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O) O I� N O O CO f� N CO O CO O N O> O CA Q co N N a 0 W 0 V' N a N R N r O N a N O N� -e V N CC) 0 , 0, N in 0 CO 0 0 t0 0 0 CO N r M N O n CO n O r O M> C7 co 07 CO �f CO 5 M m IL IL • 1 0 rn m IL J J Q LL O>t0NhNO cow N� M M� v a v rO� 00 N �N N O N �.., t0 �.., r r r N M 00 fp aD O DO ED O a0 O N O r N O W v� O W j W U N W g w W O " � a a ° g ° W iW Q J cc r U J m 2 Q W cc g !n cc F- m m P v Q > N co °vv 'a `�°va °' �U v � I� IL o 0 -2oo �ip n o 0 o 0 2 o c a 0 c a� c a) m d d d� v 2 o cc N 0 o m ( o �� LLI m o O o O o p C O C N — •Z — 'O 6 0 m m C m c m :0 NYYY222J20000n(-1 co y _ m _ m _ m _ m _ m _ m cc m m m m m m m m m ca m m m m m m m C > 0 O> 10 w r of r n v ip m N O M 1 O O Ln N N V N N w O Y O w J O N N O 0 N O O N N N N O C N� cm N 0 NN��N� 0 0 O NN(o O O , N O N� N 1 0 rn m IL • 0 T N i6 a W Y J J Q LL N y 3 o r M Q+ r 00 N N N O W vii O J � a F 0 p w W Z a U < � a 0 w W w w LLI U a a a W p w O W. 2 ~ Q w � a o o d W L''oo � �wz w N (n �JJ V O > >> O owr- J P w , 0 T N i6 a Ll COLLECTION SCHEDULE MONDAY • Balboa Peninsula, E. of Newport Pier (Newport Pier to West Jetty) • Newport Crest • Lido Sands • West Newport from Newport Pier to Santa Ana River (Balboa Blvd. to the Ocean) • Newport Shores • Balboa Coves TUESDAY • Cliff Haven • 15th St. to 16th St. (Tustin to Irvine Ave.) • Newport Heights • Lido Island • Bayshores • Park Lido Tract • Finley Tract • Newport Island • 32nd St. to 44th St. (Balboa Blvd. to Marcos) • Linda Isle • Anniversary Tract • Vista Bahia • West side of Irvine Ave. to Tustin Ave. from Holiday Rd. to Santa Isabel Ave. (Moden Annex) • Irvine Ave. to west side of Dover Dr. from Westcliff Dr. to Mariners Dr. (Mariners Square) WEDNESDAY • Harbor Island • Beacon Bay • Promontory Bay & Harbor Isl. Dr. • The Cove • Balboa Island • Bayside Dr. (Coast Hwy. - Bayside Dr. to Jamboree) • Irvine Terrace • Big Canyon & Townhouses • Sea Island 0 WEDNESDAY (Continued) • Dover Shores • Baycuest • Harbor Highlands • Westdiff THURSDAY • Cameo Shores • Cameo Highlands • Corona Highlands • ShoredifTs • CDM SOUTH of Coast Hwy. from Avocado to Hazel (Coast Hwy to Ocean Blvd.) • China Cove • Breakers Drive • Bayside Drive (jamboree to Marguerite) • Granville Apartments • Eastbluff • The Bluffs • Belcourt & Belcourt Hill • Bayridge • Newport North (N. side of Bison - jamboree to MacArthur) FRIDAY • Harbor View Hills • CDM (NORTH of Coast Hwy. to 5th Ave. - MacArthur to Hazel) • 5th Ave. - Haul to MacArthur • Broadmoors • Jasmine Creek • Jasmine Park • Lusk Tract • Harbor Point • CDM Terrace • Point Del Mar • Spyglass Hill • Canyon Crest • Seaview Broadmoor • Harbor Ridge • Harbor View Knoll • Harbor View Homes • Harbor Hill • Seawind m c3,s 0 l � 290rH C C r ,,�+J• x C7 X, D . L,—I z z m r I VIA FLORENCE VIA FERMO I. I ro C 9ra %014 < -:to SCALE I" =800' a3 i SWEEPING SCHEDULE TUESDAY •..•••••..•••••••• . FRIDAY - - - - -- INDICATES TRAFFIC FLOW t,,t6 E\�ONP J \P 0p� y \P pPppJP c a J \P o \,pN J \P gpV\ J \P F\Et�N J \P G�NpP PNP J \p G�p1 a :9 J \N pCp CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLAND STREET SWEEPING PROGRAM J \P Y -Opt, J \P \,O�GP NE 1 J 4 \P '4\ E� 0 J \P • •(O ��!'' J\ �p � J \P SpN aS�� . J \p \)Np\ o J \P JFN�1 \PS \p J \ vol E P pNSN J \P \{ 6 \c DRAWN AZIZ DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. — DRAWING NO. EXHIBIT STATE OF CAUFORNIA • DEPARTMENT In compliance with (check one): X Your application of Utility Notice No. Agreement No. R/W Contract No. ANS ATON'. ? 177!1'') DEC 2 7 99 PUBLIC WORKS M3 0FfI)Q,FACH. CAI of of of 12 -ORA -1- 15.3/16.4 TO: I I CITY OF NEWPORT BEACH THIS PERMIT EXPIRES PUBLIC WORKS DEPARTMENT JUNE 30, 1995. 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 ATTN: LLOYD DALTON, PRINCEPAL CIVIL ENGINEER PHONE 714/644 -3334 , PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: replace apprmdmately 1600 lineal feet of existing damaged P.C.C. sidewalk located along Pacific Coast Highway (ORA -1) from Avocado Avenue to Seaward Road in Newport Beach, all in accordance with current Caltrans Standard Specifications and Standard Plans, the attached provisions and Permit Plan dated December 21, 1994. Permittee shall contact State Permit Inspector BOB SCHAPER at 7141724.2872 between 7 AM and 9 AM a minimum of two working days prior to the start of work and a pre - construction meeting will be scheduled at the earliest mutually agreeable time. Failure to comply with this requirement will result in suspension of this permit. am also included as X Yes No General Provisions Yes X No Utility Maintenance Provisions X Yes _ No Special Provisions Yes _ No A Cal-OSHA period required prior to beginning work t In addition to tee the pennittee will be Gill actual casts for. _ Yes X No Review _ Yes X No Inspection X Yes Feld Work of any Caltraro effort expended) �W � ��V IIq YYV1111Y1N11 Y� IIR V�TIVIYIIOIIIYI YVVYY,V VI V,NJY VW VYVV .V.�Y.IYV V„V W„a.,Y.YV r, ti. .r approval of this perms. This parmd is void unless the work is completed before Fi E 30, 1995. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No projed work shag be commenced until all other necessary permits and environmental clearances have been obtained. BOB SCHAPER- INSPECTOR m(without attadunents) Orange Maintenance (2 copies) Brent Keith Mveers, District P rmit Enain Page 1 of 2 NAME: an of NEWPORT WA 4 PERM: 1294 -NCS -0675 DATE: DECEMBER 21,1994 0 Permittee's Contractor shall furnish the State with a signed application requesting a separate Caltrans "DP" permit authorizing the Contractor to perform the work within the State Highway right of way in Permittee's behalf. Permittee's Contractor will be required to pay a deposit of $700.00 estimated for inspection costs and to reimburse the State for the actual costs incurred for engineering inspection of the work within the State right of way and other permit - related field work performed by Caltrans Maintenance Forces. In addition to the attached General Provisions, form DM- M- P -202B, the following Special Provisions are applicable: 1- Permittee shall contact California Highway Patrol Area #675 Commander at 714/558 -6736, and OCTA DETOUR COORDINATOR (714/638 -9000, extension 4130) at least 48 hours prior to implementing traffic control which requires lane or shoulder closures. 2- Permittee shall notify UNDERGROUND SERVICE ALERT at 1- 800/422-4133 a minimum of two working days prior to the start of any excavation authorized by this Permit. 3- Orange vests and hard hats shall be wom at all times while working within State right - of -way. 4- All traffic control shall be provided, installed and maintained by Permittee in accordance with State Standards and subject to the approval of the State Permit Inspector. All work which requires traffic control shall only be performed on weekdays between 9 AM and 3 PM. 5• Wherever work is within 6 feet of a traffic lane, that lane shall be closed to public traffic. A minimum of two lanes in each direction along Pacific Coast Highway shall remain open to public traffic at all times. 6- The full width of the traveled way along Pacific Coast Highway shall remain open to public traffic during all weekends and designated legal holidays. 7- All traffic control which requires lane closures shall be in compliance with the appropriate STANDARD PLANS traffic control system. Where required by the plan, the use of a Bashing arrowboard is MANDATORY. 8- Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. 9- In the event of any discrepancy between the Permit Plans submitted by the permittee and these Special Provisions, the Special Provisions shall prevail. 10- Permittee's attention is directed to GENERAL PROVISIONS Item #12, "Pedestrian and Bi ydist Safety". All open excavations shall be backfilled by the end of each working day, or odu wim secured to protect the public. 11- All new sidewalk shall be constructed with 6-sack P.C.C. to the nearest scoremarks. 12- Permittee shall protect all existing State facilities in place. All such existing facilities damaged as a result of this permitted work shall be immediately replaced/repaired to the satisfaction of the State Permit Inspector, at no cost to the State. 99- Immediately following completion of the work permitted herein, Permittee shall fill out and mail the attached postcard. Paps 2 of 2 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAWROVISIONS T94W (REV. arsq 1. AUTHORITY: Encroachment permits are issued under the 12. authority given the Department, Div. 1, Chpt. 1, Art. 3 In accordance with Div. 1. Chpt 3, Art 1, Sect 660 to 734 of the Streets and Highways Code. 2. REVOCATION: Encroachment permits are revocable on five days' notice, unless otherwise ;stated on the periL and :except as provided by law for public corporations, franchise holders, and utilities. These General Provisions and the Encroachment Permit Utility Provisions are subject to modificatkn or abrogation at any time. Pemiatees' joint use agreements, franchise rights, reserved rights, or any other agreements for operating purposes In State highway rights of way am an exception to this revocation. 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees when due can result In rejection of future applications and denial of permits. 4. ASSIGNMENT: No party other than the Peridee or peritiees' authorized agent is allowed to work under this permit S. ACCEPTANCE OF PROVISIONS: Peribee understands and agrees to acceptance of the provisions and all attachments to this perlt, for any work to be performed under this peril 6. BEGINNING OF WORK: it is the responsibility of the Permihee to notify the Departments' Representative, two (2) days in advance of the intent to begin work under this permit Permktee shall notify the Departments' Representative if the work is to be interrupted for a period of five (5) days or more, unless a prearranged continuance of work agreement had been made. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this periL is PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum passageway of 121 meter (4) shag be maintained through the work area, where pedestrian or bicycle facilities are existing. At no time shag pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades shag be Installed at the limits of construction and in advance of the limits its of construction at the nearest crosswalk or Intersection to detour pedestrians to facilities across the sheet 13. PUBLIC TRAFFIC CONTROL Required by caw, the Pem tee Is to provide traffic control protection of warning signs, lights, safety devices and other measures for the safety of the traveling public. Day and Nighttime lane closures shall be In compliance with the Manual of Traffic Controls, Standard Plans and Standard Specifications for traffic control systems. It Is not intended, as to third parties, to impose on the perm tee any duty or standard of care, greater than or different from, as required by law. 14. MINIMUM INTERFERENCE WITH TRAFFIC: Work shag be planned and conducted so as to create the least possible Inconvenience to the traveling public, traffic shag not be unreasonably delayed. On conventional highways, Pennittee is authorized to place properly attired flagger(s) to stop or wam the traveling public. All flagging procedures shag be In compliance with the Manual of Traffic Controls and Instructions to Fiaggers pamphlet 15. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and Material storage in State rights of way shall be In compliance Standard Specifications, Standard Plans and Special Provisions. Where any Permfte obstacle is placed within twelve (12) feet of a lane carrying public traffic, the Pennittee shall install temporary railing (type Ica. 16. 7. STANDARDS OF CONSTRUCTION: All work performed within highway rights of way shall conform to recognized construction standards and current Departrnent Standard Specifications, High and Low Risk Facility Specifications, and Utility Special Provisions. Where reference is made to "Contractor and 17. Engineer, these are amended to be read as'Perlttee and Department Representative'. a. INSPECTION AND APPROVAL: Ag work shag be subject to monitoring, and 'Inspection. Upon completion of work perittee 16. shall request a final inspection for acceptance and approval by the Department 6. PERMIT AT WORKSITE: The Permit Package or a copy oL shall be kept at the work site and must be shown upon request to any Department Representative or Law Enforcement Officer. 16. it is a violation of permit conditions and work shag be suspended if the Permit Package is not kept and available at the work site. 10. CONFLICTING ENCROACHMENTS: Pernittee shall yield start of work, to ongoing prior authorized work adjacent to or within the limits of the project Ste. When existing encroachments 20. conflict with new work, the Peritiee is solely responsible for any and all cost for rearrangements necessary (relocation, alteration or removal of). 11. PERMITS FROM OTHER AGENCIES: This permit shall be invalidated If the Perigee has not obtained all permits necessary and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety and Health Administration (CAL -OSHA), or any other public agency having jurisdiction. CARE OF DRAINAGE: Permiltee, shall provide alternate drainage for any work interfering with an existing drainage facility In compliance with the Standard Specifications, Standard Plans and/or as directed by the Departments Representative. RESTORATION AND REPAIRS IN RIGHTS OF WAY: Pern'dtee is responsible ter restoration and repair of State Highway rights of way resulting from permitted work per State Highway Code, Sections 670 at seq. RIGHTS OF WAY CLEAN UP: Upon completion of work Parddee shag remove entirely and dispose of all scraps, brush, timber, materials, eta, off the rights of way. The aesthetics of the highway shag be as it was before work started. COST OF WORK: Unless stated In the permit or separate written agreement, all costs Incurred for work within the State rights of way pursuant to this encroachment permit shag be bome entirely by the PemniCee. Peritiee hereby waives all claims for indemnification or contribution from the State for any such work ACTUAL COST BILLING: When Perittee Is to be billed actual costs, (as indicated on the face of the permit), such costs will be at the currently set hourly rate for encroachment permits. 21. AS43UILT PLANS: When required, Perigee shag submit one (1) set of as-built plans In compliance with Department requirements. Plans shall be submitted within thirty (30) days after completion and approval of work 22. PERMITS FOR RECORD PURPOSES ONLY: When work in rights of way is within an area underr$ Joint Use Agreement . (JUA) or a Consent to Common Us�reement (CCUA), an Exempt Permit will be issued to the for the purpose of providing a notice and record of work Ali prior rights of the permike shag be preserved, no new or different rights or obligations are Intended to be created. 'Notice and Record Purposes Only" shag be stamped across the face of the permit. 23. BONDING: Pernitiee shag file the necessary bond(s) in advance, in the amount set by the Department Failure to maintain bond(s) in fug force and effect will result in suspension of all work and pern8(s). Bonds are not required of public corporations or privately owned utilities, unless said Pemmidee failed to comply with the provisions and condliciis under a prior permit. Your surety company will be responsible for any latent defects until such brie as Is provided for in California Code of Civil Procedures, Sedan 337.15. 24. FUTURE MOVING OF INSTALLATIONS: Per bee understands and agrees that upon request of the Department, whenever State construction, reconstruction or maintenance work on the highway requires a permitted installation to be rearranged, the Pernittee at his sole expense, unless under a prior agreement JUAICCUA, shag comply with said request 25. ARCHAEOLOGICAL• Should any archaeological resources be revealed in the work vicinity, -the Permittee is responsible for, notifying the Department's Representative inmediatey, retainment of a quaffed archaeologist who shall evaluate the archaeological site and make recommendations to the Department Representative regarding the continuance of work. 26. PREVAILING WAGES: Work performed by or under a permit may require Pennittee's contractors and subcontractors to pay appropriate prevailing wages as set by the Department of .. Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements should be directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102. 27. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shag not be answerable or accountable In any manner for injury to or death of any person, including but not limited to the permittee, persons employed by the perni0ee, persons acting in behalf of the Permittee, or for damage to property from any cause. The permittee shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the perninee, persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property arising out of work, or other activity permitted and done by the permittee under a permit, or arising out of the failure on the per ittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity , or at any subsequent time work or other activity is being performed under the obligations provided by and contemplated by the permit The permittee shag indemnity and save harmless the State of California, sit officers, employees, and state contractors, thereof, including but not fir nited to the Director of Transportation and the Deputy Director, from an claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, inducting but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the pennittee's part to perform his obligations under any permit EP 94 0005 in respect to maintenance or any other obligations, or resulting from date r obstructions, or from any cause whatsoever during ress of the work or other activity or at any subsequent" work or other activity is being performed under the obligations provided by and contemplated by the permit. except as otherwise provided by statute: The duty of the pemdtlee to Indemnify and save harmless includes the duties to defend as set forth in Sedan 2778 of the Civil Code. The perms tee waives any and an rights to any type of expressed or implied Indemnity against the State, its officers, employees, and state contractors. It to the intent of the parties that the permides will indemnify and hold harmless the State, its officers. employees, and state contractors, from any and an claims, sups or actions as set forth above regardless of the existence of degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State, the penri tee, persons employed by the pemdtlee, or acting on behalf of the permgtee. For purposes of this section, 'able contractors' than include contractors and their subcontractors under contract to the State of California performing work within the fines of this permit 28. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent 29. FEDERAL CML RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION : A. The permittee, for himself, his personal representatives, successors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that 1.) no person on the grounds of race, color, or national origin shalt be excluded from participation In, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, 2.) that In connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shag be practiced In the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors in the selection of second -tier subcontractors, 3.) that such discrimination shag not be practiced against the public In their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operated on, over, or under the space of the right of way, 4.) that the permittee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations. Commercee and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. B. That In the event of breach of any of the above nondiscrimination covenants, the State shall have the right to terminate the permit and to reenter and repossess said land and the facilities thereon, and hold the same as if said permit had never been made or issued. 30. MAINTENANCE OF HIGHWAYS : The penid a agrees, by acceptance of a permit to property maintain. any encroachment This will require inspection and repair of any damage to State facilities resulting from the encroachment G ROAPIS RYE. CITY OF COSTA MESA VICTORIA ST. -r r. d Bq ER CST Ca-LEaE ORRJ(E CO. FAIRGR LPW W A./ ST. 19; y �i ' y Q�I t D N sl r r 11Q ffArER 'y ISLFNI) p 4L V*D L ECT LOCATION/ — _ � \ BY , - LIDO ISLE OCCRIV 1 � n PROJECT LOCATION )OR ISLRND )ECT LOCATION NR AREA VICINITY MRP NOT TO SCRLE UPPER EWPORT — � °- DRY IT / OF B1S0 RYES EWP T �IBEH , 9y JD Irr. 9�Gi No 19111 . 9 -30-97 I— INDICRTES PROJECT LOCRTION. 11�1�rI:1:� CITY OF NEWPORT ®ERCH PUBLIC WORKS DEPRRTMENT 1994 -95 SIDEWALK, CURS, AND GUTTER REPLACIII�:NT PROGRAIIf LIDO ISLE SIDEWALK REPLACEWNr PHASE a C -3021 N CITY / OF IRVINE U.C.I. 1OF 41 QvfM DIRECTOR OF PUBLIC WORKS R.C.E. NO. 16791 I r_ui DATE 19 Jan 1995 0 �7J o ` `CITY \ ;TORO E IRESER. � RD. iId _ 1OF 41 QvfM DIRECTOR OF PUBLIC WORKS R.C.E. NO. 16791 I r_ui DATE 19 Jan 1995 5• Re 7.5' 4' P.C.C. SIDEWPLK� LEVEL LINE J y 5• AND 7.5• LEVEL LINE * CENTRO STRRDR SECTION A A N.T.S. A ,6� DIRT OR EX. PRVING�a - ,-'D- IRM' PRTTERN SCORE LINE ..�..,... -.... - - T -------------- *z. -. '\R 3' F Vi CROWN LINE —E sj Ln =M M.1 � 1-1 �7 6 & 11 lE in 0 hxl 2 - - - - -- - - - - - - - - - - -- - - - - -- R — —� DIRT OR EX. PRVING--------'L — Qg{)FBSSIOv, `9q9 DeIT �y VRRIRU3LE PLAN VIEW N.T.S. No. 19111 Exp. 9 -30-97 LIDO ISLE STRADA SIDEWALK CITY OF NEWPORT ®ERCH PUBLIC WORKS DEPARTMENT 1994 -95 SIDEWALK, CURB AND GUTTER REPLACE210IVT PROGRAM LIDO ISLE SIDEMLK REPLAC86ENT PHASE 1z C -302 a�a S l 2B4 DIRECTOR OF PUBLIC WORKS R.C.E. NO. 16791 r.W JDRTE 19 Jan 1995 ii 2.5' I 1/4'. PER FT 15.5• ' 3i4' O.C. JOIN EX. HT SRWCUT I 0' C. F. lk 4 CLRB 6' C.F. COLORED'. - CONCRETE- RAIN I m N (1ON F ) Yl./20.4C.F. 4:25' C.f, EXISTING - - - - -- --- N 2.5' 6' C.F. TRANSITION % (5 S.F.) JOIN EX. X-GTR. ,1 h 1 I I I L j 1 P) 0 � O in P.C.C. CROSS GUTTER SPRNDREL (44 S.F.) LIDO ISLE CURB ACCESS RAMP CASE "LL" NOT TO SCALE REFERENCE: VIA YELLA 6 VIA LIDO SOUD (LIDO ISLE) SHEET NO. 3 OF 4 CITY OF NEWPORT BERCH PUBLIC WORKS DEPRRTMENT lX/ 1994 -95 SIDEWALK, CURB AND GUTTER DIRECTOR OF PUBLIC WORKS REPLACEMENT PROGRAM R.C.E. NO. 16791 LIDO ISLE SIDEMLK REPLAC6IENT DESIGNED GW DRTE 19 Jan 1995 PHASE ET C -3021 DRRWN M _ a 0 FE JFFSSI�y 1 2.5' 5.5' 1 R. 1/4' PER FT' MRX i i 1/4' GROOVES '. E 3/4' 0. C. • . � . � -J0: �. 19111 - 9 -30-97 �vp 0' C.F. CURB CIVIL �1� 4. )F CALF r1 • .. BALBOA ISLAND CURB ACCESS RAMP CASE "LB" NOT TO SCR-E l REFERENCE: PRRK RVOUE & CORRL RVE (BR —BOR ISLRND) SHEET NO. 4 OF 4 CITY OF NEWPORT RERCH PUBLIC WORKS DEPRRTMENT 1994 -95 SIDEWALK, CURS AND GUTTER DIRECTOR OF PUBLIC WORKS REPLACMdMVT PROGRAM R.C.E. NO. 16791 LIDO ISLE SIDEW4LK REPLAC RWW DESIGNED GW DRTE 19 Jan 1995 PMSE I7 C-3021 DRRWN ML — • V F FEB 2 7 1995 • February 27, 1995 CITY COUNCIL AGENDA ITEM NO. 7 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 1994 -95 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE II (C -3021) RECOMMENDATIONS: 1. Approve 2 budget amendments. 2. Award Contract No. 3021 to Los Angeles Engineering, Inc. for the Total Bid Price of $350,382.50 and authorize the Mayor and City Clerk to execute the contract. • DISCUSSION: At 11:00 A.M. on February 15, 1995 the City Clerk opened and read the following bids for this project: r3�� BIDDER TOTAL BID PRICE Low Los Angeles Engineering, Inc. $350,382.50 2 . Lambco Engineering, Inc. $361,885.00 3. JDC, Inc. $386,990.00 4. Basco Engineering Services $390,000.00* 5. Kovac, Inc. $399,160.00 • 6. America Tang, Inc. $410,515.00 7. Nobest, Inc. $446,365.00 8. DJ Construction $510,243.00 9. Damon Construction Co. $713,655.00 ** r3�� rl I Subject: 1994 -95 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase II (C -3021) February 27, 1995 • Page 2 10. Martinez Concrete, Inc. $785,340.00 *Corrected Total Bid Price is $388,650.00 * *Corrected Total Bid Price is $748,655.00 The low total bid price is 12.4% below the Engineer's Estimate of $400,000. The low bidder, Los Angeles Engineering, Inc. is well - qualified general engineering contractor who has possesses a Class A Contractor's licenses. Los Angeles Engineering, Inc. has not performed previous contract work for the City; however, a check with their experience references and the State Contractors License Board has shown the Los Angeles Engineering, Inc. has successfully completed similar projects as a general contractor and has no pending actions detrimental to their contractor's license, respectively. The sidewalk replacement program provides for work on Lido Island, Balboa Island, and Corona del Mar. The sidewalks and some adjacent • curbs have either raised or lowered to the extent that there may be a potential trip and fall hazard if left in their present condition. Caltrans has requested the City to make repairs on the sidewalk along Coast Highway in Corona del Mar. Balboa Island is heavily used by pedestrians on a year -round basis and it is important to replace displaced sidewalks on the Island to minimize the City's potential liability. The sidewalks slated for replacement on Lido Island are cracked, broken, and displaced. LICA has agreed to loan and advance funds to the City to get all of the sidewalk completed in one contract. A cooperative agreement was approved by the City Council on November 14, 1994 allowing LICA to assist the City to finance the project through a $53,200 loan and a 6 -year prepayment of the current beach and street end park lease ($46,800). Under the agreement, LICA and the City will pay their proportionate shares of the items of work; LICA will prepay $34,642.56 (50% of their portion of work based upon bid prices) and the $100,000 agreed amount to the City prior to award (see attached letter); and • the City will repay LICA in $26,600 payments by October 1, 1995 and 1996. The Association will incur the cost for special coloring and scoring of concrete, for reconstructing LICA's promenade sidewalk, and for replacing panels of sidewalk area which LICA judges to be aesthetically unacceptable. E Subject: 1994 -95 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase II (C -3021) •February 27, 1995 Page 3 In Corona del Mar some of the work will be performed along Coast Highway pursuant to a November 1, 1994, letter from Caltrans. Street trees along the highway must be maintained in perpetuity by the City. Caltrans' opinion is that improvements that have been damaged because of the presence of the street trees, such as sidewalk panels that are broken and /or raised because of root growth, shall also be maintained by the City. Approximately 7,300 square feet of sidewalk area at 65 different locations is proposed to be replaced under this contract. Also, sidewalks and curbs are proposed to be replaced and curb access ramps built on various side streets in Corona del Mar and on Balboa Island. The work is proposed in the interest of handicap person access and minimizing the possibility of pedestrian trip- and -fall liability. Approximately 12,000 square feet of sidewalk area and 1,500 linear feet of curb at 350 different locations is to be replaced and 1,100 square feet of curb access • ramp is to be built in these neighborhoods under this contract. This cooperative project with LICA is combined with the City's sidewalk, curb and gutter replacement needs in Corona del Mar and on Balboa Island. Based on the bid prices, the City's share of the Lido Isle work is estimated to cost $100,000.75; LICA's share is estimated to cost $69,285.12; and private property owners share on Lido Isle (where sidewalk must be replaced because of private tree root damage) is estimated to cost $15,465.60. The Corona del Mar and Balboa Island work is estimated to cost $165,631.03. Funds for award are proposed from the following: Amounts Lido Isle Work .... ............................... $ 184,751.47 City's Share; Gen. Fund Share (Acct. No. 7013P31016A) $ 0.75 Loan from LICA .........................$ 100,000.00 LICA's Share ... ..............................$ 69,285.12 0 0 Subject: 1994 -95 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase II (C -3021) February 27, 1995 • Page 4 Private Property Owners ..................... $ 15,465.60 Corona del Mar and Balboa Island Work; General Fund (Acct. No. 70131331016A)......... $165,631.03 Project Total $350,382.50 Budget amendments have been prepared for the City Council's consideration to appropriate the above funds to proper accounts. An appropriation of funds is needed to cover LICA's share, LICA's loan to the City; and Lido Isle private property owners share until those payments are received. Plans and specifications for the project were prepared by the Public Works Department. The contract date of completion is June 30, 1995. • Don Webb Public Works Director Attachment F: \WP51 \GILBERT \04\LIDO.DOC • • 0 • 1AN 2 31995 January 23, 1995 CITY COUNCIL AGENDA ITEM NO. 13 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 1994 -95 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE II (C -3021) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 15, 1995. • DISCUSSION: This project will require the lifting of the Capital Projects Program, General Fund Moratorium to approve a General Fund expenditure. The $161,000.00 estimated General Fund expenditure will come from Account No. 7012P3130016A - Sidewalk, Curb and Gutter Replacement Program, General Services. Through the agreement with the Lido Isle Community Association (LICA) described later in the memo, the City will be obligated to re -pay LICA $26,600 per year for two years beginning in F.Y. 1995 -96. Attached for information is the August 8, 1994 City Council Memo concerning the General Fund Moratorium. This sidewalk replacement program falls under two categories for exceptions to the moratorium: 1. The expenditure is considered essential for public safety, and • 2. The project relies substantially on grant funding, and the City's share is required or grant funding will be lost. The sidewalk replacement program is a public safety issue. The sidewalks and some adjacent curbs have either raised or lowered to the extent that there may be a potential trip and fall hazard if left in their present condition. Attached is a letter from Caltrans requesting the City to make • i Subject: 1994 -95 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase II (C -3021) January 23, 1995 Page 2 repairs on the sidewalk along Coast Highway in Corona del Mar. Balboa Island is heavily used by pedestrians on a year -round basis and it is important to replace displaced sidewalks on the Island to minimize the City's potential liability. The sidewalks slated for replacement on Lido Island are also displaced. LICA has agreed to loan and advance funds to the City to get all of the sidewalk completed in one contract. LICA and private citizens will pay $139,000.00 to replace private sidewalks. In all, the estimated $250,000.00 cost for sidewalk replacement on Lido Island will be fronted by LICA and their residents. Balboa Island and Coast Highway in Corona del Mar are heavily used during the summer months. It is important that the construction work be completed before June 15th. In order to meet that date, a contract must be started in early March. For the above reasons, it is recommended that the Capital Improvement Moratorium be lifted for this project. Both the Balboa Island and Corona del Mar business districts have expressed interest in participating in the Business Improvement District program. The sidewalk replacement program will help begin the process of improving the appearance of the areas. During Fiscal Year 1993 -94 the City budgeted funds for the first phase of a cooperative project to replace defective portland cement concrete (P.C.C.) improvements on Lido Island. The project was eventually combined with the 1993 -94 Sidewalk, Curb and Gutter Replacement Program and put out to bid. The work was completed so well that last summer the Lido Isle Community Association (LICA) requested that the City do another cooperative project to completely replace the balance of the defective P.C.C. improvements on Lido Isle. The City budgeted no funds for the City's portion of the work during the current fiscal year. As a result, a cooperative agreement was approved by the City Council on November 14, 1994 (see attachment) allowing LICA to assist the City to finance the project through a $53,200 loan and a 6 -year prepayment of the current beach and street end park lease ($46,800). Under the agreement, LICA and the City will pay their proportionate shares of the items of work; LICA will prepay 50% of their portion of work (based upon award prices) and the $100,000 agreed amount to the City prior to award; and the City will repay LICA in $26,600 payments • • 0 0 Subject: 1994 -95 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase II (C -3021) • January 23, 1995 Page 3 by October 1, 1995 and 1996. The construction contract will be administered by the City. The Association will incur the cost for special coloring and scoring of concrete, for reconstructing LICA's promenade sidewalk, and for replacing panels of sidewalk area which LICA judges to be aesthetically unacceptable. Under the contract, approximately 37,000 sq. ft. of specially colored and scored sidewalk, 500 linear feet of curb and gutter, 500 square feet of cross gutter, and 1800 square feet of curb access ramp will be built or replaced between Via Genoa and the southerly end of Lido Island. In Corona del Mar some of the work will be performed along Pacific Coast Highway pursuant to a November 1, 1994, letter from Caltrans (copy attached). Street trees along the highway must be maintained in perpetuity by the City. Caltrans' opinion is that improvements that have been • damaged because of the presence of the street trees, such as sidewalk panels that are broken and /or raised because of root growth, shall also be maintained by the City. Approximately 7,300 square feet of sidewalk area at 65 different locations is proposed to be replaced under this contract. Also, sidewalks and curbs are proposed to be replaced and curb access ramps built on various side streets in Corona del Mar and on Balboa Island. The work is proposed in the interest of handicap person access and minimizing the possibility of pedestrian trip- and -fall liability. Approximately 12,000 square feet of sidewalk area and 1,500 linear feet of curb at 350 different locations is to be replaced and 1,100 square feet of curb access ramp is to be built in these neighborhoods under this contract. The concrete replacement is deemed necessary to eliminate improvements which have been uplifted and displaced to the extent as to constitute a hazard to the public; and to restore adequate drainage gradients to improvements which have been uplifted and displaced. Said uplift and displacement is usually due to unstable surged or root growth of nearby street trees or private trees. Where private trees have damaged the sidewalk, • the adjacent property owners will be notified in writing (see attached example) of their responsibility to replace the damaged sidewalk, and have 90 days to proceed to construct. Upon the expiration of the 90 days, if the work is not underway it will be performed under this contract, and the costs therefore will be billed against the property owner. 0 0 Subject: 1994 -95 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase II (C -3021) January 23, 1995 • Page 4 This cooperative project with LICA will be combined with the City's sidewalk, and curb and gutter replacement needs in Corona del Mar and on Balboa Island. The City's share of the Lido Isle work will cost approximately $111,000; LICA's share will cost approximately $118,000; and private property owners share on Lido Isle (where sidewalk must be replaced because of private tree root damage) will cost approximately $21,000. The Corona del Mar and Balboa Island work will cost approximately $150,000. The Engineer's estimate totals $400,000 for the entire project. Sufficient funds to award this amount are available in the Sidewalk, Curb and Gutter Replacement Program (General Services); LICA's loan to the City; an appropriation of funds to cover 50% of LICA's share and the Lido Isle private property owners share until those payments are received; and pre - payment of 50% of LICA's portion of the work. • Plans and specifications for the project were prepared by the Public Works Department. The contract date of completion is June 30, 1995. Don Webb David E. Niederhaus Public Works Director General Services Director GW:so Attachments is 0 • August 8, 1994 CITY COUNCIL AGENDA ITEM NO.___ 6 ___ TO: MAYOR AND MEMBERS OF THE CITY COUNCIL • FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CAPITAL PROJECTS PROGRAM, GENERAL FUND MORATORIUM RECOMMENDATION: Approve additional exceptions to the partial moratorium adopted on June 27, 1994, consisting of the following categories: a. On -going maintenance and rehabilitation programs (not including major projects) b. Mandated projects and programs. DISCUSSION: At the meeting of June 27, 1994 the City Council adopted the • budget for F.Y. 1994 -95. Because of concerns about possible State of California actions which could affect the City's revenues, a partial moratorium on implementation of General Fund Capital Expenditures and on Rolling Stock purchases was enacted. The exceptions to the moratorium which were approved by the Council on June 27 included the following categories: a. The expenditure is considered essential for public safety. b. There is a contract or project which is already substantially underway. C. The project relies substantially on grant funding and the City's share is required or grant funding will be lost. In reviewing the list of projects which would be subject to the moratorium, it became apparent that it would be in the best interests of the City to include two more categories to be excepted from the moratorium. • 1. On -going maintenance and rehabilitation programs (not including major projects) These programs include preventive maintenance projects, such as street resurfacing; and sometimes safety related projects, such as sidewalk replacement. Purchase of materials such as asphaltic concrete and portland cement concrete for installation by City crews is also included in these programs. The staff believes that exempting these pr r s rom the morat m I v he City 000 ED BY C1�` ' G�t��G�� SUBJECT: CAPITA1240JECTS PROGRAM, GENERAL F& MORATORIUM August 8, 1994 Page 2 money in the long run because of the savings inherent in preventive maintenance work; and believes also that it would be highly undesirable for City crews to be idled because of lack of • materials for their work. Major projects in this category should not be automatically exempted from the moratorium. Instead the staff would propose to provide a special review and specific recommendation to the Council if it is felt a particular major project should be implemented. 2. Mandated projects and programs Certain projects and programs may be mandated by Federal and State laws and regulations, Coastal Zone permit requirements etc. These include ADA Alterations, NPDES program elements, Ocean Front Street End improvements, and jail plumbing refurbishing. In evaluating the Capital Projects program and the moratorium it should be kept in mind that normal scheduling considerations will result in deferral of funding requirements for many projects regardless of whether or not a given project qualifies for exemption from the moratorium. In addition the staff will defer implementation of certain large projects as long as possible even though the particular project qualifies for exemption from the moratorium. A list of the Capital Projects Program is attached, with the last column showing proposed exemption category where applicable. Projects not showing an exemption category number would be subject to the freeze; in some cases an individual recommendation for exemption from the freeze may be made at a later date. It will be noted that many projects could qualify for exemption. This is so because the budget reductions have resulted in only high - priority type projects surviving the budget review process. • Some projects which could qualify for exemption are shown as "frozen" because there is not an urgent need to proceed at an early date, and the program can be reviewed when more information is available on both the • State and City budget situations. aw" F 2a Benjamin B. Nolan Public Works Director Attachment 1994195 CAPITAL IMPROVE PROJECTS, PROGRAMS, SPECIAL *DIES, AND CONTRACT MAINT. I. GENERAL FUND, 010 1994 -95 Exemption Capital Project or Program Amount I Category HARBOR AND TIDELANDS, 7011 Projects: 1) Coast of California Study 30,000 2,3 2) Upper Newport Bay In -Bay Sediment Control and Restoration Project 100,000 3 3) Upper Newport Bay Feasibility Study 37,500 3 4) Balboa Pier Handrailing Replacement 90,000 Subtotal = 257,500 Programs: 5) Upper Newport Bay Sediment Monitoring 15,000 2,3 6) Upper Newport Bay /San Diego Creek Sediment Control Program 15,000 2,3 7) Newport and Balboa Pier Inspection /Repair Program 50,000 4 Subtotal = 80,000 Harbor and Tidelands Total = 337,500 B. DRAINAGE,7012 Projects: 1) Kings Road/ Pacific Coast Highway /Dover Drive Storm Drain 112,000 2) Tustin Avenue Storm Drain 440,400 (a) 3) Bayside Drive Storm Drain Replacement 60,000 Subtotal = 612,400 Programs: 4) Storm Drain Improvement Program 100,000 5) National Pollutant Discharge Elimination System (NPDES) Permit 75,000 Subtotal = 175,000 Drainage Total = 787,400 (a) Additional funding in the amount of $110,100 is anticipated from the State /Local Transportation Partnership Program (SLTPP). This funding is shown in the Cooperative Projects section and not included in the Drainage total. EXEMPTION CATEGORY LEGEND: • 1. Safety 2. Under Way or Committed 3. Grant or Cooperative 4. Maintenance S. Mandated Part. - Partial Exemption only Delay - Actual expenditure will be delayed Page 1 1994/95 CAPITAL IMPROVE16T PROJECTS, PROGRAMS, SPECIAL &DIES, AND CONTRACT MAINT. I. GENERAL FUND, 010, Cont. 1994 -95 Exemption Capital Project or Program Amount I Category C. STREETS, 7013 Projects: 1) Riverside Avenue and Cliff Drive Rehabilitation 392,400 (b) 2) Vista del Oro Pedestrian Underpass Railing Repairs 25,000 3) Dahlia Avenue Street End Slope Repair Adjacent to Fernleaf Ave Ramp 200,000 1,2 Delay Subtotal = 617,400 Programs: 4) Ocean Front Street End Improvement Program 100,000 (c) 5 5) Street, Alley and Bikeway Resurfacing & Reconstruction Progam - GS 140,000 4 Part. 6) Sidewalk, Curb and Gutter Replacement Program - GS 260,000 4 Part. 7) Street, Alley and Bikeway Resurfacing & Reconstruction Program - PW 300,000 8) Street, Alley, and Bikeway Slurry Program 75,000 9) Street, Bikeway,and Parking Lot Striping & Pavement Marking Program 75,000 1,4 Part. 10) Sidewalk, Curb and Gutter Replacement Program - PW 100,000 11) Channelization and Traffic Control Safety Improvements Construction 10,000 1 Subtotal = 1,060,000 Streets Total= 1,677,400 (b) Additional funding in the amount of $98,100 is anticipated from the State/ Local Transportation Program (SLTPP). This funding is shown in the Cooperative Projects section and not included in the Streets total. (c) Funded from Encroachment Revenues EXEMPTION CATEGORY LEGEND: 1. Safety 2. Under Way or Committed 3. Grant or Cooperative 4. Maintenance 5. Mandated Part. - Partial Exemption only Delay - Actual expenditure will be delayed Page 2 • • is 1994/95 CAPITAL IMPROVEST PROJECTS, PROGRAMS, SPECIALOUDIES, AND CONTRACT MAINT. I. GENERAL FUND, 010, Cont. 1994 -95 Exemption Capital Project or Program Amount I Category D. MISCELLANEOUS AND STUDIES, 7014 • Projects: 1) Aerial Photography of City 2) Police Station Electrical Improvements 3) Police Station Air Duct Cleaning 4) Jail Plumbing Refurbishing 5) Police Department Computer Upgrade Project, Phase 1 6) City Facilities Maintenance Improvements 7) City -wide Area Network (WAN) 8) Police Facility Refurbishing, Security System, and Re- keying 9) City Hall Improvements 10) Corporation Yard Improvements 11) Structural ADA Alterations Programs: 12) Street Light Conversion Program 13) Geographic Information System (GIS) 1014) Parking Meter Replacement Program 15) Bicycle Trails Program 16) Street Light Replacement Program 17) Pay Telephone Conversion Program 18) Curb Access Ramps Construction Program E. PARK & RECREATION, 7015 Projects: ME 30,000 1,4 30,000 1,4 8,000 5,4 200,000 1,2 delay 100,000 4 Part. 90,000 50,000 4 Part. 30,000 4 Part. 30,000 4 Part. 250,000 5 Subtotal 50,000 275,000 57,000 15,000 250,000 15,000 20,000 Subtotal 682,000 Miscellaneous and Studies Total = 1,530,000 1) Corona del Mar Lookout Point Stairway Replacement 2) Bonita Creek Park Improvements 3) Hoag Linear Park Development EXEMPTION CATEGORY LEGEND: 1. Safety 2. Under Way or Committed 3. Grant or Cooperative 4. Maintenance 5. Mandated Part. - Partial Exemption only Delay - Actual expenditure will be delayed Page 3 9,350 5,000 10,000 Subtotal 24,350 1994/95 CAPITAL IMPROVEIST PROJECTS, PROGRAMS, SPECIAL &DIES, AND CONTRACT MAINT. 1. GENERAL FUND, 010, Cont. 1994 -95 Exemption Capital Project or Program Amount I Category E. PARK & RECREATION, 7015 (cont'd) Programs: 4) Park Facility Improvement Program 5) Backilow Prevention Program 6) Street Tree Reforestation - Phase 1 7) Playground Equipment Replacement Program 8) Building and Athletic Field Improvement Program F. LIBRARY, 7016 Project: 1) Central Library Construction It. TIDE AND SUBMERGED LANDS FUND, 230 Project 1) Federal Beach Erosion Control Project, Stage 10 2) Newport Harbor Entrance - East Jetty Repair 3) Balboa Parking Lot Fee Equipment Replacement 4) Marine Department Facilities Improvements 5) Balboa Parking Lot Alarm System Replacement Program: 55,000 4 part. 22,000 5 20,000 1,4 part. 40,000 1 part. 40,000 4 part. Subtotal 177,000 Park & Recreation Total = 177,000 200,000 Subtotal 200,000 Library Total = GENERAL FUND TOTAL = 6) Oil Field Improvement Program 7) Swim Area Maintenance /Speed Control Buoy Replacement 8) Public Pier and Float Maintenance Program 9) Upper Newport Bay Trash Collecting Log Boom Maintenance 10) Bay and Street End Beaches Replacement Program 11) Beach Fire Ring Replacement 200,000 4,709,300 190,000 50,000 22,400 20,500 525 Subtotal 283,425 50,000 2,000 10,000 2,500 10,000 3,000 Subtotal 77,500 Tide and Submerged Lands Total= GENERAL FUND AND TIDE & SUBMERGED LANDS FUND TOTAL = EXEMPTION CATEGORY LEGEND: 1. Safety 2. Under Way or Committed 3. Grant or Cooperative 4. Maintenance 5. Mandated Part. - Partial Exemption only Delay -Actual expenditure will be delayed Page 4 360,925 5,070,225 2 3 delay 3,4 delay 4 delay 4, part. 4 1,4 part. 1 4 part. 4 4 • 0 0 0 STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, G,ro,.o, DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAk AN STREET {� c SANTA ANA, CA 92705 • Noy 0 /v£` 'FNFRq� Rt'99y November 1, 1994 iF Benjamin B. Nolan Director of Public Works City of Newport Beach 3300 Newport boulevard P.O. BOX 1768 Newport Beach Ca. 92658 -8915 Dear Mr. Nolan, Caltran's Maintenance Branch periodically inspects the curbs and sidewalks along State Highways. These inspections are documented in the form of a "Curb and Sidewalk Condition Report ". One of the conditions identified in this report is the damage caused by trees to the surrounding area. • Caltran's does the right -of -way of not normally conventional install or maintain trees within highways. Trees are usually installed by local agencies, under an encroachment permit issued by the State, with the condition that the local agency maintain the trees in perpetuity. I have attached that part of the "Curb and Sidewalk Condition Report" that makes reference to trees and the damage caused by trees within your City's limits. Please make the necessary repairs as indicated in the report. If you have any questions regarding this matter you may contact Larry Rosenthal at (714) 724 -2777. Sincerely, 4 W. T. Almany, III Chief, Maintenance Support Br. • District 12 attachment c: file David Mendoza Region 1 94 4 19 pRKS ..n...AUT RFACM, CALIF 0 0 v W W lS] u' FORMS AVC. Z ° CITY OF z COSTA z e MESA � o = m L.� VICTORIR O r U 19tH W ST. / x F- OQ r w s \ J 0 C w ST. !9T\ . y k, PROJECT LOCRTION / LIDO ISLE OCEAN PROJECT m Co. VICINITY MRP PROJECT LOCRT NOT TO SCALE CORONA DEL MAR A `t- INDICATES PROJECT LOCATION. BAY / ¢ U.C. 1. IT O vl i CITY ®IF NEWPORT LQERCW PUBLIC WORKS DEPARTMENT 1994 -95 SIDEWALK, CURB, AND GUTTER REPLACEAdENT PROGRAM L I DO ISLE S I DEMLK REPL/ACOWENT PHASE >z C -3021 FpRp � I O �V sz� S " RD.-4_ - 1 , • SHEET N0. I OF 4 DIRECTOR OF PUBLIC WORKS R.C.E. NO. 16791 'I, DATE 13 Tan 1995 > /o �Q CITY BP'sro u / OF IRVINE i / 8 BAY / ¢ U.C. 1. IT O vl i CITY ®IF NEWPORT LQERCW PUBLIC WORKS DEPARTMENT 1994 -95 SIDEWALK, CURB, AND GUTTER REPLACEAdENT PROGRAM L I DO ISLE S I DEMLK REPL/ACOWENT PHASE >z C -3021 FpRp � I O �V sz� S " RD.-4_ - 1 , • SHEET N0. I OF 4 DIRECTOR OF PUBLIC WORKS R.C.E. NO. 16791 'I, DATE 13 Tan 1995 November 14, 1994 , CITY COUNCIL AGENDA ITEM NO. T1 Qv: • BA - 12 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 1994 -95 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE II (C -3021) RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute a Cooperative Agreement with the Lido Isle Community Association 2. Approve budget amendment to increase Capital Projects, General Fund, Sidewalk, Curb and Gutter Replacement • Program (General Services) Account No. 7013 P 313 016 A expenditure appropriation by $100,000.00. DISCUSSION: During fiscal year 1993-94 the City budgeted funds for the first phase of a cooperative project to replace defective portland cement concrete (P.C.C.) improvements on Lido Isle. The project was eventually combined with the 1993 -94 Sidewalk, Curb and Gutter Replacement Program and put out to bid. The work was completed so well that the Lido Isle Community Association (LICA) has requested that the City do another cooperative project to complete the balance of the defective P.C.C. improvements on Lido Isle. LICA's share of the proposed work totals approximately $118,000. The City's share totals approximately $111,000. Unfortunately, the City has budgeted no funds for its portion of the work. Consequently, LICA has been negotiating with the General Services Department to devise a method where the work may be performed this year. As a result, LICA has made a proposal • to provide for the City's portion according to the following conditions: 1. LICA will pre -pay the beach and street end park lease through the life of the lease, the year 2000. Hence, 6 years at approximately $7,800 per year will equal $46,800. The prepayment is based on LICA's current lease payment only and will not effect future negotiations for the final five year adjustment to the lease. 2. Provide a $53,200 loan to the City for a period of two years or two budget periods, interest free, at the choice of the City. APPROVED BY CITY COUNCIL .1 . n 6111 SUBJECT: 1994 -95 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE If (C -3021) November 14, 1994 Page 2 In return, the City is.to prepare and execute a Lido Isle P.C.C. replacement contract . this winter, provide contract, engineering, and inspection services for the project, and repay the loan over a maximum period of 2 years. The City Attorney has reviewed and supports LICA's proposal. The proposed cooperative project with the LICA will be combined with the City's sidewalk, and curb and gutter replacement needs in Corona del Mar and on Balboa Island. The concrete replacement is deemed necessary to 1) eliminate improvements which have been uplifted and displaced to the extent as to constitute a hazard to the public; and 2) restore adequate drainage gradients to improvements which have been uplifted and displaced. A cooperative agreement has been prepared for execution by LICA and the City. The Association will incur the cost for special coloring and scoring of concrete, for reconstructing sidewalk owned \maintained by LICA, and for replacing panels of sidewalk area which LICA judges to be aesthetically unacceptable. Don Webb Public Works Director GW:so Attachment wwV , . �/ David E. Niede�haus General Services Director • J SEW PoRr ° CITY OF NEWPORT BEACH U \ S P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 r c9ci Fo aN� August 19 ,1993 Mr. C. Robertson 325 Via Lido Soud Newport Beach, Co. 92663 Dear Mr. Robertson The roots of the private tree in front of your property located at 325 Via Lido Soud have raised the public sidewalk causing a potentially dangerous condition and a public nuisance. Since the damage to the sidewalk was caused by the root growth of your tree you are, in accordance with Section 13.04.090 of the Newport Beach Municipal Code, required to have the sidewalk repaired. The perimeter of the area to be replaced has been marked with orange paint. Please arrange to remove the portions of the existing sidewalk which has been displaced, prune the tree roots to at least 6 inches below the new walk grade and replace the sidewalk. The use of root barriers is encouraged. This work should be completed within 90 days and done in compliance with City Public Works Standards. The City considers private trees as valuable community resources. Retention is encouraged if the tree does not present a continuing public safety hazard. A Public Works permit is required for the work, however the fee will be waived. For your convenience a permit application, and sidewalk specifications have been enclosed. The permit application must be returned to the Public Works Department. Most general contractors are capable of replacing sidewalk and they must provide Workers Compensation Insurance if required. If you have any questions regarding the sidewalk repairs, please call me at (714) 644 -3055. Sincerely, LEON HART, Field Operations Superintendent 3300 Newport Boulevard, Newport Beach Authorized to Publish Advertisements of all kindoluding public notices by Decree of the Superior Court of orange County, California. Number A•6214, September 29, 1961, and A•24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) 1 am a Citizen of the United States and a resident of the County aforesaid; I am over the age of -eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City,of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: January 26, 31, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January at Costa Mesa, California. Signature ?q a. 31 , 199 5 • be J Approved by the City Council 'h 95 23rd day 01 anuary, 199 Wanda L Ragglo, CITY Clark Prospactive bidders may obtain are se101 bid docu• ments at no cost at the of. flee of the PublIC Work. Department, 3300 Newport Boklevard, P.O. Box 1766, N port Beach, CA 92658- 8915. For further Information, calf Gilbert .Wong at (714) 644.3334 Published Newport Beach-Costa Mesa telly Pilot January 26, 31, 1995. -. __7hfie6