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HomeMy WebLinkAboutC-3034 - Bayview Way/Jamboree Road Improvements46 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 11, 1997 Gillespie Construction 245 Fischer Ave., Suite B -3 Costa Mesa, CA 92626 (714) 644 -3005 Subject: Contract No. 3034 - Bayview Way /Jamboree Road Improvements On June 23, 1997, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on July 7, 1997, Reference No. 19970320164. The Surety for the contract is United Pacific Insurance Company, and the bond number is U2735620. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTSBY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recoraea in ine county or orange, caiiforn.ia Gary L. Granville, Clerk /Recorder lilllllllli11111111i1i1111111iIIIIIIIIiIli1111111111111111 1111111 No Fee 005 18003334 189970320164 2:25pm 07/07/97 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 onstruction. Inc. as Contractor, entered into a Contract on August 12, 1996 Said Contract set forth certain improvements, as follows: �1 Bayview Way /Jamboree Road Improvements - Contract No. 3034 i Work on said Contract was completed on January 31, 1997 and was found to be acceptable on June 23, 1997 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United Pacific Insurance Co. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Newport Beach, California. City Clerk =Ti at CD m Z7 o /mom -�i ` , g= M �T o� � y k-n c tv a m MC-) 1•-1 i-J TO: C JUN 2 31997 June 23, 1997 CITY COUNCIL AGENDA ITEM NO. 9 APf'.R�VED MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: COMPLETION AND ACCEPTANCE OF BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS - CONTRACT NO. 3034 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: This contract provided for the extension of Bayview Way easterly of Jamboree Road and will provide access to the Fletcher Jones Motorcars (FJM) facility now under construction. In addition to the roadway work and signal modification, sewer and water improvements to serve FJM were also included. The contractor was Gillespie Construction Inc. of Costa Mesa, CA. Contract bid price: $459,241.00 Actual amount of bid items constructed: 434,159.61 Amount of change orders: 19.655.52 Total contract cost: $453,815.13 Eight (8) change orders were issued to complete the project. This unforeseen work included additional roadway grading, modification to a sewer manhole, the relocation and modification of traffic signal appurtenances at Jamboree Road and Bayview Drive, a bore operation for purposes of installing a water main under Jamboree Road, and a modification to the water tie -at the 10 -inch IRWD line. Due to a significant time differential in the completion dates between the roadway improvements and the off -site building improvements, as well as the desire of the on- site contractor to utilize a portion of the roadway for construction staging and storage, • certain construction items (final asphalt paving cap for 300 feet, driveway aprons serving the dealership and traffic striping) were deleted from Gillespie's contract. This r SUBJECT: COMPLETIO&D ACCEPTANCE OF BAYVIEW WAY /JAMBOE ROAD IMPROVEMENTS - CONTRACT NO. 3034 June 23, 1997 Page 2 course of action was deemed beneficial to the City and to FJM's contractor in that it • enables the City to close out the contract with Gillespie Construction, and allow the on- site contractor to continue utilizing the unfinished portion of the roadway. Completion of the unfinished portion roadway work will be accomplished in one of the following manners: 1. FJM's on -site contractor will construct the remaining items at no cost to the City under an encroachment permit to be issued by the City. The cost to construct these items is estimated to be $10,000. This course of action will require the mutual consent of the City and Fletcher Jones Motorcars. 2. The City could have the remaining items constructed under a separate contract (or work order) at its cost, since the City is responsible for construction of the street improvements, per the terms of the Development Agreement. The City and FJM will determine which of the two alternatives to pursue at a later date. Budgeted and actual construction costs, excluding the work to be performed as outlined above, are as follows: Funds in the amount of $148,280.00 were deposited with the City by FJM for the sewer and water improvements. A $7,365.55 refund to FJM is due. The Development Agreement has a provision requiring a five -year "payback" of $400,000 ($80,000 per year), from FJM to reimburse the City for the cost of street improvements. Given that the actual cost of the street improvements is less than $400,000 (see above), staff recommends that the City Council consider, at a later date, an amendment to the Development Agreement which would reduce the "payback" to an amount consistent with the actual costs. The final "payback" amount can be determined once the one of the two aforementioned alternatives is agreed to between the City and FJM. • It is recommended that the City accept the portion of work completed by Gillespie Construction as final and include the remainder of work to be performed as enumerated • Account Budget Actual Description Number Amount Cost San Diego Creek North - Contribution (Sewer & Water) 7251- C5100262 147,241.00 140,914.45 San Diego Creek North - Circulation & Transportation (Street Improvement) 7261- C5100262 352,000.00 312,900.68 TOTAL $499.241.00 $453,815.13 Funds in the amount of $148,280.00 were deposited with the City by FJM for the sewer and water improvements. A $7,365.55 refund to FJM is due. The Development Agreement has a provision requiring a five -year "payback" of $400,000 ($80,000 per year), from FJM to reimburse the City for the cost of street improvements. Given that the actual cost of the street improvements is less than $400,000 (see above), staff recommends that the City Council consider, at a later date, an amendment to the Development Agreement which would reduce the "payback" to an amount consistent with the actual costs. The final "payback" amount can be determined once the one of the two aforementioned alternatives is agreed to between the City and FJM. • It is recommended that the City accept the portion of work completed by Gillespie Construction as final and include the remainder of work to be performed as enumerated • ' SUBJECT: COMPLETI ND ACCEPTANCE OF BAYVIEW WAY /JAMIOEE ROAD IMPROVEMENTS - CONTRACT 3034 June 23, 1997 Page 3 • above and to be stipulated as a condition in the forthcoming Amendment to the Development Agreement. Public Works construction staff is monitoring the dealership site and will inspect and insure that the remaining work be performed in compliance with City standards and requirements. The scheduled completion date for the project was January 12, 1997. Due to inclement weather and time extensions granted because of IRWD requirements, the City's portion of the construction project was completed on January 31, 1997. The estimated completion date of the Fletcher Jones Motorcars Dealership is August 1997. Respectfully submitted, (;�Ja PUBLIC WORKS DEPARTMENT Don Webb, Director By Horst Hlawaty • Construction Engineer • u RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA. 92663 DATE: DECEMBER 9, 1996 RE: STOP NOTICE CONTRACTOR: GILLESPIE CONSTRUCTION 0 Copies w7w. ❑ Mayor ❑ Cwncd Member ❑ Manager F X� 7it THE UNDERSIGNED HEREBY WITHDRAWS THE STOP NOTICE DATED DECEMBER 6, 1996 , IN THE AMOUNT OF $13,627.50 FOR LABOR, SERVICES, EQUIPMENT AND /OR MATERIAL FURNISHED IN CONNECTION WITH THE ABOVE SPECIFIED CONTRACT, HEREBY RELEASES CITY OF NEWPORT BEACH, ITS OFFICERS AND AGENTS, FROM FURTHER DUTY UNDER CIVIL CODE SECTION 3186 TO WITHHOLD MONEY OR BONDS IN RESPONSE TO SUCH STOP NOTICE, AND WAIVES ANY RIGHT OF ACTION AGAINST THEM THAT MIGHT ACCRUE THEREUNDER. RECEIVED, DEC - 9 i JERRY DUNL P (OWNER) SOUTH COAST BORING P.O. BOX 5513 HUNTINGTON BEACH, CA. 92615 (714) 536 -6348 �` a\ 2i �_ ^§ 7 -q \. \ § /!: ® a� ) \ , — Gƒ ( mm Lu0�c ,& R » z - /J - )!o @ }/ ) 00 §0 � � ■ >E�y - , \ \§ \zi % _S y & » { /3i } � < FS § § iz ®— @ u C?0 {t§ . @ )4 STOP NOTICE E NOTICE TO WITHHOLD CONSTRUCTIO 16UNA � (Public or Private Works) % � oX Beach jtA!kW_ol 0*"`, public Dory or construction fund maer) 3300 Newport Blvd (Addres. II &waa i to, bank or a&vi eM ban aaan., use add,e, d bench ho10kg1uM) Newport Beach, CA 92663 (City, slate and zip) o 80000.0000 PROJECT: Bayview Way /Jamboree RDImpmvements (Name) 0. c. Map pg. 889, F -2 /Bayview Way & Jamboree Address) Newport Beach, California C'—) I,. 72114 (cky, slate and zip) TAKE NOTICE THAT SOUTH COAST BORING (Nacre of Ina person or 14m claiming the slop nolice. Licemed cunraLrtors Met use Ilw rulaw under wt" contractors licaroe Is issued) whose address is P.O. BOX 5513, HUNTINGTON BEACH, CALIFORNIA 92615 (Address of person or Iim, claiming slop nuke) has performed labor and furnished materials for a work of improvement described as follows: Bayview Way (Jamboree RD Improvements. (Name and bralion of the prolecl whore work or malerlals were fumislwd) The labor and materials furnished by claimant are of the following general kind: Horizontal Boring of 135 feet of 12 inch Steel Casing and 130 feet of 18 inch Steel Casing. (General description of work and materials furnished) The labor and materials were furnished to or for the following party: Gillespie Construction, Inc. 245 Fischer Ave., B -3, Costa Mesa, CA 92626 (Name of party who ordered the work a matedahr) The value of the whole amount of labor and materials agreed to be furnished is $ 21,525.00 (Tdd of OVen4hkrp dalrreM afireb or sordreded b fwMeh) The value of the labor and materials furnished to date is S 21,525.00 . Claimant has been paid (Tcsi value of everith" Wu,tly Iumblwd by cWknw%) the sum of $ 7,897.50 and there is due, owing, and unpaid the sum of $ 13,627.50 together (Taal amount whits has Men paid to claimant) (a.iarwe Ora to aakraM m ft prq,d) 1112 % November 30 '19 96 with interest at the rate of per month from (Inlaesl as specilla0 M mnlrad. It crone ub is 18%) You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an lien against any construction funds for this project which are in your hands. e. say: I am FIRM NAME: SOUTH COAST BORING (Name of cdaimaM -see kmtrucdons for details) Jerry dunlap (owner) (vwnar or.gM of Softllo, dalrn.nt mist elfin her, and verify below)- - VERIFICATION OWNER OF SOUTH COAST BORING ('President of'. 'Manager ol','A partner M','Oemr or,etc.) the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. 1 declare under penalty of perjury that the foregoing is true and correct. Executed on December 6 .tg 96 at HUNTINGTONBEACH California. (Dale Ilds document was signed) (Na ty where slop lies was signed) Jerry Dunlap !!dan.We kdNkualwMisawanirg ih.l IM ecnnerrlr d also n We aw) SEE REVERSE SIDE FOR COMPLETE INSTRUCTIONS 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 17, 1997 Clayton Engineering 3661 Spruce Street Newport Beach, CA 92660 Gentlemen: (714) 644_3005 Thank you for your courtesy in submitting a bid for Bayview /Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, r � r —C. ol. LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 17,1997 West Coast Construction 3030 Oak Avenue Corona, CA 91720 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for Bayview /Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 17, 1997 Excel Paving 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for Bayview /Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, r I� LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 17, 1997 Los Angeles Engineering 4134 Temple City Blvd. Rosemead, CA 91770 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for Bayview /Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 17, 1997 Griffith Company 2020 Yale Street Santa Ana, CA 92704 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for Bayview /Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 17,1997 (714) 644 -3005 Urbantec Engineers, Inc. 1835 W. Orangewood Ave., Suite 330 Orange, CA 92668 Gentlemen: Thank you for your courtesy in submitting a bid for Bay-view/Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 17,1997 Sully Miller Contracting Co. 1100 E. Orangethorpe Ave., Ste. 200 Anaheim, CA 92801 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for Bayview /Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach • • 0 w BY THE CITY COUNCIL CITY OF NEWPORT BEACH A1G 12 . August 12, 1996 CITY COUNCIL AGENDA ITEM NO. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS (SAN DIEGO CREEK NORTH) CONTRACT NO. 3034 RECOMMENDATIONS: Accept the bids received and award Contract No. 3034 to the low bidder, Gillespie Construction Inc. for the contract price of $459,241.00 and authorize a budget amendment in the amount of $13,407.00 for the Circulation & Transportation Fund and $58,734.00 for the Contributions Fund. DISCUSSION: On July 29, 1996, the City Clerk publicly opened and read aloud the following bids for this project: Ranking Bidder Total Price Bid Low Gillespie Construction Inc $459,241.00 (1) 2 Clayton Engineering, Inc $493,432.00 3 West Coast Construction $536,230.00 4 Urbantec Engineering Inc $537,395.00 (2) 5 Los Angeles Engineering $549,870.00 6 Sully - Miller Contracting Co. $558,445.03 7 Griffith Company $567,828.00 8 Excel Paving Company $585,736.00 (3) (1) Corrected figure. An amount of $458,645.00 was read. (2) Corrected figure. An amount of $532,270.00 was read. (3) Corrected figure. An amount of $572,830.40 was read. The Engineer's estimate was $485,000.00. Gillespie Construction is a well - qualified contractor with a great deal of experience performing construction projects similar in scope and magnitude to this one. They are currently doing the 15th Street Rehabilitation project between Old Newport Boulevard and Irvine Avenue for the City and just recently completed the Corona del Mar Water and Alley Replacement project. Staff, therefore, recommends award of Contract No. 3034 to Gillespie Construction, Inc. 0 • SUBJECT: BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS (SAN DIEGO CREEK NORTH) CONTRACT NO. 3034 August 12, 1996 Page 2 Construction of this project is a cooperative effort between the City of Newport Beach and Fletcher Jones Motorcars (FJM). The extension of Bayview Way easterly of Jamboree Road will provide access to Mr. Jones' new Mercedes Benz dealership, currently under construction and scheduled to open in the Spring of 1997. Under the terms of the Development Agreement, the City is responsible for the cost of street and traffic signal improvements and FJM is responsible for the cost of sanitary sewer and domestic water improvements. The development agreement with Fletcher Jones provides for the City's Circulation and Transportation Fund to be reimbursed for the construction costs of Bayview Way over the next five (5) years. The agreement provides for reimbursement at $80,000.00 per year for five (5) years at a total cost of $400,000.00. A breakdown of Gillespie's bid for these items follows: Street Improvements (City) $324,441.00 Sewer and Water Improvement (FJM) $134,800.00 Consequently, FJM will deposit an amount of $148,280.00 with the City to cover the price bid for sewer and water plus a 10% contingency. Any unused portion of this deposit will be returned to FJM. The 1996 -1997 Capital Improvement Program includes a total budgeted amount of $450,000.00 for this project as follows: Funding Source Account No. Amoun Contributions 7251- C5100262 $ 89,546.00 Circulation and Transportation 7261- C5100262 $360,454.00 In addition to the contract price, Staff is recommending a 10% contingency amount of $45,900.00, $10,000.00 for geotechnical and materials testing, $3,000.00 for extended landscape maintenance, and $4,000.00 for project management. The slope on the southerly side of Bayview Way is being landscaped with natural vegetation compatible with the landscaping in the adjacent San Diego Creek Salt Water Marsh, currently under construction by the San Joaquin Hills Transportation Corridor. The extended maintenance is intended to provide landscape maintenance until the end of the current fiscal year. An overall summary follows: Construction $ 459,241.00 10% contingency $ 45,900.00 Geotechnical & materials testing $ 10,000.00 Extended Landscape Maintenance $ 3,000.00 Project Management $ 4.000.00 Total $ 522,141.00 11 0 0 0 SUBJECT: August 12, 1996 Page 3 • BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS (SAN DIEGO CREEK NORTH) CONTRACT NO. 3034 A revised project budget is as follows: Funding Source Contributions Circ. & Trans. Total Account No. 7251- C5100262 7261- C5100262 Approved Budget $89,546.00 $360.454.00 $450,000.00 0 Budget Amendment $58,734.00 $13.407.00 $72,141.00. Total Budget $148,280.00 $373.861.00 $522,141.00 Therefore, Staff recommends award of the contract to Gillespie Construction, Inc. for $459,241.00 and the approval of a Budget Amendment to the Circulation and Transportation Fund in the amount of $13,407.00 and to the Contributions Fund in the amount of $58,734.00. When final costs for the road construction are known at the end of the project, the City Council will be asked to consider a reduction in the $400,000.00 figure to reflect the actual cost of construction. Attached is a copy of the letter sent to Fletcher Jones concerning this project. Respectfully submitted, M PUBL ORT EPARTMENT Don Webb Director By t/ k '1e Emmet Berkery Project Consultant L c' \11FO July 31, 1996 Mr. Fletcher Jones, Jr. President Fletcher Jones Motorcars 1301 Quail Street Newport Beach, CA 92660 11 CITY OF NEWPORT BEACH (714) f344 -3000 SUBJECT: FLETCHER JONES MOTORCARS BAYVIEW WAY IMPROVEMENTS Dear Ted: On July 29th the City Clerk opened bids for the construction of street and utility • improvements for Bayview Way adjacent to your new dealership. A total of eight bids were received, ranging from a low bid of $459,241.00 to a high bid of $572,830.40. Our engineer's estimate was $485,000.00. A bid summary and a copy of the low bid are enclosed for your reference. The low bidder, Gillespie Construction, is a qualified contractor who has successfully completed several public works contracts for the City. It is anticipated that the City Council will award the contract to Gillespie Construction at the August 12th Council meeting. Under the terms of the Development Agreement, the City is responsible for the cost of street improvements and Fletcher Jones Motorcars is responsible for the cost of sewer and water improvements. A breakdown of Gillespie's bid is: Street Improvements $324,441.00 Sewer and Water Improvements $134,800.00 I believe these numbers compare favorably to the estimate in Emmet Berkery's letter to you of July 1, 1996. Therefore, on behalf of the City I would like to request that Fletcher Jones Motorcars provide the City with a check in the amount of $148,280.00 ( Gillespie's bid for water and sewer plus a 10% contingency). At the conclusion of construction, any unused portion of this amount will be returned to Fletcher Jones Motorcars. Please have the check sent to my office and I will make sure it is credited to the proper account. E City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884 �r 0 • Mr. Fletcher Jones, Jr. July 31, 1996 Page 2 It In follow up to our conversation this week on the higher than expected costs for your fee from the Transportation Corridor Agency, I agreed to take to the City Council a modification to our agreement that would reduce your reimbursement obligation to the City. You'll note that City staff estimated the road project at $340,000 in 1995, while bids were received at $324,441. Once the project is complete and all costs are known, 1 will take our agreement to the City Council and reduce the five (5) payments of $80,000 down to a level of actual costs we incur. This may require Irvine Company approval as well. The Public Works Department informs me that work should begin shortly after Labor Day, and should be totally complete by early December. The contract specifications do require the contractor to install the water and sewer facilities and the first layer of asphalt pavement within the first 30 days of the contract. We will also work to make sure the City's contractor coordinates his work with your contractor, so that both contracts can proceed in an efficient manner. . On behalf of the City, I would like to say it is exciting to see the project under construction, and I would also like to say how much my staff and I have enjoyed working with you. I look forward to your grand opening next spring. In the meantime, please do not hesitate to call on me or any City staff member for assistance. Sincerely, Key in J. Murphy City klanayer KJM:kI cc: Emmet Berkery Jim Harris (HPK) Bill Patapoff (CNB) Archie Stone (FJM) Don Webb (CNB) L] NO. BA- 005 BUDGET AMENDMENT 0 1996 -97 AMOUNT: $72,141.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balan Increase Budget Appropriations ND X Decrease in Budgetary Fund Balan Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance reserves EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $13,407 to the Circulation and Transportation Fund and $58,734 to the Contributions Fund for the award and execution of Contract No. 3034 to Gillespie Construction Inc.(total contract price of $459,241). The contract is for Bayview Way /Jamboree Road Improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Contributions Fund 250 3605 Circul. & Trans. Fun 260 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Fund Balance Control Description Signed: Signed: Approval: Finance Director City Manager City Council Approval: City Clerk Amount Debit Credit $58,734.00 $13,407.00 Automatic $58,734.00 $13,407.00 Z'&' -96 Date IF4 /c6 Date Date r1 �J Description Division Number 7251 Contribution Account Number C51000262 San Diego Creek North Division Number 7261 Transportation and Circulation Account Number C5100262 San Diego Creek North Division Number Account Number Project Number Signed: Signed: Approval: Finance Director City Manager City Council Approval: City Clerk Amount Debit Credit $58,734.00 $13,407.00 Automatic $58,734.00 $13,407.00 Z'&' -96 Date IF4 /c6 Date Date r1 �J n I►J n U TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BAYVIEW WAY EXTENSION CONTRACT NO. 3034 RECOMMENDATION: June 24, 1996 CITY COUNCIL AGENDA ITEM NO. 4 THE JUN 2 4 1. Approve the plans and specifications for construction of Bayview Way Extension street and utility improvements. 2. Authorize the City Clerk to advertise for bids for the construction of the project. DISCUSSION: The extension of Bayview Way street and utility improvements approximately 600 feet easterly of Jamboree Road is a cooperative project between the City of Newport Beach and Fletcher Jones Motorcars. Per the terms of previous Memoranda of Understanding and the Development Agreement between the two parties, the City is responsible for the cost of street improvements and Fletcher Jones Motorcars is responsible for the cost of the domestic water and sanitary sewer facilities being constructed in conjunction with street improvements. The bid opening is scheduled to occur on July 29 with an anticipated City Council award on August 12. Construction would probably begin early in September and be complete by the end of November. Fletcher Jones Motorcars expects to begin construction of its new dealership at Jamboree and Bayview in June or July. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By Ca�v . aja"'� . Emmet Berkery Project Consultant GRADING PERMIT BOND KNOW ALL MEN BY THESE PRESENTS • BOND NO: 24002733 PREMIUM: $100.00 That we, HCI /Hinnewinkel Construction, Inc. of Costa Mesa California as principal and Liberty Mutual Insurance Company a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact business in the State of California as surety, are held and firmly bound unto City of Newport Beach as Obligee, in the sum of Seven Thousand Five Hundred and no /100 DOLLARS ($ 7,500.00 ) lawful money of the United States, for the payment which well and truly to be made we bind ourselves, jointly and severally by these presents. Signed, sealed and dated this 18th dayof July 1996. WHEREAS, an application by the above named principal, has been made to the City of Newport Beach Building Department for the issuance, to said principal, of a permit to perform excavation or fill work or both within the City of Newport Beach more specifically described in the application for Grading Permit upon a location know as 3300 Jamboree Road, Newport Beach, CA in accordance with the provisions of Chapter 15.60 of the Building Code, and WHEREAS, , Building Code, Chapter 15.60 requires as a condition precedent to the issuance of said permit that the principal shall furnish a bond in the amount named above to the City of Newport Beach conditionedas hereinafter set forth: NOW, THEREFORE (1) If the principal shall well and truly comply with all the applicable requirements of the Building Code, Chapter 15.60, sections .010 through .070 and (2) If all of the work required to be done complies with all of the terms and conditions of the permit for excavation or fill or both to the satisfaction of the Building Official and is completed within the time limit specified in the Grading Permit, then this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the principal and surety caused this bond to be executed the day and year first written. Principal 11�%'A1�Difn11\ ction, Inc. Insurance Company 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 18, 1996 before me, Sheila K. McDonald Notary Public Date Notary personally appeared James W. Moilanen Name of Signer(s) ® personally ]mown to me - OR - ❑ "...Ft_ SHEILA K MC DONALD Ir N COMM. #1090412 $ o NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY N MY COMMISSION EXPIRES MARCH 15. 2000 proved to me an the basis of satisfactory evidence to be the person(s) whose the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 ia- 111A &a & Signature of Notary Tbwm+dm du. bdl u net mgwW by W. it mar F. valuable m;, a . rttymm m tk do.w+ma rA mold pews @r.dulm'oo.d. ddu. f— CAPACITY CLAIMED BY SIGNER ❑ INMrVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLES(S) ❑ PARTNER(S) ❑ tAU= ❑ GENERAL ® ATTORNEY -IN-FACT ❑ TRUSTEEM ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMTIY(IES) DESCRIPTION OF ATTACHED DOCUMENT m . • �� . .. �fi I.Lat7WA*l DATE OF DOCVAGENT SIGNER(S) OTHER THAN NAMED ABOVE THIS POWER OF ATTORNEY IS NOT VJW UNLESS IT IS PRINTED ON RED BACKG19ND. 087996 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESEtNyTSa:: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts mutual insurance companyl,�HAEL tD PARIiIfVOhorRitygT Lhg Bv.tgq�l-3rrld Attt�Ori�ation heSrse[ fQii h,Sdpas 1LSrebyAuaple, constitute and appoint, MM UBER i M M tVU7, .1 M M GA r JAMS W MOIL rJety, MARGARETA T. HIERL, JANINA BEAUDRY, JUDITH K. CUNNINGHAM, MECHELLE HUA, ALL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA ........................................ ............................... ............................................................................ ............................... .......................................................................... ......................... ...... ............................................................................ ............................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its b half 1 Sur ty r1d a& I t $Arl gg�d,�yy Aq�l���l��l r�gy��l��rlgs, bonds, recog s .Qt4PZ.WI;ety obligations in the penal sum not exceeding S VEN Y -tglV� MfLLIUIV"' DOLLARS ($� , ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company, When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21 st day of April ­19 95 - LIBERTY MUTUAL INSURANCE COMPANY ' (,/, C.e.. -vJ By l�iare.r� Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 21st day of April , A.D. 1995 , before me, a Notary Public, personally came the individual, known to me to be the therein described4glividual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed t112 Barrie andingl the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signature Sd6 , edb17D thet%o.was duly affixed and subscribed to the said instrument by authority and direction of the said company. . IN TESTIMONY WHEREOF. I haleunlip set my hand and affix my official seal at Plymou Meet ing,�, the ay first above written. Notary Public - CERTIFICATE I, the undersigned. Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy. Is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 18tth day of July '19 96 . : .. � 2retary ' Assistant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER _, June 30 ­19 97 CALIFORNIA ALL- PURPOSVACKNOWLEDGMENT State of California County of On July 24 1996 before me, Mary L. Martin, Notary Public Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public') personally appeared Ilse Foster------------------------------------------------- Name(s) of Slgoer(s) Cxpersonally known to me - 0fFx4X;zmxxd=xna>mmi4ra to be the person 4 whose name(is) is /am subscribed to the within instrument and acknowledged to me that Milshe/ttaeyt executed the same in3his /her /their authorized capacity**, and that by izis /her /their signature(sd on the instrument the person(s), or the entity upon behalf of which the persons) acted, Mpayt Mq executed the instrument. COTmhSOni10646� Notary =I CaY1dNo WITNESS my hand and official seal. Orange Canty My Comm. Expires Sep 2, IM 19.h�a_ �l hotx Signat0e Of Nalary PubIC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grading Permit Bond Document Date: July 18, 1996 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Q Corporate Officer ❑ Corporate Officer Title(s): Secretary- Treasurer Title(s): -- Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited C General Attorney -in -Fact ❑ Attorney -in -Fact C Trustee ❑ Trustee Guardian or Conservator ❑Guardian or Conservator ffiffimm I_ Other: Top of thumb here ❑ Other. Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association • 8236 Remmet Ave.. P.O. Box 7169 • Canoga Park, CA 91309 -7184 Prod, No. 5907 Peculiar: Call Tall -Free 1- 800 - 876 -6827 U 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 February 20, 1997 Gillespie Construction, Inc. 245 Fischer Ave., Suite B -3 Costa Mesa, CA 92626 Gentlemen: (714) 644 -3005 C - ' 34-i Thank you for your courtesy in submitting a bid for Bayview /Jamboree Road Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach /- CMY am n- :i E Seated b?,da may be received atofte gf tlxCify C�k, -tTVt WOO Nex�pcs�t Boulevard, P. O. Box_174 Newport Beach, CA 92659-.768 ungl 2:00 P M; on -the 29th. day of My 419%. ' _G 1:17M at which time such bids will be opened and read for:.. GILLESPIE ` . 'fSNSTRUCi1QN:INC. BA- .VIEW -.W fAMBUT I€ AI7 Titleof Project 30� ContractNo. $ 485A00.00 Engineer's Fsl mate Prospective bidders_mayobta n one set of bid documents at no,cost at-the office-of f the _Public W©rlm Departmerit,.3300 Newport B9 llevard, Necapart cly :ZA 9265917IS& For further, information, please contact. . — Etnrnet.B�- at (714)-6734446 Project Manager i 0 PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS CONTRACT NO. 3034 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. 3034 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 STREET IMPROVEMENTS 1. 65 Construct 1 1/2 -inch AC Overlay TONS @ Fifty -Five Dollars and No Per Ton 55.00 $ 3,575.00 0 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. 2,400 Sawcut and Remove Existing S.F. AC Pavement @ Two Dollars and No Cen s $ 2.00 $ 4,800.00 Per Square Foot 3. 1 Cold Plane Existing Pavement L.S. Six Thousand Six Hundred @ Dollars and No 6,600.00 Cents $ Per Lump Sum 4. 1,800 Construct AC Pavement TONS @ Twenty -Nine Dollars and No Cen s $ 29.00 $ 52,200.00 Per Ton 5. 2,050 Install Untreated Base TONS @ Nine Dollars and No Cents $ 9.00 $ 18,450.00 Per Ton 6. 1,380 Construct Type "A" P.C.C. L.F. Curb and Gutter (8 -inch CF) @ Ten Dollars and No Cents $ 10.00 $ 13,800.00 Per Linear Foot 0 0 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7. 660 Construct Type "B" P.C.C. L.F. Curb and Gutter (8 -inch CF) Eight Dollars and No Cents $ 8.00 $ 5,280.00 Per Linear Foot 8. 900 Remove Existing Curb and Gutter L. F. @ Three Dollars and No Cents $ 3.00 $ 2,700.00 Per Linear Foot 9. 1 Construct Curb Inlet Type OS per EACH STD 306 -L with Local Depression Three Thousand Three Hundred @ Dollars and No Cents $ 3,300.00 $ 3,300.00 Per Each 10. 2 Construct Curb Inlet Type OL per EACH STD 306 -L with Local Depression. Remove Existing 24 -inch RCP between Catch Basin Walls and Join Same @ Ten Thousand Eight Dollars Hundred and No Cents $10,800.00 $ 21,600.00 Per Each Ll 0 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 1 Install Street Barricade per STD 900 -L EACH One Thousand Eight Hundred @ Dollars and No Cents $ 1,800.00 $ 1,800.00 Per Each 12. 20,500 Construct Sidewalk per STD 180 -L S. F. @ One Dollars and Fifty Cents Per Square Foot 13. 1 Adjust Utility Covers to Finished Surface L.S. Four Thousand @ Dollars and No Cents Per Lump Sum 14. 1 Remove Existing Drain Inlets and L.S. Storm Drain (18 -inch RCP and 6 -inch. ACP) Pipe and Install Plug Pipes @ Seven Hundred Dollars and No Cents Per Lump Sum 1.50 $ 30,750.00 $ 4,000.00 700.00 N PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 1 Remove Existing Median, Trees L.S. and Irrigation System, etc. Three Thousand Seven Hundred @ Dollars and No Cents Per Lump Sum 16. 2,400 Construct Decorative Concrete Paving S.F. @ Four Dollars and No Cents $_ Per Square Foot 17. 1 Remove Existing Catch Basin and L.S. Connector Pipe and Plug Pipe @ Seven Hundred Dollars and No Cents 18. 2 EACH Per Lump Sum Construct Survey Monument per STD 116 -L Six Hundred Forty Eight Dollars and No Cents Per Each 4.00 $ 3,700.00 $ 9,600.00 $ 700.00 $ 648.00 $1, 29'6.00 PR 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 1 Mobilization L.S. @ Twenty Thousand Dollars and No Cents $ 20,000.00 Per Lump Sum 20. 1 Traffic Control L.S. Five Thousand Five Hundred @ Dollars and No Cents $ 5,500.00 Per Lump Sum 21. 1 Construct Traffic Signal and L.S. Safety Lighting Modification Sixty -Nine Thousand Seven Hundred @ Dollars and No Cents $ 69,700.00 Per Lump Sum 22. 1 Construct Signing and Striping L.S. Six Thousand One Hundred @ Dollars and No Cents $ 6,100.00 Per Lump Sum 23. 1 Construct Street Lighting L.S. @ Seventeen Thousand Dollars and No Cents $17,000.00 Per Lump Sum 0 PR 1.7 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 21 Install 15 Gallon Trees w /Backfill Mix EACH @ One Hundred Forty Dollars and No Cents $_ Per Each 25. 14,500 Install Hydro Seed Mix S.F. @ No Dollars and Thirty Cents Per Square Foot 26. 1 Install Complete Irrigation System L. S. @ Nine Thousand Dollars and No Cents Per Lump Sum 27. 1 Roadway Grading L.S. @ Five Thousand Dollars and No Cents Per Lump Sum 140.00 $ 2,940.00 30 $ 4,350.00 9,000.00 5,000.00 SUBTOTAL STREET IMPROVEMENTS $324,791.00$324,.791•.00 E 0 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE SEWER IMPROVEMENTS 28. 1 Install 135 L.F. of 12" Steel Casing L.S. With 6" PVC Carrier Pipe by Bore and Jack Method Sixteen Thousand Seven Hundred @ Dollars and No Cents $ 16,700:00 Per Lump Sum 29. 660 Install 6" PVC Sewer Force Main L.F. (West of Jamboree) @ Thirty -Four Dollars and No Cents $ 34.00 $ 22,440.00 Per Linear Foot 30. 618 Install 6" PVC Sewer Force Main L.F. (East of Jamboree) @ Thirty Four Dollars and No Cents s 34.00 $ 21,012.00 Per Linear Foot 31. 34 Install 6" PVC Gravity Sewer L.F. @ Sixty -Two Dollars and No Cen s s 62.00 $ 2,108.00 Per Linear Foot PR 1.9 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 32. 1 Install Drop Manhole EACH Two Thousand Six Hundred @ Dollars and No Cents $ 2,600.00 $ 2,600.00 Per Each 33. 1 Construction Connection to L.S. Existing Manhole One Thousand Six Hundred @ Dollars and No Cents $ 1,600.00 Per Lump Sum SUBTOTAL SEWER IMPROVEMENTS Water Improvements 34. 1 Install 130 L.F. of 18" Steel Casing L.S. with 10" PVC Carrier Pipe by Bore and Jack Method @ Eighteen Thousand Dollars and No Cents Per Lump Sum 35. 596 Install 10 -inch PVC Water Line L. F. @ Forty Dollars and No Cents Per Linear Foot $ 66,460.00 $ 66,460.00 18,000.00 40.00 $23,840.00 PR 1.10 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 36. 2 Install Fire Hydrant Assembly EACH Two Thousand Six Hundred @ Dollars and No Cents $ 2,600.00 $___5,200.00 Per Each 37. 2 Install 2" Service & 2" Water Meter Box EACH One Thousand One Hundred @ Dollars and No Cents $ 1,100.00 $ 2,200.00 Per Each 38. 1 Install 1" Reduced Pressure Each Backflow Assembly Two Thousand Two Hundred @ Dollars and No Cents $ 2,200.00 $ 2,200.00 Per Each 39. 1 Install 1" Service & 1" Water Meter Box EACH One Thousand Nine Hundred @ Dollars and No Cents $ 1,900.00 $ 1,900.00 Per Each 40. 1 Install Blowoff Assembly EACH Per IRWD Std. W -3 @ Two Thousand Dollars Seven Hundred and No Cents $ 2,700.00 $ 2,700.00 Per Each 0 0 PR 1.11 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 41. 1 Install Connection to Existing Water Main L.S. Seven Thousand Five Hundred @ Dollars and No Cents $ 7,500.00 Per Lump Sum 42. 1 Install Blowoff Assemply per L.S. IRWD Std. W -22 Four Thousand Eight Hundred @ Dollars and No Cents $ 4,800.00 Per Lump Sum SUBTOTAL WATER IMPROVEMENTS $68,340.00 g 68,340.00 Four Hundred Fifty -Eight Thousand Six Hundred Forty -Five Dollars 459,591.00 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) 7 -24 -96 Gillespie Construction Inc Date Bidder 714 - 957 -0233 s /Floyd Bennett, Secretary /Treasurer Bidder's Telephone No. Authorized SignatureMtle 447025, A 245 Fischer Avenue, B -3, Costa Mesa, CA 92626 Bidder's License Bidder's Address No. & Classification Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 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 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a 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 Contractor's License No. & Classification Gillespie Construction Inc Bidder 7 -24 -96 Date 5/91 s /Floyd Bennett, Secretary /Treasurer Authorized Signature /Title 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1 Subcontract Work Landscape Subcontractor Buena Vista Address Placentia 2 CT & F Electric Bell Gardens 3 Survey J L Survey San Juan Capistrano q Concrete, Curb & Gutter Jezowski Santa Ana 5. Striping 0 C Striping Santa Ana 6. Structures Bob Wetzel Santa Ana 7, Boring South Coast Boring Huntington Beach 8. 9. 10. 11. 12. Gillespie Construction Inc Bidder 5/91 s /Floyd Bennett, Secretary /Treasurer Authorized Signature /Title _1 RECEIVED J U L 2 5 1996 Page 4 GILLESPIE BOND CONSTRUCTION, INC. KNOW ALL MEN BY THESE PRESENTS, N That we, GILLESPIE CONSTRUCTION, INC. as bidder, and UNITED PACIFIC INSURANCE OMP NY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMT BID. Dollars ($ 104 OF BID ) , lawful money of the United states or 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 BAYVIEW WAY /JAMBOREE RD. IMPROVEMENTS (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 24th day of JULY , 1496. GILLESPIE CONSTRUCTION, INC. Bidder 5/91 A j` �.. ►. Aaturle By: MIkCHAEL D. STONG ATTORNEY -IN -FACT COMPANY - .... GALIFC7: MIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 7 a6 -9ti before me, Margaret Mary Ford, Notary Date Name wW Title of Olrim (e g..'Ja Oae, Notary Public) personally appeared Floyd Bennett Name(e) of Sip ar(e) 1� personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), OFFICIAL SEAL or the entity upon behalf of which the person(s) acted, MARGARET MARYFORD NOTARY PUEI UC•CAUFORNIA % executed the instrument. & COMMISSION k 978374 ORANGE COUNTY WITNESS m ` My Comm. Exp. Nov. 22, 1996 y hand and official seal. Sigmium of Notary Public OPTIO AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Floyd Bennett ❑ Individual CK Corporate Officer Title(s): Secretary /Treasurer ❑ Partner — ❑Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator , ❑ Other: Top of thumb here Signer Is Representing: GILLESPIE CONSTRUCTION INC. Signer's Name: ❑ ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: (uGtrT7RUwePAfrri �� ? OFSIGNER = "i LN I STATE OF COUNTY OF CALIFORNIA RIVERSIDE I Ss. 0 On –7—ay-14� , before me, ROSEMARY STANDLEY PERSONALLY MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL ROSEMARY STANDLEY COMM. #1090462 - w NOTMY PUOMC • CRLW0RNIF 2 , RNERSIOE COUNTY mk0"ME mJurT.EWO This areafor Oficial Notarial Seal 'Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENmY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE State of County of 0 NON - COLLUSION AFFIDAVIT California ) ,.� ss. J 0 Page 5 P �J bei first duly sworn, deposes a d says at he or she is of the party making the foregoing/bid; that the bid i 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. Subscribed and sworn to before me this � 7.A 19Z. 7P1*W-J12/JM 7�V Not Public / O/ My mmis ission Expires: 5191 of CT///U [SEAL] CALf€-or rf Af_f.- PURPOSr tcrKCiferi.IwDc -rAEmT State of California County of Orange 0 On / -2c —F before me, Margaret Mary Ford, Notary Data Name eM Tiae of Oftku r (e.g., 'Jane Doe. Notary Po is ) personally appeared Floyd Bennett Naree(e) of $i9r1e1(6) Ig personally known to me — OR —❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), re'.. OFFICIAL SEAL or the entity upon behalf of which the person(s) acted, MARGARET MARY FORD executed the instrument. NOTARY PUBLIC- CALIFORNIA m 3 COMMISSION N 978374 4 eF ORANGECOUNTY WITNESS my hand and official seal. MY Comm. EV. Nov. 22. 1996 ls;2 $ignaNre of Notary PuEtic OPTION Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached /Document / Title or Type of Document: /)Un— ylly lr Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: F ❑ Individual IX Corporate Officer Title(s): Secretary /Treasurer • Partner —❑ Limited ❑ General • Attomey -in -Fact ❑ Trustee • Guardian or Conservator • Other; Top of thumb here Signer Is Representing: GILLESPIE CONSTRUCTION INC. Number of Pages: Signer's Name: • Individual • Corporate Officer Title(s): I Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT.iHUMBPRINT CIFSIGNER 0 0 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number PLEASE SEE ATTACHED JOB LIST Gillespie Construction Inc Bidder 5/91 s /Floyd Bennett, Secretary /Treasurer Authorized Signature /Title A�- -7 20TICE 2UCL'*SjMj B The following- contract documents shall -am and del iw r ng- 4-m to. the tngineek, within ten (10) days nit inaiwar Saturday, Sunday and Federal mWoli daps) . Xf-t -r 1.3!7k-- dabs- -of 'Im Uq Notice- of Award to the successful- laidder: PAYM ENT .) M-.(-Page 8) FAITUFUL- PERFOMOYCE BOND (Page 9) CERTIFT001,03F INSURANCE 1(p"e. 10) GENERALAitABILITY INSURANCE-:BN PORSE�SENT - (fags . 130 AUT614641 rE MIABILITY INSUPLANCE EMMUMMM . (Page WOWMFW�Jl QMFMSATION INSURANCE CURTIFLUATION (Faga The City. of .-Now -will not- -subatitutt-1.6itmat _p.ort Beach -will not permit & — for these cdnf-r-&t documents. Bidders are advised-to revfeottheir content with bonding insuring -.and legal agents prior to. submission of bid. Payment.-and. faithful performance. bonds-sha-11 bw iwisued by in_. insurance organizatiqn or surety :(1) currently-. ized. by Insurance Commissioner to transact business ..6f fiisi3rance in the- State of Cal a, and (2) listed as : -an.acoaptAb"Iaurety- in t-beF latest revisi*jf:of the Federal Ragister Circular - Insurance-c.ompanies affording- coverage shall be (1) currently-. authorized: 'by. the, :Insurance Comm siotex to: f Is r insurance in the State Of daiif. Prni a an4 (2). Polic)�holdetii-$. Rating- A (or higW) and Financial. Site Corti �.* Class VIII (qrJaiger) in accordance with..th:* la%&&t edition . 667.� 0f Best's -Xev.Aft1h-d- guide: Pro Lt. Cd"raq". shall be except as the The Wbrkerwl Compensation Insurance. Certification. be executed and "Ilvered to the Engineer. along with ft. certif; ---- to- Of 'insurance. for.-varkors' compensation prior to City's executibb of the Contradtw-- n I :�.4 d • • Page a EXECUTED IN FOUR COUNTERPARTS BOND NUMBER U2735620 PAYMENT BOND PREMIUM INCLUDED IN 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 August 12, 1996 has awarded to Gillespie Construction, Inc. hereinafter designated as the "Principal ", a contract for Bayview way /Jamboree Road Im rovements (Contract No. 3034 ) in the c ty of Newport Beach, in strict conformity with the ­Drawings and specifications and other contract documents in the office of the City clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 3034 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, Gillespie Construction, Inc. as Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, p(are }h1�(eld firmly bound unto the City of Newport Beach, in the sum of Rifltint'i5`VIU4 FTY -14INE THOUSAND FI%llars ($459,591.00 ) , said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On AUG 161996 , before me, PERSONALLY APPEARED SUSAN C. MONTEON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ROSEMARY STANDLEY OPTIONAL ROSEMARY STANDLEY ¢ • m COKIM. #1090462 ¢ w NOTARY PUBLIC - CALIFORNIA b RIVERSIDE COUNTY My Comm E*44 Jw 7.2M This areafor Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) M TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE m -osl Pev.e /94 ALL- PURPOSE ACKNOWLEDGEMENT J • F Page SA The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of AUGUST , 1996. Gillespie Construction, Inc. Name of Contractor (Principal) UNITED PACIFIC INSURANCE COMPANY Name of Surety Auth razed Agent ignature r MICHAEL D. STONG, ATTORNEY -IN -FACT 505 N. BRAND BLVD., STE. 770, GLENDALE, CA (818) 240 -6960 Address of Surety 91209 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5191 CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT • State of California County of Orange On e -(Q0 �� before me, Margaret Mary Ford Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public ") personally appeared Terry D. Gillespie Name(s) of Signer(s) IN personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), & OFFtC1AL SEAL t or the entity upon behalf of which the person(s) acted, MARGARET MARY FORD executed the instrument. !YI yy NOTARY PUBLIC- CALIFORNIA COMMISSION ft 97 ?374 roMIN" WITNESS my hand and official seal. Signature of Notary Public OPTION L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: . _ (7 A qlLLffj Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Terry D. Gilles ■ G� Individual Corporate Officer Title(s): Preside Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: GILLESPIE CONSTRUCTION, RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER RELIANCE SURETY COMPANY INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws,of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the taws of the State of Wisconsin (herein collectively called "the Companies') and that the Companies by virtue of signature and seats do hereby make, constitute and appoint Susan C. Montego, of Riverside, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in -fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VR - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President. the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vke President or other officer designated by the Board of Dkwtws chap have power and authority to Ia) appoint AttameylsHn -Fact and to authorize them to execute on behalf of the Company, bands and undertakings, re mfinizances. contracts of Inch meaty ant other writings obligatory in the nature thereof, and IN to remove any such AttorneylsHr,Fact a my limo and revoke the power and authority given to then. 2. Attorney(s)in-Fact shell have power and Summty, subject to the terms and limitations of the Power of Attorney issued to then. to execute dealer m bearer of the Company, betas and undertakings, recogniaances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate Seal is not nwassiry for the validly of soy bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. 3. AhorwYls- in,Fact shall have power and authority to execute affidavits required to he attached to bonds, recogNZeMes, congests of Indemnity or other conditions or abggadry undertakings and they shall also have power and authority to unity the financial statement of the Company and to copies of the By -Laws of the Company or any anfde at section thereof. This Power of Attorney is Signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Commltess of the Swards of Directors of Rogers, insurance COmpmy, United Pacific Ir"amce Company load Rellancs Nallonq Indemnity Ccanum, by Unanimous Conant dated p of Fefauary, 26, 1994 ms by era Execuo a and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Covent dated es of Mach 31, 1994. -Reel that the signatures of Such directors and offices and the sea of the Company may be affixed to any such Power of Attonwy or my confifu es restkg [hints by facsimae.and any Such Power of Attorney or unifkate bowing such facsimile sgwtures or facsimile seal shall be valid and binding upon the Company and my such Power so executed and certified by facsimile signatures end facsimile seal shall ba valid and binding upon the Company, In the future with respect to any bond o undartallg to which it Is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19, 1996. a�♦ erg s ; �te4ttr, Ore ..,,•� STATE OF Washington } COUNTY OF King j as. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. ,.Oxu-ftt� In witness whereof, I hereunto set my hand and official seal. Notaril, Public in and for the State of Washi ton Residing at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. /'�� �� �,,J�- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ,06 day ofal 11(/�t+'t 19% Assistant Secretary f Ors �s..if 'etiswt �NN Ax BOND NUMBER U27356200. 0 EXECUTED IN FOUR COUNTERPARTS Page 9 PREMIUM:$7,894.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 12, 1996 has awarded to Gillespie Construction, Inc. hereinafter designated as the "Principal ", a contract for Bayview Way /Jamboree Road Im rovements (Contract No. 3034) in the C ty 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. 3034 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, Gillespie Construction, Inc. _ as Principal, and UNITED ACIFIC INSURANCE C014 ANY as Surety, are held firm l Vbound unto the City of Newport Beach, in the sum of �iPPH RNBUY4I6 NINE THOUSAND FIVE Dollars ($459,591.00 ), said sum being equal to 100% of the - estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and. meaning, and shall indemnify and save harmless the city of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any vise affect its 5/91 STATE OF CALIFORNIA COUNTYOF RIVERSIDE On AUG 161996 before me, _ PERSONALLY APPEARED SUSAN C. MONTEON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. ROSEMARY STANDLEY OPTIONAL ROSEMARYSTANDLEY COMM. 41090462 ¢ NOTARY PUBLIC - CALIFORNIA m RIVERSIDE COUNTY MY Cantu, Eq*" Jur 7.1000 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuabie to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY((ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE iD -nai Rc�.6 /9J ALL - PURPOSE ACKNOWLEDGEMENT 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 16th day of AUGUST 19 96. Gillespie Construction, Inc. Name of Contractor (Principal) UNITED PACIFIC INSURANCE COMPANY Name of Surety 505 N. BRAND BLVD., STE 770, GLENDALE, CA Address of Surety (818) 240 -6960 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5191 Pnf ACT CALIFORNIA ALL- PURPOPACKNOWLEDGMENT • State of California County of Orange On U o —FV before me, Margaret Mary Ford Date Name arc! Ttle of Officer Ie.g.,'Jane Doe. Notary Public) personally appeared Terry D, Gillespie Name(s) of Signens) lQ personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), OFFICIAL SEAL or the entity upon behalf of which the person(s) acted, MARGARET MARY FORD , 7 �'^ NOTARY PUBLIC-CALIFORNIA m executed the instrument. COMMISSION k 973974 lj ORANGE COI:NTv WITNESS my hand and official seal. Signature of Notary Public OPTIO Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) f� Signer's Name: Terry D. Gillespie ❑ Individual IN Corporate Officer Title(s): President Partner —❑ Limited []General Attorney -in -Fact Trustee Guardian or Conservator Other: I Signer Is Representing: GILLESPIE CONSTRUCTION Signer's Name: i Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNEfl i= 7 r-1 -URTIFICATE OF INSU RAN CE� D. Seltzer Insurance Services MONA COMPANY A E. Chapman. Ave yz Sufte:—J07 Chapman. LhT= Natima). QRwlsl gF n e' Wage, CA 9L26-69 -C -�Y goal C j *ftbe-, Construct LUMrANY D U5 y" CA 92626 LETTER COMPANY E LETTER C 00 it TO CIM71FY THAT POKES OF *MUW,#M LISTED BELOW HAVE OPEN *SUED ED TO TFM!NSURED4 -OADOWWOW Q= MWM- t#AWA'MD- NOMTHSTANDNG ANY OJT. YEW OR CONDMONOF BE 0SUE0,09 MAN'PIEFITAIN THE INSURANCE APFQROED BY YFM !TSVA.fiXeLt&ZW,ANDCONDnIONS-DFV"P6LICIES AND ISNO.T AMENDED; EXTENQWDRACTEMbgyTNRewNW44TV. OD 15�1?E.GF MukANCE POLICY NUMBER: EFFECTIVE DATE, EXPIRATION- DATE ALLumrftj . mwouso . bs. GENERAL LIABILITY (OCOURENCESAStSONLY) GEN&IIAL, AWMATE ODO 000 PPODUCTSICOMPLI11M OPER&T%NSkGdfCMTE: 2V Goo A.00. NSiVE iOWNERS & CONTRACTORS "A$OoqAL K-JAY -000, 00.0 A. PROTECTIVE CLS27004 04/01106 04/01197. -CONTRACTUAL FOR SPECIFIC -CONTRACT PRODUCTSXOMPLETED OPERAR ON EACHOCCURENCE I- -oQo, ow XCV HAZARDS F1 RE DAMAGE S, 50,000 7.:: BROAD FORM PROPERTY DAMAGE OF INTEREST SEVERABILITY 9LAV§E (ANYONE PIRE) PA. WITH EMPLOYEE EXCLUSION Mfotm EXPOGILS s 5, GIDO % REMOVED -:MARN.E (ANY ONE PEFISON) AUTOMOBILELtABILITY COMIDWIFID AWAUTO BODLYWAM $ ALL OWNED AUTOS . (PEAPER8614) SCH913ULED_AUTQS BODILY HUM - HIRED AUTOS . :,MS270604 04/01/96 04*/01/97 (PER Accowry NON-OWNED AUTOS 05URAGE LIABILITY PROPERTY DAMAM -EXCESS LIABILITY 0 LVIENCE UMBRELLA FORM OTHER THAN UMBRELLA FORM WATURM S WORKERS' COMPENSATION S-1.000.000: 000CION)w & 016001*011:10y LIMIT EMPLMPS'L'IABIO TY V"$I110457 09/61190­69/0/97 S' 1015011fiSfA011041OVEE OTHER OzECRIPTtONDFQ.PERATK)NSA4rA ESTRICTIONSISPECkk ITEMS AWOPlIRATIONS PeA%0ftWfMR1W&ty-0E- NEWPORT BEACH 9Y OR ON K+ALF'OF THE NAMED INSURED IN CONNECTION WI*, 43UT NOT L9A-rTE0rTO.THtFCk1bW&*aW%kGT. B.ayvie%4 Kay/jamboree Road Improvements Contract No.. 3014 PROJECT TITLE ANDCONTRACT NUMBER 'flFICATEHOLDEW: CANCELLATION AWI'11ONALLY INStM M- SHOULDANY OF THE ABOVE DESCRIBED POLICIES-BE b9K4UENeVVM CANDELLED OR -;rry COVEPA69REOUMI>K-F"ETKEEMMrON-DATE-r"E=WANYAr-FOMW ".BOX 1769 COVERAdE SHALL PROVIDE31) DNMUMNIUM ADVANCE NOTICE T6 THEbITYOF 3I" IEWPORT BOULf VARD -19 NEWPORT BEACH BY FWdT CLASS 658-"15 !9ft- josh% s Page_ 11 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the-.policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with - respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision- of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2.. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim. is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or.hold haridless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion. hazard, collapse hazard and underground property hazard (commonly referred to as 11XCU" hazards) are deleted. 5. The limits of liability. under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: 5191 (io Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). x The limits of 1101ility as stated -'this endorsG�t -shall = not increase the total liah ty of the copy ' aiFfo€d ng`` " - csverage_for all _ damages 4LS - the. - re.sai_ t . a! OW oacWenee -- %n exceed of. the limits of lift stated in the .g#i3#_ s - applicAbLe to-General Liability Zrssur -Ance - - 6. Should the policy be non - renewed, canoel,ed'or cpV=4' race.d befora . eitpiration date - 'thereof; .the coAg.tile y shall L provide 30- days' ".advance notice to the C ty.of.�ewpd}t -8eaeh by reg3stered'mail, Attention. Public Wores-Depart*i*t. 7. Eesigr3a£ed.Centract: Bayview- Way /Jimboree_Road inprb Prdiect Title and Contra - �-7 `•; 1. With respect to. such insurance-,.; for Automobile Liabilitk-A the 0=7 otficera and-sciployees are &OWX--- respect----th _11Abdlity for mar tehatwe. or-.- use of auto dames: mobil, behalf- Of the mazed insured- in. i _=.d esiqnated below. The insur'an-m t o - 0 j additional insured 1 property dama4a -arising. out..bf _:_� I :!h : -0 __ _AA 4 ICE. re%J151- n- W name or rented by an additional insl additional insured. The -. nsilk-ai insured.( . 6) . shall apply as -prim insurance aaittiined by ths.Cit called ugoi to. contribute -with Policy. AfforO" by. the poi fey of Newport Sq.UCk, . its- insurodz,.but with 49 out of the - Ownaftjr emnip, W. autos WQt b _V -Or- -on stun sif-ft. -064tract ided by U%U- endaAbSOnt, y or y or or (2) leased oz (34 -operated by an - insurance end -no- oVier r, NOWshat rt Beach shat I be iurart ... .proy ed by..this 2.. The policy includes the fP11ow ing' *0/fA Gnt WThe.. insurance af f orded.by- the volicy:Appf_ias_ separately to each :iftSureds 6 As seakin As coverage .or-. against. why. ..a cla1id- -made or s it e=qPi-: -wwv 6t to us: ul it brought, limits,. of llaibiiity of -the company-affor4ing- cover-age." 3.. The _limits- of liability: under -this...-: rsanent for the a h i�� --of ti is endo .additional. insureds named in ParagrAp. shall be I r, e it Multiple Limits -- tbje 1-imits indicdtadl�be oV for or Single Limit: multiple limits Bodily Injury Liability $ per. Person Bcxlily. Injury Liability per aztent Property Damage Liability (x) -Combined Single Limit Bodily injury Liability Property. Damage Liability 4A The lizits% of liability As stated in this -eniore eat= .shall not increase the: total liability of the cob- _MPAIM.- pany-a �.. . coverage -..for all damages: as the result of` any ona-. Accident or occurrence in excess of the 11 1 . of liability stated in-the policy imits. -ppU cable to kutdbobilie°Liablllty ZrAW=Ce�f - 51" LIZ 4. shou7,d = he ._POliGy;t non cQrcarltQ$ reditoed' :•�, _before the: expiration date Hof, the Z ag =F- small z`= rovide: 3E?; -...:. , advance notice ta: the Zits 'of ° ... $+ch by` register iT', Attention: _ . Public woAs flapair =nt. r` S. Designated.contract: Bay Aew 3dgy /7 osee R"d lWpvem4atc Pra ect Title :a 3034 k _ 'rffis- endcirse3dent is::::effective_ 8/_2$_/.4b and dorms ;g part of .Pa3icy No.. of: eta s:::3= cm:.a;o- =ca.�o pahy 'Affording Coverage): IF- - :F_ Insured: 6iLiasp #4 £Destruction, inc: Endorsemen -:Wo: :: _M = a -3 r. --- ------- ww C _MSATION olm -700 Cade.:, am .:aware of the.- provisions: of. SectiollL .3 Of th* which require every employer to, bmi- insur-Aid:- AqaiA.wt liability -Ibr workers;: cbAp&abat*- on- .*r to undakta" self iTizaZIMCO An arcordwace. with- the. provl*-J-6ris of th at amide, Viand Y MLE h --f ha wivislons; bafarq:; commencing the - performance-.7:* t rAlark Of thi s ­:_... coft racL Bayvi ew Way/jamba .. . T�S.,A&REffiHE f; metered #A `�.o i. •.... 1'Ry of ... , by and -between the CITY �Or R M e and .tai3eapia Construction ��: , narter � � Y . To�'nq fa -fts: 'C+�ntZactor,�a made M reYerence to' A. Joity has heretofore .advertised :for bids for thiV f i l ng desor4eti_pnblic work: Bayv _;, Way / Jamboree - Ada -__,. _.-__�1eiaesits 3034 Title :of -;Pro ect rao .. B: Contraetor.has been determined by. -City to -be the lowest resgonsi hle- bidder osi said pu)il — vibrk; snd eord:ractor's bid,:..and the compensation - set .. _forth in this cohtr im is. based upon a. careful : examination of all gins and specifications, by Contractor _ NOW, THEREFORE, the parties hereto agree as tally s . .. 1. Contractor shall furnish _ all mater als acid performs all of the w.otK I- r the construction -of the4 -0 - :.owing descriiked public. work: BayV_t Way /J:amboree'Roa#'3m ovements 3034 Tit an ' a tdf' -'PM ect Ctraet Na. which. project is- .more. fully described.in th4`.,:cantract documents. -.Contractor shall perform and., .compiete__..this.. k in a -stood and _wdrkmanlike -manner, and in - accordance: with..- all- of the: contract documents. 2. As full compensation ;for .the;peT.foreance turd completion of - -this work- as gres abed'- boos, City shall npgy._to 11 .. -- ^ - -�_ -_ ��- -- -- � «� 7Y ..r....•.�t: (a) Any loss or damage -arising frdm the natare.'of. `€%e work b loss or ari_. Pros unfor"taM. f ) Any damage s €nq-' a�€j- ciiffidiulties or obstructions in the per3�aY7earte4 _of the work, (c) A.ny expense incurred as a x4sUlt-;.-dU any suspensfon or discontinuanci :df the work; but excludes any loss., resulti-nq. Eros e&rthgMa es of._ -a.- ,.0 magnitude in excess of 3:5 on- the - Richter -Scale any -t dkel . waves, and.. which loss or ; expense .amours prior = - -to acceptance of the work by City. Aft- -A ;_ate, 3. All nf..the respectivii r- ght€' bliga£'ia ss=: dfFpity and Contractor are set fertW -ln ca tract doc± The .contract documents are_ incorporated bwreim_:�; woerence as though set out in full and include ths`fc : ai Notice Inviting. Bids (.b) Itsstructions to Bidders and docaidants .rsfererwed therein Cc)__ Payment .Bond (d):: .mithful Perforimanoe Bond (.e) Certificate of Insurance nd S (f) Plans and Speci$i Provisions for. ew Ja 3ree Road rovemehts TTt1 of Pra ect CIO {g) This= -- Contract (h) Standard Specifications of Construction (current Edition) and. all__ st*Psunts 4. Contractor shall assume the defense;_o; payl:eenses -; . - of - i efense. and hold harmless,. - C#t jc' -a].ad its -Pfficers, employees and representatives from al}:,_claims, :-loss or damage, injury and liability . of.. every -kind, nature and description by reason of or arising `out.jot the be glijMnt. or: tirillful . conduct of the Contractor:T;5 /her: sI0 3ees, _. agents.; and subcontractors . in -the pejfdr mance ._ Qg. _ the ,except such loss or ;damage _caumwd lir,_bg active-;negligence of City or Its aMb4rs,_em�layees end representatives. IN WITNESS WHEREOF, the 'parties hereto have .caused `this . contract to b4 - executed the day and year firs€ vrittei,= above. CITY OF .PiE#F8 RT BIICCif. A Municipal :Corpokat on By: Mayor ATTEST: CITY CLERK JIM WL ,one ;-v - CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT • State of California County of Or On��C� — /f� before me, Margaret Mary Ford, Notary Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Publfu ) personally appeared Floyd Bennett Names) of Signer(s) 1� personally known to me - OR - C1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that heishe /they executed the same in his/her/their authorized capacity(ies), and that by OFFICIAL SEAL his/her/their signature(s) on the instrument the person(s), MARGARET MARY FORD or the entity upon behalf of which the person(s) acted, r, NOTARY PUBUC- CALFORNIA 1O 8 COMMISSION p978374 `- executed the instrument. ORANGE COUNTY My Comm. Exp. Nov. 22. 1998 WITNESS my hand and official seal. A S9 ^emre of No m OPTION Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L1J / /lam Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: F ❑ Individual 11 Corporate Officer Title(s): Secretary/lreisurpr ❑ Partner — ❑ Limited fl General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb hefe Signer Is Representing: GILLESPIE CONSTRUCTION INC. Number of Pages: Signer's Name: ❑ Individual fl Corporate Officer Title(s): fl ❑ ❑ ❑ ❑ Partner — fl Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMOPRIM OF SIGNER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS CONTRACT NO. 3034 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. Scope of Work 1 II. Contractor's Licenses and Additional Insureds 2 III. Completion of Work and Liquidated Damages 2 IV. Cooperation with Other Construction Contracts 3 V. Hours of Work 4 VI. Construction Schedule and Commencement of Work 4 VII. Payment 4 VIII. Traffic Control 5 IX. Insurance 5 X. Construction Water 5 XI. Construction Survey Staking and Existing Monumentation 6 XII. Existing Improvements 6 XIII. Construction Yard 6 XIV. Solid Waste Disposal 6 XV. Protection of Utilities 6 XVI. Surface and Groundwater Control 7 XVI I. Testing 7 XVIII. As -Built Prints 7 XIX. Guarantee 7 XX. Excavation /Shoring 7 XXI. Construction Details 8 A. Removals 8 B. Storm Drain 11 C. Concrete Curb and Gutter 12 D. Concrete Sidewalks, Access Ramps, & Decorative Paving 13 E. Roadway Grading 13 F. Subgrade Preparation 14 G. Untreated Base 15 H. Asphalt Concrete Pavement 15 I. Cold Planing 16 J. Utility Adjustment 17 K. Traffic Striping and Pavement Markings 17 L. Installation and Relocation of Traffic Signs 18 M. Street Lighting 19 N. Traffic Signal and Safety Lighting Modification 19 O. Maintaining Existing & Temporary Signal Service 22 P. Removing, Reinstalling or Salvaging Signal Equipment 23 Q. Landscape and Irrigation 23 R. Survey Monumentation 23 S. Sewer Force Main 24 T. Domestic Water Main 24 U. Final Cleanup 25 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • SP 1 of 25 BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS CONTRACT NO. 3034 SPECIAL PROVISIONS I. SCOPE OF WORK The work to be done under this contract consists of constructing street improvements and modifications including new pavement, curb and gutter, curb, access ramps, sidewalk, landscaping and irrigation, applying striping and pavement markings, traffic signal modifications, street lighting improvements, sewer force main, water line, and performing incidental items of work as necessary to complete the project in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 Edition; (4) the California Department of Transportation Standard Specifications, 1992 Edition; (5) the Standard Specifications for Public Works Construction, 1994 Edition, including Supplements; and (6) Irvine Ranch Water District Procedural Guidelines and General Design Requirements and Construction Manual, latest editions. Copies of the Standard Special Provisions and Standard Drawings may be purchased from the City's Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034; telephone (310) 202 -7775. Copies of the Irvine Ranch Water District's Procedural Guidelines and General Design Requirements and Construction Manual may be purchased from the Irvine Ranch Water District, 15600 Sand Canyon Avenue, Irvine, CA 92618. Also noted for reference are the plans "Preliminary Grading and Erosion Control Plan (2 sheets), San Diego Creek - North Site, by ASL Consulting Engineers, dated January 17, 1996, the Precise Grading, Paving, and Drainage Plan for Fletcher Jones Motorcars, dated March 19, 1996, by K.W. Lawler and Associates, and the San Diego Creek Salt Water Marsh plans, dated October 18, 1995, by Van Dell and Associates, et. al. A copy of each of these plans is available for review at the Public Works Department in the Newport Beach City Hall. • • SP 2 of 25 Also noted for reference is the Preliminary Geotechnical Report for Rough Grading of the San Diego Creek North Site, dated May 5, 1995, by Pacific Soils Engineering, Inc., which contains soil boring logs in the vicinity of the project. A copy of this report is available for review at the Public Works Department. II. CONTRACTOR'S LICENSES AND ADDITIONAL INSUREDS At the time of bid opening and until completion of work, the Contractor shall possess a General Engineering Contractor "A" license. At the start of work and until completion, the Contractor shall possess a Business License and Encroachment Permit issued by the City of Newport Beach. The Encroachment Permit is a no fee permit The Contractor shall specifically name the City of Newport Beach, the San Joaquin Hills Transportation Corridor Agency, and Fletcher Jones Motorcars, as additional insureds on all insurance policies related to the performance of this contract. III. COMPLETION OF WORK AND LIQUIDATED DAMAGES The Contractor shall complete all field work under this contract within 120 consecutive calendar days from the date of contract execution by the City. The Contractor shall ensure that all materials are available prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time of completion. The Contractor's schedule shall allow 5 working days for the installation of a new gas line in Bayview Way easterly of Jamboree Road by the Southern California Gas Company. The Contractor is advised to coordinate its construction activities with the Southern California Gas Company (Attention: Mike Fitzgerald at 714/432 -6038) so as to cause no undue delays to this contract. Notwithstanding the above, within 10 consecutive calendar days from the issuance of a Notice to Proceed, the Contractor shall commence and complete within thirty (30) working days the following items of work: (1) Installation of sanitary sewer force main and appurtenant work including connection to the existing sewer system and complete trench repavement. (2) Installation of domestic water main and appurtenant work including connection to the existing system, complete repavement of the receiving pit, and all testing and disinfection. (3) Construction of the following improvements within Bayview Way: a. Installation of new gas main by Southern California Gas Company • • SP 3 of 25 b. Fine grading C. Curb and gutter d. Catch basins, including connections to existing storm drain pipe e. Untreated base f. 3 -1/2 inch asphalt concrete base course g. Street light conduits with pull wire and pull boxes The Contractor is advised the City wishes to minimize disruption to traffic on Jamboree Road. Therefore, the Contractor may begin work within Jamboree Road at any time during the contract period, but once begun, all work within Jamboree Road, including traffic signal modifications, shall be completed within thirty (30) working days. This provision shall not apply to the following items: (1) Sewer force mains (2) Domestic water main (3) Sidewalk on Jamboree Road (4) New traffic signal pole foundations Failure to comply with this special provision shall be cause for the assessment of liquidated damages as specified elsewhere in these contract documents. For each consecutive calendar day in excess of the time specified above for completion of all work on the project, as adjusted in accordance with Subsection 6.6 of the Standard Specifications, the Contractor shall pay to the City or have withheld from monies due the Contractor, the sum of $500.00 in lieu of the $250.00 specified in the Standard Specifications. IV. COOPERATION WITH OTHER CONSTRUCTION CONTRACTS The Contractor is advised that construction of the San Joaquin Hills Transportation Corridor (State Route 73) is (and will be) on going during the period of this construction contract. The Contractor is required to coordinate its construction activities with the SR -73 construction contractor (California Corridor Constructions [CCC], Box 5478, 3158 1/2 University Drive, Irvine, CA, Attention: Frank Whittaker at (714) 854 -8066) so as to cause no undue delay to the SR -73 contract. The Contractor is also advised that CCC has been using the graded section of Bayview Way for ingress and egress, and Contractor shall take appropriate measures to provide continued ingress and egress to CCC. The Contractor is further advised that construction of the new Fletcher Jones Motor Cars (FJM) automobile dealership at 3300 Jamboree Road (northeast corner of Jamboree and Bayview) will also be on -going during the period of this contract. The Contractor is required to coordinate its construction activities with the FJM contractor and provide reasonable access therefor. The FJM contractor will be required, as a condition of its permit(s) to conduct its operations in a similar fashion with respect to the Contractor's operations. • • SP 4 of 25 Full compensation for coordinating and cooperating with CCC and the FJM contractor shall be included in the contract price paid and no additional compensation will be allowed. V. HOURS OF WORK Hours of work shall be 7:00 a.m. - 6:30 p.m. on weekdays, 8:00 a.m. - 6:00 p.m. on Saturdays (with prior approval from City Engineer), and at no time Sundays or holidays. VI. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The Contractor's schedule of work shall define specific chronological relationships of all activities within each phase of work, in addition to the requirements of the schedule of work (construction schedule) specified in Section 6 -1 of the Standard Specifications. The Contractor shall not begin any work until a schedule of work has been submitted to and approved by the Engineer. If requested by the Engineer during construction, the Contractor shall update and resubmit the schedule of work as needed to reflect changes in work progress. VII. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal, such as protecting property corners, sawcutting, removal, disposal, tack coat, compaction, street sweeping, preparing subgrade, etc., shall be included in the unit prices for related items of work. Attention is directed to Subsection 9 -3, "Payment," of the Standard Specifications, and these Special Provisions. For the purpose of making partial payments pursuant to Subsection 9 -3.2, "Partial and Final Payment," of the Standard Specifications, the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be recognized for progress payment purposes: Mobilization Roadway Grading $20,000.00 $5,000.00 After acceptance of the contract pursuant to Subsection 6 -8, "Completion and 0 • SP 5 of 25 Acceptance," of the Standard Specifications, the amount, if any, payable for these contract items in excess of the maximum values hereinabove listed, will be included in the first payment made after filing a Notice of Completion. VIII. TRAFFIC CONTROL The contractor shall submit traffic control plans to the Engineer which conform with provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH), 1990 Edition. The Traffic Control Plans shall provide a minimum of two travel lanes each direction in Jamboree Road at all times. Traffic Control Plans shall be submitted to the City for review within a minimum of ten (10) calendar days after execution of the contract by the City. Work shall not commence until said plans have been approved by the City. The plans shall be prepared and sealed by a Traffic Engineer registered by the State of California. IX. INSURANCE The Contractor shall execute the attached Certification for Workers Compensation Insurance. Bid and contract bonds will be required and the Contractor shall provide insurance as required in Sections 7 -3 and 7 -4 of the Standard Specifications. The City of Newport Beach will not permit a substitute format for the attached Certificate of Insurance and Endorsements Bidders are advised to review their content with insuring and legal agents prior to submission of bid. INSURANCE COMPANIES shall be (1) licensed to conduct business in California and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Rating Guide: Property - Casualty. No work shall be performed until fully executed insurance documents have been submitted to and approved by the City of Newport Beach. X. CONSTRUCTION WATER The Contractor shall make his own provisions for obtaining and applying for water necessary to perform his work. If the contractor desires to use available City water, it shall be his responsibility to make arrangements for the water by contacting the City's Utility Division at 714/644 -3011. 0 • SP 6 of 25 XI. CONSTRUCTION SURVEY STAKING AND EXISTING MONUMENTATION Field survey for control of construction shall be provided by the Contractor. The Contractor shall make every effort to not disturb property corners or survey monuments. If a corner or monument is obliterated or inadvertently disturbed by the Contractor in accomplishing the work, the Contractor shall replace and record said corner or monument at his sole expense in accordance with State AB 1414. XII. EXISTING IMPROVEMENTS The contractor shall maintain a photographic record of preconstruction conditions of public and private improvements adjacent to and within the work area. Existing improvements that are unduly disturbed or damaged by the Contractor shall be replaced in kind to preconstruction condition or better at the Contractor's sole expense. XIII. CONSTRUCTION YARD No construction yard will be provided by the City for the Contractor's use. The Contractor is responsible for providing for storage of equipment and materials at the Contractor's expense. XIV. SOLID WASTE DISPOSAL Unless specified elsewhere in this contract, all non - reinforced portland cement concrete and asphaltic concrete waste generated from the job site 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. XV. PROTECTION OF UTILITIES Known utilities are indicated on the plans. Prior to performing construction work, the Contractor shall notify Underground Service Alert and shall request each utility company to locate their facilities. The Contractor shall protect in place and be responsible for, at his own expense, any damages to the utilities encountered during construction of the items shown on the plans. There shall be no additional compensation for identification, location, or protection of utilities shown on the plans, marked in the field, or evident from conditions in the field. The Contractor shall protect all existing utilities from damage, whether they are shown or not. The existing utilities are to remain in place and be protected against damage during construction operation. The Contractor shall not interrupt E 0 SP 7 of 25 existing utility services, except when authorized in writing by the Engineer. XVI. SURFACE AND GROUNDWATER CONTROL Groundwater may be encountered within the project area. The Contractor will be responsible for providing, installing, maintaining, and operating a dewatering system in the project area as needed. Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the storm drain system. XVII. TESTING The City shall direct and pay for the testing of all subgrade, compaction, asphalt, slurry, and concrete. The Contractor shall notify the City a minimum of two (2) working days in advance of any required materials testing. XVIII. AS -BUILT PRINTS The Contractor is required to submit to the Engineer "As- Built" prints prior to the City accepting the installation. The prints shall indicate, in red, all deviations from the contract Plans. XIX. GUARANTEE The Contractor shall guarantee the entire work construction by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that become evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these specifications, any part of the work which during the one (1) year period is found to be deficient with respect to any provisions of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. The Contractor shall guarantee for a period of at least one year, after acceptance of the work by the City Council, all materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the Contractor's expense. XX. EXCAVATION /SHORING The Contractor shall prepare in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench • • SP 8 of 25 or trenches 5 -feet or more in depth. The plan shall be prepared by a registered civil or structural engineer licensed in the State of California. As part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CALOSHA Construction Safety Orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders. Nothing contained in this article shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping or other provisions which are adequate for worker protection. The Contractor shall defend, indemnify and hold the client and ASL Consulting Engineers, its employees, officers, or agents, harmless against any and all claims by any parties arising from, or related to, any and all damages, including legal costs and attorney's fees, resulting from interference with, interruption of, damage to, or any and all injuries which result from damage caused to subsurface installation as defined in Government Code §4216.10), which is unforeseen and despite engineer's effort during the design process was not located, excepting only the gross negligence or willful misconduct of engineer in providing its services. XXI. CONSTRUCTION DETAILS A. Removals 1. Existing Pavement Existing P.C.C. /A.C. improvements shall be sawcut a minimum of two (2) inches deep prior to removal. Removal using equipment such as hard -blow pavement breakers and /or stompers shall not be permitted. Full compensation for sawcutting shall be included in the contract unit prices for removal items and no additional compensation shall be made therefor. 2. Existing Storm Drain Catch basins and storm drain pipe shall be removed in their entirety and backfilled with "Selected Material" as specified in Section 300 -2.7 of the Standard Specifications, compacted to a minimum 90 percent compaction. Pipe ends shall be sealed with a brick and mortar bulkhead. 3. Existing Street Trees and Landscaping Existing trees shall be removed per locations shown on the plans. • • SP 9 of 25 The Contractor shall exercise extra care to prevent danger to traffic or damage to existing improvements during tree removal operation. The removal shall include removal of tree roots. All existing turf in the median island shall be removed to minimum depth of 2 inches below existing ground. An approved herbicide shall be applied to all areas where landscaping is to be removed, prior to placement of decorative concrete. 4. Existing Irrigation System All irrigation piping and related materials removed for relocation of the median island shall be sealed at the ends and disconnected so as to maintain the operation and integrity of the system to remain. Payment for these irrigation repairs shall be included in the various items of work and no additional compensation will be allowed therefor. 5. Existing Raised Pavement Markers (RPM'S) RPM's to be removed are designated on the plans. Any damage to the pavement surface resulting from the removal of markers shall be repaired to the satisfaction of the City. Full compensation for removing and disposing of pavement markers shall be considered as included in the contract price for signing and striping, and no separate payment will be made therefor. 6. Existing Traffic Stripes and Pavement Legends Traffic stripes and pavement legends to be removed are designated on the plans. All paint line removal shall be done by wet sandblasting or water blasting technique, meeting the requirements and restrictions of the State Air Pollution Control agency and SCAQMD. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue, including dust, shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum • • SP 10 of 25 attachment operating concurrently with the blast cleaning operation. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7 -10.4, "Public Safety," of the Standard Specifications. Full compensation for removing traffic stripes and pavement markings shall be considered as included in the contract unit price for signing and striping. 7. Existing Street Signs Signs which are to be relocated shall be installed and set in the ground to their previous heights. All posts shall be set plumb and signs firmly attached. Backfill for removal excavations of sign post footings shall be "Selected Material" as specified in Section 300 -2.7 of the Standard Specifications, compacted in layers to 90 percent relative compaction, using manual or mechanical tamping devices. Where sign post footings are removed, the resulting hole shall be filled to the proposed finish grade of the adjacent area. Signs, shown on plans to be reused in the work, that are damaged as a result of the Contractor's operations, shall be repaired by the Contractor at his expense, to the satisfaction of the City. 8. Unstable Subgrade The contractor shall remove any unstable subgrade encountered during the prosecution of the work. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the Engineer. Contractor shall replace removed unsuitable subgrade with native material that will densify to 95 percent minimum relative compaction. If after the Contractor has employed labor and material in a good faith effort, the native material will not be densified to 95 percent, the Engineer will either 1) pay the Contractor $20 per ton to overexcavate and replace the native soil with another material that will density to 95 percent, or 2) relax the requirement for 95 percent minimum relative compaction of subgrade. 9. Unsalvageable Materials • SP 11 of 25 Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense. Payment for providing disposal shall be included in the unit price for the related item of work. B. Storm Drain 1. Reinforced Concrete Pipe Reinforced concrete pipe and fittings shall conform to Subsection 201 -2, "Reinforced Concrete Pipe," and Subsection 306 -1, "Open Trench Operations," of the Standard Specifications, these Special Provisions, and as directed by the City. Reinforced concrete pipe shall be of the size and D -load as shown on the Plans. Installation of RCP, bedding, backfill and compaction shall conform to Section 306, "Underground Conduit Construction," of the Standard Specifications, CALOSHA Safety Regulations, the Plans and these Special Provisions. Compaction equipment or methods which may cause excessive displacement or may damage structures, such as sleeve tapers or other drop- weight type equipment, shall not be used. Payment for RCP shall be made at the contract price per linear foot and shall include all labor, materials, trenching, excavations, bedding, backfill compaction, temporary resurfacing, tools, equipment and incidentals and for performing all the work shown on plans, and no additional compensation will be allowed therefor. 2. Catch Basins and Miscellaneous Structures Catch basin inlet structures, junction structures, collars and other storm drain structures and miscellaneous concrete structures shall be constructed in accordance with Section 201 -1, "Portland Cement Concrete," and 303 -1, "Concrete Structures ", of the Standard Specifications, the Plan, and the referenced Standard Drawings. Curb adjacent to local depressions shall be monolithic to and considered a part of the construction of each corresponding local depression. The cost of constructing local depressions shall be L • SP 12 of 25 considered as paid for in the contract price bid for the catch basins. Payment for concrete storm drain structures and miscellaneous concrete structures shall be at the contract unit price for each type of structure and shall include full compensation for furnishing all labor, materials (including concrete, reinforcing steel, metal frame and cover framework, dowels and other miscellaneous iron work or steel required) curing, joint filler, excavations, backfill, backfill compactions, tools equipment, incidentals and for performance all the work involved in constructing said structures complete in place as shown on the Plans, and no additional compensation will be allowed therefor. Portland cement concrete shall be Class 560 -C -3250, conforming to Subsection 201- 1.1.2, "Concrete Specified by Class ", and Subsection 400 -1, 'Rock Products ", of the Standard Specifications. Steel reinforcements shall be Grade 60, conforming to Subsection 201 -2, "Steel Reinforcement for Concrete" of the Standard Specifications. Manhole frames, covers and steps shall conform to Section 206, "Miscellaneous Metal Item ", the details shown on the plans and these Special Provisions. C. Concrete Curb and Gutter P.C.C. curb and gutter and local depressions shall conform to Section 303 -5 of the Standard Specifications and the City's Standard Drawings, the Plans and these Special Provisions. Concrete shall be Class 520 -C- 2500 as defined in Section 201 -1.1 of the Standard Specifications. Subgrade preparation shall be per Section 301 -1 of the Standard Specifications. Removals shall be per Section 300 -1 of the Standard Specifications. Sawcutting of bituminous pavement edges to be joined shall be required. Depth of sawcut shall be minimum of 2 inches. Limits of removal shall be verified by the City prior to sawcutting. If existing A.C. or P.C.C. is damaged subsequent to sawcutting, the existing pavement shall again be sawcut and removed to a neat straight line. The unit prices paid shall include full compensation for furnishing all materials, labor, equipment, and incidentals, including all necessary excavation, compaction, and backfill, required to construct curb and gutter, in • • SP 13 of 25 accordance with the Plans and these Special Provisions and no additional compensation will be allowed therefor. D. Concrete Sidewalks Access Ramps and Decorative Paving P.C.C. concrete sidewalks and access ramps shall be constructed in accordance with Section 303 -5 of the Standard Specifications, the City's Standard Drawings and the Plans. Concrete shall be Class 520 -C -2500, as defined in Section 201 -1.1 of the Standard Specifications unless otherwise specified. The Contractor shall grade, form, and finish all P.C.C. construction items to match the appearance of the adjoining P.C.C. improvements. The concrete shall be cured for a minimum of seven days unless otherwise directed by the City. New decorative concrete shall match the existing as closely as possible. The Contractor shall submit a sample to the Engineer for approval prior to pouring new decorative concrete. The contract unit price paid for sidewalk shall include full compensation for construction of access ramps in conformance with the plans and with City Standards and no addition compensation will be allowed therefor. Decorative concrete paving shall be installed in the median island per the manufacturers specifications. E. Roadway Grading Roadway grading shall include unclassified excavation, removing, hauling, and disposing of all material to the subgrade elevation indicated on the plans, as required to construct the new roadway improvements. This item involves removal and disposal of all soil, and existing aggregate base material which are within the grading and excavation section. Unclassified excavation shall be done in accordance with Section 300 -2 of the Standard Specifications. The Contractor's attention is directed to Sheets 1 -3, inclusive, of the San Diego Creek Salt Water Marsh plan. The rough grading of Bayview Way will be done in accordance with these plans by the San Joaquin Hills Transportation Corridor contractor prior to issuance of a Notice to Proceed. The contract unit price paid for Roadway Grading includes full compensation for any and all work necessary, including import and /or export, necessary to excavate the Bayview Way graded section per the Salt Water Marsh plan to the lines and grades shown on the contract plans and no additional compensation will be allowed therefor. • • SP 14 of 25 The Contractor is further advised that Roadway Grading includes disposal of gas main trench spoils, or working said spoils into subgrade and no additional compensation will be allowed therefor. In areas where fill is required, all excavation materials to be used for compacted fill shall be approved by the Engineer prior to placement. The Contractor shall remove any unstable subgrade. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the City. Contractor shall replace removed unsuitable subgrade with native material that will densify to 95 percent minimum relative compaction. If after the Contractor has employed labor and material in a good faith effort, the native material will not be densified to 95 percent, the City will either 1) pay the Contractor $20 per ton to overexcavate and replace the native soil with another material that will density to 95 percent, or 2) relax the requirement for 95 percent minimum relative compaction of subgrade. F. Subgrade Preparation Preparation of the subgrade for all pavement, curbs, gutters, driveways and sidewalk shall be done in accordance with Section 301 -1 of the Standard Specifications. The Contractor's attention is directed to Section E, "Unclassified Excavation ", of these Special Provisions, in the event that unsuitable materials are encountered in the subgrade. Subgrade for all areas to receive pavement should be prepared by compaction of the upper 6 inches of subgrade soil to a minimum of 95 percent of the maximum density as determined by ASTM D1557. The subgrade preparation for curb and gutter and sidewalk should be prepared by compaction for a minimum depth of 6 inches to a minimum of 90 percent relative compaction. Compaction testing shall be done by the City - selected soils engineer at the City's expense, except that all tests which fail to meet the requirements of these Special Provisions shall be paid for by the Contractor. The Contractor shall provide the City a schedule for compaction testing five (5) working days in advance of testing. Test locations shall be determined by the City. Payment for subgrade preparation will be included in the contract unit prices requiring subgrade preparation, and no additional compensation will be allowed therefor. • • SP 15 of 25 G. Untreated Base Untreated base shall be processed miscellaneous base and shall conform to Section 400 -2 of the Standard Specifications. Placement and compaction of untreated base shall conform to Section 301 -2 of the Standard Specifications. The payment for untreated base will be determined by weight as shown on the weight tickets for untreated base used. Weight tickets for the untreated base shall be submitted to the City prior to payment request. H. Asphalt Concrete Pavement The work covered by this section of the specifications shall consist of furnishing all labor, equipment, material, supplies and supervision necessary to complete all operations for placing asphalt concrete as shown and /or indicated on the plans and hereinafter described. 1. Materials Asphalt Concrete Pavement shall conform with the applicable provisions of Sections 203 -6, 302 -5 and 400-4 of the Standard Specifications and shall be class and grade of asphalt as follows: Asphalt concrete base course is defined as the AC required to bring the pavement to 1 1/2 -inch below finished grade. Base course shall be Type III -62 -AR -8000. Asphalt concrete surface is defined as the 1 1/2 -inch AC required to bring the pavement to finished grade. Surface course shall be Type III -C3 -AR -4000. Where new AC pavement joins existing AC pavement, the Contractor shall sawcut through the existing AC pavement to create straight, smooth join lines. If the join edge is not straight or smooth, the Contractor shall cold plane a 1 -foot minimum width area of existing AC pavement to 1 1/2 -inch deep as needed to place a surface course of AC. 2. Tack Coat Tack Coat shall be applied to curb, gutter, slab or cold joints where asphalt concrete is being joined to it, in conformance with Subsection 302 -5 of the Standard Specifications. Tack coat shall be Grade SS -1h Emulsified Asphalt, conforming to Section 203 -3 of the Standard Specifications. • • SP 16 of 25 Curbs, gutters and other improvements shall be carefully protected, and any adjoining improvement damaged by spattering or tracing with track coat shall be thoroughly cleaned. 3. Placement Asphalt concrete shall be placed in conformance with Subsection 302 -5 of the Standard Specifications. 4. Compaction Compaction shall be achieved using steel - wheeled tandem rollers of 12 -ton or as directed by the Inspector. The payment for asphalt concrete pavement will be determined by weight, as shown on the weight tickets for aggregate base used. Weight tickets for the aggregate base shall be submitted to the City prior to payment request. Cold Planina Existing asphalt concrete shall be planed at the locations and to the dimensions shown on the Plans and in accordance with these Special Provisions. Planing shall conform to provisions of Subsection 302 -5.2 of the Standard Specifications and these Special Provisions. Planing asphalt concrete pavement shall be performed by cold planing. Planing asphalt shall not begin until concrete gutters have cured for seven days. The cold planing machine shall be a cutter head at least 30 inches wide and shall be operated so as not to produce fumes or smoke. Irregular areas caused from raveling of existing pavement during planing operations shall be regraded with asphalt concrete at the direction of the Inspector. The contract prices for planed asphalt concrete pavement shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in planing asphalt concrete surfacing and disposing of material removed as specified in these Special Provisions and as directed by the City. • • SP 17 of 25 J. Utility Adjustment The Contractor shall adjust to finished grade all manholes, sewer cleanouts, valve covers and survey monuments. Utility adjustments shall conform to City of Newport Beach Standard Drawing No. Std.- 111 -L, Std. - 116-L and Std.- 511 -L, and as designated on the Plans. New fire hydrant valves shall be adjusted to grade twice, once to grade for base course of asphalt, and once to finish surface. Water valves, sewer cleanouts, survey monument and manhole frames and covers damaged prior to or damaged during removal, handling or adjustment operations shall be replaced by the Contractor at his sole expense. Payment for utility adjustment shall be made on a lump sum basis and no additional compensation will be allowed therefor. K. Traffic Striping and Pavement Markings This item of work shall be done in accordance with Section 210 -1.6, "Paint for Traffic Striping, Pavement Marking and Curb Marking" of the Standard Specifications, except as supplemented or modified below: Delete paragraph 1 of Subsection 310 - 5.6.7, "Layout, Alignment and Spotting" of the Standard Specifications and add the following: "The Contractor shall perform all layout, alignment and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 -inch in 40 feet from the alignment shown in the Plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping and markings. No street shall be without the proper striping over a weekend. Stop bars shall not be unpainted overnight." The Contractor shall remove any existing thermoplastic traffic striping, pavement markings and markers prior to resurfacing. Method of removal shall be per Section A, "Removals" of these Special Provisions. New raised pavement buttons and markers shall be provided and installed per Plan by the Contractor in accordance with Section 85 "Pavement Markers" of the California Standard Specifications, except (1) raised pavement markers for location of fire hydrants shall conform to City of Newport Beach Std.- 902 -L; (2) new non - reflective pavement markers • • SP 18 of 25 (Types A and AY) shall be ceramic; and (3) new reflective pavement markers shall have glass covered reflective faces. Markers shall be approved by the traffic engineer prior to placement. Raised pavement markers shall be installed 15 days to 30 days after the final asphalt concrete overlay and placed directly over striping shown in paint standards. Non - thermoplastic traffic stripes and pavement markings shall be applied in two coats. The first coat of paint shall be dry before application of the second coat. At least one application of paint shall be applied to all striping and markings within 24 hours after placement of a final asphalt concrete overlay. Paint for traffic striping and pavement markings shall be white Formula Number 2572 -A9 and yellow Formula Number 2573 -A9 as manufactured by J.E. Bauer Company. Stencils shall match those used by the City of Newport Beach. Thermoplastic traffic striping and pavement markings shall be Alkyd type and be installed per Plan by Contractor in accordance with Section 84 -2 "Thermoplastic Traffic Stripes and Pavement Markings" of the Caltrans Standard Specifications. Thermoplastic shall be warranted by the Contractor against blistering, bleeding, excessive cracking, staining, discoloring, chipping, and poor adhesion for one year from the date of acceptance of the project. When shown on the Plans, the Contractor shall paint tops and faces of curbs after 2 days minimum cure time. Paint shall be 100 percent acrylic water base Red #3125, Yellow #4782, or White #4781 as manufactured by Pervo Paints. Paint shall be applied in two (2) coats minimum in strict adherence to the manufacturer's written instructions. Curb shall not be painted at curb returns. Payment for Traffic Striping and Pavement Markings (including raised pavement markers) shall be included in the contract lump sum price for Striping and Signing and no additional compensation will be allowed therefor. L. Installation and Relocation of Traffic Signs This work consists of relocating, removing, furnishing, salvaging and installation of guide, regulatory, and warning signs at the locations shown on the Plans in accordance with the California Department of Transportation Traffic Manual, and the provisions in Section 56 -2, "Roadside Signs," of the Caltrans Standard Specifications (July 1992 Edition) and as directed by the City, and sawcutting removing and • • SP 19 of 25 replacing sidewalk. All new signs shall be installed with new 2 -inch by 2 -inch by 10 -feet by 12- gauge galvanized metal posts, as manufactured by Quick Punch, Catalog No. H21- QP102, or Engineer- approved equivalent. Full compensation for Installation and Relocation of Traffic Signs shall be included in the contract lump sum price for Striping and Signing, and no additional compensation will be allowed therefor. M. Street Lighting The Contractor shall furnish all tools, equipment, materials, supplies, and manufactured articles and shall perform all operations necessary to construct street lighting facilities as shown on the Plans. Furnishing and installing street lighting systems shall conform to the provisions in Section 86, "Signals and Lighting ", of the Caltrans Standard Specifications and the Standard Plans of the State of California, Department of Transportation, dated July 1992, and these Special Provisions. The Contractor may perform sub - surface work consisting of the installation of conduit, foundations, and wire prior to receipt of all electrical materials and equipment. Above - ground street lighting work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 5 days after said date. Existing street lighting shall remain in operation until new lighting is operational. Full compensation for installing Street Lighting shall be made on a lump sum basis, and no additional compensation will be allowed therefor. N. Traffic Signal and Safety Lighting Modification 1. The Contractor shall furnish all tools, materials, supplies, and manufactured articles and shall perform all operations necessary to modify existing and construct additional traffic signal and safety lighting facilities as shown on the drawings. 2. Modification of traffic signals and highway lighting systems and payment therefor shall conform to the provisions in Section 86, "Signals and Lighting," of the Standard Specifications and the Standard Plans of the State of California, Department of u Transportation, dated July Provisions. • SP 20 of 25 1992, and these Special 3. Equipment List and Drawings: The Contractor shall furnish a schematic wiring diagram indicating the operation as modified. 4. Scheduling of Work: The Contractor may perform subsurface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment. Above - ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. Existing street lighting shall remain in operation until new lighting is operational. 5. Standards, Steel, Pedestals and Posts: Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. 6. Conduit: Non - metallic type conduit shall not be used. After conductors have been installed, the ends of conduits terminated in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for size hole required. 7. Pull Boxes: Grout in bottom of pull boxes will not be required. Pull boxes, pull box covers and pull box extensions shall be concrete. Standard Plan Drawing ES -8, 'Pull Box Details," Note 4 -a.5 and b.9, shall not apply to this project. 8. Conductors and Wiring: Conductors shall be spliced by the use of the "C "- shaped compressions connectors. Splices shall be insulated by "Method B." Subparagraph 5, of the first paragraph of Section 86- 2.09D, "Splicing," of the Standard Specifications is deleted. • • SP 21 of 25 Insulation for conductors installed for internally illuminated street name signs shall be color -coded orange with no stripe. Detector cable for EVP installations must be 3M Model 138 and be installed where shown on plans and pulled into cabinet and connected to rack - mounted phase selector. 9. Service: Electrical service shall be existing Type II. 10. Vehicle Signal Faces and Signal Heads: Signal section housing shall be metal type. All non - programmed lenses shall be glass with aluminum reflectors. Plastic housings, visors and backplates will not be permitted. All lamps for traffic signal units (including programmed visibility type) shall be furnished by the Contractor. 11. Pedestrian Signals: Pedestrian signal shall be Type C with the Z- crate type screen. The hood described in Section 86- 4.05D, 'Visors," of the California Standard Specifications shall be provided. Pedestrian signals shall be Indicator Controls Corporation P/N 4096B, or approved equal, with Clamshell -type mountings. 12. Detectors - Loop detector sensor units shall be Card Rack mounted Type B (two or four channel). Card rack shall be 14 position, fully wired for detectors (capable of system sampling and vehicle counts) and opticom equipment. Loop wire shall be type USE (cross - linked polyethylene insulated, No. 12, stranded copper wire). Lead -in wire cable shall be Type B. The Contractor shall test the detectors with a motor - driven cycle, as defined in the California Vehicle Code, that is licensed for the street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designated to activate the detector will not be permitted. • • SP 22 of 25 The Contractor shall provide an operator who shall drive the motor driven cycle through the response or detection area of the detector at not less than 3 miles per hour, nor more than 7 miles per hour. The number sensor units and lead -in cables to achieve the specified detection shall be installed. 13. Pedestrian Pushbuttons: Pedestrian pushbutton signs, for pushbutton assemblies to be installed on pedestrian pushbutton posts, shall be 5 "x7 -1/2 ". All other pedestrian pushbuttons signs shall be 9 "x12" and shall not exceed beyond the mounting frame work. Installation of pushbutton assemblies for bicycle use shall be in accordance with City of Newport Beach Standard Plan STD -913 -L and shall be 5 "x7 -1/2 ". 14. Opticom Priority Control System: Detectors shall be Opticom Model M522 as manufactured by 3M Company. Discriminators shall be Opticom Model 262 as manufactured by 3M Company. Model 138 Optical Detector Cable as manufactured by 3M Company, shall be furnished and installed by the Contractor. All cables shall be continuous and unspliced between the detector unit and the controller cabinet. O. Maintaining Existing and Temporary Signal Service Traffic signal shutdown shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. The Contractor shall place "STOP AHEAD" and "STOP" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal shutdown. Temporary "STOP AHEAD" and "STOP" signs shall be either covered or removed when the signal is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area Signs," of the State of California Standard Specifications, except that the base material for the signs shall not be plywood. Full compensation for furnishing, installing, maintaining and removing temporary "STOP AHEAD" and "STOP" signs and for covering signs not in ! I n U 0 SP 23 of 25 use shall be considered as included in the contract lump -sum price paid for the signal item involved and no additional compensation will be allowed therefor. All existing signal indications, pedestrian pushbuttons, detectors and control equipment shall be maintained in operation, except during shutdown hours as specified above. Existing luminaries, that are to be removed, shall remain in operation until the replacement luminaries are installed and operating. Cost of minor temporary wiring, which may be required on a day -to -day basis, shall be considered as part of the lump -sum price for signal modification. P. Removing Reinstalling or Salvaging Signal Equipment Hauling and stockpiling of salvaged material off the right -of -way, as directed by the Engineer, shall be included in the lump -sum price for required modification. Q. Landscape and Irrigation The Contractor shall furnish all tools, equipment, materials, supplies, manufactured articles and plant materials and shall perform all operations necessary and construct landscape and irrigation improvements as shown on the Plans and as specified herein. Furnishing and Installing Landscape and Irrigation improvements shall conform to the provisions of Section 308 of the Standard Specifications. Payment for Landscape and Irrigation improvements shall be made at the contract unit price and shall include all labor, materials, tools, equipment and incidentals for performing all the work necessary for the installations, and no additional compensation will be allowed therefor. R. Survey Monumentation The Contractor shall furnish all tools, equipment, materials, supplies, manufactured articles and shall perform all operations necessary to construct survey monuments as shown on the Plans and as specified herein. Installation of survey monuments shall meet or exceed the City of Newport Beach Standard Plan 116 -L. E • SP 24 of 25 Payment for survey monuments shall be made at the contract unit price and shall include all labor, materials, tools, equipment and incidentals for performing all the work necessary for the installation, and no additional compensation will be allowed therefor. S. Sewer Force Main and Gravity Sewer Main 1. PVC Pipe PVC pipe shall conform to IRWD Specifications, Section 15064, "PVC Pressure Distribution Pipe and Fittings," these Special Provisions, and as directed by the City. Gravity sewer main shall conform to Section 207 -17 of the Standard Specifications. Installation of PVC pipe shall conform to IRWD Specifications, Section 02223 'Trenching, Backfilling and Compacting," Section 15051 "Installation of Pressure Pipelines," these Special Provisions, and as directed by the City, and by IRWD. 2. Jacked Casing The jacked casing shall conform to IRWD Specifications, Section 02315, "Jacked Casing," these Special Provisions and as directed by the City. 3. Payment The contract unit price paid for sewer force main westerly of Jamboree Road and for gravity sewer main includes full compensation for trench replacement as detailed on the plans. The contract unit prices for cold planing, A.C. pavement removal, untreated base and A.C. pavement shall not be applicable to sewer force main and gravity sewer main trench replacement. The contract unit price for jack and bore includes full compensation for slurry backfill and A.C. repavement. Unit prices for pavement removal, etc., shall not be applicable to this item. T. Domestic Water Main 1. PVC Pipe PVC pipe shall conform to IRWD Specifications, Section 15064, "PVC Pressure Distribution Pipe and Fittings," these Special Provisions, and as directed by the City, and by I.R.W.D. i i • SP 25 of 25 Installation of PVC pipe shall conform to IRWD Specifications, Section 02223 "Trenching, Backfilling and Compacting," Section 15051 "Installation of Pressure Pipelines," these Special Provisions, and as directed by the City, and by IRWD. 2. Jacked Casing The jacked casing shall conform to IRWD Specifications, Section 02315, "Jacked Casing," these Special Provisions and as directed by the City. 3. Payment The contract unit price for jack and bore includes full compensation for slurry backfill and A.C. repavement. Unit prices for pavement removal, etc., shall not be applicable to this item. Contract unit price for fire hydrant assembly includes full compensation for 2 adjustments to grade for fire hydrant lateral valve: once to base course and once to finish course. U. Final Cleanup The cleanup shall conform to Section 7 -8.1 of the Standard Specifications. Upon completion of the work and before the final payment, the Contractor shall, at his own expense, clean the project site and all grounds occupied by him or any subcontractor on the work, of all rubbish, excess materials, concrete forms, temporary structures and all equipment belonging to or used by him or any subcontractor, all to the satisfaction of the City. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. Contractor shall use only those cleaning materials which will not create hazard to health or property, will not damage surfaces, and which are recommended by manufacturer of the surface material to be cleaned. Contractor shall employ skilled workmen for final cleanup. Payment for final clean -up shall be included in the contract unit prices paid for the various items of work and no additional payment will be allowed. - r.a.. lU 100f 1. elan eatiat adifieations and additions to the plus a tts...._am discussed in more detail in the fotldiWing.sheets of this addiri"; 2: Bidders mus tgn Sheet 1 of Adden&.im'Nor. 1 and attach it tot �d`IPrt�osai hiti ' bir# wi11 5e cbnsrdered unless this sheet is signed and attae d,. �. fillespi,e Cons trttctfon =Ins i initet Berkery' Bidders ..A'ame - Project hlartagetrierit Cctuulta (pleas -pint) sMoyd Bennett. SecrekitryfTreasurer Aiithori#4 Signature Bayview Way - Jamboree Road Improvements Addendum No. 1 Discussion 1. The bid proposal (Sheets PR 1.1 through PR 1.11) is revised as follows: A) Sheet PR 1.2: The quantities for Bid Items 4 and 5 are revised as follows: Bid Item 4: Construct A.C. Pavement: Eighteen hundred (1,800) tons. Bid Item 5: Install Untreated Base: Two Thousand and fifty (2,050) tons. B) Sheet PR 1.8: The quantity listed for Bid Item 29, 6" PVC Sewer Force Main (West of Jamboree) is incorrect. The correct quantity is six hundred and sixty (660) lineal feet. C) Sheet PR 1.10: Bid Item 40 is revised to be: Install Blowoff Assembly per IRWD Std. W -3. D) Sheet PR 1.11: Bid Item 42 is added: Install Blowoff Assembly per IRWD Std. W -22. Revised sheets are included with this addendum. Bidders are instructed to substitute them into their bid. 2. The pavement structural section for Bayview Way easterly of Jamboree Road is revised to 5.5" A.C. / 7.5" U.B. Base course of A.C. shall be a minimum of four (4) inches in thickness, and surface course of A.C. shall be a minimum of one and one -half (1 -1/2) inches in thickness. 3. Bidders are advised California Corridor Constructors have installed the CSP Inlet Type V shown on Sheet 2 of the San Diego Creek Salt Water Marsh Plan. Removal and disposal of this inlet shall be included in the contract unit prices paid for the various items of work and no additional compensation shall be allowed. 4. Construction Note 9 on Sheet 3 of the plans is revised as follows: "Remove interfering portions of existing 24" RCP and construct curb inlet type OS per Std -306 -L (H =4.5') and connect to remaining portions of existing 24" R.C.P. Construct local depression per Std - 304 -L. 5. Bidders are advised both C.C.C. and HCI (Fletcher Jones Motorcars' general contractor) will be taking access through Bayview Way. If any damage occurs as a result of either (or both) of these contractors' operations, the City will cause them to repair said damage.