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HomeMy WebLinkAboutC-2182 - Jasmine Creek Storm Drain Phase IIN December 18, 1981 40 CITY OF NEWPORT BEACH Channel Constructors, Inc. P.O. Box 2108 Irwindale, CA 91706 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety: Fidelity and Deposit Company of Maryland Bonds No.: 6023058 Project: Jasmine Creek Storm Drain, Phase II Contract No,: C -2182 The City Council on November 23, 1981 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded. It was recorded with the Orange County Recorder on December 7, 1981 in Book No, 14314, Page 191. Please notify your surety company that the bonds may be released 35 days after the recording date. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works Dept.. File City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 RECORDING REQUESTED BY •". Please return to: City Clerk C ry of Newport Beach - fN 3 New4port Blvd. 1768 CA 92663.3884 p. � u�"ION 8623 • BK 14314P6 191 �.aa,�rro�fae+ ft« c�m elas EXEMPT RECORBED IN OFFICIAL RECORp OF ORANGE CWWTY, CALIFORNIA NOTICE. OF COMPLETION PUBLIC WORKS -122-5 PM DEC 7'81 I o All Laborers and Material Men and to Every Other Person Interested: YO11 WILL PLEASE TAKE NOTICE that on November 23, 1981 _ the Public Works project consisting of Jasmine Creek Storm Drain /Phase II (C -2182 on which Gi was the contr was the surer DEC 1 1981, CITY OF NPORi BEACH, C/. I, the undersigned, say: Inc. VERIFICATION CITY OF' NEWPORT BFACH Puhlif Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 1, 1981 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on November 23, 1981 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 1, 1981 at Newport Beach, California. City Clerk i w December 1, 1981 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Attached for recordation is Notice of Completion of Public Works project consisting of Jasmine Creek Storm Drain, Phase II, Contract No. 2182 on which Fidelity and Deposit Company of Maryland was the surety. Please record and return to us. Yours truly, Wanda E. Andersen City Clerk WEA:lr attach. City Mall • 3300 Newport Boulevard, Newport Beach, California 92663 i C -a�gz — Oovember 23, 1981 C -} CITY COUNCIL AGENDA ITEM NO. F -10 TO: CITY COUNCIL NOV 23 1961 FROM: Public Works DepartmentBY th• CITY COUNCIL CITY OF NEWPORT UACH SUBJECT: ACCEPTANCE OF JASMINE CREEK STORM DRAIN, PHASE II (C -2182) 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 Notice of Completion has been filed. DISCUSSION: The contract for the construction of Phase II of the Jasmine Creek storm drain has been completed to the satisfaction of the Public Works Department. The bid price was $197,430.00 Amount of unit price items constructed $198,670.00 Amount of change orders 5,817.68 Total contract cost $204,487.68 Funds were budgeted in the General Fund. Five change orders were issued. The first, in the amount of $649.63, provided for the removal and replacement of deteriorated curb and sidewalk ad- joining the work on Iris Avenue. The second, in the amount of $215.89, pro- vided for the adjustment to grade of an existing sewer manhole. The third, in the amount of $471.95, provided for construction of an additional concrete collar at the point of connection of the new drain. The fourth, in the amount of $222.52, provided for hand excavation to remove a tree whose roots sur- rounded the T.V. cable and pull box. The fifth, in the amount of $4,257.69, provided for the breaking, removal and disposal of approximately 85 lineal feet of concrete encasement around the existing drain in the alley northerly of Fourth Avenue. The design engineering was performed by Alderman, Swift and Lewis, Consulting Engineers of Santa Ana. The contractor is Channel Constructors, Inc. of Irwindale. The contract date of completion was was completed by that date with the exception completed on October 23, 1981. Benjamin B. Nolan Public Works Director GPD:jd September 27, 1981. The work of the final paving which was 0 • DATE July 30 t 1981 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. 2182 OFFICE OF THE CITY CLERK (714) 640 -2251 Description of Contract Jasmine Creek Storm Drain, Phase II Effective date of Contract July 29th, 1981 Authorized by Resolution No.10094 , adopted onJuly 14, 1981 Contract with Channel Constructors Inc. Adress P.O. Box 2108 Irwindale. CA 91706 Amount of Contract$ 197,430.00 Nanda E. Andersen WANDA E. ANDERSEN City Clerk City Hall • :3300 Newport Boulevard, Newport Beach, California 92663 5 -81 "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self - insurance before commencing any of the work," AVii. D Signature �� NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 30th day of June " , 1981, at which time such bids shall be opened and read for JASMINE CREEK STORM DRAIN. t PHASE II Title of Projec 2182 Contract No. $330,000 Engineer's Estimate • • • c Ike P Approved by the City Council this 8th day of June , 1981. Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Lloyd Dalton at 640 -2281. Project Engineer 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JASMINE CREEK STORM DRAIN, PHASE II CONTRACT NO. 2182 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: • Page la The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 2182 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and clearing including removals as required @ Thirteen Thousand Dollars and No Cents $ 13,000.00 $ 13,000.00 Per Lump Sum 2. 978 Install 54" R.C.P. Lineal Feet @ One Hundred Sixty Dollars and No Cents $ 160.00 $156,480.00 Per Lineal Foot 3. 107 Install 18" R.C.P. Lineal Feet @ Fifty Dollars and No Cents $ 50.00 $ 5,350.00 Per Lineal Foot 4. 4 Construct Manhole No. 2 per City Each of Newport Beach Std. 307 -L @ Two Thousand Dollars and No Cents $ 2,000.00 $ 8,000.00 Each • , • Page lb ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 Construct curb inlet L = 13' per Each City of Newport Beach Std. 305 -L @ Three Thousand Five Hundred Dollars and No Cents $ 3,500.00 $ 3,500.00 Each 6. 1 Construct curb inlet L = 20' (type OL) Each per City of Newport Beach Std. 305 -L @ Three Thousand Two Hundred 9 Dollars and Cents 7. 1 Construct curb inlet L = 20' (type OL -A) Each per City of Newport Beach Std. 305 -L $ 3,200.00 $ 3,200.00 @ Three Thousand Three Hundred Dollars and No Cents $ 3,300.00 $ 3,300.00 Each 8. 2 Construct grate inlet Each @ Seven Hundred Fifty Dollars and No Cents $ 750.00 $ 1,500.00 Each 9. Lump Sum Construct brick and mortar bulkhead One Hundred Dollars and No Cents $ 100.00 $ 100.00 Per Lump Sum 10. Lump Sum Guarding underground construction @ Two Thousand Dollars and No Cents $ 2,000.00 $ 2,000.00 Per Lump Sum • Page Ic ITEM QUANTITY ITEM DESCRIPTION UNIT L NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. Lump Sum Traffic control @ One Thousand Dollars and No Cents $ 1,000.00 $ 1,000.00 Per Lump Sum TOTAL PRICE WRITTEN IN WORDS One Hundred Ninety -Seven Thousand Four Hundred Thirty Dollars and No Cents $ 197,430.00 Contractor's License No. 261828 A Channel Constructors Inc. (Bidder's Name �/1J -G�� Date June 30, 1981 rence E. Weeshoff /President Authorized Signature/Title) L� Bidder's Address P.O. Box 2108 Irwindale. California 91706 Bidder's Telephone NO. (213) 962 -8791 • , • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL.form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy 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 or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. 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 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 261828 A Contr's Lic. No. & Classification June 30, 1981 Date Channel Constructors, Inc. Bidder wrenc�eeesho f /Pres�jd t horized Signature /Title • , • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. 2. 3. NONE 4. 5. 6. 7. 8. 9. 10. 12. n Channel Constructors Inc. Bidder F gna • 1 ,0 Page 4 FOR ORIGINAL SEE CITY CLERK'S FILE COPY BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Channel Constructors. Inc as bidder, and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent (10 %) of the amount bid in - - - Dollars ($_10% of hid ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Jasmine Creek Storm Drain Phase II C -2182 Title of Project 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 the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 24th day of June , 187 . (Attach acknowledgement of Attorney -in -Fact) /s/ Beverly J. Sanders Commission Expires November 2 1984 Channel Constructors, Inc. D;aa„- Fidelity and Deposit Company of Maryland Suret� L By /s/ William A. Sadler Title Attorney -In -Fact • Power or Attorney FIDELITY AN DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNow ALI. f1'IEN 13Y THESE 1'RESENT5: That the FIDELITY AN I) DLSPoSIT COMPANY OF A A RYLAND, a corpora- tion of the State of Nlaryland, by C. M. PECOT r JR. Vice- President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Com- pany, which reads as follows "The Pre =ideot, or any one of the Executive Vice-Presidents, or ally one of the additional Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, slmll have power, by and with the concurrence of the Sec- retary or any one of the :assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize ally person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, i greeu)ents, deeds, and rele.uea and assignments of judgments, decrees, mortgages and instruments in bile natttre of mortgages, and also all other instruments and docu- ments which the business of the Company may rcquire, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint William A. Sadler of Los Angeles, s rue and lawful agent and Attorney -in -Fact, to make, execute, seal zinc] deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings .............. _ I —execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had bec'n duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the afoicgoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN -WITNESS %VLrREOr, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of thV. said FIDG.LITY ANN Dt :rosrf COMPANY OF MARYLAND, this ................... Qrd --------- . .................... clay of ... _ ....... ....... December ........... ... A.D. 19..76... :........ FIDE'LIT'Y" AND DETOSIT C01II'ANY OF 'MA.KYL&ND - iS E A L,; � r Assislmrl Secrelnr y Vice - President Srnrr os A1,,.'. <vt.nND 55: GTV or 1)ra.nttoler 111 - Oa this 23rd day of DeceIDbcr A.D. 19 76 bi fort, the subm- giber, a Notary Public of the State of Mar, laud, in and for the City of Baftunore, duly corn ... i"ioned null qualified, e:uue the alcove - named Vice - President and Assistant Secretary of the FteEl.rry AND DEPOSIT COMPANY OF NIARYLAND, to me per known to be the individuals and officers described in and who executed the premlinq instrument, and t:cy each acknowledged the execution of the same, and bring by mo duly sworn, severally and each for himself dcposcth and with, that they are the said oliicers of Lhe Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Scal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority anti direction of the said Corporation. IN Ti:sri.uoNy VVueltcor, I Lave hereunto set my baud and affixed my Official Seal, at the City of Baltimore, the day and year first above written.L %] / 4. •., °r ..?uu�,c ss Notary Public Commission Bxpues.J1i1Y..1 x..lr)..lg 1, the uudersipned, Assistant Secretary of the I'IDb:UTY AND DEIbSIT COMPANY 01; MAaYrAND, do hereby certify that the original Power of Ao,akey of wi,idt d,c forcvoirg ix a full, tree and correct copy, is in full fsce ai',d effect on the date of Orul ccr tifica te; and I do IW'ther certify that I I i o Vice - President who exrcuted the .c-aid Power of Attorney was one of the additional Vi Cc- I'residen is spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact ris provider] in Article VI, Section 2 of the By -Laws of the FmeutY AND DECocr Co>umNY Or INIARILAND. 'I his Certificate may be signed b'v facsimile under and by mithority of the foilowinc resolution of the Board o6 Directors of the FIDELITY AND DEPOSIT COMVkNY OF M&Ka i.AND at a nreetmg duty called and held oo the [6th clay of Iuly, 1969. i Rrsol.VcD: "That the facsimile or mechanically reproduced signature of ally Assistant Secretary of the Company; whether made hemtofore or hereafter, whrrever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company wit, tlw same force and c11Cct as though manually nffi :u•d.° IN TESTIMONY \':mfrsEOr', I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24th June 81 . ..._......_...._............ day oL--...._- --------- 19 --- .--- ... � LI{39�U. 3019'/6 --- _ --------- _— ..- . ------ .._ . - - - - ....... �. ........._� - - - -�A ssisfc r.lecrelery • . Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Channel Constructors, Inc. Bidder /s /- ,aWeE. Weesho ed signa Subscribed and sworn to before me this 30th day of June 1981. My commission expires: May 10, 1985 /s/ Alva B. Warren Notary Public 11 • Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Channel Constructors, Inc. Bidder ✓/ w�ce E. Wee shoff/ Presid` uthorized Signature /Title City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Lloyd Dalton Re: Jasni.ae Creek Storm Drain Phase 2 Contract No. 2182 In accordance with the Stat mant of Financial Responsibility we hereby certify that on June 30, 1981 Channel Constructors, Inc, had net quick assets in excess of $200,000.00 and net worth in excess of $200,000.00. SCHLUTER & RAVIN Donald W. Schluter, Partner Certified Public Accountant %i v ov �� N N SCHLUTER & RAVIN DONALD W. SCHLUTER, C.P.A. CERTIFIED PUBLIC ACCOUNTANTS MICHAEL J. RAVIN, C.P.A. 3250 WILSHIRE SLVO.. SUITE 2214 MEM.ERS SHO YOKOTA, C.P.A. LOS ANGELES. CALIFORNIA 90010 AMERICAN INSTITUTE OF (213) 384 -4577 CERTIFIED PUBLIC ACCOUNTANTS July 3, 1981 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Lloyd Dalton Re: Jasni.ae Creek Storm Drain Phase 2 Contract No. 2182 In accordance with the Stat mant of Financial Responsibility we hereby certify that on June 30, 1981 Channel Constructors, Inc, had net quick assets in excess of $200,000.00 and net worth in excess of $200,000.00. SCHLUTER & RAVIN Donald W. Schluter, Partner Certified Public Accountant %i v ov �� • • Page 7 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 Completed For Whom Performed (Detail) Person to Contact Telephone No July 1979 Irvine Co. Storm July 1979 City of Escondido - Storm Drain Larry Hobson 714- 741 -4644 May 1979 City of Garden Grove - Storm Drain Joe Schenk 714 - 638 -6886 Dec. 1978 City of Glendale - Storm Drain July 1981 *Municipal Water District of Orange County Stan Sprig 714 - 973 -1023 July 1981 *Municipal Water District of Orange County Stan Sprig 714 - 973 -1023 * Santiago Aqueduct Parallel Contracts #4 and #5 - Water lines Channel Contractors. Inc. R iaann 0 N O T I C E • Page 8 The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13,14 & 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. All.costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. .• Page 9 Bond No. 6023058 PAYMENT BOND Premium: $1,459.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted July 14, 1981 has awarded to Channel Constructors, Inc. hereinafter designated as the "Principal ", a contract for Jasmine Creek Storm Drain Phase II C -2182 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We ChANNEL CONSTRUCTORS, INC.. as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Ninety Eight Thousand Seven Hundred 'Fifteen and No /100 Dollars. ($: 98,715.00 --------- ) , said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, 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 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon F Payment Bond (Continued) 0 Page 10 this bond, as required by the Provisions of Section 4205 of the Government 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 Principal and Surety above named, on the 22nd day of July 19 81 Apprpved as to forpt: C ty Attorney CHANNEL CONSTRUG7p�5, 11Ga (Seal) Name of Contractor Principal Authorized Signature and Title FIDELITY AND DEPOSIT COMPANY OF MARYL" pal) Name of Surety One Wilshire Blvd., Suite 1020 Los Angeles, CA 90017 EMETT & CHANDLER 1800 Avenue of the Stars, L.A., CA 90067 Address of Agent . (2131 553 -2. 11 Telephone No. of Agent C;w) 3 :� `» \\)�\ 1>°\ > |/ 7 ¥ \ \ \ \ \ 2 / \ \ a \ \ \in, (\ \ \ \� \\ \ \ \\ \� \ \( \ \ 2 / \ \ a Power O� Attorney FIDELITY ANLIODEPOSIT (:OMPANY OF MARYLAND HOME OFFICE, 3ALTIMORE, MD. KNOW ALL fVII :N 131' T1ILSC PRESILNTS: That the FIDELITY AND DGPOSIT COMPANY OF iA'I A RYLA;ND, a corpora- tion of the State of Maryland, by C. M. PECOT , JR. , Vice - President, and C. W. ROBBI71S , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or all)/ one of the Lsecutiv,l Vice- Presidents, or auv one of the additional Vice - Presidents specially :wthorize,d so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrerre of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice - presidents, Assistant Vice - Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the husiness of the. Company nmy require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recq¢nizances, stipulations, policies, contracts, agreements, deeds, and release, ar,d assignments of judgments, decrees, mortgages and instruments in the respire of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Cornpany thereto." does hereby nominate, constitute and appoint William A. Sadler of Los Angeles, s rue and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ............. _ t� execution of such ponds or urldcvtakings in pursuance of these presents, shall loo as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. 'File said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Lairs of said Company, and is now in force. - IN WITNtss WVLI LIZ LOF, the said Vice - President and Assistant Secretary have hereunto subsceihed their names and affixed the Corporate Seal of the said FIDEJAIV AND DEPOSI "P COMPANY OF MARYLAND, this ........ .... ..2�rq- -----_- ----- -- -------- -- -clay of ----- - ---- -December A.D. 19...76. VIllELITY A7ND DFVOSIT COMPANY OF MARYLAND t. ATTI -ST: ,- SEAL ar .r• Assistant Secretary Vice- President STAI c OF ''d ARYtAND CITY OF BAL't l>tORr ss: on this 23rd day of December A.D. 19 76 before th,i si bzcribcr, n Notnrn Public of the State of Maryland, in and for the City of Bedtinvore, duly rmnmi,sionsd and q»1dif,ed, rune the above -named Vice - President and Assistant Secretary of d,e FIDELITY AND 17[POStr COMPANY or NIARytANO, to me persmallyLnomn to be the individuals and ohlcers described in and who executed the prececdiu,g instrument, and they each ncknrnvdedgcd the execution of the same, and bciug by nic dudy sworn, severally and each for himself depo =eth and with, that they arc. the said 46vers of the Company aforesaid, and that the seal affixed to the preceding instru ,cut is the Corporate Seal of said Company, and that the said Corporate Seal air(] their sigoauucs as such officers were duly aIll.ced and subscribed to the said instrument by the authority and direction of the said Corporation. IN TcsnmovY P6nrRcor, I ha,c hereunto set my hand and affixed my Official Seal, it the City of Bnitimore, the day and year first above written. ...• " .. / .--..._.-.._._.---------- ------------ ......_................._.. ------------------------------------ ew' `'- Notary Public Commission E. pires44y_Zz-.19_7a PU9U G :' 2i I, the undresigued, Assie[ant Srcrctary of Lhc l�ne[.iTY nND DcPOSrc CUi���ABY or AfNrYU.n so, do hereby crrti(y thaC the orig innl Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect oil the (.date of t w, ecrtfic.,te; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the adcdi tionad A'ice- 1'rebaOnis spe- ciaddv authorized by the Bond of Directors to appoint any Attorney -in -Pact as provided in Article Vi, Scction 2 of the By -Laws of the FIDGL1TV AND DrPOSIT COMPANY or MARYLAND. This Certificate maV be signed by facsimile wader and by aothorit -v of the folloiving resudntion of the Board of Directors of the FIDGLLTY AND DGPOSIT COMPANY or h1AavLAND at a nueetuug duly called and held on the 1601 day of July, 1969. 1 Rrsoc. cD: "That the facsimile or mechanically reproduced signature of any Assistant Srcrctary of the Compnny', ivhether made heretofore or hereafter, wherever appearinG upon a eertilierl copy of any power of attornev issued by file Company, shall be valid and binding upon the Cornpany with the same form and Olect as though manually aflixcd." IN TESTIMONY W11CREOP, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd....------ ............day of .............. July ................... ................. 19.81.... L1419 —Ctf. 201996 - _...__ .......... ....... .. ....._......._ ,�Sis(C r.I crrdG /Y - 0 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That • Page 11 Bond No. 6023058 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted July 14, 1981 has awarded to Channel Constructors, Inc. hereinafter designated as the "Principal ", a contract for Jasmine Creek Storm n Phase II C -2182 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, CHANNEL. CONSTRUCTORS, INE as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety Seven Thousand Four Hundred Thirty Dollars ($197,430.00 ----- and No /100 said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. 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 to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice I • • Page 12 Faithful Performance Bond (Continued) 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 Principal and Surety above named, on the 22nd day of July , 19 81 CHANNEL CONSTRUCTORS4 INC.. (Seal) Name of Contractor (Principal) , Authorized Signature and Title Fidelity and Deposit Company of Marylan Seal) Name of Surety One Wilshire Blvd, Suite 1020 Los Angeles, CA 90017 Address of Surety Sj jggtur ar&d Tlitle qt Auth izfgAgent Wi iam . ad er, A orn y-in - EMETT & CHANDLER 1800 Avenue of the Stars, L.A., CA 90067 Address of Agent (213) 553 -2711 Telephone No. of Agent [ §m { 5d, | | \\ {) {\ [\ \( \ \� \ \ \ \� � \\\ \�{~ f;} /Ry 72/ e/c \/\ { , _ Power of Attorney FIDELITY ANP DEPOSIT (;OMPANY O MARYLAND HOME OFFICE. BALTIMORE, MD. Ksoiv ALL AIEN 13Y Tn>:.sis PRI :SLNTS: That the Firj-mrY AND DEPOSIT' COMPANY OF IA IARYLAND, a corpora- tion of the State of V'Itin land, by C. M. PECOT, JR. Vice- President, and C. W. ROBBIUS Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Lams of said Com- pany, which reads as follows: "The President, or any one of the Gsecntive Vice- Presidents, or any one of the additional Vice- Piesidcuts specially authorized so to do by the Board of Directors or by the );xecutive Committee, shall have power, by and with the cbecurrenee of the Sec- retary or anv one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant V ice - Presidents, Resident Assistant Secretaries and Attorneys -iu -Fact as lire business of the. Company may require, or to authorize any porson or persons to execute on behalf of the Company any bonds, undertalciugs, rec ,, ni za nces, stipulations, policies, contracts, ag reernen ts, deeds, and release, and assignments of judgments, decrees, mortgages and instruments ill the nature of omrt,,a¢es, and also all other instruments and docu- ments which the business of the Company play require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint William A. Sadler of Los Angeles, Californiay, 1 sId iaw-ful agent and Attorney -in -Fact, to make, execute, scd and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings .............. nc the execution of such bonds or undertalcings in pursuance of these presents, shall be as hinding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, ;Yid., in their own proper persons. The si hl Assiztant Secretary does hereby certify that the aforegoing is a true copy of Article V1, Section 2, of the By -Laws of said Company, and is now in force. IN WITNFSS MILREOP, the said Vice - President and Assistant Secretary hate hereunto subscriber.) their names and alfixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY of MAIlYLANI), this .......-- -- - --- 3ra ...._ ........... ayof.................... .Decemb✓ r .....- A.D. I9---7b... FIllHLPPY ,1N1) mlA,OSLr COMPANY OF AL1R11.,1\ll ATTISST: 1 SEAL o ,LL ,.. ..a 13 v. Assistant Srordar Vice- President STATE OF �I AItYLAXD 1l` CITY OF BAL'rl>toirr J Ss: on this 23rd day of Deoember A.D, 19 76 , before the subs xihcr, a Notare Public of the Slate of Nlni, land, in and for the City of Baltimore, duly commissioned and qualified, canm the above- nanird Vice - president and Assistant Secretary of the FIDEI.rrY AND DEPOSIT COMPANY or hl Alat'I.AUD, to me pervinallyhnoan to be the individuals anti officers described in and who executed the preceding instrument, and they each acknowiedgod the execution of thesame, and being by me duly sa'_ern, severally and each for IGmself deposeth and sent), that they arc the said o)lcers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their sigcatnres as such officers were duly of xed and subscribed to the said iustrmnout by the authority and direction of the said Coipor.ition. IN TE lisloVY WIlExsor, i bate hereunto set my hand and affixed my Official Seal, at the City of Baltimore, tire day and year first above written. 'Wr NO TA RY': --- .------------- ---------- ... ---------------- ......................... I................... ;FOWL Notary Public Commission LxpiresJttly- _ l,-19"j8 CliH11111'ICA'1'I: I, the umlersigned, Assistan t Sceroary of the FIDP:LITY AND DeroEt O MPANY nF'MARYLAND, do hereby cn'tify that the original Power of Attorney of which the for is a full, true and correct copy, is in full force and elfect on the date of I hi: ccrt i6cate; and I do further certify that the Vice- 1'residen[ who executed the said POWCr Of Attorney was one of the additional Vice- Presidents spe- cially authorized ba' the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Scetion 2 of the By -Lasts of the FIDELITY AND Dcrosrt COMPANY of MARYLAND, This Certificate may be Sig in I by facsimile under and by authority of the followblg resolution of die Beard of Directors of the FIDELITY AND DEPOSIT COMPANY or MARYLAND at a meeting duly called and held on the 16th day of July, 1969. 1 RESOLVED: "That the facsimile or mechanically reprorhmed signature of any Assistant Secretary of the Gnnpnny, whether made lleretocore or hereafter, wh,rte.Ver appearing. upon a certifier( copy oL any power of attonroY isaued by the Compmiy, shat{ be valid and binding upon the Company with the same force and effect as though manually affixed." r IN TESTtaoNY WHEREOF, I have hereunto subscribed my name and afhsed the corporate seal of the said Company, this 22nd y _-- ...._._..._----...._.. -._day oL._.......-_ S.'` il ....... .........._.................... 19..81._. � L1419 --CIE. 701996 ..-_ .._....._........_..........._. .. ._._ ...; ...... _._ _..._....__ Assulc rt ecrdary CERTIFICATE HOLDER City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Channel Constructors, Inc. P.O. Box 2108 Irwindale, CA 91706 • CERTIFICATE OF INSURANCE INSURAN Company r�L Page 13 A Mission Insurance Cpmpany Company B i.entral Nazional insurance company Letter of Omaha Company Letter C Argonaut Insurance Company Company D Letter Company E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). COMPANY Policy Policy LIMITS OF LIABILITY IN THOUSANDS O00 LETTER TYPE OF INSURANCE No. Exp. Each Date Occurrence Aggregate GENERAL LIABILITY A I ® Comprehensive Form 0 Premises - Operations MLA D403651 4 -16 -82 Bodily Injury $ $ ® Explosion & Collapse Hazard Property Damge $ $ ® Underground Hazard ® Products /Completed - Operations Hazard Bodily Injury ® Contractual Insurance and Property $500 $500 ® Broad Form Property Damage Dama a Combined ® Independent Contractors ED Personal Injury Personal Injury Incl. $ E0 Marine ® Aviation AUTOMOTIVE LIABILITY A ® Comprehensive Form MLA 403651 4 -16,82 Bodily Injury Each Person $ Bodily Injury Each Occurrence ' ® Owned $ ®Hired. E Non -owned ����� ; Pro ert Dama e $ Bo i y Injury and Property Damage Combined $ 500 EXCESS LIABILITY B I R Unbrella Form Other than Umbrella Form CNU 00 -67- 27 4 -16 -82 Bodily Injury and Property Damage Combined $ 10,000 $ 10,000 C WORKERS' COMPENSATION and EMPLOYER'S LIABILITY 20 -387 69952 10 -1 -81 Statutory 100,000 ac Accident NOTE: The Comprehensive General Liability or (and) Automotive Liability policy(s) is (are) endorsed with the attached City of Newport Beach Endorsement(s). CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the certificate holder by mail, By: ! / �{.LaVl - Z F�gency: Au orized Represen at ve William A. Sadler Description of operations /locations /vehicles: All operations Beach by or on behalf of the named insured in connection with Jasmine Creek storm Drain, Phase 11, Contract #2182 Project title and contract number 7 -22 -81 Date Issued performed for the City of Newport the following designated contract: City of Newport Beach NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. IN CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence ( ) Single Limit Bodily Injury Liability $500,000 .00 each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Jasmine Creek Storm Drain, Phase II, Contract #2182 - City of Newport Project Title and Contract o. ). seach This endorsement is effective July 22, 1981 at 12:01 A.M. and forms a part of Policy No. MLA 0403551 Named Insured Channel constructors, Inc. Endorsement No. 3 EMETT & CHANDLER Name of Insurance Company Mission Insurance Company By Authorized ReTresen a t i v e William A. Sa ler • • Page 15 CITY Of NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will 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 the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence $ each occurrence $ 500,000 .00 each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Jasmine Creek Storm Drain, Phase II, Contract 42182, City of Newport Project Title and Contract No. This endorsement is effective July 22, 1981 at 12:01 A.M. and forms a part of Policy N0. MLA 0403651 Named Insured Channel constructors, Inc. Endorsement No., 7_ EMEZ'T & CHANDLER Name of Insurance Company Mission Insurance company By��� .( Authorized Represerltative William A. Sadler • . • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily injury Liability $ Property Damage Liability $ ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence each occurrence $ 10,000,000.00 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicabl.e,to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Jasmine Creek Storm Drain, Phase II, Contract n2182 - City of Newpo, Project Title and Contract No.). act, This endorsement is effective July 22, 1981 at 12 :01 A.M. and forms a part of Policy No. CNU o0- 67 -27, Named Insured Channel constructors, Inc. Endorsement No. d EME,TT & CHANDLER Central National Insurance �� / Name of Insurance Company Company of Omaha By Authorized Representative William A. Sadler 0 .• CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 15 With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will 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 the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ Property Damage Liability $ ( ) Single Limit each occurrence each occurrence Bodily Injury Liability $ 10,000,000.00 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Jasmine Creek Storm Drain, Please II, Contract 42182, City of Newport Project Title and Contract No. h This endorsement is effective July 22, 1981 Policy No. CNU 00 -67 -27 Named Insured Channel constructors, Inc. at 12:01 A.M. and forms a part of Endorsement No._ R DL Central National Insurance EYWITT CTIM ER Name of Insurance Company !/ Company of Omaha By ' Authorized ReT5restntative wil.liam A. Sadler • 0 Page 16 CONTRACT THIS AGREEMENT, entered into this day of �/ 19, by and between the CITY OF NEWPORT BEACH, hereinafter "Ci and Channel Constructors. Inc. hereinafter "Copt actor,' is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Jasmine Creek Storm Drain Phase II C -2182 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Jasmine Creek Storm Drain Phase II Title of Project C -2182 Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Hundred Ninety -Seven Thousand Four Hundred ThirtyDolla(-$ 197,430.00 ). This compensation includes 1 any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) • Page 17 (f) Plans and Special Provisions for Jasmine Creek Storm Drain Phase II C -2182 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: City APPROVED AS TO FORM: CITY OF NEWPORT BEACH —7 Mayor CITY -.7 Its CONTRACTOR • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR JASMINE CREEK STORM DRAIN, PHASE II CONTRACT NO. 2182 INDEX TO SPECIAL PROVISIONS Section Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . 1 V. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . 3 VII. NOTICES TO RESIDENTS . . . . . . . . . . . . . . . . . . . . 3 VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES. . . . . . . 3 IX. COOPERATION AND COLLATERAL WORK . . . . . . . . . . . . . . . 4 X. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XI. SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . . . . . 4 A. Surface Water . . . . . . . . . . . . . . . . . . . . . . 4 B. Groundwater . . . . . . . . . . . . . . . . . . . . . . . 4 XII. GUARDING UNDERGROUND CONSTRUCTION: SOILS REPORT. . . . . . . 4 XIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . 5 A. Mobilization, Clearing and Other Removals. . . . . . . . 5 B. Storm Drain Improvements . . . . . . . . . . . . . . . . 5 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR • SP 1 of 6 JASMINE CREEK STORM DRAIN, PHASE II CONTRACT NO. 2182 SCOPE OF WORK The work to be done under this contract consists of constructing storm drain pipe, manholes, catch basins, connector pipes and appurtenant structures as shown on the plans. Also _included is the construction of 6 -inch P.C.C. on A.B. alley. The contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing No. D- 5123 -S); the Standard Special Provisions and Standard Drawings for Public Works Construction, 1980 Edition; and the Standard Specifications (Standard Specifications for Public Works Construction, 1979 Edition), copies of which are available at Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. Copies of the City's Standard Special Provisions and Drawings may be purchased at the Public Works Department. II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK The Contractor shall complete all work on the contract within 75 consecutive calendar days after award of the contract by the City Council and as specified in Section 6 of the Standard Specifications. III. PAYMENT The unit or lump sum price for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, survey, etc., 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 pro- posal, shall be included in the price bid for other related items of work. IV. TRAFFIC CONTROL AND ACCESS General. Traffic and access shall comply with Section 7 -10 of the "Standard Specifications for Public Works Construction" and the requirements set forth herein. Traffic Plan. After notification of award and at least 5 calendar days prior to start of construction, the Contractor shall submit to the Engineer, for approval, his proposed traffic plan. A minimum traffic plan is included here- in and on the drawings; however, this plan is not mandatory and is included to indicate the required level of detail on a traffic plan submitted. The Contractor shall be fully responsible for the adequacy of any traffic plan utilized, including the suggested plan, for conformance with his intended con- struction schedule and staging and to provide for its proper implementation. • • SP 2of6 Detours and Transitions. All detours and transitions shall be installed prior to and be approved by the Engineer before any construction begins within the roadway. The length of detour transition approach shall be a minimum of 200 feet. The Contractor shall be responsible for installing and main- taining traffic cones and barricades in their proper locations as well as traffic control signs on the approaches and throughout the work area. Traffic cones and delineators shall be used to delineate centerlines and lane lines and shall be spaced 15 feet apart throughout the transitions into and out of the detour and through the construction area. Barricades shall be used to protect the work area, to close left -turn lanes and at other locations required by the Engineer, and shall be spaced a maximum of 30 feet apart. Provide "KEEP RIGHT" (R7R) signs at each end of the transitions and at 100 -foot centers. Provide the following signs at each approach in advance of the work areas: 1 - C18R "ROAD CONSTRUCTION AHEAD" 2 - C1R "DETOUR AHEAD" Alley Closure. Storm drain construction in the alley located north of Fourth Avenue and between Jasmine and Iris Avenues will necessitate alley closure and denial of access to approximately 35 garage and parking spaces along the alley. The total duration of such alley closure shall be limited to 30 calendar days, including the pavement cure period specified in Section 302 of the Standard Specifications. Temporary No Parking. Temporary no parking is authorized along Iris Avenue and Fourth Avenue. The Contractor may post "Temporary No Parking" signs after notifying and receiving approval from the Engineer. Type of sign and method and location of posting shall be subject to the Engineer's approval. The Contractor shall notify all affected residences and business establishments at least two days prior to the posting of signs. Traffic Requirements. The traffic requirements specified herein shall apply to all phases in the construction of this project, including the placing of temporary resurfacing and restoration of permanent resurfacing. All lanes for moving traffic shall be at least 10 feet in width with clearances of 2 feet from any vertical obstruction and 5 feet from any open excavation. Traffic requirements shall apply only during the time construction is in progress. Backfilling and Plate Bridging. The Contractor shall either bridge the trench excavation using steel plates (minimum one inch thick with one foot of bearing area on each side of the trench) or backfill the trench with suitable material to support temporary traffic loading, to maintain access to business driveways and local street intersections affected by the trenching operation. Adequate signing, barricading and delineation will be utilized in either case, unless the roadway is completely opened to traffic by backfilling the trench and restoring pavement. Length of open trench shall not exceed 200 feet. 0 • SP 3 of 6 Fencing Around Excavation. The Contractor shall provide temporary six -foot- high chain link fence around all areas of open trench during off -work hours. Restoration of Striping and Pavement Markings. Restoration of striping and pavement markings shall be done by the City. Flagmen. If it becomes necessary, in the opinion of the Engineer, to properly move traffic through the construction area, uniformed flagmen shall be on duty during the entire period the roadway is constricted. Payment. The cost for traffic control required for this construction project listed in the Proposal. V. PERMITS as detailed in this section and as is included as Bid Item No. 11 of work The City has obtained project clearance from the California Regional Water Quality Control Board - -Santa Ana Region (see Section XI, Surface and Ground- water Control). The Contractor shall obtain the following permit prior to any construction; Permit to perform excavation or trench work from the Division of Industrial Safety, State of California (see Section XII, Guarding Underground Construction). The Contractor shall be responsible for conducting his operations in accordance with the requirements of these permits and clearances. All costs involved in complying with the provisions of such permits and clearances shall be included in the price bid for the various items of work, and no additional compensation will be made therefor. VI. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be provided by the Contractor. VII. NOTICES TO RESIDENTS Between 48 and 55 hours before closing a section of street or alley or re- stricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected residence a written notice stating when construc- tion operations will start and approximately when vehicular accessibility will be restored. Twenty -four (24) hours before shutting off water service to any residence, the Contractor shall distribute a separate written notice stating the date and time the water will be shut off and approximate time the water will be turned back on. The written notices will be prepared by the City. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES Known utilities are indicated on the plans. At least 48 hours prior to perform- ing construction work, the Contractor shall request each utility company to locate its facilities. Construction of the storm drain will cause work to be performed over, under and very near existing sewer, gas, electric, and water lines. The Contractor shall protect in place and be responsible for, at no additional cost, any damage to utilities encountered during construction of the items shown on the plans. • • SP4of6 Existing structures abutting proposed improvements are indicated on the plans. Prior to construction, the Contractor shall verify the location of existing buildings and structures and shall protect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. IX. COOPERATION AND COLLATERAL WORK The construction of Jasmine Creek Storm Drain, Phase I, coterminus with Phase II at Station 16 + 31.95, should be completed during August of 1981. In addition, certain utility contractors may perform work related to and within the limits of this project. The Contractor shall therefore cooperate and conduct his work in accordance with the provisions of Section 7 -7 of the Standard Specifications. X. WATER The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the Contractor desires to use available City water, it shall be his responsibility to make arrangements for delivery by contacting Mr. Gil Gomez at (714) 640 -2221. Water for such use is provided by the City free of charge. XI. SURFACE AND GROUNDWATER CONTROL A. Surface Water Surface runoff water containing mud, silt, or other deleterious material from the project shall be treated by filtration or retention in a settling basin or basins, sufficient to prevent such waters from directly entering storm drains or the bay. Prior to commencing construction, the Contractor shall submit a plan for implementing siltation control concurrently to the City and to the California Regional Water Quality Control Board, Santa Ana Region (6809 Indiana Avenue, Suite 200, Riverside, California 92506, telephone (714) 684 - 9330). Upon approval of the plan by the City and the Board, the Contractor shall be responsible for the implementation and mainte- nance of the control facilities. B. Groundwater Groundwater may be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowl- edges that he has investigated the risks arising from groundwater and has prepared his bid accordingly. Should significant quantities of ground- water be encountered during construction, the Contractor shall submit his plan for groundwater control to the City and the Board for approval as in Subsection A above. XII. GUARDING UNDERGROUND CONSTRUCTION: SOILS REPORT The Contractor shall obtain a permit to perform excavation or trench.work from the Division of Industrial Safety (DIS), State of California, prior to any con- struction. The Contractor shall also provide submittals to the Engineer in accordance with Sections 7 -10.4 and 2 -5.3 of the Standard Specifications. All costs incurred to obtain the DIS permit, to comply with the provisions of such permit, and to obtain the Engineer's approval shall be included in the lump sum prices bid for guarding underground construction, Bid Item No. 10. XIII 0 A geotechnical investigation was conducted and a Ward Davis Dixon for this project. A copy of the view in the City Public Works Department. 0 SP 5 of 6 report prepared by Converse report is available for re- Excavations and trenches that extend below an imaginary plane inclined at 45 degrees below the edge of nearby adjacent existing structures, such as the structures, trees to be preserved, etc., shall be properly shored to maintain positive ground support. Excavations and trenches in improved streets shall be properly shored to maintain positive ground support. CONSTRUCTION DETAILS A. Mobilization, Clearing and Other Removals This work shall be performed in accordance with the applicable requirements of Subsection 300 -1 and Section 308 of the Standard Specifications, except as modified herein: 1. All P.C.C. and A.C. removals shall be sawcut to a minimum depth of 2 inches prior to removal. 2. All material removed during clearing and grubbing; utilities recon- struction; or excavation from trench or street areas down to the subgrade plane, that is not suitable for use on this project as di- rected by the Engineer, or as otherwise specified herein, shall be- come the property of the Contractor and shall be disposed of away from the job site in a manner and at a location acceptable to cognizant agencies. Existing water mains, valves, fittings, fire hydrants, etc., that are removed by the Contractor shall, as determined by the Engineer, remain the property of the City. The Contractor shall deliver these mater- ials to the City Utilities Yard at 949 West 16th Street. Items shown to be removed and replaced in kind shall be done in accor- dance with Subsection 7 -9 of the Standard Specifications. Payment for all removals shall be included in the lump sum price for Mobilization and Clearing. 3. Since the Jasmine Creek drainage area produces a continuous stream of runoff water, the Contractor shall maintain a drainage course capable of conveying such runoff water through the alley between Iris and Jasmine Avenuesand into the existing 36 -inch R.C.P. at Fourth Avenue. All costs associated with providing and maintaining this drainage course shall be included in the lump sum price for Mobilization and Clearing. B. Storm Drain Improvements 1. Storm drain pipe and fittings shall be in accordance with Section 207- 6.2 of the Standard Specifications. The size and class shall be as shown on the Plans. • • SP6of6 2. Storm drain bedding and backfill shall conform to the City of Newport Beach STD -316 -L and Section 306 of the Standard Specifications. Imported, select, granular bedding material may be needed southwest of Pacific Coast Highway where borings indicated the subsoils generally consist of clayey material or bedrock. All costs incurred for backfill and earth work as shown on plans shall be included in the price per L.F. of pipe and additional compensation will not be made. Payment for plugging existing catch basin outlets and for modifying existing catch basins shall be part of the cost for catch basin connec- tions and included in the price per lineal foot for pipe. All costs incurred in the abandonment or removal of existing storm drain pipe shall be included in the lump sum bid for Mobilization and Clearing and additional compensation will not be made. NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 30th day of June 1981, at which time such bids shall be opened and read for JASMI E CREEK S I P II Tit e of Project 2182 Contract No. $330,000 Engineer's Estimate 1,!% • \�§411 M v Approved this 8th ,. 1981. i Wanda Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Lloyd Dalton at 640 -2281. Project Engineer l L 0 . Page la CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JASMINE CREEK STORM DRAIN, PHASE II CONTRACT NO. 2182 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 2182 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: TEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and clearing including removals as required @@ ollars and `ro Per Lump Sum 2. 978 Install 54" R.C.P. Lineal Feet 'i 4y Dollars �— and ev �D -----Cents $ MV, 1s��ea l Foot $ 6, x/80. 3. 107 Install 18" R.C.P. Lineal Feet @ Dollars y and — — — Cents $ ,S,5'L- o Per Linea oot 4. 4 Construct Manhole No. 2 per City Each of Newport Beach Std. 307 -L @ %'VV - ---dol l ars and � Cents $ 2� Each I lA E E lit �J IT UNIT PRICE WRITTEN IN WORDS 11 1 Construct curb inlet L = 13' per Each City of Newport Beach Std. 305 -L @�ii.+„tt %f7lxJ�,9'��v�ii/.�t�t� Dollars and -- Cents Each 1 Construct curb inlet L = 20' (type OL) Each per City of Newport Beach Std. 305 -L @ 4� A/Dol Iars and -Cents Each 1 Construct curb inlet L = 20' (type OL -A) Each per City of Newport Beach Std. 305 -L @ 71C rtt 1Z?4 so,,;/7/c 4,AxAao1l ars _ and z Cents Each 2 Construct grate inlet Each Dollars �T— and Cents Each Lump Sum Construct brick/ and mortar bulkhead and �— ents Per Lump Sum Lump Sum Guarding underground construction @ Tt.,-y Dollars and - .Cents Per Lump Sum Page lb PRICE $3,2-vU.� $3,2-Un. °� ,nO tro $ 3, 3eD- $ h 3 pv. $ 7�� `-0 $ /, sar. ,r4D $% $/� air ca $ Z, "a" $ 2, dZD- 0 9 Page lc ITEM QUANTITY NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. Lump Sum Traffic control @ and Cents Per Lump Sum TOTAL PRICE WRITTEN IN WORDS Dollars and Cents $ Z C2L�• $ j GlZ o� Y. Contractor's License No. 2- 6/ gZ Y /`l Z�Ua."0p / C --71r cv✓ --2�e Bidder's Name Date S" .30, / Authorized Signature /Title Bidder's Address R-) /JO}! 2-10a rNlJirL.6 /� %/70,� Bidder's Telephone NO. 2-/3 '/Z,Z -- $791 • • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL -form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy 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 or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. 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 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. ;z-6/ D%-E Contr's Lic. No. & Classification Date Bidder i orized Signatu • • Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Bidder gnature /iitie go, .0 BIDDER'S BOND LJ Page 4 KNOW ALL MEN BY THESES PRESENTS, That we,( Gf""V/V L C ,v� 7,PLG-rD,Q_i bvC - as bidder, and r'V Ao !2 /✓EoOT /T G�Ay�yrr �/ d�yC,a �/J, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of T,-17 /E,,, A/GC4-,v77iG %)C) T11 �?/O Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Title of Project 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 the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 7iy day of 19p/. (Attach acknowledgement of Attorney -in -Fact) �- �a,/-rr/���ro�s, 11/V . Bidder iihl —ed Signature /Title _ Lip L✓ 2b ✓Gl` E . WE Lf,(/O /"C Sr- J By v I✓ A41 17 C LC I. ., Title -by - `W Cf . r , ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. County of Los Angeles On this 24th ._dot- of June 7 eflt , before me, Beverly J. Sanders , a notary public in and for the State of California with principal office in the County of Los Angeles , residing therein, duly commissioned and sworn, personally appeared William A Sadler , known to me to be the parson whose name is subscribed to the within instrument as the attorney -in -fact of the Fidelitv and Deposit Companv of Marvland the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation therein as Surety, and his own name as attorney -in- tact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day an n this certificate first above written. la OFFICIAL SEAL BEVERLY J. SANDERS NO PRy t6L OFFICE NNIA LOS ANGELES COUNTY Sacs] sn MY Commission Expires Nov. 2, 1984 i i Notary Public • • SP2of6 Detours and Transitions. All detours and transitions shall be installed prior to and be approved by the Engineer before any construction begins within the roadway. The length of detour transition approach shall be a minimum of 200 feet. The Contractor shall be responsible for installing and main- taining traffic cones and barricades in their proper locations as well as traffic control signs on the approaches and throughout the work area. Traffic cones and delineators shall be used to delineate centerlines and lane lines and shall be spaced 15 feet apart throughout the transitions into and out of the detour and through the construction area. Barricades shall be used to protect the work area, to close left -turn lanes and at other locations required by the Engineer, and shall be spaced a maximum of 30 feet apart. Provide "KEEP RIGHT" (R7R) signs at each end of the transitions and at 100 -foot centers. Provide the following signs at each approach in advance of the work areas: 1 - C18R "ROAD CONSTRUCTION AHEAD" 2 - C1R "DETOUR AHEAD" Alley Closure. Storm drain construction in the alley located north of Fourth Avenue and between Jasmine and Iris Avenues will necessitate alley closure and denial of access to approximately 35 garage and parking spaces along the alley. The total duration of such alley closure shall be limited to 30 calendar days, including the pavement cure period specified in Section 302 of the Standard Specifications. Temporary No Parking. Temporary no parking is authorized along Iris Avenue and Fourth Avenue. The Contractor may post "Temporary No Parking" signs after notifying and receiving approval from the Engineer. Type of sign and method and location of posting shall be subject to the Engineer's approval. The Contractor shall notify all affected residences and business establishments at least two days prior to the posting of signs. Traffic Requirements. The traffic requirements specified herein shall apply to all phases in the construction of this project, including the placing of temporary resurfacing and restoration of permanent resurfacing. All lanes for moving traffic shall be at least 10 feet in width with clearances of 2 feet from any vertical obstruction and 5 feet from any open excavation. Traffic requirements shall apply only during the time construction is in progress. Backfilling and Plate Bridging. The Contractor shall either bridge the trench excavation using steel plates (minimum one inch thick with one foot of bearing area on each side of the trench) or backfill the trench with suitable material to support temporary traffic loading, to maintain access to business driveways and local street intersections affected by the trenching operation. Adequate signing, barricading and delineation will be utilized in either case, unless the roadway is completely opened to traffic by backfilling the trench and restoring pavement. Length of open trench shall not exceed 200 feet. V VI • • SP3of6 Fencing Around Excavation. The Contractor shall provide temporary six -foot- high chain link fence around all areas of open trench during off -work hours. Restoration of Striping and Pavement Markings. Restoration of striping and pavement markings shall bb done by the City. Flagmen. If it becomes necessary, in the opinion of the Engineer, to properly move traffic through the construction area, uniformed flagmen shall be on duty during the entire period the roadway is constricted. Payment. The cost for traffic control required for this construction project listed in the Proposal. as detailed in this section and as is included as Bid Item No. 11 of work The City has obtained project clearance from the California Regional Water Quality Control Board - -Santa Ana Region (see Section XI, Surface and Ground- water Control). The Contractor shall obtain the following permit prior to any construction; 1. Permit to perform excavation or trench work from the Division of Industrial Safety, State of California (see Section XII, Guarding Underground Construction). The Contractor shall be responsible for conducting his operations in accordance with the requirements of these permits and clearances. All costs involved in complying with the provisions of such permits and clearances shall be included in the price bid for the various items of work, and no additional compensation will be made therefor. TRUCTION SURVEY STAKING Field surveys for control of construction shall be provided by the Contractor. VII. NOTICES TO RESIDENTS Between 48 and 55 hours before closing a section of street or alley or re- stricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected residence a written notice stating when construc- tion operations will start and approximately when vehicular accessibility will be restored. Twenty -four (24) hours before shutting off water service to any residence, the Contractor shall distribute a separate written notice stating the date and time the water will be shut off and approximate time the water will be turned back on. The written notices will be prepared by the City. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES Known utilities are indicated on the plans. At least 48 hours prior to perform- ing construction work, the Contractor shall request each utility company to locate its facilities. Construction of the storm drain will cause work to be performed over, under and very near existing sewer, gas, electric, and water lines. The Contractor shall protect in place and be responsible for, at no additional cost, any damage to utilities encountered during construction of the items shown on the plans. . SP4of6 Existing structures abutting proposed improvements are indicated on the plans. Prior to construction, the Contractor shall verify the location of existing buildings and structures and shall protect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. IX. COOPERATION AND COLLATERAL WORK The construction of Jasmine Creek Storm Drain, Phase I, coterminus with Phase II at Station 16 + 31.95, should be completed during August of 1981. In addition, certain utility contractors may perform work related to and within the limits of this project. The Contractor shall therefore cooperate and conduct his work in accordance with the provisions of Section 7 -7 of the Standard Specifications. X. WATER The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the Contractor desires to use available City water, it shall be his responsibility to make arrangements for delivery by contacting Mr. Gil Gomez at (714) 640 -2221. Water for such use is provided by the City free of charge. XI. SURFACE AND GROUNDWATER CONTROL A. Surface Water Surface runoff water containing mud, silt, or other deleterious material from the project shall be treated by filtration or retention in a settling basin or basins, sufficient to prevent such waters from directly entering storm drains or the bay. Prior to commencing construction, the Contractor shall submit a plan for implementing siltation control concurrently to the City and to the California Regional Water Quality Control Board, Santa Ana Region (6809 Indiana Avenue, Suite 200, Riverside, California 92506, telephone (714) 684 - 9330). Upon approval of the plan by the City and the Board, the Contractor shall be responsible for the implementation and mainte- nance of the control facilities. B. Groundwater Groundwater may be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowl- edges that he has investigated the risks arising from groundwater and has prepared his bid accordingly. Should significant quantities of ground- water be encountered during construction, the Contractor shall submit his plan for groundwater control to the City and the Board for approval as in Subsection A above. XII. GUARDING UNDERGROUND CONSTRUCTION: SOILS REPORT The Contractor shall obtain a permit to perform excavation or trench work from the Division of Industrial Safety (DIS), State of California, prior to any con- struction. The Contractor shall also provide submittals to the Engineer in accordance with Sections 7 -10.4 and 2 -5.3 of the Standard Specifications. All costs incurred to obtain the DIS permit, to comply with the provisions of such permit, and to obtain the Engineer's approval shall be included in the lump sum prices bid for guarding underground construction, Bid Item No. 10. 0 • SP5of6 A geotechnical investigation was conducted and a report prepared by Converse Ward Davis Dixon for this project. A copy of the report is available for re- view in the City Public Works Department. Excavations and trenches that extend below an imaginary plane inclined at 45 degrees below the edge of nearby adjacent existing structures, such as the structures, trees to be preserved, etc., shall be properly shored to maintain positive ground support. Excavations and trenches in improved streets shall be properly shored to maintain positive ground support. XIII. CONSTRUCTION DETAILS A. Mobilization, Clearing and Other Removals This work shall be performed in accordance with the applicable requirements of Subsection 300 -1 and Section 308 of the Standard Specifications, except as modified herein: 1. All P.C.C. and A.C. removals shall be sawcut to a minimum depth of 2 inches prior to removal. 2. All material removed during clearing and grubbing; utilities recon- struction; or excavation from trench or street areas down to the subgrade plane, that is not suitable for use on this project as di- rected by the Engineer, or as otherwise specified herein, shall be- come the property of the Contractor and shall be disposed of away from the job site in a manner and at a location acceptable to cognizant agencies. Existing water mains, valves, fittings, fire hydrants, etc., that are removed by the Contractor shall, as determined by the Engineer, remain the property of the City. The Contractor shall deliver these mater- ials to the City Utilities Yard at 949 West 16th Street. Items shown to be removed and replaced in kind shall be done in accor- dance with Subsection 7 -9 of the Standard Specifications. Payment for all removals shall be included in the lump sum price for Mobilization and Clearing. 3. Since the Jasmine Creek drainage area produces a continuous stream of runoff water, the Contractor shall maintain a drainage course capable of conveying such runoff water through the alley between Iris and Jasmine Avenuesand into the existing 36 -inch R.C.P. at Fourth Avenue. All costs associated with providing and maintaining this drainage course shall be included in the lump sum price for Mobilization and Clearing. B. Storm Drain Improvements 1. Storm drain pipe and fittings shall be in accordance with Section 207- 6.2 of the Standard Specifications. The size and class shall be as shown on the Plans. • • SP6of6 2. Storm drain bedding and backfill shall conform to the City of Newport Beach STD -316 -L and Section 306 of the Standard Specifications. Imported, select, granular bedding material may be needed southwest of Pacific Coast Highway where borings indicated the subsoils generally consist of clayey material or bedrock. All costs incurred for backfill and earth work as shown on plans shall be included in the price per L.F. of pipe and additional compensation will not be made. Payment for plugging existing catch basin outlets and for modifying existing catch basins shall be part of the cost for catch basin connec- tions and included in the price per lineal foot for pipe. All costs incurred in the abandonment or removal of existing storm drain pipe shall be included in the lump sum bid for Mobilization and Clearing and additional compensation will not be made. • • Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Section 4205 of the Government 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 Principal and Surety above named, on the day of , 19 Approved as to form: City (Seal) Name of Contractor principal Authorized Signature and Title Authorized Signature and Title (Seal) Name of Surety Address of Surety Signature and Title of ut orized Agent Address of Agent Telephone No. of Agent 0 0 E FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That C, Page 11 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to hereinafter designated as the "Principal ", a contract for in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ($ said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. , THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. 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 to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice • . • Page 12 Faithful Performance Bond (Continued) 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 Principal and Surety above named; on the day of , 19 Approved as to form: City Attorney (Seal) Name of Contractor (Principal) Authorized Signature and Title Authorized Signature and Title (Seal) Name of Surety Address of Surety Signature and Title of Authorized Agent Address of Agent Telephone No. of Agent • CERTIFICATE OF INSURANCE • Page 13 City of Newport Beach Company 3300 Newport Boulevard Letter A Newport Beach, CA 92663 Letter B NAME AND ADDRESS OF INSURED Letter Company C Letter Company D Letter Compargy E Letter This is to certify that policies of insurance listed below ha, above and are in force at this time, including attached endor: COMPANY Policy Policy LIMITS OF LIABILITY IN THOUSANDS 000 LETTER TYPE OF INSURANCE No. Exp. Each Date Occurrence Aggregate GENERAL LIABILITY ❑ Comprehensive Form 0 Premises- Operations Bodily Injury $ $ ❑ Explosion & Collapse Hazard Property Damge $ $ ❑ Underground Hazard ❑ Products /Completed - Operations Hazard Bodily Injury ❑ Contractual Insurance and Property $ S ❑ Broad Form Property Damage ama a Combined ❑ Independent Contractors 0 Personal Injury Personal Injury S 0 Marine ❑ Aviation AUTOMOTIVE LIABILITY ❑ Comprehensive Form Bodily Injury Each Person $ INNEEM - E] Owned s Bodily Injury Each Occurrence ❑ Hired Pro ert Dame a =�\ o y njury and Property Damage f p Non -owned -. Combined EXCESS LIABILITY E] Unbrella Form El Other than Umbrella Form Bodily Injury and Property Damage Combined $ $ WORKERS ' COMPENSATIUN Statutory and ttach EMPLOYER'S LIABILITY Accident NOTE: The Comprehensive General Liability or (and) Automotive Liability policy(s) is (are) endorsed with the attached City of Newport Beach Endorsement(s). CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the certificate holder by ma 11, By Agency: Authorized Representative to ssu Description of operations /locations /vehicles: All operations performed or the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Project title and contract number amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter % in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: (Project Title and Contract No.). This endorsement is effective at 12:01 A.M. and forms a part of Policy No. Named Insured Endorsement No. Name of Insurance Company By Authorized epresentat ve CITY OF NEWPORT BEACH • Page 15 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will 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 the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining . to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined occurrence occurrence $ each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Project Title and Contract No. This endorsement is effective at 12:01 A.M. and forms a part of Policy No. Named Insured Endorsement No. Name of Insurance Company By Authorized Representative . • Page 16 CONTRACT THIS AGREEMENT, entered into this day of , 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City,— an—"�d , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of This compensation includes (I )—any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following:. (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) • • Page 17 (f) Plans and Special Provisions for Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH m ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Contractor By Its By Its CITY CONTRACTOR • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR JASMINE CREEK STORM DRAIN, PHASE II CONTRACT NO. 2182 INDEX TO SPECIAL PROVISIONS Section Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . 1 V. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . 3 VII. NOTICES TO RESIDENTS . . . . . . . . . . . . . . . . . . . . 3 VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES. . . . . . . 3 IX. COOPERATION AND COLLATERAL WORK . . . . . . . . . . . . . . . 4 X. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XI. SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . . . . . 4 A. Surface Water . . . . . . . . . . . . . . . . . . . . . . 4 B. Groundwater . . . . . . . . . . . . . . . . . . . . . . . 4 XII. GUARDING UNDERGROUND CONSTRUCTION: SOILS REPORT. . . . . . . 4 XIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . 5 A. Mobilization, Clearing and Other Removals. . . . . . . . 5 B. Storm Drain Improvements . . . . . . . . . . . . . . . . 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR JASMINE CREEK STORM DRAIN, PHASE II CONTRACT NO. 2182 SCOPE OF WORK SP 1 of 6 The work to be done under this contract consists of constructing storm drain pipe, manholes, catch basins, connector pipes and appurtenant structures as shown on the plans. Also _included is the construction of 6 -inch P.C.C. on A.B. alley. The contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing No. D- 5123 -S); the Standard Special Provisions and Standard Drawings for Public Works Construction, 1980 Edition; and the Standard Specifications (Standard Specifications for Public Works Construction, 1979 Edition), copies of which are available at Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. Copies of the City's Standard Special Provisions and Drawings may be purchased at the Public Works Department. II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK The Contractor shall complete all work on the contract within 75 consecutive calendar days after award of the contract by the City Council and as specified in Section 6 of the Standard Specifications. III. PAYMENT The unit or lump sum price for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, survey, etc., 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 pro- posal, shall be included in the price bid for other related items of work. IV. TRAFFIC CONTROL AND ACCESS General. Traffic and access shall comply with Section 7 -10 of the "Standard Specifications for Public Works Construction" and the requirements set forth herein. Traffic Plan. After notification of award and at least 5 calendar days prior to start of construction, the Contractor shall submit to the Engineer, for approval, his proposed traffic plan. A minimum traffic plan is included here- in and on the drawings; however, this plan is not mandatory and is included to indicate the required level of detail on a traffic plan submitted. The Contractor shall be fully responsible for the adequacy of any traffic plan utilized, including the suggested plan, for conformance with his intended con- struction schedule and staging and to provide for its proper implementation. AA Power or Attorney FIDELITY ANTI DEPOSIT (:OMPANY Of MARYLAND HOME OFFICE, BALTIMORE, MD. KNOw ALI, MEN By Timsr PRESENTS: That the FIDELITY AND Dh POStr COMPANY OF MARYLAND, it Corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice - President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice - Presidents, or any one of the additional Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents, Resident Assistant Secretarie3 and Attornevs -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company an), bonds, undertalci Figs, recognizances, stipulations, policies, contracts, agreements, deeds,'and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint William A. Sadler of Los Angeles, s rue and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ............... - n Ie execution of such bonds or undertalciugs in pursuance of dlese presents, shah be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its oil-ice in Baltimore, Md., in their own proper persons. The said assistant Secretary does hereby certify that the aGxegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOs1T COMPANY OF MARYLAND, this 2 -rd - December -° -.. -.- .__day of- ------- --- ------- --- ---- ._. -------------------- A. D. 19...76... TIAliLITY AND DEPOSIT COMPANY OF MARYLAND ATTEST ISEAL.i; Assistant Secretary Vice - President STATE 05 Mt.xYLAND ss: City of 13 „LTtaloltE on this 23rd clay of December A. 1). 19 76 before tile subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, July commissioner) and qualified, came the above -named Vice - President and Assistant SecretarV of the FIDELCCY AND DF.rosiT COMPANY OF MARYLAND, to ale {icrsc +naliyknnwn to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duty sworn, severally and each for himself depo=.eth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by tile. authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore., the day and year first above written, ,,.•o ...'T T Fly Notary Public Commission Expires-July 1,.- _19.7.8 °Ct :PUDl1 C,' 2: CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF NIARVLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OP MARYLAND. '[his Certificate may he signed by (Acsimile under and by authority of the fo((owing resolution of the Board of, Directofs of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND of a meeting duty called and held oil the lGth day of July, 1969. 1 RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Cniupany; whether made heretofore or hereafter, w1a,mver appearing upon a certified copy of airy power of attorucy issued by the Co nparly, 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 Co4iflany, this 24th day of....... _.................... SUne 81 ------------------ 1 L1419 —Ctf. 201996 \- Assistant • • Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to this 36 day of 19 �! . My commission expires: op-4- 10. 4 ¢ Yr CHANNEL CONSTRUCTORS, M Bidder OFFICIAL sP-r,t ALVA C. VIARREN NGY2:tY VLILIC -- C'i:G 9R F:4 PR:.`i'C'PAL GFFIC;l -N ry 0 • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Bidder gna Page 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 Completed. For Whom Performed (Detail) Person to Contact Telephone No. Rirl rlen WA 8 -6 Fgz i73-joz3 77 = -I�zs � L; A.as NOTICE The following are samples completed and executed by the letter of award from the City 0 of contract documents which shall be successful bidder after he receives a of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13,14 & 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. All.costs associated with documents shall be absorbed in include those contained in (1) Standard Specifications for Pu the specifications of these co the bid. Such specifications each contract document and (2) lic Works Construction (latest aaopzea Tor use in zne 1,11y or Newport Beach), except as supp or modified by the Special Provisions for th project. ntract shall the edition lemented PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That • Page 9 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to hereinafter designated as the "Principal ", a contract for in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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, as Principal, as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Doll ars.($ ), said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, 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 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon • • Jul 1 ' IQRI 8.,yyam� the �_, i r COUiv:._ FROM: Public Works Department SUBJECT: JASMINE CREEK STORM DRAIN, PHASE II (C -2182) RECOMMENDATION: M July 14, 1981 CITY COUNC)J. GENDAI ITEM N0. �/ Adopt a resolution awarding Contract No. 2182 to Channel Constructors, Inc., for $197,430 and authorizing the Mayor and the City Clerk to execute the Contract. DISCUSSION: At 11:00 A.M. on June 30, 1981, the City Clerk opened and read the following bids for this project: BID BID POSITION BIDDER AMOUNT 1. Channel Constructors, Inc. $197,430 2. G. R. Frost, Inc. 230,676 3. Mike Prlich and Sons 233,300 4. Globe Const. Co. & Martin Plotkin, J.V. 243,840 5. Peter C. David Co. 247,984 6. Mark Dakovich Inc. 249,381 7. John T. Malloy & John T. Malloy, Inc., J.V. 260,729 8. Chino Pipeline 266,666 9. Sully- Miller Contracting Company 283,885 10. Christeve Corp. 292,372 It appears that the unusually low bid (15% below bid position 2 and 40% below the Engineer's estimate) is due to (1) a slackening of inflation of construction costs since the estimate was prepared last December, (2) con- tractor's willingness to perform work at little or no profit during the current public works construction downturn, and (3) an approximate $10,000 clerical error in the low bid computation. • Channel Constructors, Inc., the low bidder, has affirmed its desire to complete this project in accordance with the contract. Although Channel has not performed previous contract work for the City, a check of their refer- ences has indicated that they are a well qualified contractor who has success- fully completed similar projects for other southern California agencies. 0 July 14, 1981 Subject: Jasmine Creek Storm Drain Phase II Page 2 Jasmine Creek Storm Drain, Phase II, joins the current construction of Phase I at approximately 50 feet north of Pacific Coast Highway in Iris Avenue. Phase II then extends northbound to Fourth Avenue, eastward to the first alley, then northward in the alley to join an existing 48- inch - diameter reinforced concrete pipe approximately 80 feet south of Fifth Avenue (See attached sketch). With the completion of Phase II construction, storm runoff from the entire drainage area, approximately 490 acres, will flow through the new pipe system to the existing drain in Bayside Drive. The existing inadequate- sized, deteriorated, and inaccessible pipe system will be sealed and abandoned in place at Fourth Avenue between Iris and Jasmine Avenues. Plans, special provisions and estimate for this project and for Phase and the upstream inlet were prepared by Alderman, Swift and Lewis, Consulting Engineers. Construction should begin in September and be completed in October. Benjamin B. Nolan Public Works Director LRD:jo Att • • 3 0 C • b 9 a � 4 io \4 i %N ] ' , i 1.� view N z PEfY'�C frnNG PU J,P1 t... DAM r F--j L 1L I t � J IWPBOR YIRW J ALEVZV.749Y {1 SCAVOL ROPOSED II G T S S�U3 l •JLL> j51L ,` /& / 5 r y� �s`„icT ``�•F INLET °v CN CN CA Ca D, CL C °� L� ff�� EXISt n T. JAn SMINE �R€Eu Ly ATERA�L L4 V C�C�C� L J E L L I L -1MV L14 L m E J L �rl V • PREPARED 8Y� CITY OF � ���.� p4129 r6 BEACH. ' LOCATION OF, ERMAN,SWIFT & LEWIS I JASMINE CREEK STORM DRAIN CONSULTING ENGINEERS PH A9 E 14 IZ a PROPOSED STORM DRAINS PLATE 2 zl 9L, D� •�, �1, ,H�F��, I �� \4 i %N ] ' , i 1.� view N z PEfY'�C frnNG PU J,P1 t... DAM r F--j L 1L I t � J IWPBOR YIRW J ALEVZV.749Y {1 SCAVOL ROPOSED II G T S S�U3 l •JLL> j51L ,` /& / 5 r y� �s`„icT ``�•F INLET °v CN CN CA Ca D, CL C °� L� ff�� EXISt n T. JAn SMINE �R€Eu Ly ATERA�L L4 V C�C�C� L J E L L I L -1MV L14 L m E J L �rl V • PREPARED 8Y� CITY OF � ���.� p4129 r6 BEACH. ' LOCATION OF, ERMAN,SWIFT & LEWIS I JASMINE CREEK STORM DRAIN CONSULTING ENGINEERS PH A9 E 14 IZ a PROPOSED STORM DRAINS PLATE 2 0 RESOLUTION NO.1.:� f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT (NO. C -2182) TO CHANNEL CONSTRUCTORS, INC., IN CONNECTION WITH JASMINE CREEK STORM DRAIN, PHASE II WHEREAS, pursuant to the notice inviting bids for work in connection with Jasmine Creek Storm Drain, Phase II (C -2182) and the plans and specifications heretofore adopted, bids were received on the 30th day of June, 1981 at 11:00 a.m., and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is CHANNEL CONSTRUCTORS, INC. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of CHANNEL CONSTRUCTORS, INC., in the amount of $197,430 be accepted, and that the contract for the described work (Contract No. C -2182) be awarded to said bidder; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this day of ?0L 14 , 1981. ATTEST: City Clerk Mayor HRC /pr 7/14/81 0 THE NEW PORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. ss. County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the aae of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: June 10, 1981 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport $each, California, thisl0 day of Junel9 81 Signature THE NEWPORT ENSIGN 2721 E. Coast Hwv., Corona del Mar, California 92625. • This space is for the County Clerk's Filing Stamp A Notice Proof of Publication of Contract # 2182 PUBLIC NOTICE NOTICE INVITING BIDS Seated bids may b .ec.tved el the o1Bce of the City Clerk, 33W N.wpon Howwud, Newpon Beach, CA 92663 and 11 a.m. on the 30th day of Ina., 1981, at which Bmb such bid. shat be openedandreadte.' JASMINE CBEER STORM DRAIN, PHASE U Conl.aal No. 2182 BnV1aM.'s &tim.le: $330,000 Approved by the City C...d 1hL 8th day o1 love, 1883. Weada 8: And..., City Clink. P.o.P.cOn bidden may obtain one .W of bid docum.at. at .a ood at tha .Mo. of the PubOC Work. Depanmenl, 3300 Newport 8ouleve.d, Newport Beach, CA 82663. Po, further intonation., call Lloyd Delta , projeal..Vinee., at 60.2281. PubWb: 1.. 10. 1881 da The N.wpon 6vuVa. NE895 PROOF OF PUBLICATION 7- 409SNG -0 a- _a TO: CITY COUNCIL •• •41 VD MU 3d JUN 81'+?1 /%y/ FROM: Public Works Department By U» CITY COUNCIL CITY OF NSEWPORT AFACH SUBJECT: JASMINE CREEK STORM DRAIN, PHASE II (C -2182) RECOMMENDATIONS: ORIGINAL June 8, 1981 CITY COUNCIL AGENDA ITEM N0. -/1 1. Accept the Negative Declaration of Environmental Impact 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 30, 1981. DISCUSSION: On May 27, 1981, the City Council instructed staff to proceed with the preparation of contract documents for the construction of Jasmine Creek Storm Drain, Phase II, and to construct Phase II during the 1981 -82 fiscal year. Phase II joins the current construction of Phase I at approximately 50 feet north of Pacific Coast Highway in Iris Avenue. Phase II then extends northbound to Fourth Avenue, eastward to the first alley, then northward in the alley to join an existing 48- inch - diameter reinforced concrete pipe approximately 80 feet south of Fifth Avenue (see attached sketch). With the completion of Phase II construction, storm runoff from the entire drainage area, approximately 490 acres, will flow through the new pipe system to the existing drain in Bayside Drive. The existing inadequate- sized, deteriorated, and inaccessible pipe system will be sealed and abandoned in place at Fourth Avenue between Iris and Jasmine Avenues. The Engineer's estimate for construction of Phase II is $330,000. The proposed 1981 -82 fiscal year budget includes a $330,000 appropriation for Phase II. It is staff opinion that a prompt July award of Phase II will (1) take advantage of the present competitive bidding situation in this area, thereby resulting in lower bid totals; (2) minimize the inflationary erosion effect upon this sizable appropriation; and (3) enable completion of the new pipe system prior to next winter's storm season, thereby alleviating possible storm damage in Corona del Mar. A Negative Declaration has been prepared by the Public Works Department, approved by the Environmental Affairs Committee, and published by the City Clerk. A copy is attached for reference. The initial study, including the environmental checklist form, is also attached for reference. Project clearance has been obtained from the California Regional Water Control Board. June 8, 1981 • • 041 SUBJECT: JASMINE CREEK STORM DRAIN, PHASE II (C -2182) Page 2 Plans, special provisions and estimate for this project and for Phase I and the upstream inlet were prepared by Alderman, Swift and Lewis, Consulting Engineers. Construction should begin in August and be completed in October. JZ41/ J. x� Benjamin B. Nolan Public Works Director LRD:jo Att. J y 0 i 1, ' c„ ����• -mil -.• �- . •_. � -M1� �\ k'•'YEC.FC� K� �'1'. 1� 11 /// �J / _ t•c �r i Cif � //r �rr 1 .'I+4e 17r ¢M� // <t1 l^4'. •,. -. -.j a 7� YW\ % 7 2 y? IL r , C YS Jl 1 �"'n'. l v e a N C 44ReOR � � _ D � 1•� �. � VIEW /( C -��' 1 :: "'t�s,, ; a.0 DP oaw i PBS J+ s� ol �j- ;. A,ELmiE 0 I !J __ r !./Q,P,WR Y/EW bL6hlFNTQRY SCAJ00L INLET Dlc. 4y, r I LII C° CQ C� C OiJ EX S JASMINE r� j RuELKjLIIALTERA,IJ. • �uii�uuuC�CUC� ,•�• L CI �AYSJ D� 11 L 6� c i/ ® *Fti D r-E PREPARED BY: CITY OF NEWPORT BEACH. LOCATION OF` >LDERMAN,SWIFT RI LEWIS JASMINE CREEK STORM DRAIN +EXISTING & PROPOSED CONSUL7ING ENGINEERS PHASE j STORM 'DRAINS'. 4WO INLET PLATE N 00 00 JASMINE CREEK STORM DRAIN PHASE II C -2181 NEGATIVE DECLARATION BY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROJECT LOCATION: The project origin is at a join to Jasmine Creek Storm Drain, Phase I, located in Iris Avenue 50 feet north of Pacific Coast Highway. The project extends northward in Iris Avenue to Fourth Avenue, thence eastward to the first alley, thence northward in the alley to join an existing conduit 80 feet south of Fifth Avenue. PROJECT DESCRIPTION: Approximately 991 linear feet of 54 -inch diameter reinforced concrete pipe RCP and appurtenant structures are to be placed in trenches along the project location described above. Three new catch basins with 18 -inch diameter RCP will be installed along Iris Avenue to convey surface runoff into the 54 -inch RCP. The existing 36 -inch drain- age conduit in the alley north of Fourth Avenue will be removed to 80 feet south of Fifth Avenue, and 272 linear feet of alley will be repaved. Two grate inlets within the alley will be rebuilt to convey alley runoff into the 54 -inch RCP. Upon completion of work on the 54 -inch RCP, the existing 36 -inch diameter conduit will be sealed and abandoned in place at Fourth Avenue. PROJECT GOALS: The project will provide (1) increased capacity for storm water runoff, thereby eliminating recurrent flooding of certain commercial and residential property in old Corona del Mar, (2) access from city streets to inspect, maintain and repair the storm drain, in contrast with the existing storm drain, much of which was repaired by City forces, and (3) new storm drain conduit to bypass and replace deteriorated sections of the existing storm drain conduit. 4. EFFECT ON THE ENVIRONMENT: There will be no significant long -term irrevers- ible or irretrievable effects on the environment. There will be minimal, acceptable short -term disturbances of the environment due to construction activity. 5. BASIS FOR NEGATIVE: This project is consistent with the General Plan of the City of Newport Beach and could not have a significant effect on the environment. 6. INITIAL STUDY: The City of Newport Beach Public Works Department has prepared this Negative Declaration and its Initial Study in accordance with Article 7, Chapter 3, Guidelines for Implementation of the California Envir T ental Quality Act of 1970. Copies of the Initial Study may be obtained fr said department during normal business hours. Benjamin B. Nolan Public Works Director LRD:jo 5/27/81 JASMINE CREEK STORM DRAIN, PHASE II (C -2182) INITIAL STUDY BY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONFORMANCE WITH THE GENERAL PLAN This project is in accord with the General Plan of the City of Newport Beach in particular, the "Conservation of Natural Resources Element" and the "Public Safety Element." B. ENVIRONMENTAL CHECKLIST FORM An Environmental Checklist Form (Appendix I-- attached) has been completed as a portion of this study. The following statements, referenced to questions presented on the checklist, explain all "yes" and "maybe" answers: II.I.b Disruption of native soils under pavement is required for the placement of approximately 991 linear,feet of 54 -inch diameter pipe. However, native soil will be replaced and recompacted to approximately match the existing earth compaction, and the surface will be repaved to match existing. II.3.b Depending on intensity and duration of rainfall, the rate of surface runoff within the alley between Jasmine and Iris Avenues and north of Fourth Avenue could increase. Such increases could occur since the new drainage pipe will pro- vide increased capacity for runoff, thereby eliminating the runoff "bottleneck" heretofore experienced at this location. However, absorption rates, drainage patterns and amount of surface water runoff within the drainage area will be unaltered. II.3.c Flood waters previously contained in approximately 500 linear feet of storm drain pipe located primarily under residential property between Jasmine and Iris Avenues will be rerouted to flow through pipe placed under Iris Avenue and Fourth Avenue. The origin and terminus of flood water flow is to remain unaltered. May 27, 1981 •• 0• I I II. 11 APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To be completed by Lead Agency) BACKGROUND 1. Name of Proponent 2. Address and Phone r 3. Date of Checklist Submitted May t7. 19i1 4. Agency Requiring Checklist d�7a' Noach 5. Name of Proposal, if applica __g" n_ co-g" P , ,-Ay ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes In deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? YES MAYBE NO K — x X X X X K — x 0 �xr? - 0 I2 YES MAYBE NO g. Exposure of people or property to geologic hazards such as earthquakes, landslides, rnudslides, ground failure, or similar hazards'? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality'? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 3. Water. rlill the proposal result ir.: a. Glances in currents, or the course or direction of water movements, in eiLner marine or fresh waters'? ,,. Changes in absorption rates, drainaCe patterzn, or the rate ana amount of surface water runoff. C. Alterations Lo the course or flora of flood 'viat,:ro? d. Change in the amount of surface wat,,: in any :eater bode'? c. i:ise'harge into zur£ace ::atcr::, or, iii an;; alteration of urfure ,aatcr quality, including but not iimiteu to termperature, dissolved oxygen or t..0 6idita"':' 1', i, itur•ati :r: of thc. u.ir ct.ior: or rate of flow of ground waters-? Cl;ante in the .juantit;i of ground oater•c, either thr•oui;n direct addition;: or aithJra:vals, or- through interception o£ an aquifer b,. cut, or e:: ,:avation:: , F-A x .L 9 X X K K /! X U 13 YES MAYBE NO h. Substantial reduction in the amount of water otherwise available for public water supplies? X I. Exposure of people or property to water related hazards such as flooding or tidal waves? x 4, Plant Life. Will the proposal result TH:— a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? x C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? J_ 5. Animal Life. Will the proposal resu n: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals Including reptiles, fish and shellfish, benthic or anisms, insects or microfaunag? — _y b. Reduction of the numbers of any unique, rare or endangered species of animals? — K C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? — X 11 • -;Sy. • 14 YES MAYBE NO 6. Noise. Will the proposal result in: a. Increases in existing noise X levels? b. Exposure of people to severe noise levels? W 7. Light and Glare. Will the proposal produce new light or glare? X 8. Land Use. Will the proposal result in as substantial alteration of the present or planned land use of an area? K 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resource? K lU. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including„ but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 1 ?.. Population. Will the proposal alter the location, distribution, density, or grov,th rate of the human popu- lation of an area? 1 ?.. Housing. Will the proposal affect exist -ing housin[;, or create a demand for- additional housing'? � Transportation /Circ:ula"ion. !dill tnc fmoposa] result in: a. Generation of substantial addi- tional vehicular movement? Y _X •, tf w r, n f C b, Effects on existing parking facilit:ics, or deman-0.. for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movez:nent of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase In traffic hazards to motor vehicles, b.'i.cyclists . or pedestrians? ` 114. Public Services. Will the proposal have an c� e`- ct upon, or result in a need for new or altered govern- mental services In any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facili- ties,'including roads? f. Other. governr: .,tal services? 15. EneraL - V)ill the proposal result: in: a. Use of substantial amounts of fuel or energy? b. Substantial increase In demand upon existing :svur.ces of energy, - or require the development of new sources of energy? YES i i'i YF3i, NO A _X X — _ _Y_ X 16 YES MAYBE NO 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? �( b. Communications systems? X C. Water? d. Sewer or septic tanks? t e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal re s u7�� . a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? 13. Aesthetics. Wiil the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ _ -X_ 1 Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Archeological /Historical. Will the proposal result in an alteration of a :;ignificai t trcheologi.cal or, i.istorlcal Bite, :'trncti ire, object or building? X 11 17 YES MAYBE NO 21. Mandatory Findings of Significance. (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the poten- tial to achieve short -term, to the disadvantage of long -term, environ- mental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future.) c. Does the project have Impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environ- mental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X X k X