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HomeMy WebLinkAboutC-2411 - Inspiration Point Landscape Improvement, Bluff Restorationog �o c N m rata C! m C,"f ►FS SENT Ttk N ❑ Mayor m ❑ ancilm" ., o �manager- 1 m 7Attorneym y �' ❑ Bldg. Dlr5 v GenSery ❑M, &R0 p PtannE lr. c» p Police CtRef dPA Mr' &Other v_ v D N r as O-<= =z mO - -O mCCG7, -1 Z�Z —IC7 �TOC*m a-< o�=Zo -O ya70z= m z w = CA a m O C7" �Oy z°masz O Z --4 -�_C -h z Z0 =Zw r maOaCO2 m m c m C/A CO2 a mOm --IC m^000Zm° � M C4 3zmCD Z C y -n= A' O�CO c� m c p° 3 zmzz m 310 --1 � = y co 0 a I w I n 0 ON CX Cr O C CL 0 m 0 Q CD x 0 co 0 w 0 CL C 0 n. 0m N 7 t' fD �l v £ P w CD w C C1 F m Co Co nm CD to w m � 0. w O7 n 0 �0 W p m S 0 su 7 7 O CD N Os N e g° 0 v �o o CD 0 7 m C a CD Ca ro CD CD 0. 7 SD N w �o o � p m � S3 w � N � w C n O G -4 O r n m =a "z "v e � m r Nm N CO) "c O z —n r a m 0 11 0 LL LL O W U 4 LL r O W tG K U N W O 0 W CL 0 w p F r J O � W Z Q cc a O W U. 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CenSery Dir. ❑ R 16 & Dir 0 Fiannin Dir. ❑ Police c1liet UNC,ONDI%tg'L WAIVER AND RELEASE UPON PROGRESS PAYMENT The undersigned has been paid and has received a progress payment in the sum of $ for labor, services, equipment or material furnished to on the job of located at Description) and does hereby release pro tanto* any mechanic's lien, stop notice or bond right that the undersigned has on the above referenced job to the following extent. This release covers a progress payment for labor, services, equipment or materials furnished t Z-411'25WI120,67 through (your Customer) (Date) only and does not cover any retention or items furnished after that date. Dated: US RENTALS (Cam ny Name) m v J J. cha4211a-vacky I/ Credit Manager NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM." ch ;-aa-tar as it goes. Fors"6 u,-mush: --asmaY be US RMM& W— P.O. BOX 8068. FOUNTAIN VAU&, CALIFORNIA 728-8068 92 , (714) 848-2428 CITY OF NEWPORT B BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 19, 1989 (714) 644 -3005 Gateway Landscape Construction, Inc. 6300 Indiana Avenue Long Beach, CA 90805 Subject: Surety: Employers Insurance of Wausau, a Mutual Company Bonds No.: 0650 68 040416 Contract No.: C -2411 Project: Inspiration Point Landscape Improvement and Bluff Restoration The City Council of Newport Beach on August 14, 1989, 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 has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on August 25, 1989, Reference No. 89- 456164. sin erely, Irene Butler Assistant City Clerk IB:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach DING REQUESTED BY AND .a RECORDED RETURN T0: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 41EMPT RECORDING REQUEST PER GOVERNMENT CODE ,6103 EXEMPT � RECEIVED C8 1 18 NS K CF. oj�"CO ON PUBLIC Vv�KS 8456164 RECORDED IN OFFIOLM RECORDS OF ORANOR COUNTY, CAUFORNIA 3:00 AUG 2 5 1989 4 a. 96...,(RECORDER I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 28, 1989 the Public Works project consisting of Inspiration Point Landscape Tmnrovemant _ and Bluff Restoration - Contract No. 2411 on which Gateway Constructi was the contractor, and Empl was the surety, was completed. I, the undersigned, say: of VERIFICATION M OF NEWPORT �BFACH ,. )4G1 Public 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 August 24 19.89 at Newport Beach, California. ar' :!v- N �V )Zh 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 August 14, 1989 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 A „g„Gt 24s t 9R9 at Newport Beach, California. F"Wral-A - - ' =Wx- 0 A • August 14, 1989 CITY COUNCIL AGENDA ITEM NO. F -12 EY Tf' f,ITY COUNCIL CITY OF'iWc OIT 3EACI': TO: CITY COUNCIL AUG 14 1989 ._.._APP -11fim - FROM: Public Works Department SUBJECT: ACCEPTANCE OF INSPIRATION..POINT LANDSCAPE IMPROVEMENTS AND BLUFF RESTORATION - (C -2411) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: • The contract for the construction of the Inspiration Point pathway and filling of the wave cut cave has been completed to the satisfaction of the Public Works Department. The Bid Price was $310,300.00 Amount of Unit Price Items constructed 316,163.75 Amount of Change Orders - 10,306.96 Total Contract Cost $305,856.79 The increase in the amount of the unit price items resulted from additional debris to be hauled away and the need for additional rock rip -rap at the bottom of the trail. Six Change Orders were issued. The first, in the amount of $1,129.87, provided for adjustment of the sewer main grade and construction of the connection to a house lateral at the lower end of the pathway. The second, a credit of - $1,900.00, provided for a reduction in the amount of color added to the concrete for the path and walls. The third, in the amount of $1,350.00, provided for a change in the bench material from Douglas Fir to Apitong, a more durable species of wood. The fourth, a credit of - $7,700.00, provided for • deletion of the plant materials at the request of the State Division of Parks. The planting will be performed by a native plant specialist under separate contract and under the supervision of the State Parks' staff. The fifth, in the amount of $1,313.17, provided for the filling of an additional wave cut cave found while excavating for those included in the contract. The sixth, a credit of - $4,500.00, provided for the deletion of the hydro - seeding of the slope and the maintenance thereof. I Subject: Acceptance of Inspiration Point Landscape Improvements and Bluff Restoration - (C -2411) August 14, 1989 Page 2 Funds for the project were budgeted in the General Fund, Account Nos. 02- 5588 -102 and 02- 7797 -314; and the Parks and Recreation Fund, Account No. 10- 7797 -070. The contractor is Gateway Construction, Inc. of Long Beach. The contract date of completion was November 11, 1988. The contractor was delayed in starting by nearly one month while awaiting final approvals from the various State agencies. Due to the limited access to the site, the pathway construction was considerably more difficult and time consuming than had been anticipated. In addition much of the alignment and grade was designed in the field by the contractor and City's inspector as the work progressed. The work was completed on March 28, 1989. J,/u Benjamin B. Nolan Public Works Director PD:so • 1 Stop Notice • NOTICE TO City of Newport Beach, City Controller Now PO Box 1768 Newport Beach, CA. 92658 -8915 (Public Body or Lender) I - 1'I Of Public Job — file with office of controller, auditor, or other public disbursing officer whose duty Ris to �I under provisions of the contract.) !&M �ftf (If Private Job — file with responsible officer or person at office or branch of construction leer admma t e construction funds.) Prime Contractor: Gateway Construction Sub Contractor (If Any) Gateway Landscape Construction Owner or Public Body: City ot Newport Beach Improvement known as inspiration Point, orchard/ocean, Newport Beacn (name and address of pro leer or work of improvement) in the City of Newport e . ach County I Orange Stale of �a�forlda. US RENTALS, INC. claimant,a Corporation (Cfalmant) (Corporation Partnership Sole Proprietorship) furnished certain labor, service, equipment or materials used In the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is Gateway Landscape Construction 6300 Indiana, Long Beach CA 90805 (Name of Subronfraetor .n rmaor Owner- BulfdaI The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant war various rental equipment (Describe In derail) 4,134.80 Total value of labor, service, equipment or materials agreed to be furnished .......... S Total value of labor, service, equipment or materials actually furnished Is ........... S 4,134.80 Credit for materials returned, if any ........ ..... . .. ...... . .. ... $ Amount paid on account, If any .... . .. ....... . .... ............ $ — ° — Amount due after deducting all just credits and offsets .... .. .. .. .. .... .... $ ' YOU ARE IIEREOY NOTIFIED to withh�ldls1facf" monies held by you on the above described project to satisfy claimant's demand in the amount of $ ' as provided in Sections 3156 thru 3214 of the Civil Code, and In addition thereto sums sufficient to cover Interest, court costs and reasonable costs of litigation, as provided by la-.v. A bond is not attached. (Bond required on private jobs — not on public jobs.) /!f Is nor) Date 7-31 -89 Name of Claimant US Rental Inc. b am y re 1 mana r (ONLiaxerpacityl Verification for Partnership or Sole Ownership STATE OF CALIFORNIA COUNTY OF 1 SS. (Claimant or Representative) being first duly sworn deposes and says that he Is (Owner, JVrrna or Agent) or (Firm Name) named as claimant in the foregoing claim; that he has road said cWm and knows the wntents thereof, and that the facts therein stated are true. X (Signature of AJJ'mnr) Date Subscribed and sworn to before me this MR day or . aa.,....,19- 0 councilmen (Stgrorwe of Notary fLblrrb Attorney Notary O Bldg. Dir. Sump o (enSevv Dir. ❑f'u &RDir. [3 planning Dir. Original of above notice received this BMDCA FORM 4IREV. 8-74) VerincatlOn for Corpontlon STATE OF CALIFORNIA COUNTY OF Ogl eW&F 1 } SS. ,% /PrfAEL .4vi9CK (Claimant or ReprcrenrotiveJ — being tbrt duly ewom depoxs and says that _he Ism � ��i _ ir/.r v19 662 (Official Cepadly) or L/. S , K.ENTALS .SNC , the nor on makes fhb i has read ash facts therew day or Notary Stamp (Exact Corporare Name) the Contents thereof, and that _� J __., '.1, / /br- to before me this ,19— OFFICIAL $M 'J,•_':; LISA MARIE JEFFERSON NOTARY PUBLIC - CFLIFpnNA ...� PRINCIPAL OFFICE as of . -- air Commisian E* May ]1,1990 9— t- - -- - - - - Auk -- - - - - -- - - - -- - - -- - STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS of owner, construction lender or public officer) of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, has furnished or has agreed to of the following ;v- ete (Name and address) erurce %— 8081 5 (labor, services, equipment, materials) y 4 V RECEIVED JUL 20 l HOLDER OF FUNDS. (general description of labor, services, equipment or materials) / U>, �C. to or forS�c ✓�e w 1 C o �c suit t o ICIt ti CA New 'A for the work Improvement, located at, or known as: (name of Der//son to or for whom fur ished)� —� —// CJfv\�QP (7reCt rcl V 11 Cv' ^C CA M(,L (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ Ll 5 � 5 U The amount in value of that already done or furnished by claimant is $ 51 Claimant has been paid the sum of $ and there remains due and unpaid the sum of $ X15% SCE plus interest thereon at the rate of--/- cent per annum from 3 l 19(3 S_. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: STATE OF CALIFORNIA I COUNTY OF ��^ a R - t ss. swCKe'hll �w�cr((r`ati C °'^`'r�''�e Name of Claimant w a J y v N '0 C, ,, of" Mdress/of Claimant A-K4,40 r+7 6 0 ri d -8vo -6 �w�g8F16, 4�njE'2 u nl V, R U10 /t (� /r/. e ft C CQ / c A 013Y 13000 O , being duly sworn, deposes and says: That 6-he is the person(s) who signed the foregoing Stop Notice; that -$ he has read the same and knows the contents thereof to be true of h2t�- own knowledge, except as to any matters or things that may therein be stated on he-Y, information and belief and as to those matters and things the believes them to be true. Subscribed and sworn to before me this �. day of � , 19�. ,!; , OFFICIAL SEAL azz. 4= ?' WENDY LEE BURGIN a' Notary Publk.- lnomfa of ry Public and in and for said a ORANGE COUNTY My Cofml. Esp. Mar. 12, 1981 1111+ standard form oovers mast usual poblma ha the field ludka uL Before yes sigh read ft, etl In all blanks, STOP NOTfCE and make changes pop r to your trawaetlon. Consult a lawyer If yon dmbt the forma amass for your pvpse. WOLCOTTS FORM 09- lauv. 1 -73 (price class al 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 't'ticr -<1- TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: September 16, 1988 SUBJECT: Contract No. C -2411 Description of Contract Inspiration Point Landscape Improvement and Bluff Restoration Effective date of Contract September 15, 1988 Authorized by Minute Action, approved on August 22, 1988 Contract with Gateway taeidscape Construction, Inc. Address 6300 Indiana Avenue Long Beach, CA 90805 Amount of Contract $310,300.00 (mot "(-e, ' Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach NOTICE INVITING BIDS 0 CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 12th day of August , 1988, at whi tcTi —ime such bids sFa T be opened and read for INSPIRATION POINT LANDSCAPE IMPROVEMENT AND BLUFF RESTORATION Title of roject wo woo V 2411 Contract No. $225,000 Engineer's Estimate . • "�� 0 VV- Approved by the City Council this 25th day of July , 1988. Wanda G �a E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Lloyd Dalton at 644 -3311. Project Manager ' • PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INSPIRATION POINT LANDSCAPE IMPROVEMENT AND BLUFF RESTORATION CONTRACT NO. 2411 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 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 proposes to furnish all materials and do all the work required to complete this Contract No. 2411 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price 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, removals, etc. @ Thirty Thousand------------- - - - - -- Dollars and No/ 100---------------------- - - - - -- -Cents Per Lump Sum 2. Lump Sum Portland cement concrete plug @ One Thousand ---------------- - - - - -- Dollars and No/ 100------- ---------------- - - - - -- -Cents Per Lump Sum 3. 600 Soil- cement bluff restoration Cubic Yards @ One Hundred Twenty Five----- - - - - -- Dollars and No/ 100---------------------- - - - - -- -Cents $ 125.00 $ 75,000.00 4. 100 Offside disposal of unclassified Cubic Yards excavation @ Forty-------- --------------- - - - - -- -Dollars and No/ 100---------------------- - - - - -- --Cents $ 40.00 $ 4,000.00 Per Cubic Yard l PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 120 Portland cement concrete grouted Tons riprap @ One Hundred Seventy Five--- - - - - -- Dollars and No/ 100---------------------- - - - - -- Cents $ 175.00 $ 21,000.00 Per Ton 6. Lump Sum Sanitary sewer relocation @ Fifteen Thousand----------- - - - - -- Dollars and No/ 100------------ ---------- - - - - -- -Cents $15,000.00 Per Lump Sum 7. Lump Sum Portland cement concrete path, wall, steps, seating, slab, drains, etc. @ Ninety Five Thousand------- - - - - -- Dollars and No/ 100---------------------- - - - - -- Cents $ 95,000.00 Per Lump Sum 8. Lump Sum Sandstone boulders @ Seven Thousand five Hundred - - - - -- {Dollars and No/ 100---------------------- - - - - -- -Dents $7,500.00 Per Lump Sum 9. 4 Douglas Fir bench with backrest Each @ Eleven Hundred------------- - - - - -- Dollars and No/ 100---------------------- - - - - -- -Cents $ 1,100.00 $ 4,400.00 Per Each 10. 3 Douglas fir flat bench Each @ Eight Hundred-------------- - - - - -- -Dollars and No/ 100---------------------- - - - - -- -Dents $ 800.00 $ 2,400.00 Per Each 11. Lump Sum Irrigation system @ Thirteen Thousand---------- - - - - -- Dollars and No/ 100---------------------- - - - - -- -Dents $13,000.00 Per Lump Sum PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. Lump Sum Plant materials @ Sixteen Thousand----------- - - - - -- Dollars and No/ 100--------------------- - - - - -- --Cents Per Lump Sum 13. Lump Sum Hydromulch @ Twelve Thousand ------------ - - - - -- Dollars and No /100--------------------- - - - - -- Cents Per Lump Sum 14. Lump Sum Construction survey staking @ Three Thousand ------------- - - - - -- Dollars and No/ 100--------------------- - - - - -- -Cents Per Lump Sum 15. Lump Sum Siltation and surface water control @ Two Thousand --------------- - - - - -- Dollars and No/ 100--------------------- - - - --- -Cents Per Lump Sum 16. Lump Sum Irrigation, plant and hydromulch maintenance period @ Nine Thousand-------------- - - - - -- -Dollars and No/ 100---------------------- - - - - -- Cents Per Lump Sum TOTAL PRICE WRITTEN IN WORDS $ 16,000.00 $ 12,000.00 $ 3,000.00 $ 2,000.00 $ 9,000.00 Three Hundred -Ten Thousand -Three Hundred------- - - - - -- Dollars and No/ 100------------------------------------------ - - - - -- -Dents $ 310,300.00 August 12, 1988 ,, Gateway Construction, Inc. Date Bidder 213- 422 -3348 Bidder's Telephone Number s /Gerald T. Sullivan /Vice President Authorized Signature /Title 453491 "A" & C -27 V'6300 Indiana Avenue, Long Beach, CA 90805 Contractor's License No. & Classification Bidder's Address • 0 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 SUBCONTRACTORS) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. 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. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held respon- sible for bidder errors and 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 a corporate officer or an individual authorized by the corporation. For part- nerships, 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 contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 453491 "A" .& C -27 Contr's Lic. No. & Classification Gateway Construction, Inc. Bidder Page 2 s /Gerald T. Sullivan/ Vice President Authorized Signature /Title • Page 3 IGNATION 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. Subcontract Work Subcontractor Address I. Grading MJS Construction, Inc. long Raarh 2. Concrete MJS Construction,_ Inc. long Raarh 3. Landscape & Irrig. Consolidated Landscape Syr-- laguna Hillc 4. 5. 6. 7. 8. 9. 10. 11. 12. Gateway Construction. Inc. Bidder s Gerald T. lliv n t Authorized Signature Tit e �. Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Gateway Construction, Inc. , as bidder, and Employers Insurance of Wausau, A Mutual Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the amount bid in Dollars ($ 10% )> lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Inspiration Point Landscape Improvement & Bluff Restoration 2411 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 to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, 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 individual, 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 12th day of August 19 88. Gateway Construction, Inc. (Attach acknowledgement of Bidder Attorney -in -Fact) Mona M. Yasmineh Notary Public Commission Expires: 4 -24 -92 s /Gerald T. Sullivan /Vice President Authorized Signature /Title Employers Insurance of Wausau A Mutual Company Surety By s /Paul G. Rusch Title Attorney -in -Fact I 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 hand sworn to Auguste me this day of , 1966 . My commission expires: April 24, 1992 Gateway Construction Bidder Page 5 s /Gerald T. Sullivan /Vice President Authorized Signature /Title s /Mona M. Yasmineh Notary Public 0 w Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No 1988 City of Los Angeles Mr. Gil Flores Gateway Construction Inc. Bidder s /Gerald T. Sullivan /Vice President Authorized Signature /Title 4 N O T I C E The following are 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 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Reaister Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Ratin Guide: Pro ert - Casualt . Coverages shall be prove ed or all TYPES O N URANC checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted for use in the City oT Newport Beach), except as supplemented or modified by the Special Provisions for this project. Page 7 BOND NO. 0650 68 04041 } PREMIUM INCLUDED IN PEWRMANCE Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 22, 1988 has awarded to Gateway Construction, Inc. hereinafter designated as. the "Principal ", a contract for Inspiration Point Landscape Improvement & Bluff Restoration 2411 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, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We GATEWAY CONSTRUCTION, INC. as Principal, and EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED TEN THOUSAND =1"�}II2 €E. HUNDRED ,ANJX1i0/100 ---- Dollars ($310',300 Ofd- ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemploy- ment 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 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon r Page 9 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31st day of August 19 as . * GATEWAY CONSTRUCTION, INC. (Seal) Name of Contractor Principal Aut ized VgbatLre and Title oA� \� Ga�rCla Scc _ Authorized Signature and Title EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY (Seal) Name of Surety 550 CALIFORNIA STREET, SAN F Addre s of Surety Sig ure and Title oT-Auth8rized Agent Gab fie le Simpson, Attorney -in -Fact ddress of Agent Telephone No. of Agent f O U N ro 0 H H w � H V � w o 0 u o N 0 N ,UCI C O7 Ol N A N C N 1p C M O C L v � v A N 0 ji4 ° 41 }a U w w W O Ul N V A b U sroi m w N N , OD �I m ° >1 (0 Ul 4 N 0 s, Id ro o ro ro A +� v C � o v a N A v Q) a N .a m ro + a a o ,1 "a C 1 v v ro u o p cn u u N b ro [ 4 y o C N 0 w 41 0, C O 3 44 w N ,OC @ J 0 O b 4 o ro ro u v Cd o U -1 X N M � m Q, N 3 .Cq y>1 a a B N N c o v v o z a a x 0 u o a� 1a U ro ro A N � v E 0 0 u° � N O b+ A ro N N o ' Syrw O ro O rcl -H ro�j H 0 ro N v v 9 " 0 ro m m �c U o � V'�mi2 OOCC �g_E ro v N ro U U .W LW 0 O ru b a ro C 4 m z F H 3 ro 0 O w ro U W O Y r. .J ..7 C � J h C v r r 'n O v1 :J I ! F m N I G ro Iw i� O •r. u 00 I U u C G C i o a o 1, v, C 7 r, N . O O u u^_ u o G v v ` G G u u U C { G l U a! w G C U I C N, O :1 M''v ro Blrn Nip 1 'N'EMIU I.�+, E •--1 C I 1 0-1 w I U i N I3. I m M b 1 G a H n ri I O I V m N u OP O .0 u ` {�Y wd 0. 1 1 ro w C v C L' m u u I� 7 I v IF ^ c ro Ir. ' y u �: rl :1 �. •ro G H U 0 F `-+ G O r IF i� 'c I V. I u !c CI N yN,. I, O I y I.0 �C C m SN m "two v GG p, p n Ulm wd Qa � �zr aE pO� g 1 �QM`y.iz G. 0 0 1u a ic C4 O U 0 0 rl C, CO— td O! E: r 94 C 0 m 1u a ic C4 rl C, .+ 5 BOND NO. 0650 68 040416 • Page 10 PREMIUM: $3,100.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 22, 1988 has awarded to Gateway Construction, Inc. hereinafter designated as the "Principal ", a contract for Inspiration Point Landscape Improvement & Bluff Restoration 2411 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, GATEWAY CONSTRUCTION, INC. as Principal, and EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED TEN THOUSAND -THREE 11WE0oAND(*0t3pQ4, -- Dollars ($3 38 0- _ = = =_), 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 r ! • Page 11 i 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. A IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31st day of August , 19 Ss a GATEWAY CONSTRUCTION, INC. (Seal) Name of Co ract r rincipal) G Q,,z, Ott: V , Auth ized � land Ti le ' C- Authorized to Authorized Signature an-d c Title j EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY (Seal) Name of Surety 550 CALIFORNIA STREET, SAN FRANCISCO - Address of Surety -4j Siyiafu e and Title of A-uthorlyed Agent Gablr4eld Simpson, Attorney -in -Fact Address of Agent Telephone No. of Agent '? gmoo°; 3y >�; m non'' 11��r n {D� 'L 0 a n y C o• r n n w n m O n :J V 0 K O a F�_-Wm a" a n ? w m a n X, m r n n W L m O n n H O O' rn �•1 S m w H E w 0 m o n m w m a 3 n m M 00 w m- m a r c M Q• ' n> m �-• M n CL m y C P• n 7 7 w r O m w n < a n n O n K N m o a• of m R n r m n o n r w µ 3 7 n k 3• a w m Go _ 0 m e -j P. 8 < m m O f O m ` m M m m Ilp( Gm 0 m N K M N O d a m as � c m w w n a N a r a a n c n r a cn K O m cYm `G m N >t N v N b n m n ry n a o m m m rt c K o o r a B H n 7 £ a IO n 3 m m cr a- z m W `< m Oim M n O n O m w n n w n 0 S H H f n C 3 n m 0 Cl. N n rrn - M X C m m n p m 3 E a a a n a m n 7 0 0 n m m l < m O O MIco w a m ico a w i o l m a 1 t n tn O H c> G H H ;+7 0 O M M n rr > H ro O >z H 7 n cr C) 0 -4 0 m C) tv D 0 >> ol ;Pt r, x �00 01, z i i - —Z > c n 0 0 rt w PI Eg H. 0 :3 co i } § rt / � [ � j � PU \ \ /E k E & �,[[ \)(` P) 0 CD Fl- � ! %skR ma { | \ ! R ) � [ { [ E & % \ & / 0 [ « 2 0 & ( }10 E \ \ ( ` � / ( � \ / \) � [ / � / § \ \ \ rt rl (\ }([ � � ƒ a \ { * � ([ } \m a& \( >( ( No. 206 -043- 0 0 053 EMPLOYERS SURANCE OF WAUSAU A Aual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint Gabriele Simpson its true and lawful attomey -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRIT- TEN OBLIGATIONS IN THE NATURE THEREOF. Y _Z Q W and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said tY attorney -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company LLI Q at a meeting duly called and held on the 18th day of May. 1973, which resolution is still in effect: C ` RESOLVED, thatthePresidentand any Vice President — elective orappointive — of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and thateach of them hereby is, authorized to execute powers of attorney qualifying O the attorney named in the given power of attorney to execute on behalf o(f:MPLOYERS INSURANCE OFWAI MU Z AMutual Company bonds, undertakings and all contracts of suretyship; and that anysecretary or assistant secretary be, and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to U) attach thereto the seat of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company" p "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF n WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures and facsimile seat shall be Z valid and binding upon the EMPLOYERS INSURANCE: OF WAUSAU A Mutual Company when so affixed and in uJ the future with respect to any bond, undertaking or contract of suretyship to which it is attached' 2 IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to he u 1st Qsigned by the senior vice president and attested by its secretary, and its corporate seal to be hereto affixed this r day of March 19-3-3— Z � EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Z By Q f\ SEAT it I_ J. Baumer Senior Vice President Attest: W �Z O R. J. Wendorff Secretary Q STATE OF WISCONSIN ) O ss. COUNTY OF MARATHON ) tr uJ On this 1st day of Na rch 19 83 before me personally came 0O L. J. Hamner to me known who being by me duly sworn, did depose a. and say that he is a senior vice president of the EMPLOYERS INSURANCIi OF WAUSAU A Mutual Company, the p corporation described in and which executed the above instrument- that he knows the seal of said corporation; that the seal ::1 affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation Q and that he signed his name thereto by like order. > IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yearherein first above written. 0 Notary Public R. J. Wendorff cn NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION IS PERMANENT CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I, the undersigned, senior vice president of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin co oration do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VAkLIDATiNG STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force end has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this .— 31St day of _- o AuquSt ,19 8S pp N cyw4rt• SEA } L J. Baumer Senior Vice President NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALL TOLL FREE (800) 826 -1661. (IN WISCONSIN, CALL (800) 472. 0041). • • CERTIFICATE OF INSURANCE , 'Page 12 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED Gateway Landscape Cons 46 Rickenbacker Circle Livermore, CA. 94550 A Nationwide Mutual Insurance Co. B C D 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 LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Policy Exp. Date LIMITS OF LIABILITY IN THHOUS D Each Ag . ro uc s Completed Occurrence Operations A GENERAL LIABILITY x Comprehensive Form xJ Premises - Operations x Explosion 8 Collapse Hazard x Underground Hazard x Products /Completed Operations 74 -PR 506- 405 - 0001 9/1/8 Bodily Injury Property Damage $ 2,000, $ 2,000, $2,000, $2,000, Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage x Independent Contractors Personal Injury $2,000, x Personal Injury Marine Aviation AUTOMOTIVE LIABILITY A ❑x Comprehensive Form ❑x Owned 74 -BA 506 - 405- 9/1/8C Bodily Inju Each Person $ $ r y n ury Each Occurrence Hired 0002 ro e ma e 5odily injury an Property Damage ❑x Non -owned Combined $ 2,000, A EXCESS LIABILITY ® Umbrella Form 74 -CU 9/1/8S Bodily Injury ❑ Other than Umbrella Form 506- and Property Damage Combined $ 1,000,1$ 1,000, WORKERS' COMPENSATION EMPLOYER'S LIABILITY 0003 Z41JC 9/1/8 Statuto ry 1 11 100 Ea Accident [[[]]] LDNGSHOREMEN'S COMPENSATION 550066 tatutor NOTE: The Comprehensive General Liability Al Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 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 City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: Keltie McCloskey Date: September 9, 1988 Telephone: 946 -5504 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Inspiration Point Landscape Improvement & Bluff Restoration (C -2411) ro ect t e an Contract umber NOTICE: This certificate or verification of nsurance 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. ,- Page 13 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 ( X) Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence $ each occurrence $ 2,000,000 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: Inspiration Point Landscape Improvement & Bluff Restoration Project Title and Contract No. Lon tract — This endorsement is effective 9/1/88 at 12:01 A.M. and forms a part of Policy No.7_4RA506 -405 -000 Named Insured Gateway Landscape Construction, Inc -Endorsement No. ] I/n y. , A / Name of Insurance Company Nationwide Mutual Keltie McClos v r'7 CITY OF NEWPORT BEACH • Page 14 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 of 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 nold 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 $ 2,000,000 each occurrence Property Damage Liability $ 2,0Q0,000 each occurrence ( ) Single Limit Bodily Injury Liability $ 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: Inspiration Point Landscape Improvement & Bluff Restoration Project Title and Contract No. - This endorsement is effective 9/1/88 at 12:01 A.M. and forms a part of Policy No. 74PR506- 405 -OODr Named Insured Gateway Landscape Construction, Inc. Endorsement No. 1 Name of Insurance CompMtionwide Mutual By Auphorizea Repres n ati e Keltie McCloskey k5 CONTRACT 0 Page 15 THIS AGREEMENT, entered into this day of ' , 19 001 by and between the CITY OF NEWPORT BEACH, hereinafter "City, n Gatewa Construction Inc. , hereinafter "Contractor, "is made with reference to the fol owing facts: (a) City has heretofore advertised for bids for the following described public work: i & Bluff Restoration 2411 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: iration Point Landscape Improvement & Bluff Restoration 2411 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 _ u n i nuu�ww -r.u+ 'loss � °_wssr�:�vv:�ry / 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) rte, % :,MEN / /, i Page 16 (f) Plans and Special Provisions for Inspiration Point Landscape Improvement & Bluff Restoration 241 TT 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 proximately 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: i ate! -I . CITY By Ur CITY APPROVED AS TO FORM: c'�t11:0 R04\P City Attorney Name Contra ( ci v�Q' Auth rued �5jgna4Wrc and 'title Authorized Signature and Title • CITY OF NEWPORT BEACH• PUBLIC WORKS DEPARTMENT INSPIRATION POINT LANDSCAPE IMPROVEMENT AND BLUFF RESTORATION CONTRACT NO. 2411 INDEX TO SPECIAL PROVISIONS SECTION PAGE I SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . 1 III. CLASSIFICATION OF CONTRACTOR'S LICENSE . . . . . . . . . . . . . . 1 IV. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . 1 V. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. CONSTRUCTION SURVEYING AND STAKING . . . . . . . . . . . . . . . . 2 VIII. SILTATION AND SURFACE WATER CONTROL . . . . . . . . . . . . . . . . 2 I IX. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. CONSTRUCTION ACCESS ACROSS PARKING LOT . . . . . . . . . . . . . . 3 XI. EQUIPMENT AND MATERIALS STORAGE . . . . . . . . . . . . . . . . . . 3 XII. "NO PARKING, TOW -AWAY SIGNS" . . . . . . . . . . . . . . . . . . . 3 XIII. BEACH ACCESS TRAIL . . . . . . . . . . . . . . . . . . . . . . . . 4 XIV. CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Removals . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Soil- Cement . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Onsite Soil . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Cement . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. Mixing . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Bonding . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. Keying . . . . . . . . . . . . . . . . . . . . . . . . . 6 8. Compacting . . . . . . . . . . . . . . . . . . . . . . . . 6 9. Finishing . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Grouted Riprap . . . . . . . . . . . . . . . . . . . . . . . . 6 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Rock ...........................6 3. Concrete . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. Placement . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. Payment . . . . . . . . . . . . . . . . . . . . . . . . 7 XV. IRRIGATION, PLANT AND HYDROMULCH MAINTENANCE PERIOD. . . . . . . . 7 . • SPIof8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INSPIRATION POINT LANDSCAPE IMPROVEMENT AND BLUFF RESTORATION CONTRACT NO. 2411 SPECIAL PROVISIONS I. SCOPE OF WORK The work to be done under this contract includes the construction/ reconstruction of slope restoration, grouted riprap, sanitary sewer, beach path, walls, steps, slab, seating, boulders, irrigation, plant materials and hydromulching, and performing other incidental items ofwork as necessary to complete the work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawings No. P- 5113 -S and No. M- 5241 -S), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1988 Edition) and (4) the Standard Specifications for Public Works Construction (1988 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. II. AWARD OF CONTRACT The award of this contract is anticipated to occur on August 22, 1988. III. CLASSIFICATION OF CONTRACTOR'S LICENSE At the time of award, the Contractor shall posess a General Engineering Contractor 'A' license, a Specialty Concrete Contractor C -8 license, or a Specialty Landscaping Contractor C -27 license. IV. TIME OF COMPLETION AND CONSTRUCTION SCHEDULE All work under this contract except for the irrigation, plant and hydromulch maintenance period, shall be completed by November 11, 1988. There shall be no work performed from the Corona del Mar State Beach parking lot during weekends or holidays. • • SP2of8 The Contractor's proposed construction schedule submittal to the Engineer shall detail and satisfy the provisions specified herein. The intent of this Section is to emphasize to the Contractor the importance of prosecuting the work in a pre - planned, continuous and expeditious manner so that the final items of work, planting and hydromulching, may be completed well in advance of winter storms, and so that hydromulch materials may germinate and establish root structure prior to winter storms. The Contractor shall employ sufficient personnel, subcontractors and equipment to meet the approved construction schedule. If it becomes apparent during the course of the work that the Contractor will not be able to meet the approved schedule, he shall employ extra personnel and subcontractors so he will be able to maintain the approved schedule. V. LIQUIDATED DAMAGES Commencing on November 11, 1988, the Contractor shall pay to the City, or or have withheld from monies due the Contractor, the daily sum of $250 in lieu of the daily sum of $100 shown in Section 6 -9 of the Standard Specifications. VI. PAYMENT The unit or lump sum price bid for each item of work shown in the Proposal shall be considered as full compensation for all labor, equip- ment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (e.g., removals, sewer bypassing, sandblasting, concrete color, etc.) shall be included in the unit prices bid for the appropriate items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government Code Sections 4590 and 14402 -5. VII. CONSTRUCTION SURVEYING AND STAKING Surveying and staking for control of construction shall be provided by the Contractor, and shall be under the supervision of a civil engineer or surveyor registered in the State of California. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals required by the trades involved in order to meet the tolerances for alignment and grade specified herein. Existing property corners and survey ties adjacent to removals shall be protected and maintained. VIII. SILTATION AND SURFACE WATER CONTROL The Contractor shall sandbag, retain in settling basins, etc. all surface runoff water containing mud, silt, or other deleterious material from the project site sufficient to prevent such waters from eroding bluff soils and construction materials into the ocean. IX XI • SP3of8 Prior to commencing construction, the contractor shall submit a plan for implementing siltation and surface water control concurrently to the Engineer and to the California Regional Water Quality Control Board, Santa Ana Region (6809 Indiana Avenue, Suite 200, Riverside, California 92506, (714) 684 -9330. Upon approval of the plan by the Engineer and the Board, the contractor shall be responsible of the implementation and maintenance of the control facilities. The cost for providing siltation and permits therefor, for complying with for providing and installing erosion the lump sum price bid for Siltation WATER surface water control, for obtaining the provisions of said permits, and control blanket shall be included in and Surface Water Control. If the Contractor elects to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. X. CONSTRUCTION ACCESS ACROSS PARKING LOT One suggested route of access to work site is across the parking area and beach sand of the Corona del Mar State Beach. The Contractor may place, and shall maintain and remove, upon completion of construction, a trafficable mat on the beach sand. All costs associated with construction access shall be included in the bid item for Mobilization, removals, etc. EQUIPMENT AND MATERIALS STORAGE The Contractor may store equipment and materials for this project in an orderly manner at the eastermost end of the Corona del Mar State Beach parking lot and /or within Ocean Boulevard parking lanes. The security and protection of said equipment and materials, and the repair of damage induced by construction activity upon said parking lot, shall be the sole responsibility of the Contractor. XII. "NO PARKING, TOW -AWAY SIGNS" Where any restrictions mentioned necessitate temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty (40) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need of enforcement. • SP4of8 The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. All costs associated with "NO PARKING, TOW -AWAY SIGNS" shall be included in the bid item for Mobilization, removals, etc. XIII. BEACH ACCESS TRAIL. The beach access trail may be closed during the construction period and during the irrigation, plant and hydromulch maintenance period. Closure and beach access control shall comply with the Work Area Traffic Control Handbook, Section 7 -10 of the Standard Specifications, and the requirements set forth herein. The Contractor shall submit to the City for approval his proposed beach access control plan. The Contractor shall be full responsible for any control plan utilized, for conformance with his intended construction schedule and staging, and for providing for its proper implementation and maintenance. All costs associated with beach access control shall be included in the bid item for Mobilization, removals, etc. XIV. CONSTRUCTION A. Removals In addition to the removals specified on the Plans, the Contractor shall remove and dispose of the existing 3" thick A.C. Beach trail pavement, existing rock protection under and adjacent to bottom beach trail, and existing chain handrailing adjacent to trail and overlook. The City will salvage and remove benches, signs and refuse containers from the site prior to the start of contract work. B. Soil - Cement 1. General Soil - cement shall consist of soil, Portland cement and water which conforms to the requirements of Section 301 -3 of the Standard Specifications except as modified by these Special Provisions. • • SP5of8 2. Onsite soil A "Soil Stablization Study," plus Addendum, is attached hereto and is hereby made a portion of these Special Provisions. In accordance with the recommendations contained in the Study, the Contractor may include most soils obtained from the access path excavation in the soil- cement mixture. There is an adequate volume of onsite soil excavation to provide for the soil- cement mixture. The excess of the soil excavation shall be the Contractor's responsibility to load, transport and dispose of offsite in accordance with Section 300 of the Standard Specifications. Payment for excess of soil excavation shall be made at the contract unit price of Offsite Disposal of Unclassified Excavation. The Engineer will be the sole judge as to the suitability of excavated soil for the soil- cement mixture. Soil characterized by and found near borings 7 and 11 (see Appendix D of the Study) is declared unsuitable for the mixture, and will constitute a portion of the Unclassified Excavation that shall be disposed of offsite. 3. Cement Cement shall be Type I /11 low alkali portland cement added to suitable onsite soil at the rate of 310 pounds per cubic yard for soil- cement to be placed below Elev. 14 and 240 pounds per cubic yard for soil cement to be placed above Elev. 14 (MSL datum). 4. Water Fresh water shall be added to the soil- cement mixture as necessary to maintain maximum compacted density. The laboratory maximum density was obtained at 8.5 percent moisture; however, due to variations in the soil- cement mixture, optimum moisture content shall be determined by the Engineer during construction. 5. Mixing Mixing may be performed in a central plant or onsite. Onsite mixing shall be performed at the 45- foot - elevation landing, and not in the cave - tunnel or on the adjacent slope. The soil- cement mix shall then be chuted or bucketed from the landing down to the cave - tunnel or adjacent slope. 6. Bonding The surface of each compacted layer of soil- cement shall be kept moist and clean until it is covered with the next layer. Where a layer will become dry, such as overnight, the Contractor shall scarify the layer to 112 inch minimum depth, then moisten the surface and dust the scarified surface with-approximately 1 pound per square yard of dry cement immediately prior to placement of the succeeding layer. ' • SP 6 of 8 1 7. Keying The perimeter of the soil- cement bluff restoration shall be keyed into the existing bluff. The key shall be a 1 foot deep perpen- dicular cut into the bluff at the perimeter of the bluff restora- tion. The contact between the soil- cement and the existing bluff, including the key, shall be moistened and dusted with approximately 1 pound per square yard of dry cement immediately prior to placement of soil - cement against the bluff. 8. Compacting Soil- cement placed in 6 -inch maximum horizontal lifts and densified to 95% minimum relative compaction. 9. Finishing The surface of the bluff restoration shall be compacted, shaped, trimmed and finished to a uniform, curvilinear surface which blends smoothly into the existing bluff surface at the key. C. GROUTED RIPRAP 1. General Grouted riprap shall consist of quarry rock, conforming to the requirements of Section 200 -1.6 of the Standard Specifications and and portland cement concrete grout. 2. Rock Quarry Rock gradation shall contain sizes larger than the following: 114 ton - 0 to 5 percent 200 lb. - 50 to 100 percent 75 lb. - 90 to 100 percent 3. Concrete Portland cement concrete shall be Class 520 -A -2500. 4. Water Fresh water content shall be such as to permit flow of concrete into rock interstices as determined by the Engineer during contruction. 5. Placement • SP 7 of 8 Rock shall be clean and moistened prior to placing concrete. Concrete shall be placed directly over the rock and spaded and rodded such that all rock is encapsulated into the riprap matrix. Outer rock shall project } of their size above the concrete surface, and shall be broomed clean of loose concrete. 6. Payment Payment will be per ton of rock grouted into the riprap. XV. IRRIGATION, PLANT AND HYDROMULCH MAINTENANCE PERIOD Contractor shall provide all labor, materials and equipment to perform work during the Irrigation, Plant and Hydromulch Maintenance Period, as specified herein, including but not limited to; adequate watering of plant material, replacing unsuitable plant material, controlling weeds, rodents and other pests, operating and mantaining the irrigation system, etc. The maintenance period shall extend for ninety (90) consecutive calendar days. Following inspection of planting operations, including hydromulching, the Engineer shall notify the Contractor in writing to establish the effective beginning date of the maintenance period. The maintenance period may be extended by the Engineer if the planting areas are improperly maintained, appreciable replacement is required or other corrective work becomes necessary. Contractor shall be responsible for maintaining adequate protection of the site. Costs incurred due to damage or replacement shall be the responsibility of the Contractor. Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjoining property and preventing any toxic exposure to persons whether or not they are in, or near, the project. All areas of the site, including, but not limited to concrete walks and slabs and sand, shall be kept clean and free of weeds, litter and debris Contractor shall operate the irrigation system automatically and shall properly and completely maintain all parts of the irrigation system. Contractor shall deliver water in sufficient quantities and adjust water application to compensate for seasonal conditions. • • SP 8 of 8 Before weeds exceed two (2) inches in height, they shall be removed and disposed of off -site. Serious weed pests (i.e. blackberry, nut sedge or bind weed) shall be sprayed with Roundup, as manufactured by Monsanto Co., or approved equal, at the rate of five (5) quarts per acre and left in place for (7) calendar days. Application shall be as recommended by manufacturer. As determined by the Engineer, a second application of Roundup shall be made seven (7) calendar days after the first application. With both applications, areas sprayed shall remain unwatered for a minimum of forty -eight (48) hours. Dead weeds shall be removed seven (7) calendar days after second application and disposed of off -site. If the Engineer notifies the Contractor of failure to control weeds as specified herein, the Contractor shall kill all weeds within ten (10) calendar days of such notification. Maintenance period will be extended for every day after the ten (10) calendar days until such weeds have been killed. Hydromulch areas shall be established with a uniform 80% germination, healthy vigorous growth and to a minimum of two (2) inches in height. Costs incurred for repair or replacement of bare, sparse or damaged areas shall be the responsibility of the Contractor. Upon completion of the maintenance period, Contractor shall request an inspection of construction: The request shall be made to the Engineer a minimum of seven (7) calendar days prior to the date for inspection. a • DESIGNS [Anitelle • Marvin • TEC NOLOGYT eo--- PROFESSIONAL PAVEMENT ENGINEERING A CALIFORNIA CORPORATION July 14, 1988 Mr. Lloyd Dalton Engineering Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Dear Mr. Dalton: JUL 14 1988 .................. Inspiration Point Soil Stabilization Study Project No. 17117 The soil stabilization study for the hillside backfill at Inspiration Point, Newport, California, has been completed. Utilizing the Portland Cement Association's (PCA) "Soil- Cement Slope Protection for Embankments: Planning and Designing ", 1S 173.02W, it was determined that nine percent cement be used for stabilization of the soil. A cement content of seven percent will adequately provide a compressive strength of 750 pounds per square inch. This cement content is increased by two percent for slope protection and the possible abrasive effects of wave action. Field and Laboratory Investigation On June 23, 1988, La Belle- Marvin sampled the soils next to the existing asphalt concrete walkway in eleven separate locatigns. The samples were transported to our laboratory and visually classified. Soil description information is contained within Appendix " :.W. After visually classifying the soils, three of the eleven samples were selected and subjected to mechanical analysis (gradation). This data is shown within Appendix 'B'. Two of the eleven samples were chosen to determine the level of sulfates in the soil to aid in the type of Portland cement needed for use in stabilization operations. Utilizing this information, a Type I /II, low 700S. GRAND AVENUE • SANTA ANA, CA 92705 * (714) 546 -3468 Page No. 2 Soil- Cement Study Inspiration Point Project No. 17117 alkali Portland cement was selected shown in Appendix 'C'. G Information for this testing is Based on the test information, soil numbers seven and eleven were eliminated from the study, due to the rarity of this type soil at the site or the inability to meet PCA criteria for use in soil /cement mixtures. Locations of these two soil types (and all other sample locations) are shown on the site plan labeled Appendix 'D'. These two areas should be avoided during the actual soil stabilization operations. The remaining soil samples were combined and a soil /cement mix design determined according to Portland Cement Association's document "Soil- Cement for Water Control: Laboratory Tests ". IS 166.02W. The combined soil samples used within this study was found to have the following properties. Gradation, Percent Passing: No. 4 Sieve 83% No. 10 Sieve 77% No. 200 Sieve 11% Smaller Than: 0.05 mm (Silt & Clay) 8% 0.005 mm (Clay) 5% Bulk Specific Gravity of Material Retained on No. 4 Sieve: 2.448 The complete particle size analysis is contained within Appendix 'E'. Based on the above information and the time restraints on the project, the short -cut method for 'Sandy Soils' was used. A maximum density /optimum moisture relationship was determined in accordance with ASTM D558 and found to be 128.0 PCF at 8.5 percent Lalk9ca • M»I'1` n 0 Page No. 3 Soil- Cement Study Inspiration Point Project No. 17117 0 moisture using 5 percent Portland cement. Utilizing this data a series of compressive strength specimens were fabricated at 3 percent, 5 percent, 7 percent and 9 percent cement. Test results are as follows. Percent Average Density Average 7 -Day em nt PCF Compressive Strength. L I 3 * 123.5 220 5 124.7 410 7 126.5 700 9 127.2 1017 * Single Specimen After fabrication, the compressive strength specimens were cured in sealed bags for one day before being sent to a moisture -cure room at 100 percent humidity for the remainder of the seven day curing period. Prior to testing, the specimens were soaked in water for four hours and then capped. Enclosed are all test data for your review. SRM /dmm encl. be of service is sincerely appreciated, and should you in this matter, kindly call. LalklL • Manvin Ll APPENDIX A Soil description Log Sample No. Soil Description 1 Light brown gravelly Sand 2 Light brown gravelly Sand 3 Light brown gravelly Sand 4 Light brown gravelly Sand 5 Light brown gravelly coarse Sand 6 Medium brown gravelly coarse Sand 7 Light brown gravelly sandy Silt 8 Light brown gravelly fine Sand 9 Light brown gravelly Sand 10 Light brown gravelly Sand 11 Light brown coarse Sand it W E 14 APPENDIX B Mechanical Analysis (gradation) % Passing Sample No. Sieve size 2 7 9 11/2" 100.0 100.0 100.0 1. 100.0 100.0 97.6 3/4" 96.7 98.7 91.4 1/2" 86.7 96.7 88.4 3/8" 83.9 95.4 85.5 1/4" 77.1 93.5 81.4 #4 72.2 92.2 78.1 #8 63.9 88.8 71.2 #16 54.3 85.9 65.6 #30 44.7 83.1 60.6 #50 32.2 73.4 44.0 #100 18.3 51.1 22.8 #200 11.3 42.9 14.4 14 APPENDIX C Sulfate levels Sample No. Water extractable Sulfate, % 6 0.065 7 0.256 13 0 I •. y W X Co _ c � Q Z N W CL m a co CL S 1HORM At VISVVOJ 1ND Mad —o F v � � r o O r o 0 0 - 0 o �o F z 0 W „ y W 0 of ii O O E N t N = O � O N V Z n u - z 6 � o 0 o N t O N i e 0 V O_ A m n O h v n H O„ 1HO13M At 83NI11N3) Mad 0 I o I I 1 ... _�-�• � � -� _:- _ - -4 -mot =__ = - -- ._;:_. __I - i _y- • • • DESICNIS I'd ., It ,, e "e • 4 `•'.,t • TEOCHNOLOCYT 00- PROFESSIONAL PAVEMENT ENGINEERING A CALIFORNIA CORPORATION July 19, 1988 Mr. Lloyd Dalton City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Dear Mr. Dalton: JUl '9' Inspiration Point Soil Stabilization Study Project No.17117 - Addendum The report issued July 14, 1988, contained recommendations regarding soil stabilization for the proposed embankment repairs at Inspiration Point. As discussed, a target strength of 750 psi compression was selected, consistent with the limited data which could be developed within the investigation time line. Information was contained within the report regarding strengths obtained under controlled laboratory conditions, for use by the design staff relative to upper slope construction. Compressive strength information was developed for cement contents of 3, 5, 7 and 9 percent by weight. Consistent with design practices, the recommended cement content is 2 percent higher than laboratory control conditions to compensate for mixing, spreading and time variations during actual construction operations. Plans for slope stabilization include concerns relative to plant grpwth support, particularly on the upper slope region. Although;rahese areas will be protected from wave action and are above the tidal zope,,, the steep slopes and weathering of the slope face must be considerdd in the soil cement process. Samples fabricated using 3 percent cement in the laboratory were fragile and would not sustain even careful handling. Minimum cement contents of 6 percent are therefore recommended in the field to compensate for anticipated variables, even in non - critical slope locations. The 9 percent minimum cement content recommendation for the more critical zones remains unchanged. 27005. GRAND AVENUE* SANTA ANA, CA 92705 • (714) IL Page No. 2 Project No. 17117 Addendum Construction Procedures The materials as sampled and tested provide adequate strengths per PCA IS166.02W Soil- Cement for Water Control: Laboratory Tests. Specific design of the slope keying and facing design and related recommendations are beyond the scope of this materials report and are left to the design engineer. The limited project size will likely lead to use of mixed -in -place or mixing table construction procedures. Placement and compaction of the soil- cement mixture should be accomplished in maximum 6 -inch horizontal lifts compacted to 95 percent minimum relative compaction as determined by ASTM D1556 and D1557. Procedures for bonding layers should be in accordance with PCA IS173.02W if a mixing table is used or mixing should be sufficiently deep during in -place mixing to ensure there will be no unmixed seams between layers. Based on laboratory soil classification testing and the reference PCA Publications, an initial soil cement content of 5 percent was selected for design purposes. The laboratory maximum density, 128.0 pcf at 8.5 percent moisture was determined based on the 5 percent treatment rate and is suitable for initial estimation purposes. Due to soil variations, variations in soil cement mixtures, mixing time, etc., field compaction control should be based on optimum moisture - maximum density determinations performed during the construction operations. Changes of less than 2 pcf are anticipated. 1% be of service is sincerely appreciated, and should you in this matter, kindly call. Lnitc ka • Man ft 11 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accor- dance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date -T ture Contractor 0 TO: CITY COUNCIL DY THE CITY COUNCIL CITY OF N;LV4PVVRT BEACE AUG 2 2 1988 APPROVED 0 August 22, 1988 CITY COUNCIL AGENDA ITEM NO. F -3(c) FROM: Public Works Department and Parks, Beaches & Recreation Department SUBJECT: INSPIRATION POINT LANDSCAPE IMPROVEMENTS AND BLUFF RESTORATION CONTRACT NO. 2411 RECOMMENDATIONS: 1. Award Contract No. 2411 to Gateway Landscape Construction, Inc., for the total price of $310,300, and authorize the Mayor and the City Clerk to execute the contract. 2. Adopt a budget amendment appropriating $29,000 to complete the project funding. DISCUSSION: At 11:00 a.m. on August 22, 1988, the City Clerk opened and read the following bids for this project: Bidder Total Price Low Gateway Landscape Construction, Inc. $ 310,300 2 Terra -Cal Construction, Inc. 328,055 3 Ryco Construction, Inc. 502,200 4 Valley Crest Landscape, Inc. 710,885 The low bid is 38% above the Engineer's Estimate of $225,000. The disparity between the estimated and bid amounts is attributed to a general underestimate of bid prices for work at this site. The low bidder, Gateway Landscape Construction, Inc., is a well - qualified general engineering contractor who has almost completed the City's "Little Island Bulkhead Repair near Waters Way" contract. His work has been satisfactory at that site. Contract No. 2468 provides for (1) soil- cement reconstruction of a bluff adjacent to the Inspiration Point- Corona del Mar State beach trail, (2) the reconstruction of the beach trail and lower overlook in portland cement concrete, (3) the lowering of a sanitary sewer below the beach trail, (4) the installation of a drip irrigation system, landscaping and hydromulch over the unimproved portions of the site, and (5) a 90 -day maintenance period for items (4) above. Subject: Inspiration (C -2411) August 22, 1988 Page 2 • Point Landscape Improvements and Bluff Restoration Funding for award is proposed from the following accounts: Description Account No. Amount Bluff Restoration /Landscaping 02- 7797 -314 $ 191,345 Inspiration Point Improvements 10- 7797 -070 73,355 Sewer Main Replacement Program 02- 5588 -102 16,600 (Budget Amendment) 02- 7797 -314 29,000 Total $310,300 A budget amendment to appropriate the balance of funds needed to award the contract has been prepared for Council consideration. Plans and specifications for the landscape improvement were prepared by Cunningham Design, Inc. Plans and specifications for the bluff restoration were prepared by Montano Associates and by staff. All work, except for the maintenance period work, is to be completed by November 11, 1988. Benjamin B. Nolan Public Works Director LD:so Ronald A. Whitley Parks, Beache & Recrea 'on Director AuthortZed to Publish Advertisements of all ki• including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September. 1961, and A- 24831. dated 11 June. 1963 STATE OF CALIFORNIA County of Orange er inn .mo..n . aM .n > pain tiro tU DK. caumn worn I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen y8ars, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS- PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published In the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for two (2 ) consecutive weeks to wit the issues) of July 28 1981-- August 4 198_ 198_ 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August B 198 $ at Costa Me California. Signature PROOF OF PUBLICATION • Nee 9265 on if 1988 bids read TB Tick IMP NOTICE INVITING BIDS ad bids may be re- al the office of the ;ferk, 3300 Newport yard, P. 0. Box 1768, port Beach. CA 8915 until. 11:00 a.m. 12th day of August, at which time such ,hall be opened and A Central No.: 2411 Englnaar's Estimate: !25,000 Approved by the City 3uncil this 25th day of July, 088. WANDA L SAGGIO, City lark Prospective bidders may Rain one set of bid docu- ents at no cost at the office the Public Works Depart - ent, 3300 Newport lulevard. P. O. Box 1768, ewport Beach, CA !658 -8915. For further information, dl Lloyd R. Dalton, Project aneger at 644 -3311. Published Orange Coast My Pilot July 28, August 4, • • • July 25, 1988 CITY COUNCIL AGENDA ITEM NO. F -13 BY THE CITY COUNICIL CITY OF NEYJPO TT BEACh J U L 2 5 1988 APPROVIED TO: CITY COUNCIL FROM: Public Works Department and Parks, Beaches, and Recreation Department SUBJECT: INSPIRATION POINT LANDSCAPE IMPROVEMENTS AND BLUFF RESTORATION CONTRACT NO. 2411 RECOMMENDATION: 1. Approve the plans and specifications, and 2. Authorize the City Clerk *o® = -f .ice `^ ; - --A A LL-- - - f 77 tnDO DISCUSSION: On May 9, 1988, the City Council directed staff to obtain permits and to return to Council for approval of final plans, specifications and estimate for Inspiration Point improvements (see attached Agenda Item J -2). Staff has obtained construction permits from the Corps of Engineers and from the State's Department of Parks and Recreation. A Coastal Development permit is pending from the California Coastal Commission. In addition, a Negative Declaration of Environmental Impact has been prepared for the project by Sanchez Talerico Associates, Inc., approved by the Environmental Affairs Committee and affirmed by your City Council. Negative Declarations were submitted to the State's Clearinghouse for review; however, no comments were received from the 10 State agencies that reviewed the document. Notices of Determination have been filed with the County Clerk and with the State's Office of Planning and Research. Inasmuch as staff anticipates receiving the Coastal Development permit without additional construction conditions imposed, staff recommends that the project be advertised for bidders. It is imperative that the contract be awarded during August so that work may be completed, including hydro- seeding, in advance of our seasonal rainstorms. • • • Subject: Inspiration Contract No. June 27, 1988 Page 2 0 0 Point Landscape Improvements and Bluff Restoration 2411 Plans and specifications for the landscape improvements have been prepared by Cunningham Design, Inc. Plans and specifications for the bluff restoration have been prepared by Montano Associates and by staff. The consultant's revised estimate for landscape improvement is $160,000. Staff estimate for the bluff restoration is $30,000. Approximately $187,000 remains from funds which were budgeted specifically for the project. If needed, additional funds may be made available from the Parks and Recreation Fund to award the project. Benjanin B. No an Public Works Director LD:so Attachment �A��� Ronald A. Whitley Parks, Beaches & Recre ion Director • • • 3 S City CA&pc.il Meeting Agendattem No. J -2 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 9, 1988 TO: MAYOR AND CITY COUNCIL FROM: EXECUTIVE ASSISTANT SUBJECT: INSPIRATION POINT I. ACTION: If desired, accept and approve negative declaration and findings; approve design; approve budget amendment to appropriate $100,000 from reserve account;, and, direct staff to obtain necessary permits and return to Council for approval of the final plans, specifications, and estimates prior to advertising for bids. ENVIRONMENTAL FINDINGS: In accordance with California Environ- mental Quality Act (CEQA), the State CEQA guidelines and the City Council Policy K -3, an Initial Study has been prepared for the Inspiration Point improvements. Based on the information contained in the initial study, the Environmental Affairs Committee has determined that the project will not have a significant effect on the environment. A Negative Declaration has, therefore, been prepared for the project. The City Council finds: 1. That an initial study and negative declaration has been prepared in compliance with the California Environmen- tal Quality Act and the State CEQA guidelines, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the negative declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. BACKGROUND: Inspiration Point is a view park, a pedestrian beach access, and an emergency vehicle access on Ocean Boulevard in Corona del Mar. Subject to serious erosion, the cliffs and 0 0 MAYOR AND CITY COUNCIL -2- May 9, 1988 • pedestrian walk require renovation and maintenance for which the City Council has already appropriated funds in this year's PBR budget. • L{ Additionally, the Arts Commission with the concurrence of the City Council and the PBR Commission identified the site for an Art in Public Places project. In early 1987, the Arts Commission conducted a design competition among landscape architects and artists. Six models were displayed in the City Hall Gallery and the winning design "Vanishing Path" by Cunningham Designs was selected by an advisory panel and approved by the Arts and PBR Commissions. In late 1987, the City Council approved an expenditure from the Arts Commission`s Art in Public Places reserve fund to develop preliminary plans and cost estimates. These plans and estimates have been completed and are the subject of this action. DESIGN ELEMENTS: A model of the proposed improvements is on display in the Council Chambers, and a complete project descrip- tion and set of plans are included in the attached Initial Study. Essentially, the improvements include replacement of the existing pathway with a sandstone colored, sunken, concrete walkway and an expanded mid -level viewing area. Specially designed teakwood benches are included. Landscaping with native plants to minimize erosion and a drip irrigation system is included. Also, recon- sideration is given at this time to a previously approved capital improvements project to repair the erosion caused sea cave which has undermined the pathway. COSTS AND FUNDING: Construction and landscaping cost estimates for the "Disappearing Path" are attached. They total $156,800 including a 15% ($23,528) contingency. The repair of the sea cave was estimated at $70,000 in a previous capital improvement budget and that amount has been carried over into the current budget. The 1987 -88 budget included $100,000 in reserve for Art in Public Places to be appropriated at the discretion of City Council. Additionally, an approved PBR Department capital improvement project includes $25,000 slated for improvement to the Inspiration Point walkway. The Art in Public Places Reserve Fund created by the City Council as a repository for the proceeds from the Salute to the Arts currently has a balance of $5,182 and the proceeds remaining in this year's budget from the last Salute totals $22,479. Accordingly, with the requested appropriation of $100,000, available funds for this project total $152,661. MAYOR AND CITY COUNCIL -3- C May 9 , 1988 Considering the 15% contingency, the $152,661 is adequate to fund the estimated $156,800 budget. Any shortfall could be met by proceeds from the next Salute to the Arts scheduled for October 6, 1988. RECOMMENDATIONS: The Arts Commission at their meeting of March 10, 1988 approved the design and recommended the appropria- tion of $100,000 reserve fund and the remaining Salute funds. The PB &R Commission, at their meeting of April 5, 1988 did likewise. The PB &R Commission meeting was well noticed in the area near Inspiration Point and there was no public comment. u KJD:atf Attachments i T l KENNETH J DELINO k it • CUNNINGHAM DESIGN, INC. land planning • urban design • landscape architecture 16 WEST MISSION ST. SANTA BARBARA, CA 805. 687.8085 93105 March, 1988 r?gt1_DR CONSTRUCTION COST ESTIMATE F-- " INSPIRATION POINT ACCESS IMPROVEMENT�� CITY OF NEWPORT BEACH, CALIFORNIA J Item No. Quantity Unit Unit Cost Item Cost 1. Boulders 30. TN 9 200.00 96,000.00 2. Benches 7 EA 1,000.00 7,000.00 3. Irrigation System LS LS 2,745.,0 2,745.00 4. Removal of Exotic Plants 28,000 , SF .10 2,800.00 5. Planting (Containers/Cuttings) 500 EA 15.00 7,500.00 6. Seeding (Hydromulch) 28,000 SF .10 2,800.00 7. Supervision (Restoration Specialist) LS LS 3,000.00 3.000.00 Subtotal: 931,845.00 Contingencies 9 15% 4,780.00 All figures are rounded to higher 95.00 • Key to Abbreviations EA Each LS Lump Sum SF Square Feet TN Ton '6 California License Number 1269 TOTAL: ?36,625.00 J • 923 Olive Street Suite 4 FLOWERS & ASSOCIATES, INC. CIVIL ENGINEERS • Santa Barbara, California 93101 CONSTRUCTION COST ESTIMATE INSPIRATION POINT ACCESS IMPROVEMENT CITY OF NEWPORT BEACH, CALIFORNIA Telephone (8051 966 -2224 W.0.8754 March, 1988 Item Unit No. Item Quantit Unit Cost Item Cost 1. Earthwork 700 C.Y. $ 20.00 $14,000.00 2. Concrete Pathway/Walls/Ditch, Incl. rebar- subdrain, pervious backfill, joints and finishing 170 C.Y. 450.00 76,500.00 •3. Drop Inlet /12" Storm Drain Lump Sum Lump Sum 1,000.00 4. Viewing Area Concrete Slab/Walls, Incl. , rebar, steps, joints and finishing 30 C.Y 250.00 7,500.00 5. Remove & Replace existing sewerline Incl. cleanouts 200 L.F. 27.50 5,500.00 Subtotal: T$104,500.00 Contingencies @ 15% 15,675.00 TOTAL: -------------- $120,175.00 NOTES: 1. Construction costs of architectural features such as boulders, seating and landscape planting and irrigation are not included in this estimate. • 2. Construction costs of work to be done under Public Works Contract No. 2411 is not included in this estimate. 1 330 Vilest Bay Street, Costa Mesa, California 92626 - 7 14 642 -4321 - Orange Coast Daily Pilot Huntington Beach Independent Dear Advertiser: Enclosed please find clipping of your ad from the first publication. If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, /dy Getting, Supervisor Legal Advertising Dept, NOTICE ows Sealed bids may be re- ceived at the o"" of the PUBLIC NOTICE .1988. City Cork. 3300 Newport WANDA E. RAGGIO. Boulevard. P. O. Box 1788, Clark Newport Beach, CA Prospective bidders 92858.8915 unfit 11:00 a.m. obtain one set of bid c on the 12th day of August. ments at no cost at the 1 1988, at which time such of the Public Works De bids_ shall be opened and meet. 3300 Now read for Boulevard, P. 0. Box Title of Project: INSPIRA- Newport Beach, TION POINT LANDSCAPE 92For ItMPROgFMENT AND u15. For hattaw mlomu M