Loading...
HomeMy WebLinkAboutC-2435 - Upper Newport Bay Bicycle & Equestrian Trail0 0 0 4ky 22, 1989 r3� :Y`.F' .ITY ;09NCILCITY COUNCIL AGENDA CITY :jl PO?? rinCITEM NO. F -3(a) TO: CITY COUNCIL MAY 2 2 1989 AFe'z' .t APP if � - . J��Z & / 00�/ FROM: Public Works Department 0� '17 SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) - QUIT CLAIM DEED TRANSFERRING TRAIL EASEMENTS TO THE COUNTY OF ORANGE RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Quitclaim Deed transferring trail easements for the subject project to the County of Orange. DISCUSSION: Construction of the project has been completed; and in December 1988, the Final Project Report was transmitted to the State Department of Fish and Game, the Orange County Transportation Commission, and the County of Orange. Project cooperative agreements provided for the City to obtain permits, obtain right -of -way, prepare plans, administer construction, and to transfer the completed project to the County of Orange for operation and maintenance. Funding for the project was as follows: 1. County of Orange, Harbors, Beaches and Parks District $240,000.00 2. State of California Department of Fish and Game 45,000.00 3. Regional SB 821 Funds 688,154.03 4. City of Newport Beach a. Local SIB 821 Funds $ 78,738.15 b. General Funds 111,221.10 c. City Labor 71,461.09 Subtotal 2 4 261,420.34 Total Project Funding $1,234,574.37 The completed project and Final Project Report have been approved by the parties to the cooperative agreement. However, before the County can assume the operation and maintenance of the trail, the trail easements which the City acquired from The Irvine Company and the State of California (see attached exhibits) must be transferred to the County. The subject Quitclaim Deed provides for transfer of the easements to the County of Orange. Benjamin B. Nolan Public Works Director JW:so Attachments W N N N Q r + N NW 1 I 1 4 ' • rnoo qo vi C fa e u >1 R� cd CL Q, R / C N _ O v d m E+ d a) O / C 0 > 'N 6� 0114 h 5 11 ax 2 ya t 4to O h 10 V { a / Q4 • � / we w, " >ti / Exhibit 1 Sheet.l of 2 / / /1 4O M •rl O N 7 g z NO O 4 7 O T m m t 41 r Z m X LU Z 2 W Q i- W a W J U } U m a f i i sr 3 3 N N` � V O V b z z �0 8 W J N N ' O ` O w n `^d W 8 8 g 8 ig8 k knk�2N2 � ^t• V C4 ;3 'ef tit ^tihti ��i0�020 Z e I � w Ah Ni Exhibit 1 Sheet 2 of 2 Y O •--� N ✓1 �O / N N N N N N N N N N 1J Jd�t •G A aU % / o v � d w % 0 o a In O °'� y 4 (a v \ W U - V la co Qh a /. �•ryb . a 10y�`� 8 b //• � 6 O N O T L ao N z m z X W 0j \ \ 10 4� N �ty0 LL m a L o �e 6415 —+ • JC/ S 1 S \ W �q � t OCI i Exhibit 2 �� Sheet 1 of 2 �N l�N Nt Xn as Ltj 1 n N l a; aC H q N 04 2 V 2 `� m Wit�6.1 bil NJ N V V% nz c �� �� 14 N r N �I Exhibit 2 Sheet 2 of 2 � N O N t n CO N 1 p �y Z CO Qi X W O •� 0 IX 1'1 S +1 T O <li 0 N N M (1 1 1 i 1 N N N N 1 1 I 1 O O O O vasv m w a G N O d 01 W U M 3+ .-1 N U P+ N W N O O N N N L y � N N N W CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 9265$ -8915 (714) 6443005 March 21, 1988 Gillespie Construction, Inc. 3004 Deodar, Suite D Costa Mesa, CA 92626 Subject: Surety: The Aetna Casualty and Surety Co. Bonds No.: 865100260108 Contract No.: C -2435 Project: Upper Newport Bay Bicycle and Equestrian Trail The City Council of Newport Beach on February 22, 1988 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 sections of the Civil Code. The Notice was recorded by the orange County Recorder on March 1, 1988, Reference No. 88- 091950. Sincerely, Wanda E. Raggio G/p City Clerk WER:pm cc: Public Works Department I 3300 Newport Boulevard, Newport Beach PL5ASE RETURN TO: 88- 091950 City Clerk/0 `itv ?aL' EXEMPT RECORDING REQUEST PERIP City of Newport Beach GOVERNMENT CODE 6103 3300 Newport Blvd. Newport Beach, CA 92663 -3884 EXEMPT NOTICF. OF COMPLETION C2 Nil CONSIDERATION PUBLIC WORKS 1 o All Laborers and Material Men and to Every Other Person Interested- YOU WILL PLEASE TAKE NOTICE that on February 22, 1988 the Public Works project consisting of Upper Newport Bay Bicycle and Equestrian Trail (C -2435) — on which Gillespie Constructi was the contractor, and The A was the sure0y," cai9 completed. OR 2� San Bernardino, CA 92408 CIT OF NEWPORT BEACH J Public Works Director VERIFICATION ,.Jh, ereigned, say: 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 February 24,. 1988 at Newport Beach, California. Public Porks 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 February 22. 1988 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 February 25, 1988 at Newport Beach, California. City Clerk RECORDED IN OFFtCtAN t R S OF ORANGE COUNTY. CALIFORMA • -2 M pM MAR 1 'Be 1 y ht� COUNTI RECORDER CITYOOF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 February 29, 1988 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following docurent for recordation and return to the above -named office: Upper. Newport Say Bicycle and Equestrian Trail (C- 2435). Sincerely, Wanda E. Raggio City Clerk 3300 Newport Boulevard, Newport Beach • TO: CITY COUNCIL FROM: Public Works Department I] February 22, 1988 CITY COUNCIL AGENDA li` l wJ�v iSTEM NO. F -13 CITY Or Rr_VrFURT BEACH FEB 2 2 1988 APPROVED SUBJECT: ACCEPTANCE OF UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) RECOMMENDATION: 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 appli- cable portions of the Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $1,028,280.00 Amount of unit price items constructed 1,048,907.04 Amount of change orders 14,426.46 Total contract cost $1,063,333.50 The increase in the amount of the unit price items constructed was due primarily to the need for a greater length of storm drain pipe and area of ero- sion control hydroseeding than had been estimated. Eight Change Orders were issued. The first, a credit in the amount of $15,000.00, provided for a change in the 96 -inch storm drain pipe from concrete to corrugated metal. The second, in the amount of $2,930.82, provided for an adjustment in the grades of the storm drains to better conform to the existing terrain. The third, a credit in the amount of $1,750.00, provided for a reduction in the unit price of the hydroseeding due to the increased area seeded. The fourth, a credit in the amount of $6,500.0, provided for a change in the wood trestle rail posts to glu -lam lumber. The fifth, in the amount of $6,853.10, provided for watering of the hydroseeded slopes to effect seed germination and for an adjustment in the location of the bridge footing. The sixth, in the amount of $4,607.35, provided for miscellaneous changes to the storm drainage facilities. The seventh, in the amount of $17,787.76, provided for lengthening the bridge over the flood control channel and enlarging the abutments, both as a result of erosion of the channel levees between the time the plans were prepared and the actual construction. The eighth, in the amount of $5,497.43, provided i � 0 0 for construction of a drain connecting an existing yard drain, the cause of a severely eroded gully, to the trail drainage system; the replacement of two steel pipe bollards stolen after they were installed; and the construction of a paved down drain at the westerly end of the bridge. Funding of the contract was as follows: County of Orange $240,000.00 State of California Dept. of Fish and Game 45,000.00 Regional SB 821 672,173.00 City of Newport Beach Local SO 821 69,500.00 General Fund 36.660.50 Total $1,063,333.50 The contractor is Gillespie Construction of Costa Mesa. Award of the contract was delayed until December, 1986, to allow the City time to obtain additional funding. The delayed start resulted in the work not being completed before the clapper rail nesting season, March - August, during which time the Coastal Commission permit required suspension of construc- tion. The work was completed on January 12, 1988. �/ �_, J/Z4 i Benjamin B. Nolan Public Works Director BBN:ao • • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (7 )4) 644 -3005 T0: FINANCE DIRECTOR FROM: CITY CLERK DATE: December 8, 1986 SUBJECT: Contract No. C -2435 Description of Contract Upper Newport Bay Bicycle and Equestrian Trail Effective date of Contract December 8. 1986 Authorized by Minute Action, approved on November 10 1986 Contract with Gillespie Construction, Inc. Address 3004 Deodar, Suite D I Amount of Contract $1,028,280.00 " C. ' /t-c22 Wanda E. Raggio i7'�U City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach V r r NOTICE INVITING BIDS Y 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 14th day of August, 1986, at which time such bids shaTT be opened and read for UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL Title of Project 2435 Contract No. $680,400 Engineer's Estimate R Approved by the City Council this 14th day of July July , 1986. 62 Wanda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Jeff Staneart at 644 -3311. Project Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL UPPER NEWPORT BAY BICYCLE & EQUESTRIAN TRAIL 1986 -87 CONTRACT NO. C -2435 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR 1.1 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. C -2435 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN UNIT WORDS PRICE TOTAL PRICE 1. Lump Sum Clearing & Grubbing @ Fifty -Two Thousand Dollars and 0 Cents Per Lump Sum $ 52.000.00 2. 1140 Asphaltic Concrete Tons @ Forty Dollars and 0 Cents Per Ton $ 40.00 $ 45,600.00 3. 1485 Aggregate Base Tons @ Twenty -Four Dollars and 0 Cents Per Ton $ 24.00 S 35,640.00 (continued) • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 160 L.F. 96" R.C.P. (1000D) w /Rip Rap & Conc. Inlet /Outlet Walls @ Four Hundred Fifty Dollars and 0 Cents Per Lineal Foot 5 450.00 $ 72,000.00 5. Lump Sum Prefabricated Steel Bridge w /Abutments, Pilings & Foundations @ One Hundred Thousand Dollars and 0 Cents Per Lump Sum $100,000.D0 6. 696 L.F. Elevated Wood Deck (Must bid item as shown in plans) @ Four Hundred Twenty Dollars and 0 Cents Per Lineal Foot $ 420.00 $292.320.00 7. Lump Sum Construct concrete abutments for elevated Wood Deck @ Fifteen Thousand Dollars and 0 Cents Per Lump Sum B. 28 Each Furnish & install 3 piling bent foundations for elevated Wood Deck @ Sixty -Five Hundred Dollars and 0 Cents Per Each Bent S6,500.00 (continued) 111 11 $182,000.0 No Bid Item No. 9 (continued) PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 325 L.F. Chain Link Fencing including Gates @ Twelve Dollars and 0 Cents Per Lineal Foot S 12.00 S 3,900.00 11. 192 L.F. Wood Fence 4Y High @ Twenty Dollars and 0 Cents Per Lineal Foot S 20.00 $ 3,840.00 12. 4 EACH Catch Basin Type "OS" @ Two Thousand Dollars and 0 Cents Per Each $2,000.00 $ 8,000.00 13. 63 L.F. 24" R.C.P. (1500D) including Rip -Rap @ One Hundred Dollars and 0 Cents Per Lineal Foot $ 100.00 $ 6,300.00 477 14, i9Q -L.F. 24" R.C.P. (1000D) including Rip -Rap @ NintV Dollars and 0 Cents Per Lineal Foot $ 90.00 S 42,930.00 (continued) PR 1.4 r. (continued) ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 180 L.F. 36" R.C.P. (1500D) @ One Hundred Ten Dollars and 0 Cents Per Lineal Foot $ 110.00 $ 19-800-0 16. Lump Sum Signing & Striping @ Five Hundred Dollars and 0 Cents Per Lump Sum $ 500.00 17. 16,500 C.Y. Earthwork @ Seven Dollars and Fifty Cents Per Cubic Yard $ 7.50 $123,750.00 18. 81,000 S.F. Hydromulching /Seeding @ No Dollars and Ten Cents Per S.F. $ .10 $ 81100.00 19. Lump Sum Steel Railing at Station 11 +90± @Eight Hundred Dollars and 0 Cents Per Lump Sum $ 800.00 (continued) • _ - — • PR 1.5 (continued) ITEM QUANTITY NO. AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 20. 4600 L.F. A.C. Curb @ Three Dollars and 0 Cents Per Lineal Foot S 3.00 S 13.800.00 21. Lump Sum Grated Inlet at Station 24 +90 @ Fifteen Hundred Dollars and 0 Cents Per Lump Sum $ 1,500.00 22. 4 Each Install Bollard Barricades @ One Hundred Twenty -Five nollars and 0 Cents Per Each $ 125.00 $ 500.00 TOTAL PRICE WRITTEN IN WORDS One Million, Twenty Eight Thousand, Two Hundred Eighty Dollars and 0 Cents 14, 1986 Date 714 - 957 -0233 Bidder's Telephone Number A 447025 Contractor's License No. & Classification $ 1,028,280.00 Gillespie Construction. Inc. Bidder �1�j(, S/S even M. Murow, VF/Secy Authorized Signature /Title 3004 Deodar, Ste D, Costa Mesa, CA 92626 Bidder's Address a • 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. A 447025 Contr's Lic. No. & Classification Aug. 8, 1986 Date Gillespie Construction, Inc. Bidder S S even M. Murow, VP /Secy Authorized Signature /Title Page 2 DESIGNATION OF SUBCONTRACTOR(S) • Page 3 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 1. Asphalt Mark Co. San Clemente 2. Wood Bridge KBH Constructors Corona 3. Concrete Jezowski Orange 4. Survey Coast Survey Orange 5. M 7. 8. 9. 10. 11. 12. Gillespie Construction, Inc. Bidder vB�:✓ S AiP(M'u0rotwt* . UP /5ecv AutT iorized Signature /Title • FOR ORIGINAL 4V CITY CLERK'S FILE COPgge 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, GILLESPIE CONSTRUCTION, INC. , as bidder, and Fairmont Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, Calfornia, in the sum of Tan percent of the total bid amount ----------- - - - - -- 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 UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL C -2435 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 13th day of August 1986 . GILLESPIE CONSTRUCTION, INC_ (Attach acknowledgement of Bidder Attorney -in -Fact) S�yr }��, S /Roselynn Howev S /StiV &J ur N 'ry Notary Public Authorized Signature/ itle Commission Expires: Sep. 8, 1989 FAIRMONT INSURANCE COMPANY Surety By V A Dittmeyer Title Attorney -in -Fact NON- COLLUSION AFFIDAVIT E The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 13th day of August 19 86. My commission expires: Sept. 8, 1989 GILLESPIE CONSTRUCTION. INC. Bidder t,^vti �� (i�LivCv S/ even Murow, VP /Secy Authorized Signature /Title S /Roselynn Howev Notary Public Page 5 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. GILLESPIE CONSTRUCTION, INC. Bidder S /Ste en M. Murow, VP /Secy Authorized Signature /Title Page 7 NOTICE 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 Register 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 Ke Ratin Guide: Pro erty- Casualty. Coverages shall be provided or all TYPES OF INSURANC 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 S ecifications for Public Works Construction (latest edition adopted for use in the City o Newport Beach), except as supplemented or modified by the Special Provisions for this project. EXECUTED IN FOUR COUNTERPARTS BOND NO. 86SI00260108 Page 8 r • PREMIUM �- . r 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 November 10 1986 has awarded to Gillespie Construction, Inc. hereinafter designated as the "Principal ", a contract for ZIPPER NEWPORT RAY RTC M F AND FQIF$'[RTAN TRAIL (C -2435) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We GILLESPIE CONSTRUCTION, INC. as Principal, and THE AETNA CASUALTY AND SURETY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE MILLION TWENTY -EIGHT THOUSAND TWO HUNDRED EIGHTY DOLLARS AND NO/ 100---------------------------- - - - - -- Dollars ($ 1,028,280.00 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 • 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 24TH day of NOVEMBER , 19 86 GILLESPIE CONSTRUCTION IN.C. (Seal) Name of fi I I � ' " Contractor j(Principal !� "° � p _ - BY: " i -1-V f lei fL Authorized Siaftture and Title _ e THE AETNA CASUALTY AND SURFTY COMPANY (Seal) Name of Surety 325 W. HOSPITALITY LANE = SAN BERNARDINO, CALIFORNIA .$2405 Y: Signature and title of Authorized Agent. P.O. BOX 5138 RI RID A I ddress of gent (714) 787 -8730 Telephone No. of Agent H G 1 vv m d I a i m r g ; C N aZ n w c J .0 0 L O O u _ Q LL h aai< J ? }yJW� E LL Z' LO p C r g � Y ppppp 1 r \23 k\\ 0 �k\ / \�\ CL \o ¥E § & 2 , o o ; \ 0. ) / ! UJ } /0 / 0 ( < \�I ) !k a \ X 00LU 0 � ° z CD <9§ =2 �) \§ /42� }! {\ ( \00 CL ±2= ]3/�0 ±ui % � kE{ K « § §a / g 9=w U. 2 )� u \ ¥ \ : ƒ / EXECUTED IN FOUR COUNTEWRTS BOND.NO. 865100260108 Page 10 PREM& $9,830.00 l , FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted November 10, 1986 has awarded to Gillespie Construction, Inc. hereinafter designated as the "Principal ", a contract for UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, GILLESPIE CONSTRUCTION INC. as Principal, and THE AETNA CASUALTY AND SURETY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of ONE MILLION TWENTY -EIGHT THOUSAND TWO HUNDRED EIGHTY DOLLARS AND NO/100 ----------------------------------- Dollars ($ 1,028,280.00 ) said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice Page 11 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24TH day of NOVEMBER , 19 86 GILLESPIE CONSTRUCTION, INC. (Seal ). . ame of Contrac Principal) BY: uthoriZefd Sian re arfd7itle BY: Authorized Signature and Title THE AETNA CASUALTY AND SURETY COMPANY (Seal) Name of Surety 325 W. HOSPITALITY LANE SAN BERNARDINO, CALIFORNIA_9g409, . Addres of Surety KENNETH A. COATE TTORNEYAN- EACT.' Signature and Title of Authorized Agent P.O. BOX 5138 RIVERSIDE, CALIFORNIA 92517 -5138 Address of Agent (714) 787 -8730 Telephone No. of Agent r f r �t f70 f 12 ro U H g i� 's d r 9 :Q V d m c 7 ; � m 3 n 0 Y m r 'O R N 4 C V� ro C 6 ® J V_ � Y 9 � i O O 3 — m W � � J 2 vi aLLW � Ju�u W `s W ? S k \� < /00 q§ , )/ » 222 / \ U. 2 & `�§ =I §3732 \» \ \$2{� * 02 Q < }!*f \20 {&2§2 ƒfa ) - I z` mz! \!� =2 uj ) �! & /3a §/ 6+= a22§ co� - - }t\ < q§ , / \ U. 2 & * * $ / - THE.ETNA GAS TT' AND SURETY COMPANY Har1fold, Connecticut 06115 t: u1 {auSUAATr POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL IVEN BY THESE PRESENTS. THAT THE .ETNA CASUALTY AND SUE"14"PANY, a crporatio, duly oswilzed utdr the lash a the State Of Cwrestlwl. we Hip N. pdegal off" in M City of I0 I County of NrMord Stre of CorratvuL ham mole, constituted and awnetl, tod dOes by "ye" "falls twee' =win" and aPws" William R. Friis, Carol E. Munaretto or Kenneth A. Coate - - of Riverside, California , w Musa wid lawful Attomyeir,FW, wid full Pow. and ridrkv histey onrrrtl to Opt, .....to aid atentnrNdp at my plan. urea. ee Unistl SfaaA a, if the Ralowns Me w flap .t. wktln the aMe time d"gnated . er following iemafwidsk by his ones sgrwe and .a. rh the MI bofidA mwwdartoa, ednraaN of iidwdvh. atl star ""W tpgtlW 'o I e,etiae at • boat oeoPeaanc+. w con. ditioW uarWtlp and Pry, and all comine, nWeent crap W to tie TIE ATNA CASUALTY AND SUETY CCANANY. Mr.W N IWIY rid w eta erne atW n if the un wr..i, by My d h, wdorratl a hie s of THE ATKA CASUALTY AND SUETY COMPANY, nq HI tlr M, of said Attd+wyp -irvFaL famnt of she wtlmty hewn even. re 1rb, wifl d Nod con. firmed. This aapoiitnlam Is made utdr as be rnlwrity a the Nllowiq someov Raotrutio s a aim amplify, wtW, Itesaul'pe " row a full harm wid ~: VOTED: That an a Iha faNw:p ofRarr ChenaM. Vke asayout MaiOW, Art, E.ewfiV. vide Pr.vaW, Anr snip. V'w Prakni. Anr vide Pmidant, Any Amami Vlos PraiWL Any SW . Airy Aes t Savory, May horn time to Mm. appom RakW Vks PNVawnts, Residual Auetal Statements Attomys�-Fat, we AWN b W W mo our Wall of Me Com en, and ma dire any con appolnta won tu,,aMy as lie o nifinate a w Maly, may patcriba to vv with Me cle V's Nee re sal an t,e Company's w4 bands. namo dauees. nantNta o1 mainstay. and atw .'IMP wiptor, it the ratur. of • bee, MaNsiaarw. or randdmaf Mrteaneskia and wry al aid officers or m Board of DYennn ma .f mY lime mnove my con mpainta ens mvae the paver as wtmkY pion Nth. VOTED: That my boa. faawe,a es. diam n a ndrrevtY. w males mg.tm in Me Ness of a paid, N,os ,ama. of ass kima uarttea, Wit a relit, and Naiq uwe this CWpww when NI sped by the aesmwa Me Vies Calmar. the Prakmt, m E.aa t ive Vice hesidW, a Smile vide P "iamt, a Vita F.aidmt. an Assistant Ville PnNdW w by a AssidM Vks Per W. muessnt to Me new le.Hreed a the canilka s o1 wiNativ o+ con Rait,mt Vito W.sldMl, and dolt, .(tested as aimed wid the CmgN's eel by a Saint" or Amami Sewelery w by • Resident Assistant Smothery. what em to the Www Peaked a that CwtdrNla 01 wtlritY of wdn ReskW AsalatW SwerY; w NI duly ..em ll, (under Hal. it reauvedl by one or more A ovary. -n-Fat our. want to Me power leesddee in We or th cwUkam w crlllkwas of "Orr". This Power a Altafrry me CAndm N of summit, is sleed me NaNd by Im irt,N Most rid W wtbsly of the Io,"th, Smanne Rm um, voted by Me Board of Directors of THE kTNA CASUALTY MA SUETY COMPANY whin Resolution is now a IWI fame and affW: VOTED: That Me sipmans of each of 1M alienating effluent Oannm, Vice Chimyrim. Ptesknt AN Executive VIM Phy idW, Any Smile Vats President. Any Vi_d President. Any Assistant Vice President, Ah, SmMNY, AM AssNrN Savrry, afid the W of the Compny may W eMim, by /smile to my waver of artmsaY is to my crtiliesta raletde 00 SPwkthne Rokd V" PyssiWle. Resident Awsl.m Semmm; or AttoteysunFKt for Purposes only at tx=utkv rN aftestkq bands IN unammipa rN 0 M whinge lediveav n Me NSW Mareal. W any a ch awns W moan, or arti/kata bawY,B such f %- ""a al ne" w flue"Mile sal dell W slid as Mlalp heron the CMIWY as an,' eNil wwf m erraMted and drtitled by con fae4'nae Watune and IC- simile sell dell a Valk wid Mndae ,eon the Cdnprh in de hive wid repKt w mT who or sudamakktp to whkst it Is mecMd. A !N WITNESS WIEAEOF. THE ,ETNA CASUALTY AND SUEETY COMPANY halt " ^•M IN* nsmanre to G spat, by it- Assistant Vice President . cow its moano aesl to be h.mo.f lied test 11th day of September .1986 '^ THE .ETNA CASUALTY AND SURETY COMPANY l✓ � if 1 State of Cam "icut doseph P. Kiernan - y a Its it Assistant Vice President county a wnford 1 On this 11th d•y a September ' 19 86 ' batch Me PlaaN1Iy cm. JOSI PH P. K11RPA to me trewm, wha, basis by Me lady swum. did d,wn and ay: wt he N Assistant Vice President of TFE .ETNA CASUALTY AND SUETY COAPMY, h awpwatbt deswaad 'n mid adad, QedaNd M lanes itmemnt: and ha Wave Me met of Hid m. Wation; that the said Nfime to the Mid iranriW N erns m sma, said; and Mal he aewted the saw al rmism on bNaif of the aopvation by authority of his ofike user Me StridYp Ismomore owed. / i,� Tai• /� y��[� 11 w• (L. ��¢'�� My .mmi a .phis AMwh dt. is 91 6r, c41aw Poblk George A. Perry, Jr. 11RTIRCATE I. Me u dennowee, Serretarj of THE .ETNA CASUALTY AND SUPETY COMPANY. a meet mpoeten of to SM. 0 Caryl Wiwt. DO HS%SY CERTIFY tM tha Neared and adtl,tl Poway of Attu y and Cr nmw of AueritY Hmans It lull force W he rot ofn erased; ono fwtlrrme. that the StrkYp RaalutlaN a the Bond ill DirWm, a .o firth k Me Cmidoaa of AuddytV. rh ndw in Arta. Sired and SWed a the 1Its Off" a the Owe"'. in ar at, of Na mul. Sate of rnw.etinuL Dated this 24TH day of NOVEMBER -'9 86 JOhn M. Welch, Secretary n -+pm.m na n -n NpNtrn M LLS.A *CERTIFICATE OF INSURANCE . Page 22 INSURANCE COMPANIES AFFORDING COVERAGES City of Newport Beach Company 3300 Newport Boulevard Letter A AETNA CASUALTY & SURETY Newport Beach, CA 92663 Company B NAME AND ADDRESS OF INSURED Letter Company C GILLESPIE CONSTRUCTION INC. Letter Company D 3004 Decdar Letter rheta htsu. Cl 49F9F Cptttpry E ISSUED IN 4 COUNTERPARTS 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). NOTE: The Comprehensive General Liability and 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: i (;' Agency: FR11S & COMPANY, INC. Authorized Representative Date: NOVEMBER 21, 1986 Telephone: 714- 787 -8730 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: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. ad Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro uc s LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive form x Premises - Operations Bodily Injury Property Damage $ $ $ $ A X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard x Contractual Insurance x Broad Form Property Damage 86G L61 0137CCi 9 -1 -87 and Property Damage Combined $1,000 $ 1,000 x Independent Contractors x Personal Injury Marine Aviation Personal Injury $ 1,000 AUTOMOTIVE LIABILITY x Comprehensive Form ❑ Bodily Injury (Each Person $ A ❑x Owned nx Hired 86FJ589 538CCA 9 -1 -87 $ —Bodily Injury (Each Occurrence Damage —proeertZ Bodily njury an Property Damage Combined $ 1,000 . ❑x Non -owned EXCESS LIABILITY ® Umbrella Form Bodily Injury A ❑ Other than Umbrella Form 86XS504 642WCA 9 -1 -87 and Property Damage Combined $ 3,000 $3,000 WORKERS' COMPENSATION Statuto and EMPLOYER'S LIABILITY ac Accident} NOTE: The Comprehensive General Liability and 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: i (;' Agency: FR11S & COMPANY, INC. Authorized Representative Date: NOVEMBER 21, 1986 Telephone: 714- 787 -8730 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: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. ad Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property damage Liability, the City of Newport Beach; the State of California, Department of Fish and Game; the County of Orange, Environmental Management Agency; the Orange County Harbors, Beaches and Parks District; and The Irvine Company, their offi- cers and employees are additional insureds, but only with respect to liability for dam- ages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insureds in connection with the contract designated below. The insurance extended by this endorsement to said additional insureds 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 insureds shall apply as primary insurance and no other insurance maintained by the addi- tional insureds 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 Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple limits Bodily Injury Liability $ Property Damage Liability i (xJ Single Limit Bodily Injury Liability and Property Damage Liability Combined occurrence $ each occurrence. $ 1,000,000. each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not increase 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: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) Project Title and Contract No. This endorsement is effective 11/21/86 at 12:01 A.M. and forms a part of Policy No. 86FJ589538C CA Named Insured GILLESPIE CONSTRUCTION, N-_ Name of InwianGe 681 a�ng, AETNA CASUALTY & SURETY By Ry Endorsement No. I ISSUED IN 4 COUNTERPARTS ISSUED IN 4, COUNTERPARTS . Page 14 CI-U OF NEWPORT n COMPREHENSIVE GENERAL LIABILITY 1NSURANCL _3DORSEMENT I 'It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach; the State of California, Department of Fish and Game; the County of Orange, Environmental Management Agency; the Orange County Harbors, Beaches and Parks District; and The Irvine Company, their officers and employees are additional insureds, but only with respect to liability arising out of operations per- formed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with their general supervision of such operations. The insurance afforded said additional insureds shall apply as primary insurance and no other insurance maintained by the additional insureds will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the additional insureds. 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 insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple limits Bodily Injury Liability Property Damage Liability (X) Single Limit Bodily Injury Liability and Property Damage Liability Combined i each occurrence $ each occurrence 1,000,000. each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorse- ment 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 Comprehensive 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: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) Project Title and Contract No. This endorsement is effective NOV. 21, 1986 at 12:01 A.M. and forms a part of Policy No. 86GL61DI37CCA. Named Insured GILLESPIE CONSTRUCTION, INC. Endorsement No. Name of Insurance Company AETNA CASUALTY,& SURETY Z MUNARETTO "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." L4" fib', Lmj Date rignature GILLESPIE CONSTRUCTION. INC. Contractor UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) . Page 15 i CONTRACT THIS AGREEMENT, entered into this &1L day of C(l °, I 1 199 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Gillespie Construction, Inc. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: NEWPORT BAY BICYCLE AND Title of Proiect AN TRAIL (C -2435) Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Million Twenty Eight Thousand, Two Hundred Eighty Dollars ------------------ - - - - -- ($ .12 X99 This compensation includes 1 any loss or damage arising from the n— n'atur'e- of-the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) . Page 16 (f) Plans and Special Provisions for Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. Cl ATTEST: � o City perk APPROVED AS TO FORM: M N, P `"� City Attorney CITY Gillespie Construction, - Inc. - Name of Contractor (Principal) CITY OF NEWPORT BEACH SPECIAL PROVISIONS FOR CONTRACT NO. C -2435 • SP 1 of 26 CONSTRUCT UPPER NEWPORT BAY BICYCLE AND EQUESTRAIN TRAIL SECTION I. CONTROL OF WORK A. Construction of this contract shall be done in accordance with: (1) these special provisions, (2) the plans (drawings No. M- 5256 -5 Sheets 1 thru 15), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1985 Edition), and (4) the provisions of the 1985 edition of the AGC /APWA Standard Specifications for Public Works Construction hereinafter referred to as the "Standard Specifications ". B. TIME FOR COMPLETION The Contractor shall complete all work under the contract within one hundred eighty (180) working days (Saturdays, Sundays and legal holidays excluded) from the date of notice to proceed as issued by the Engineer. C. CONSTRUCTION TIME LIMITS Due to the proximity of a portion of the project to the Upper Newport Bay Ecological Reserve which provides wildlife habitat for the light footed clapper rail and the Belding Savannah Sparrow, both are endangered bird species, the construction activities for that portion can only be done during certain months of the year. The portion of the project subject to the time constraints is substantial and includes the prefabricated bridge crossing the Santa Ana/Delphi Channel and the elevated wooden boardwalk section. No construction shall occur between March 1st and August 1st along the project reach bounded by station 15 +11 and station 25 +06. D. WORK HOURS City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 AM to 6:30 PM and Saturday from 8:00 AM to 6 :00 PM. Violators are subject to citation and fine. Permission is required in advance by City for any Saturday work. E. SCOPE OF WORK The purpose of this contract is to obtain a prime contractor and required • • SP 2 of 26 subcontractors to complete the work shown on the plans and covered by these specifications and special provisions. The City reserves the right to waive minor irregularities in their consideration of the award of the bid. The work to be done under this contract consists of constructing a bicycle and equestrian trail along the general alignment of University Drive from Irvine Avenue to join an existing trail located to the west of Jamboree Road. The project includes construction of a prefabricated bridge across the Santa Ana /Delhi flood control channel and an elevated wooden deck along the face of the bluff overlooking the Upper Bay, as well as conventional parallel bicycle and equestrian trails. The contractor shall bid the project as shown on the plans. However, since it is recognized that alternative designs for the wooden deck are available, the contractors are encouraged to submit an optional alternative bid for design of a more economical structure (i.e., prefabricated bridge sections). The alternative design must meet the deck geometry specified on the plans. The City shall determine if any design alternatives thus submitted are acceptable upon submittal of plans and specifications. F. PRE -BID CONFERENCE An on -site pre -bid conference is scheduled for Monday, July 28, 1986 at 10:00 AM. Prospective bidders are requested to attend this conference to walk the site and become acquainted with the unique requirements of this project and the environmentally sensitive area. Persons attending will assemble at 10:00 AM on July 28, 1986 at the southwest corner of Mesa Drive and Birch Street, and will tour the site with a representative from the City of Newport Beach Public Works Department. G. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. H. GUARANTEE The prime Contractor shall be responsible for and shall repair any defects due to faulty labor or materials which may arise or be discovered within one (1) year after completion and acceptance of the work. • SP 3 of 26 I. PERMITS AND LICENSES The Contractor shall purchase a valid City of Newport Beach business license and shall obtain a standard encroachment permit from the Department of Public Works. The City will wavie the encroachment permit fees. The City has obtained permits or approvals from the Orange County E.M.A. Flood Control District, the California Department of Fish and Game, the California Coastal Commission, and the State Lands Commission. The Contractor's work shall conform to the permit requirements. Copies of the permits are included in the appendix for reference. The Contractor shall also obtain the following permits prior to any construction: 1. Permit to perform excavation or trench work from the Division of Industrial Safety, State of California. 2. Permit to dispose of demolition and debris at any sanitary landfill site in Orange County from the City Public Works Department. Fees will be waived. The Contractor shall be responsible for making himself aware of and conducting his operations in accordance with the requirements of these approvals and permits. All costs involved in complying with these provisions shall be included in the priced bid for various items of work, and no additional compensation will be made therefor. J. UTILITY SERVICE The Contractor shall provide all water and electricity required for construction. Electric service is not available along the project alignment. Construction water may be obtained from certain nearby City fire hydrants by making arrangements with the City Utilities Department, (714) 644 -3011. K. CONSTRUCTION SURVEYS AND STAKING The City shall furnish alignment survey staking. The Contractor shall provide grade, control and all working stakes necessary for his control of work. All surveying and cc,ntrol shall be provided by a competent engineer or surveyor licensed by the State of California, under the employ of the Contractor who shall be held responsible for their correctness. The Contractor shall protect all line and grade stakes set by the Siirveyor for the control of the work. Replacement of these line and grade stakes will be at the expense of the Contractor. J II. CONTRACTOR'S RESPONSIBILITIES A. INSURANCE 1. Liability Insurance • SP 4 of 26 The word "agency" in Subsection 7 -3 of the General Provisions of the Standard Specifications shall mean "the City of Newport Beach; The Irvine Company; the State of California; Department of Fish and Game; Orange County Harbors, Beaches, and Parks District; and County of Orange Environmental Management Agency ". a. Special Endorsement A standard "Special Endorsement of Insurance for Contract Work for City" form has been adopted by the City. The form is to be attached and made a part of all policies of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the Contract. b. Limits The liability insurance coverage in Section 7 -3 of the General Provisions of the Standard Specifications is hereby amended to provide the following minimum limits: Bodily Injury $500,000 each person $1,000,000 each occurrance $1,000,000 aggregate products and completed operations Property Damage $500,000 each occurrance $1,000,000 aggregate Combined A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. 2. Workers' Compensation Insurance In addition to the requirement specified in Subsection 7 -4 "Workers' Compensation Insurance ", of the standard Specifications, the Contractor shall provide an endorsement to the certificate of insurance on the forms provided waiving any right of subrogation it may acquire against the City of Newport Beach; The Irvine Company; the State of California; Department of Fish and Game; Orange County Harbors, Beaches, and Parks District; and County of Orange Environmental Management Agency, their officers and employees by reason of any • • SP 5 of 26 payment on account of injury including death resulting therefrom sustained by any employee of the insured. B. INDEMNIFICATION In addition to the indemnification requirements in Subsection 7 -3 of the Standard Specifications, the following shall apply: In any and all claims against the indemnified parties by any employee of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts of of them may be liable, the indemnification obligation in Subsection 7 -3 of the Standard Specifications shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any subcontractor, or any supplier or other person under workers' compensation acts, disability benefit acts, or other employee acts. The indemnity obligations of the Contractor in Subsection 7 -3 of the Standard Specifications shall not extend to the liability of the Consulting Engineer, their directors, officers, employees, and agents arising out of or resulting from or in connection with the preparation of designs, plans, and specifications providing that the foregoing was the sole and exclusive cause of the loss, damage, or injury. C. SAFETY In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal, and other laws, rules, regulations, and orders relating to safety of the public and workers. D. EROSION CONTROL It is anticipated that surface and ground or other waters may be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from water and has prepared his bid accordingly. The Contractor shall conduct his operations in such a manner that storm or other waters may proceed uninterrupted along their existing street and drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged, or in the opinion of the Engineer, are not subject to the probability of damage. Surface runoff water containing mud, silt, or other deleterious material from the project area shall be treated by filtration or retention in a settling . • SP 6 of 26 basin or basins, sufficient to prevent such waters from entering storm drains, tidal waters, or any portion of the Upper Newport Bay Ecological Reserve. All costs involved in any dewatering or desilting operations shall be included in the price bid for the related item requiring dewatering or desilting and no additional compensation shall be allowed therefor. E. WILDLIFE HABITAT A large portion of the project construction will be immediately adjacent to a sensitive wildlife habitat area. Special precautions and mitigation are required. Refer to Section I, paragraph C herein above. Upper Newport Bay is used as a nesting area for the California Least Tern and the Belding Savannah Sparrow; both are endangered species. If nesting occurs within the project area the State Department of Fish and Game may order an interruption in the work area where the nesting is occurring. The normal nesting period is between April 15 and August 15. If an ordered work interruption due to the nesting delays completion of the work, the Contractor will be entitled to a time extension for the delay. At no time shall the Contractor allow any equipment or personnel within tidelands of the Upper Newport Bay Reserve as shown on the plans, without prior written permission from the Engineer. F. NOISE MITIGATION AND RESTRICTED EQUIPMENT Due to the proximity of Ecological Reserve and Wildlife habitat, noise from construction activities must be kept to a minimum. No pile driving shall be allowed between stations 17 +94 and 24 +90 along the base of the bluff. Additionally, no grading equipment shall be operated within those limits. All equipment operated within this reach of the project must maneuver within the "footprint" of the proposed elevated wooden deck and must do so on the existing unimproved trail without additional grading. Any grading in this reach must be done without mechanical or pneumatic assistance. Pioneering a construction access road along this segment will not be permitted. Auger equipment, cranes, lifting equipment and other construction equipment specifically required for placement of the timber piles and the concrete slurry backfill will be the only equipment allowed at grade within the reach specified above. Grading operations in other areas of the project must be accomplished with Caterpillar D -6 equivalent sized equipment or smaller. No heavy duty motor - graders will be allowed. . * SP 7 of 26 SECTION III. CONSTRUCTION DETAILS A. CLEARING AND GRUBBING This item of work shall include the clearing and grubbing of all areas as shown on the plans except as otherwise specified herein and shall be done in accordance with Section 300 -1 of the Standard Specifications. All materials accumulated under this item of work shall become the property of the Contractor. It shall be the Contractor's responsibility to dispose of the material away from the job site in a manner and at a location acceptable to all cognizant agencies. The Contractor shall exercise care in removing only those materials which are unsuitable for use as fill materials. Areas to be cleared and grubbed shall include all unimproved areas where plans indicate work to be performed, shall include the ground surface of areas to be excavated or filled beyond the right -of -way, and shall include those other areas flagged by the Engineer and so indicated on the Plans. No clearing and grubbing other than can be accomplished by hand and manual labor shall be allowed along the reach for the proposed elevated wooden deck between Stations 17 +94 and 24 +90. This area has been identified as being too close to the wetlands and wildlife habitat to allow such an operation to occur with mechanical equipment. Only equipment specifically required for installation of the timber pilings and the construction and erection of the timber structure as outlined herein shall be allowed in this reach of the project. Construction of the project will require a substantial amount of clear and grub operation. Some portions of the trail alignment follow an existing pathway of loose sand and dirt. Other trail portions are proposed through areas of dense vegetation. These areas are to be cleared of all vegetation, debris, trees, branches, and other deleterous materials, etc. All such cleared material shall be removed from the project site and trucked to an approved dump site. The Contractor shall be solely responsible for any fees or costs incurred to dispose of any such material. Certain areas with a significant amount of non - native scrub brush known as 'castor bean' which lie outside the 'construction footprint' shall be cleared and grubbed. These areas are shown on the plans and are generally located between Station 27 +00 and Station 37 +00. They shall be flagged by the City prior to beginning construction. Only those areas within the construction footprint and those other areas designated on the plans shall be cleared. All other locations adjacent to the project are off limits to all vehicles and equipment. This project alignment runs adjacent to sensitive habitat and therefore requires that all construction equipment and vehicles be kept entirely within the footprint of the proposed improvements. CJ B. EARTHWORK 1. General • SP 8 of 26 All excavations, grading, cuts, fills and embankments shall be as shown on the project plans (M- 5256 -5 Sheets 1 -15) and shall conform to the provisions of Section 300, "Earthwork," of the Standard Specifications and these Special Provisions. Trenches, holes, depressions, and pits caused by the removal of facilities shall be backfilled with embankment material as provided in Section 300, "Earthwork," of the Standard Specifications. Such trenches, holes, depressions, and pits that are in surfaced areas, otherwise to remain undisturbed, shall be backfilled with material equal to or better in quality and to the same thickness as the surrounding materials. If earthwork requires imported or other fill material, hauling over publid highways, loads shall be trimmed and all material removed from shelf areas of vehicles in order to eliminate spilling of material. If directed by the Engineer, loads shall be watered after trimming to eliminate dust. Operations shall be conducted in such a manner that existing facilities, utilities, and vegetated areas outside the construction footprint shall remain in place without damage. 2. Unclassified Excavation Unclassified excavation shall conform to the provisions of Section 300 -2 "Unclassified Excavation," of the Standard Specifications for Public Works Construction of these Special Provisions. It is estimated that 4,000 cubic yards of soil materials must be excavated to construct the trail improvements as shown on typical sections and to produce the lines and grades as shown on the plans. The City of Newport Beach reserves the right to change the estimated amount with a change in unit price in the event the decrease or increase exceeds 25 percent. The excavation quantity shall include all materials, regardless of classification, occurring between the existing ground surface, and the grading plane required to construct the improvements according to plans or as directed. Measurement for payment for unclassified excavation will be based on volumes obtained from cross - sections within the limits shown on the plans or as outlined by the Engineer. Full compensation for conforming to the requirements of this article and for blading the material regardless of the number of times it is required, and subsequent removing or reshaping of the material to the lines and grades shown on the plans, shall be considered as included in the contract price paid for the fii • 0 SP 9 of 26 various items of work involved, and no additional compensation will be allowed therefor. No payment will be made for material placed in excess of that required for the structural section. 3. Structure Excavation and Backfill To Subsection 300 -3.5, "Structure Backfill," add the following: Compaction equipment or methods which may cause excessive displacement or may damage structures, shall not be used. To Subsection 300 -3.6, "Payment," add the following paragraph: The cost for all structure excavation and backfill required for reinforced concrete pipes, inlet structures, juction structures, and footings shall be considered as included in the contract bid prices bid for those various items, and no additional compensation will be allowed therefor. Auger spoil for piling excavations between station 17 +94 and 24 +90 shall be considered as structure excavation. Said material may be disposed of by hauling it to an approved off -site dump or by spreading it evenly adjacent to the auger borings and compacting it to 90 percent of optimum. If the latter option is chosen the Contractor shall place and compact said material in such a manner as to minimize potential erosion of same. Structure backfill shall not be placed by jetting. It shall be mechanically compacted in accordance with the provisions of Section 300 -4.5 "Placing Materials for Fills ". Backfill for all structures including trench backfill shall have a sand equivalent of not less than 30 and shall have a relative compaction of not less than 90 percent. All backfill placed within 2 feet, laterally of a culvert, drain, footing or outlet shall be classified as structure backfill. 4. Unclassified Fill Unclassified fill shall conform to the provisions of Subsection 300 -4 of the Standard Specifications and these Special Provisions. The suitability of the material to be placed as compacted fill will be determined by the Engineer. Relative compaction of all fill shall not be less than 90 percent. It is estimated that 12,500 cubic yards of soil materials must be borrowed for all operations. A potential local borrow site, southwesterly of station 17 may provide up to 7,000 cubic yards of suitable material. Payment for placing fill as shown on the plan, including all appurtenant work, shall be included within the contract unit price for unclassified excavation and backfill, and no separate payment will be made therefor. 5. Excess Material • SP 10 of 26 All surplus material resulting from grading operations shall become the property of the Contractor who shall dispose of the material at an approved disposal site acceptable to all cognizant governing agencies and in accordance with Section 300 -2.6 of the Standard Specifications. Full compensation for providing all labor, materials, tools, equipment, incidentals and for doing all work necessary to dispose of surplus material shall be included in the contract price for unclassified excavation and no additional compensation will be allowed therefor. 6. Subgrade Preparation Subgrade preparation shall conform to the provisions in Subsection 301 -1 of the Standard Specifications. Within the trail section the top 6 inches of the subgrade material below the grading plane shall be compacted to a relative compaction of not less than 90 percent. The "grade only" portion of the trail section or the 10 foot wide equestrian trail section and the 3 foot wide, downhill slope buffer shall be compacted to a relative compaction not less than 95 percent. These areas shall also be sterilized as a part of the subgrade preparation prior to compaction. No separate payment will be made for subgrade preparation. All Contractor's costs of subgrade preparation shall be considered to be included in the contract unit prices for items of work which require subgrade preparation. 7. Relative Compaction Wherever relative compaction is specified to be determined by Test Method No. Calif. 216, the relative compaction will be determined by Test Method No. Calif. 216 or 231. The area, as stated in Test Method No. Calif. 231, may be represented by one or more individual test sites. Laboratory maximum density tests shall be per Section 21 -2.1. The correction for oversize material as stated in Test Method No. Calif. 215 shall be replaced with Note 2 of ASTM D1557. C. PAVEMENT AND BASE 1. Aggregate Base Untreated base materials shall meet the requirements of Section 400 -2 of the Standard Specifications. Payment for aggregate base shall be the contract unit price per ton and shall include full compensation for all labor, materials, tools, equipment and • • SP 11 of 26 incidentals and all work involved in construction of aggregate base and application of prime coat, and no additional compensation will be allowed therefor. 2. Asphalt Concrete Asphalt concrete pavement shall meet the requirements of Section 400 -4 of the Standard Specifications and these Special Provisions. The asphalt concrete shall be Type III -DI -AR -4000 with 6.4 percent asphalt content. Section 400 -4.2.3 "Coarse Aggregate" shall be modified to require at least 75 percent by weight of crushed particles. Crushed particles shall mean at least one fractured face. Measurement and payment for asphalt concrete shall be in accordance with Subsection 302 -5.8 of the Standard Specifications and as specified herein. All asphalt concrete shall be measured in tons and payment will be made at the contract unit prices. Payment for all asphalt work shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all work involved in constructing asphalt concrete pavements and overlay, complete in place, and shall include all costs of furnishing and applying prime coat, tack coat, paint binder and pavement fabric where required by the plans and these Special Provisions. 3. Wood Deck Paving The eleveted wood deck shall be paved in accordance with the plans. The asphalt concrete.applied shall be as specified in the paragraph above. It shall be applied over an approved pavement fabric as specified herein below. The Glu -lam deck surface to receive asphalt concrete paving shall be covered by an asphalt tack coat in accordance with Section 302 -5.3 of the Standard Specifications using Grade SS -lh emulsified asphalt at an approximate spread rate of 0.10 gallons per square yard over which an approved paving fabric shall be placed. Paving fabric shall be installed over the tack coat within 4 hours of its placement. Paving fabric shall be petromat as manufactured by Phillips 66, Reepav Style T -376 as manufactured by DuPont or an approved equal. Vibratory rollers may not be used to compact paving. Delivery, spreading and compaction equipment shall not exceed the design live loading indicated on the plans unless specifically approved by the Engineer. SP 12 of 26 The price bid and the compensation made for the work on the wood deck shall be included in the item of work in the bid schedule titled "Elevated Wood Deck" and no separate or additional compensation will be made therefor. D. PORTLAND CEMENT CONCRETE 1. Cast in Place Reinforced Concrete Concrete shall conform to Class 560-0 -3250 with a maximum slump of 4 inches at time of placement. Contractor shall submit mix designs and material certifications to Engineer for approval prior to beginning concrete work. Reinforcing steel shall be Grade 60. Submit mill test certificates in accordance with the Standard Specifications. Samples of bars may be required for testing at Engineer's discretion. Top surfaces of abutment walls shall receive a coarse- textured broomed finish. Broom marks shall run at right angles to the direction of traffic on or adjacent to the wall. 2. Concrete Slurry Backfill for Timber Pilings Backfill for auger placed timber pilings shall be a fine aggregate - cement slurry conforming to the following specifications. a. Fine aggregate shall be graded within the following limits: Sieve Size Percentage Passing 3/8" 100 No. 4 95 -100 No. 8 65 -95 No. 16 X t 11 No. 30 X t 8 No. 50 X t 6 No. 100 1 - 100 No. 200 0 - 5 Where the symbol "X" is the gradation which the Contractor proposes to furnish. Sieve testing of the aggregate shall be provided by the Engineer. Failed tests shall be paid for the by Contractor. b. Portland cement shall conform to the requirements of Section 201 -1.2.1 of the Standard Specifications and shall be Type IP (MS) Port land- Pozzolan Cement. The slurry mix shall contain a minimum of 6 sacks (560 pounds) per cubic yard of material and shall be a workable fluid mixture of • • SP 13 of 26 the specified fine aggregate, cement and water. The water content shall be sufficient to provide a fluid, workable mix that will flow and can be pumped without segregation of the aggregate while being placed. Materials for the slurry cement backfill shall be thoroughly machine -mixed in a pugmill, rotary drum, or other approved mixer. Mixing shall continue until the cement and water are thoroughly dispersed throughout the material. Slurry cement backfill shall be placed in the work within one hour after mixing. Backfilling over or placing any material over slurry cement backfill shall not commence until 4 hours after the slurry cement backfill has been placed. E. STORM DRAINS AND DRAINAGE STRUCTURES 1. Pipe Storm drain pipe shall be reinforced concrete pipe of the size and strength shown on the plans. The pipe and fittings shall be in accordance with Sections 207 -2 and 207 -6, respectively, of the Standard Specifications. Reinforced concrete pipe shall be either cast or spun. Storm drain pipe bedding shall conform to Class "C" bedding per City of Newport Beach Standard 316 -L. Backfill material in all pipe trenches above the bedding material and around associated structures shall be placed and compacted in accordance with Section 306 -1.3 of the Standard Specifications except that water densifying or jetting of backfill shall not be permitted. 2. Measurement and Payment Payment for storm drain pipe shall be included in the contract price for the various drainage structures and shall include all costs of furnishing and installing pipe, trenching, bedding, pipe laying, backfill, compaction, and all appurtenant work, complete in place. The contract unit prices for the drainage structures shall also include all compensation for furnishing all labor and materials to construct all items as shown in details on the plans for the various locations including excavation, backfill, compaction, covers, reinforcing steel, rip rap, rounded entrances to inlet and outlet pipes, local depressions and all appurtenances, complete in place. F. SANTA ANA /DELHI CHANNEL BRIDGE 1. Prefabricated Steel Bridge Provide and install a fully engineered clear span bridge of welded steel truss construction as shown on the Plans and described herein. • • SP 14 of 26 Submit complete design calculations and shop drawings verifying compliance with the contract documents for review by the City prior to beginning fabrication. Calculations and shop drawings shall be signed by a licensed civil or structural engineer registered in the State of California. Bridge shall be designed to support all dead and live loads as follows: a. Dead load shall include all framing, planking and galvanized form decking with provision for future replacement of the planking with a 5 -inch thick cast -in -place concrete deck. b. Live load shall be that which produces the greater stresses for either an 85 psf uniform load over the full deck surface or a 4 -wheel vehicle load of 10,000 lbs plus 30 percent impact with 5,200 lbs on each rear wheel and 1,300 lbs on each front wheel. c. Wind load shall be a 30 psf horizontal force applied perpendicular to the bridge span over the full projected area. d. Seismic load shall be a horizontal force of .35 (DL) applied perpendicular or parallel to the bridge to produce the greater stress and distributed to each member based on tributary load. Design stresses for structural steel shall be in accordance with the Specifications for the Design, Fabrication, and Erection of Structural Steel for Buildings by the American Institute of Steel Construction. Design stresses for cold - formed steel shapes shall be in accordance with The American Iron and Steel Institute. Design stresses for lumber shall be in accordance with the National Design Specifications for Wood Construction by the National Forest Products Association. Structural steel shall be self- weathering, high strength low alloy, atmospheric corrosion resistant ASTM A606 Type 4, ASTM A242, ASTM A588 or ASTM A847 with Fy = 50,000 psi minimum. Minimum thickness shall be .1345 inch (10 ga) and shall provide a minimum corrosion allowance of 1/8 inch. All welding shall be done with E70XX electrodes with the same weathering characteristics as the base metal. All bolts and nuts shall conform to ASTM A325 or A490 Standards. • • SP 15 of 26 Corrugated steel form decking shall be made from hot - dipped galvanized steel sheet conforming to ASTM A446 Grade A or better, minimum 22 ga. Wood decking shall be Rough Sawn No. 1 Douglas Fir structural planks graded according to West Coast Lumber Inspection Bureau Standards. They shall be pressure treated to a minimum retention of 0.40 lbs per cubic foot with Chromated Copper Arsenate CCA or Ammoniacal Copper Arsenate ACA preservative per AWPA Standards P -5, C -1, C -2 and C -9. Field cut ends of all treated lumber shall be thoroughly painted or soaked with CCA or A 2% copper napthma solution. Planks shall be selected or milled so that the maximum variation in height between adjacent planks after installation is 1/8 inch. If planks are milled side, that side shall be placed down (rough sawn side up). Wood railings shall be Appearance Grade Douglas Fir pressure treated with no incising in accordance with the floor decking specification above. All lumber shall be grade stamped at the mill and shall be accompanied by a plant inspection certificate on shipment. Planking and railing shall be attached to bridge with heavy duty galvanized steel carriage bolts per the details indicated on the plans. Fabrication, shop connections and workmanship shall be in accordance with AASHTO Standard Specifications for Highway Bridges. Welding operators shall be properly experienced and able to furnish satisfactory evidence of experience and skill in welding structural . steel with the kind of welding to be used in the work and who have demonstrated the ability to make uniform sound welds of the type required. Field splices shall be made by bolting in accordance with AASHTO Specifications and ASTM Specifications for Structural Joints using ASTM A325 or A490 bolts. Field splices, if used, shall be located at approximately the 1/3 points of the span. Steel form decking shall be welded to the bridge and shall be continuous over at least 3 spans. Shop splices shall be made using full penetration welds in accordance with American Welding Society Specifications (AWS). Trusses may be fabricated with one or two diagonals per panel at the manufacturer's option. Tubular shaped floor beams, truss chords or other horizontal members shall have end caps fully welded closed. Tubular shaped verticals and diagonals shall have top ends capped. • SP 16 of 26 Bridge shall be cambered to offset the full dead plus live load deflection with dead load based on concrete deck weight. Elastomeric bearing pads shall conform to the Standard Specifications of the State of California Department of Transportation Section 51- 1.12H(1) for plain or fabric reinforced bearing pads. Cement pads to concrete abutment with epoxy bonding compound HB128 made by Hunt Process Company or equal conforming to State of California Division of Highways Specification (741- 80 -28), 8040- 61J -03. Spread epoxy adhesive to a minimum thickness of 1/8 inch. The bridge manufacturer shall supply all necessary information for the handling, supporting and splicing of the bridge. The Contractor shall follow the manufacturer's instructions and shall protect the bridge from damage during construction. Bridge shall be supported off the ground at appropriate locations to prevent damage prior to installation. It is the Contractor's responsibility to assure the proper locations of the anchor bolts and elevation the abutment bearing surface so that the bridge is properly located horizontally and vertically and with adequate tolerances for movement due to expansion, contraction, and lateral loading. The price bid and the compensation made for the work of this section shall be included in the item of work in the bid schedule to which this work is appurtenant and no separate or additional compensation will be made therefor. 2. Bridge Foundations The bridge foundations shall be constructed in accordance with the details shown on the plans and as specified in these Special Provisions. The Contractor shall fully familiarize himself with the recommendations of the soils report prepared by Converse Consultants bearing project number 84- 2215 -01 and dated January 21, 1985, and shall follow those recommendations. Foundation deisgn consists of 4 driven timber piles and a reinforced concrete pile cap abutment on each side of the bridge. At each abutment 2 piles are to be driven vertical and 2 are batter piles. Pile installation shall be in accordance with Section 305 of the Standard Specifications except that Section 305 -1.2 "Driving Equipment" shall be modified to eliminate the use of air hammers and no jetting will be permitted. Bridge abutment fill embankments shall have been in place no less than four weeks before driving piles. 0 SP 17 of 26 The piles shall be restrained from lateral movement at intervals not -to- exceed 20 feet over the length between the driving head and the ground surface. Pile ends shall be thoroughly painted or soaked with CCA or a 2% copper naptha solution after cut -off. Payment for furnishing and driving piles will be made in accordance with the contract bid proposals as part of the lump sum pay item for "Prefabricated Steel Bridge with Abutments, Pilings and Foundations," and no additional payment shall be made therefor. Timber piling shall meet the requirements of ASTM D25 -79, Table 1 for friction piles with a minimum allowable compressive stress of 1,200 psi parallel to grain and bending stress of 2,400 psi. Piling shall have a nominal butt circumference of 38 inches and lengths as shown on the drawings. Piling shall be pressure treated in accordance with AWPA C3 -73 modified 1975. The preservative used may be one of the following: 1. Ammoniacal Copper Arsenate (ACA) with a minimum net retention of 0.60 pcf in accordance with AWPA P -5. 2. Chromated Copper Arsenate (CCA) with a minimum net retention of 0.60 pcf in accordance with AWPA P -5. Driving of the piles shall be performed in the presence of the Engineer. Contractor shall give a minimum of 24 hours notice to the Public Works Department of the City prior to driving piles. G. ELEVATED WOOD DECK AND FOUNDATIONS 1. Timber Pile Foundations Foundations for the elevated wooden deck consist of 3 -pile bents. They shall be constructed per the details shown on the plans and in accordance with these Special Provisions. Timber pilings for the elevated wood deck may not be driven or jetted into place. No pile driving equipment is allowed in the vicinity of this structure. Pilings shall be placed in a drilled or augered hole of a size as shown on the plans and shall then be cemented into place by backfilling the annulus with concrete slurry backfill. Timber piling shall meet the requirements of ASTM D25 -79, Table 1 for friction piles with a minimum allowable compressive stress of 1,200 psi parallel to grain and bending stress of 2,400 psi. Piling shall have a minimum tip circumference of 38 inches and lengths as shown on the drawings. Pilings shall be placed with the large end or butt down. Piling shall be pressure treated in accordance with AWPA CA -75 modified 1981. The preservative used may be one of the following: • 6 SP 18 of 26 1. Ammoniacal Copper Arsenate (ACA) with a minimum net retention of 1.00 pcf in accordance with AWPA P -5. 2. Chromated Copper Arsenate (CCA) with a minimum net retention of 1.00 pcf in accordance with AWPA P -5. The Contractor may at his discretion use solid sawn lumber square posts in lieu of timber piling. Minimum size dimension of square posts is 12 x 12. Pressure treatment preservative and net retention shall conform to that specified herein for timber piles. Pile ends shall be thoroughly painted or soaked with CCA or a 2% copper naptha solution after cut -off. The timber pole supports embedded in the concrete may be either square posts or round timber building poles of the size and length shown on the plans. Square posts shall conform to solid sawn lumber of these specifications except that minimum net retention of preservative shall be .60 pcf. Round poles shall conform to ANSI 05.1 -1972 with a minimum allowable compressive stress of 1,200 psi parallel to grain and bending stress of 2,400 psi. Poles shall be uniform in appearance and taper as stated herein above with butt end up. Minimum diameter shown on plans shall be at 6 feet from butt. Preservative treatment shall be performed in accordance with AWPA C -4 latest revision. The preservative used may be one of the following: 1. Chromated Copper Arsenate (CCA) with a minimum net retention of 0.60 pcf in accordance with AWPA P -5. 2. Ammoniacal Copper Arsenate (ACA) with a minimum net retention of .60 pcf in accordance with AWPA P -5. Drilling and installation of the piles and actual embedment depth size are subject to the approval of the soils engineer. The Contractor shall familiarize himself with the requirements and conditions outlined in the soils report by Converse Consultants, project No. 84- 2215 -01 and addendum letter dated June 30, 1986. Drilled holes shall be examined and approved by the soils engineer prior to installing poles and placing concrete. Holes shall be filled on same day they are drilled or soils engineer shall reinspect and approve those left overnight. Adjacent piles shall be drilled and cast alternately. Drilling of adjacent pile shall not begin until concrete in previous pile has attained its initial set. Due to the limited width of the construction footprint, the proximity of the steep bluff and adjacent off - limits wetland area, the concrete slurry backfill shall be placed by pumping the slurry from beyond the ends of the elevated deck (outside of the reach between stations 17 +94 and 24 +90). The concrete slurry shall be placed in accordance with Section 303 of the Standard Specifications. The slurry shall be vibrated in accordance with Section 303 -1.84 "Consolidating" except that no consolidation shall be done below the r • : SP 19 of 26 natural groundwater level, should it be encountered. Slurry placed below the natural groundwater level shall be placed by means of a tremie tube in accordance with Section 303 -1.8.9 of the Standard Specifications. Payment for cast -in- drilled -hole timber piling shall be made in accordance with the contract unit price per complete pile bent in place including drilling, placement, and backfilling the wood poles. The required embedment depth shall be as shown on the plans or as modified by the Engineer. No additional payment will be made for piles drilled deeper than authorized by the Engineer. 2. Solid Sawn Lumber Furnish and install the solid sawn lumber as shown on the drawings and described herein. All work shall conform to Sections 204 and 305 -2 of the Standard Specifications unless noted otherwise. Solid sawn lumber shall be of the species, grades, and sizes as shown on the drawings. Items not specifically called out on the drawings shall conform to the Standard Specifications. All lumber shall be pressure treated in accordance with AWPA C2 -83. The preservative may be one of the following: a. Chromated Copper Arsenate (CCA) with a minimum net retention of .25 pcf in accordance with AWPA P -5. b. Ammoniacal Copper Arsenate (ACA) with a minimum net retention of .25 pch in accordance with AWPA P -5. All lumber shall receive the same type of treatment. All lumber except for railings shall be incised. Planking shall be selected or milled so that the maximum variation in height between adjacent planks after installation is 1/8 inch. If planks are illed the milled side shall be placed down (rough sawn side up). Maximum gap between planks shall be 1/4 inch. Field cut or routed ends of all treated lumber shall be thoroughly painted or soaked with CCA or a 28 copper naptha solution. The price bid and the compensation made for the work of this section shall be included in the item of work in the bid schedule to which this work is appurtenant and no separate or additional compensation will be made therefor. 3. Glue Laminated Decking Furnish and install the glued laminated wood decking as shown on the plans and described herein. The decking shall be manufactured by a current licensee of the American Institute of Timber Construction in strict accordance with AITC • SP 20 of 26 Standards and shall bear the respective quality mark. The decking shall be industrial appearance grade. Adhesives shall meet the requirements for wet condition of use and shall be compatible with the chemical preservative used. Preservative treatment of decking shall conform to AWPA C28 -79 for treatment of laminations before gluing. The preservative used may be Chromated Copper Arsenate (CCA) or Ammoniacal Copper Arsenate (ACA) with a minimum net retention as called for in the AWPA standard for Above- Ground Use. All cuts and holes and surface damage performed and incurred after treating and laminating shall be treated in accordance with AWPA M -4. Decking shall be accurately sized and all connector holes shall be accurately located so that panels will fit snugly and edges and top surfaces are flush with no gaps. The price bid and the compensation made for the work of this section shall be included in the item of work in the bid schedule to which this work is appurtenant and no separate or additional compensation will be made therefor. 4. Miscellaneous Steel and Rough Hardware Provide and install all miscellaneous steel and rough hardware items as detailed on the plans and described herein. Unless otherwise noted, all steel items, including clips shall be hot - dipped galvanized after fabrication. All work shall conform to the Standard Specifications, Section 206, 210, 304 and 310 except as otherwise specified. Tubular steel posts and the attachments welded to them shall be made of self - weathering high strength low -alloy atmospheric corrosion resistant steel conforming to ASTM A847 for the tubular sections and ASTM A606 Type 4, A588 or A242 for other shapes and shall not be galvanized. All such posts and attachments shall have a minimum corrosion allowance of 1/8 inch. Bolts, including lag screws, and nuts shall be hex- shaped ASTM A307 Grade A and A563 respectively. Standard cut circular steel washers shall be provided under all nuts and under all nuts and bolt heads bearing against wood except as otherwise noted. Nails, spikes, and drift bolts and their installation shall conform to Federal Specification FF -N -105 T3 with latest amendments and to the National Design Specification for Wood Construction 1986 Edition. Nails shall be common wire. All lag bolts, screws, etc., shall be installed by screwing into place, not driven. The price bid and the compensation made for the work of this section shall be included in the items of work in the bid schedule to which this work is appurtenant and no separate or additional compensation will be made therefor. E H. ALTERNATIVE DECK 0 SP 21 of 26 The Contractor may submit a proposal for an alternative system of construction of the wood deck portion of the project. The Contractor will be required to submit complete design calculations, drawings and specifications for review and approval by the City prior to authorizing the use or the alternative design. All calculations, drawings, and specifications shall be performed under the supervision of and signed by a registered civil or structural engineer licensed in the State of California. The Contractor shall bear the costs for additional engineering services and related costs required for effecting all changes resulting from using the alternative design. The Contractor shall make all adjustments in related construction resulting from using the alternative design as acceptable to and at no additional cost to the City. The alternative may use other materials and methods of assembly and support, such as prefabricated steel or timber trusses, provided the following conditions are met: 1. Provide a design compatable with the proposed 3 -pile bent foundations shown on the plans. 2. Provide the same profile and alignment 3. Provide at least the same quality of materials 4. Provide at least the same load capacities 5. Provide the same deck width and railing height 6. Provide the same finished waring surfaces on the deck 7. Railings shall support all applicable AASHTO loadings and an alternative concentrated load of 1,600 pounds applied outward on the top rail at any point. 8. All other conditions of the contract shall be strictly complied with. I. FENCING AND RAILING Contractor shall provide all materials, labor and equipment required to remove, relocate and /or construct the fencing and railing indicated on the drawings and herein specified. Chain Link Fence shall: 1. Be 6 ft. in height. 2. Shall have a top rail and bottom tension wire at all locations. + — SP 22 of 26 3. Have top rails which pass through intermediate post tops and form a continuous compression member from terminal to terminal of each stretch of fence. The rail pipe shall be in approximately 20 foot lengths and couplings shall be 6 inches long. Top rail shall be fastened to terminal posts by heavy pressed steel connections. 4. Have posts with eye -top caps. 5. Have gates and opening as indicated on the plans. Frames of gates shall be welded construction with neat, full welds, Hinges and locking devices shall be heavy duty. 6. Contractor shall furnish and install removable type bollards meeting the City standard (copy attached herein) at places shown on the plans. J. MISCELLANEOUS TRAFFIC DEVICES AND CONSTRUCTION DETOURS Signs used for handling traffic during construction shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc. and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned above. A copy of said publication is on file with the Public Works Department . All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. The signing, barricading and diversion of traffic shall be subject to the approval of the Engineer, The Contractor shall provide a telephone number at which the Contractor's representative can be reached in case of an emergency requiring replacement or relocation of the required traffic devices. K. LANDSCAPE PLANTING 1. General All cut and fill slopes and areas cleared and grubbed shall be re- vegetated in accordance with the requirements hereinafter stated. The Contractor shall furnish all labor, materials, equipment, appliances and necessary incidentals for the complete installation of all landscape planting as shown on the drawings and as specified herein. Work includes, but is not limited to, the following: a. Soil preparation and fertilization. �%> SP 23 of 26 b. Apply pre - emergent to ground colter and annual areas. c. Plant groundcovers (hydraulic seeding). d. Protect, maintain and guarantee as specified. e. All work of every description mentioned in this specification and all other satisfactory completion of the work including clean-up of the site. 2. Quality Assurance The testing laboratory shall be Soil and Plant Laboratory, Inc., 412 South Lyon, Santa Ana, CA 92701 (714) 558 -8333, and tests shall be paid for by the Contractor. After the completion of planting, recommendations, and interpretation shall be required to assure all specified amendments have been provided. Ten (10) random samples of soil preparation areas and five (5) random samples of backfill mix areas shall be taken for analyses. The Contractor shall furnish a certificate of delivery slip with each delivery of material in containers or in bulk. Certificate shall state source, quantity, or weight, type and analysis and date of delivery. Deliver all certificates to the Engineer or City Public Works inspector. No substitutions will be permitted without the approval of the Engineer. Rejected materials shall be removed from the site by the Contractor. 3. Submittals Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number and description of all materials to be used. Materials furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 4. Job Conditions visit the site to determine existing conditions, including access to the site and the nature and extent of existing improvements upon adjacent public and private property. Nature of materials to be encountered and other factors that may affect the work of this section. , CI SP 24 of 26 Additional compensation resulting from the alleged ignorance of local conditions, and their effect upon the cost of the work will not subsequently be approved. Contractor shall cause minimum interference with workmen, materials, or other equipment of other trades on the project. Landscape work shall not begin until all construction adjacent to the planting areas has been completed. 5. Hydraulic Seeding All areas shall be re- vegetated by means of hydraulic seeding. Seed shall be fresh, clean, new crop seed, premixed by mechanical mixer to proportions specified as follows: Ground Cover mix #60, 100% Argostic diegoensis Stipia lepida Bloomeria crocea Dichelostemma pulchella Viola pedunculata Lupinus bicolor Orthocarpus purpurescens Elymus condensatus Stipia pulchra Calochortus splendens Sisyrinchium bellum Festuca megalura Lupinus succelentus Lasthenia chrysostma Leafy bentgrass Small flowered needlegrass Golden stars Wild hyacinth Johnny - jump -up Bicolored annual lupine Owl's clover Giant wild rye Purple needlegrass Lilac mariposa Blue -eyed grass Foxtail fescue Succulent annual lupine Goldfield Available at Pecoff Brothers, Route 5, Box 215 R, Escondido, CA 92025; (714) 744 -3120. Hydraulic mulch shall be "Turfiber" Soil stabilizer shall be CPA 4000 Humectant. Spread at a rate of 150 lbs, per one acre. Add GC -24 -1 organic tactifier at 150 lbs. per acre for slope conditions. 0 SP 25 of 26 Fertilizer shall be 17 -13 -5 urea formaldehyde first quality commercial grade. Seed shall be mixed by dealer and furnished with dealer's guaranteed statement of composition and percent of purity, which shall be delivered to the Engineer. 6. Execution All on -grade planting areas shall receive per 1,000 square feet of area the following: Organic Amendment 4 cu. yards 20 -20 -20 commercial fertilizer 10 lbs. Soil sulphur 20 lbs. Broadcast uniformity and rototill into upper 6 inches of soil. Upon completion of soil preparation, a soil testing shall be conducted as outlined in Quality Assurance in this section. Moisten area prior to seeding. Apply hydraulic seeding material at a rate of 1500 lbs. per acre, mixed with commercial fertilizer 17 -13 -5 at 600 lbs. per acre. Mix with specific seed material to be mixed with water in 1500 gallon capacity agitator mixer and spray resulting slump under high pressure evenly and uniformly over area to be seeded. Quantities -of seed to be mixed with hydromulch: Seed to be 7 lbs. per 1,000 square feet. Ground cover to be 60 lbs. per acre. 7. Fertilizing After Planting All planting areas shall receive an application of 16 -6 -8 commercial fertilizer at the rate of five lbs. per 1,000 square feet thirty days after planting. Fertilizer application shall be repeated at thirty day intervals until the end of maintenance period. 8. Maintenance Continuously maintain all areas included under this section during the progress of the work and for a 60 -day maintenance period until final acceptance of this work. 0 SP 26 of 26 If plantings are not acceptable at the completion of this work due to defective maintenance, maintenance shall be continued until all work meets specifications and can be approved. Maintenance shall include continuous operations of watering, weeding, rolling, cultivation, fertilizing, spraying insect and pest control, reseeding, replacement and /or any other operations necessary to assure good normal growth. During installation period and during maintenance period, the Contractor shall be responsible for maintaining adequate protection of all areas. Any damaged plantings shall be repaired at Contractor's expense. At termination of maintenance period, all plant materials shall be live, healthy, undamaged and free of infestations. Inferior planting shall be replaced and brought to a satisfactory condition before final acceptance of work will be made. All areas shall be neatly raked and free of weeds. Replacements: Immediately replace any and all plant materials that die or are damaged. Replacements shall be made to same specifications as required for original plant. Two (2) inspections shall be made that affect the maintenance period. The first after all planting has been completely installed in order to approve the beginning of the maintenance period of not less than sixty calendar days, and the second at the end of the sixty -day maintenance period. If plantings are not acceptable at the end of the sixty -day period, due to defective maintenance, then maintenance shall be continued by the Contractor until all work meets with the specifications and can be approved. Written notice, requesting inspections shall be submitted by the Contractor at least seven (7) calendar days before anticipated date of inspection. 414 1W CITY OF NEWPORT BEACH t„ PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL CONTRACT NO. 2435 NOTICE TO BIDDERS: BIDDERS shall propose to complete Contract No. 2435 in accordance with the contract documents, the proposal, the plans, the specifications; and as modified by this addendum. I. Clarification A. There is a numbering error in the contract PROPOSAL form between pages PR 1.2 and PR 1.3. There is no item No. 9. This is a numbering error only. There is not a missing bid item. It is a sequential numbering mistake. The total number of bid items is 21. II. Special Provisions Changes A. SECTION I., paragraph B. "TIME FOR COMPLETION" shall be modified to the following: The Contractor shall complete all work under the contract within one hundred eighty (180) calendar days (Saturdays, Sundays and legal holidays included) from the date of Award of Contract. B. SECTION III., paragraph K. "LANDSCAPE PLANTING" shall be modified as follows: Delete pages numbered SP 23 of 26, SP 24 of 26, SP 25 of 26 and SP 26 of 26; replace them with the attached page numbered "NEW SP 23 ". 1. The portion of the paragraph K. "LANDSCAPE PLANTING" which is on page SP 22 of 26 shall remain as is and shall precede the revised page "NEW SP 23 ". C. SECTION III., paragraph I. "FENCING AND RAILING ", subparagraph 6, refers to the installation of removable type bollards as indicated on the plans. The standard detail which was to be attached as a part of the special revisions was erroneously omitted. It is attached hereto and is labelled "BOLLARD BARRICADE DETAIL ". III. CLARIFICATIONS /CORRECTIONS TO THE PLANS A. SHEET 3 of 15 1. Refer to the bottom center of the sheet, to "SECTION A -A ". It shows a monolithic A.C. curb section adjacent to the 10- foot -wide A.C. bike trail section. The section indicates the curb is to be placed over compacted fill material. This is incorrect. It is to be placed over the typical bike trail pavement section of 3" AC /4" AB. The clear width of the paved trail from the inside edge of the AC curb to the outside edge of the pavement shall remain as shown: 10 feet. .,C -2435 Addendum No. 1 ' Oage 2 2. The plan view of the Santa Ana /Delhi Channel crossing indicates the installation of grouted -in -place 1/4 ton rip rap for a distance of 50 feet upstream and downstream from the proposed bridge. This is correct. The plan also indicates a slope designation of 2:1 near the easterly abutment. This is incorrect. Refer to the detail shown on sheet 10 of 15 for rip rap installa- tion. The rip rap shall be placed at a slope of 1.5:1 as shown in the plan and elevation views on that sheet. B. SHEET 10 of 15 1. There is an error in the stationing for the "BEGIN BRIDGE" and "END BRIDGE" callouts. The station marked "BEGIN BRIDGE" should be designated "BEGIN ABUTMENT" and should be labelled as station 15 + 09.87 in lieu of the stationing shown (15 + 8.75). 2. The "BEGIN BRIDGE" station and callout should be at 15 + 11.00 and is the beginning of the 80 -foot prefabricated bridge span. 3. The "END BRIDGE" callout is stationed correctly (15 + 91.00), but is shown in the wrong position. It should be shifted left, on the plan, to the end of the 80 -foot prefabricated bridge span. 4. The easterly (right side) bridge abutment endpoint which is incorrectly labelled as "END BRIDGE" should be labelled "END ABUTMENT" and should be stationed 15 + 92.12. Please sign and date this addendum. It must be attached it to your bid proposal. Benjamin B. Nolan Public Works Director I have carefully examined this addendum. GILLESPIE CONSTRUCTION, INC. Bidder's Name Aug. 14, 1986 Date te ��U S/S n " urow � Authorized Signature 4 - NEW SP 23 All areas to be re- vecetated shall be thoroughly moisted prior to the hydroseed planting operation. A thoroughly moist soil area shall be defined as one in which all soil to a depth of one (1) inch shall be visibly damp. Fertilization shall be done concurrently with the hydroseeding operation as specified herein below. b. Plant Groundcover All areas requiring re- vegetation shall be planted by means of hydraulically placed seed and amendments. This operation shall be referred to as "hydro- seeding" and shall include placement of seed, fibermulch, humectant, fertilizer and tactifier in one operation. The seed shall be fresh, clean, new crop seed, premixed by mechanical mixer to the proportions specified herein below. The hydraulic fiber mulch shall be "turbifer" and shall be mixed in proportion to the other hydraulically placed materials to obtain a spread rate of 2,000 lbs. per acre. A soil stabilizer shall be used. It shall be CPA 4000 humectant and shall be mixed in proportion to the other hydraulically placed materials to obtain a spread rate of 150 lbs. per acre. An organic tactifier shall be used. It shall be GC -24 -1 organic tactifier and shall be mixed in proportion to the other hydraulically placed materials to obtain a spread rate of 150 lbs. per acre. A first quality commercial grade 12 -12 -12 fertilizer shall be mixed and spread with the other hydraulically placed materials at a spread rate of 300 lbs. per acre. The "hydro- seed" operation shall include a seed mix of the following propor- tions: Spread Rate Common Name Botanical Name 5 lbs /ac. California Poppy Escholtzia Californica 4 Salt Goldfield Lasthenia Glabrata 15 Australian Salt Bush Atriplex Semibaccata 15 California Salt Bush Atriplex Glauca 6 California Encelia Encelia Oblongifolia 5 Coyote Bush Baccharis Emoryi 15 Prostrate Salt Bush Atriplex Rhagodioides 10 California Statice Limonium Californicum 5 No common name Haploppus Squarrosus 15 California Buckwheat Eriogonum Fasiculatum The hydraulic seed and amendment mix as defined herein above shall be utilized on all areas requiring re- vegetation. The specified mix is available from Pecoff Brothers of Escondido, California, under the mix name and number of "Back Bay Native Mix" Number 95. The contact person is Jeff Lewis at (619) 744 -3120. Other mix suppliers are acceptable provided that they can supply the specified seed and amendments. The seed mix provided by the supplier shall be furnished with a guarantee sta- tement of composition and percentage purity. Contractor shall provide said statement to the Engineer. . • 1 • ,. e BOLLARD BARRICADE DETAIL � N.T.S. � �A 4" WELD END STL. PIPE CAP. © 4" DIA. STD. STEEL PIPE POST. �[��► 72" LONG. 'V © 4 DIA. STD. STEEL PIPE SLEEVE. 2 24" LONG. QD 1 LINK, HEAVY STEEL CHAIN. W Aj ELD TO STEEL PIPE. '� QE P.C. CONCRETE ANNULUS 18" DIA. QF 2 BANDS OF REFLECTORIZED TAPE, •• (•• lV EACH POST / Q •4 i� © 2 COATS GLOSS ENAMEL PAINT. I COLOR: SAFETY YELLOW M AM -AM . ■ AUSTIN•FOUST ASSOCIATES. INC. -1 BOLLARD BARRICADE DETAIL � w CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 UPPER NEWPORT BAY BICYCLE AND EOUESTRIAN TRAIL CONTRACT NO. 2435 NOTICE TO BIDDERS: BIDDERS shall propose to complete Contract No. 2435 in accordance with the contract documents, the proposal, the plans, the specifications; and as modified by Addendum No. 1 and per the modifications of this Addendum No. 2. I. Special Provisions Changes A. SECTION III., paragraph E. "STORM DRAINS AND DRAINAGE STRUCTURES" shall be modified such that storm drain pipe bedding shall conform to the requirements of the City of Newport Beach Standard Drawing No. "STD- 106 -L" in lieu of the referenced Standard 316 -L which has been eliminated. B. SECTION III., paragraph G. "ELEVATE WOOD DECK AND FOUNDATIONS ", sub- paragraph 1. "Timber Pile Foundations" shall be modified as follows: 1. Paragraph 2., at the bottom of page SP 17 of 26 has a typographical error. The pressure treatment specification should read "C -4 -75" not "CA -75 ". The minimum net retention of the Ammoniacal Copper Arsenate (ACA) and the Chromated Copper Arsenate (CCA) shall be 0.6 pcf for round timber piling and poles, not 1.0 pcf. 2. Paragraph 3., near the top of page SP 18 of 26 states that the Contractor may use solid sawn lumber posts in lieu of round tim- berpoles or pilings. This is still an option, but the pressure treatment required for the solid sawn lumber posts shall be modified as follows: a. Timber posts shall be treated in accordance with the latest revision of AWPA specification C -2 with Ammoniacal Copper Arsenate (ACA) to a minimum net material retention of 1.0 pcf in accordance with AWPA P -5. The use of Chromated Copper Arsenate (CCA) will not be permitted for square solid sawn lumber foundation timbers. 3. Paragraph 5., near the middle of page SP 18 of 26 contains several errors: a. The treatment for square rough sawn timber posts shall be as specified herein above. 1 Page 2 Addendum No. 2, C -2435 b. Round timber poles shall be per ASTM D- 25 -79, not per ANSI 05.1 -1972 as specified. c. Timber poles shall be installed with the large or "butt end" down, not up, as stated in said paragraph. d. The statement "Minimum diameter shown on the plans shall be at 6 feet from butt." shall be stricken from the Special Provisions. The minimum pile /pole circumference shall be as specified on page SP 17 of 26 of the Special Provisions which state that it shall be 38 inches at the tip. II. Clarification A. SECTION III., paragraph G. "ELEVATED WOOD DECK AND FOUNDATIONS ", subparagraph 2. "Solid Sawn Lumber" refers to all sawn lumber except for that which may be used as foundation (post) material as an alternate to round timber piling or poles. III. Pay Item Change A. The material take off for pay item No. 14 at the bottom of page PR 1.3 is incorrect. The item states that there are 392 L.F. of 24" R.C.P. (1000D) storm drain pipe with rip -rap. There are 477 L.F., not 392 L.F. Make the change on your bid proposal form so the total price bid for this item is reflective of the unit price times the revised quantity. Please sign and date this addendum. It must be attached to your bid propoal with Addendum No. /�..1/ a,r, ! J � ♦ k4 Benjamin B. Nolan Public Works Director I have carefully examined this addendum. GILLESPIE CONSTRUCTION, INC. Bidder's Name 7 /986 lurow, 1 v Da e / Ste Pen M. VP /Sect_ Authorized Signature is w BY THE CITY C(IIINCl1 November 10, 1986 CITY OF NEWPORT REACH CITY COUNCIL AGENDA NOV 10 1996 ITEM NO. F -3(c) TO: CITY COUNCIL APPROVED FROM: Public Works Department SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) RECOMMENDATION: Ilxe� 6+rkNeo Z435..:to �il.les�ie:::6c�nstr.T©n of Costa Mesa for $1,028,280 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: Bids for this contract were opened at 11:00 A.M. on August 14, 1986: Bidder Amount 1. Gillespie Construction, Costa Mesa $1,028,280.00 2. G. A. MacDonald, Montrose 1,122,346.00 • 3. Terrain Inc., Glendale 1,178,356.92 4. Kirst Construction, Altadena 1,460,738.00 5. Fleming Engineering, Buena Park 1,589,559.00 The low bid is 51% greater than the Engineer's estimate of $680,500. On September 22, 1986, City Council approved an agreement with Gillespie Construction to extend the award date for the contract and directed City staff to pursue additional funding. See the attached City Council memo dated September 22, 1986 for project background and description. The low bidder, Gillespie Construction, has satisfactorily performed other work for the City and is anxious to start work as soon as possible. Environmental constraints prohibit work on the boardwalk portion of the project during the light- footed clapper rail breeding season, April 15 to August 15. Requests for additional funds have been made to the State Coastal Conservancy, the State Department of Fish and Game, the Orange County Transportation Commission (SB -821 Program) and the County of Orange. Additional funds from the State Department of Fish and Game and the State Coastal Conservancy are not available for this project. However, $373,456 from the Orange County Transportation Commission SB 821 Regional and Local Bicycle Trails Program has been approved. An additional $90,000 for the project will be con- sidered by the Orange County Board of Supervisors on November 18 , 1986. If those funds are approved, only $90,000 of additional City funds are required to award the contract. • Funds for the project, including design and administration, are pro- vided as follows: %)i November 10, 1986 Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) • Page 2 A. Estimated Project Costs 1. Construction (low bid) $1,028,280.00 2. Engineering and Permits 75,000.00 3. Construction Engineering, Testing Archeological Inspection, and Construction Contingencies (5 %) 62,399.00 TOTAL $1,166,679.00 • B. Current Project Funding 1. County of Orange, Harbors, Beaches, and Parks District 150,000.00 2. State of California Department of Fish and Game 3. Regional SB 821 (1983/84 and 1985/86) 4. City of Newport Beach a. General Fund b. Local SB 821 (1983/84) c. Local SB 821 (1984/85) d. Local SB 821 (1985/86) C. Additional Project Funding 1. Regional SB 821 (1986/87) 2. County of Orange, Harbors, Beaches and Parks District 3. City of Newport Beach a. Local SB 821 (1986/87) b. General Fund 45,000.00 322,173.00 50,000.00 14,166.00 16,840.00 15,044.00 $ 613,223.00 $ 350,000.00 90,000.00 23,450.00 90,000.00 553,456.00 • TOTAL $1,166,679.00 • 0 E November 10, 1986 Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) Page 3 A budget amendment to provide for this funding in the current budget has been prepared as follows: 1. Orange County Transportation Commission Regional SB 821 Funds $ 350,000.00 2. County of Orange, Harbors, Beaches, and Parks District a. Approved, but not provided in current budget 150,000.00 b. Additional funding requested 90,000.00 3. City of Newport Beach a. Currently budgeted Bike Trails Program 40,000.00 b. Unappropriated surplus 50,000.00 $ 680,000.00 •Approval of the additional $90,000 by the Board of Supervisors appears likely; however, if the funds are not approved by the Board of Supervisors, a budget amendment to provide for additional City funds will be prepared. The Coastal Zone permit and the Orange County Flood Control encroach- ment permit have been obtained. All necessary right of way has been obtained from The Irvine Company and the State Department of Fish and Game. The plans and specifications were prepared by Joe Foust and Associates with bridge design by Willdan and Associates. Construction is scheduled to be completed by June 1, 1987. Benjamin B. Nolan Public Works Director JW:jd Att. • UPPER NEWPORT EMY BICYCLE / EQUESTRIAN TRAIL ONTRACT NO. 2435 aerial view A U . Cl. Bike / Pedestrian Bridge BRIDGE SECTION A I Elevated Wooden Boardwalk A6 . ..:..nom Typical Joint Trail. Section o-� Elevated Wooden Boardwalk A6 . ..:..nom Typical Joint Trail. Section TO: CITY COUNCIL FROM: Public Works Department SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN RECOMMENDATIONS: • September 22, 1986 CITY COUNCIL AGENDA ITEM N0. F -3 (d) TRAI 1. Authorize the Mayor and the City Clerk to execute.an agreement with Gillespie Construction of Costa Mesa, the lowest responsible bidder, to extend the award date for Contract No. 2435. 2. Direct the City staff to notify the unsuccessful bidders and to release their bid bonds. 3. Direct City staff to pursue additional funding. DISCUSSION: I. INTRODUCTION • On September 26, 1983, the City Council approved the Feasibility Study, accepted the Environmental Document and directed the staff to implement a cooperative project for construction of the Upper Newport Bay Bicycle and Equestrian Trail. Bids for the project were received on August 14, 1986, with the low bid exceeding available project funding by approximately $500,000. In preparation of the recommendation to extend the award date, staff has reviewed and analysed the project Scope of Work, the Bids Received, and the Project Funding in the following Sections I1, III, and IV. The agreement with Gillespie Construction and the recommendations are discussed in Sections V and VI. is 7 I1. SCOPE OF WORK AND PROJECT DESCRIPTI The proposed project will provide for approximately 1.0 miles of combination bicycle, pedestrian and equestrian trail along the boundary of the Upper Newport Bay Ecological Reserve. The proposed trail, in conjunction with the recently completed 0.4- mile -long J. M. Peters Co. segment, will connect the Jamboree Road and San Diego Creek trails with the County's Santa Ana /Delhi Channel regional equestrian route and the Irvine Avenue and Mesa Drive bike trails. The project entails construction of a separated trail system consisting of a 12- foot -wide paved bicycle /pedestrian path and an adjacent 10- foot -wide graded dirt equestrian trail. A portion of the trail will be constructed along a steep coastal bluff adjacent to wetlands. This 700 - foot -long segment of the trail will consist of a 20- foot -wide elevated boardwalk. Where the trail crosses the Santa Ana /Delhi Channel, an 80- foot -long prefabricated bridge and two 96 -inch- diameter drainage culverts are required. There do not appear to be any practicable revisions to the design concept or the scope of work involved. See attached vicinity map for location of the project. APPROVED BY CITY COUNCIL DATE q LL :. September 22, 1986 • Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) Page 2 III. BID ANALYSIS j Five bids for this contract were opened at 11:00 A.M. on August 14, 1986: Bidder Amount 1. Gillespie Construction, Costa Mesa $1,028,280.00 2. G. A. MacDonald, Montrose $1,122,346.00 3. Terrain Inc., Glendale $1,178,356.92 4. Kirst Construction, Altadena $1,460,738.00 5. Fleming Engineering, Buena Park $1,589,559.00 The low bid is 51% greater than the Engineer's estimate of $680,500. A review of the bids received indicates that the cost for all of the major items of work (bridge structures, drainage facilities, earthwork, and asphalt paving) exceeds the estimate. Prevailing costs for typical projects elsewhere vary from $30 /SF for pedestrian bridges to $60 /SF for vehicular bridges. The low bid is approximately $40 /SF for the bike and equestrian bridge structures. Based on this analysis, and a review of the other factors affecting the project, the low bid represents a reasonable cost for the project. The Engineer's Estimate appears to have underestimated the access and construction difficulties in this environmentally sensitive area. • The low bidder, Gillespie Construction, has satisfactorily performed other work for the City in the past. IV. PROJECT FUNDING A. Estimated Project Costs 1. Construction (low bid) $1,028,280.00 2. Engineering and Permits 75,000.00 3. Construction Engineering, Testing Archeological Inspection, and Construction Contingencies ( +5 %) 61,720.00 Total $1,165,000.00 B. Current Project Funding 1. County of Orange, Harbors, Beaches, and Parks District $ 150,000.00 2. State of California Department of Fish and Game 45,000.00 3. Regional S.B. 821 (1983/84 and 1985/86) 322,173.00 4. City of Newport Beach a. General Fund 50,000.00 b. Local S.B. 821 (1983/84) 14,166.00 • c. Local S.B. 821 (1984/85) 16,840.00 d. Local S.B. 821 (1985/86) 15,044.00 Total S 613,223.00 The 1986/87 local and regional S.B. 821 funds have been approved by the Orange County Transportation Commission staff and the program is scheduled for review by the Transportation Commission on October 13, 1986. Chances for approval of the City's 1986/87 S.B. 821 funds request appear very good and the funds could be available as early as November 1986. A request has been made to the County of Orange to split the remaining $178,321 with the City (approximately $90,000 each). A summary of possible additional City funding is as follows: A. Currently Available Funds 1. Bicycle Trails Account $ 49,000.00 2. Interest on Existing S.B. 821 Funds 10,000.00 • Subtotal $ 59,000.00 B. Additional Funds (General Fund appropriation required) 5 $ 31,000.00 Total 90,000.00 Possible additional funding from the State Department of Fish and Game and the Coastal Conservancy has been requested, but does not appear likely. V. AGREEMENT TO EXTEND AWARD DATE The agreement to extend the award date with the low bidder, Gillespie Construction of Costa Mesa, provides for the following: A. General: 1. Extend allowable time for City Council to award Contract No. 2435 by 135 days. 2. Release Gillespie Construction's bid bond. 3. Agreement may be terminated prior to award of contract by written notification from either party. • 4. Contract time of completion will be modified as necessary at the time of award of contract. 7 September 22, 1986 • Subject: Upper Newport Bay Bicycle Page 3 and Equestrian Trail (C -2435) C. Additional Project Funding Being Sought 1. Regional S.B. 821 (1986/87) $ 350,000.00 2. Local S.B. 821 (1986/87) 23,456.00 3. Other* 178,321.00 Total Additional Funding Required $ 551,777.00 *Funds being sought from City and County sources. The 1986/87 local and regional S.B. 821 funds have been approved by the Orange County Transportation Commission staff and the program is scheduled for review by the Transportation Commission on October 13, 1986. Chances for approval of the City's 1986/87 S.B. 821 funds request appear very good and the funds could be available as early as November 1986. A request has been made to the County of Orange to split the remaining $178,321 with the City (approximately $90,000 each). A summary of possible additional City funding is as follows: A. Currently Available Funds 1. Bicycle Trails Account $ 49,000.00 2. Interest on Existing S.B. 821 Funds 10,000.00 • Subtotal $ 59,000.00 B. Additional Funds (General Fund appropriation required) 5 $ 31,000.00 Total 90,000.00 Possible additional funding from the State Department of Fish and Game and the Coastal Conservancy has been requested, but does not appear likely. V. AGREEMENT TO EXTEND AWARD DATE The agreement to extend the award date with the low bidder, Gillespie Construction of Costa Mesa, provides for the following: A. General: 1. Extend allowable time for City Council to award Contract No. 2435 by 135 days. 2. Release Gillespie Construction's bid bond. 3. Agreement may be terminated prior to award of contract by written notification from either party. • 4. Contract time of completion will be modified as necessary at the time of award of contract. 7 September 22, 1986 Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) • Page 4 B. City agrees to award Contract No. 2345 to Gillespie Construction on or before the end of the extended allowable time (February 9, 1987) if the required funds become available. C. Gillespie Construction agrees to complete construction of the project for the costs submitted in their proposal dated August 14, 1986 if award of contract is made before February 9, 1987. VI. RECOMMENDATION Staff recommends the agreement to extend the contract award date for Council approval because it appears that a large portion of the additional funding required for the project may become available in November. The follow- ing information was also considered in preparing this recommendation: A. The low bid is reasonable for the project scope of work. B. The low bidder has satisfactorily performed work for the City in the past and is agreeable to extending the award date without a price modification. C. There are no feasible alternate alignments. D. There are no viable alternate design methods. E. Phased construction of this work is not practical. F. Re- advertising projects without substantial design changes or changes in scope of work generally results in higher bid prices. While extending the award date will allow time to provide for a.large portion of the additional funds required, the City will also be required to pro- vide some additional funding. It is also the City Council's option at this time to reject all bids and re- advertise at a later date if funds are obtained,or to reject all bids and a andon the proj�ct`C c , Ben,lamin B. Nolan, Public Works Director JW:jd Att. is