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HomeMy WebLinkAboutC-2851 - Irvine Avenue and University Drive Bike Trail`:0 Leilani From: Medina, Paul Sent: Thursday, November 12, 1998 11:21 AM To: Ines, Leilani Cc: Tse, Fong Subject: C -2851 - West Bay Park Site Quitclaim to County of Orange City Attorney determined that the City cannot quitclaim the Park Site because it is tidelands and tidelands cannot be quitclaimed. Page 1 10 0 TO: Mayor and Members of the City FROM: Public Works Department I HE C!T ( JAN 26'. ?Iuq -eq' January 26, 1998 JNCIL AGENDA M NO. 12 SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS PROJECT — CONTRACT NO. 2851 RECOMMENDATIONS: 1. Approve the Quitclaim Deed for the City property commonly known as the West Bay Park Site located south of Irvine Avenue /Monte Vista Avenue intersection, within the County of Orange Upper Newport Bay Regional Park. 2. Authorize the Mayor to execute the Quitclaim Deed. 3. Direct the City Clerk to record the Quitclaim Deed. DISCUSSION: As part of the City /County Financial Assistance Agreement, No. D95 -116, (Page 8 attached), the City and the County agreed that upon completion of the project construction the City would quitclaim the 6.07 acres, "West Bay Park Site ", within the Upper Newport Bay Regional Park, APN 119 - 261 -19 (Exhibit 'B "), to the County for ownership and maintenance. The construction of this project has been completed and the City has received full payment from the County for its share of the project costs. It is recommended that the City execute and record the attached Quitclaim Deed. espectfully submitted, on We Public Works Director y: Fong T Assistant Civil Engineer Attachments: Agreement No. D95 -116 Page 8 • Quitclaim Deed West Bay Park Site, Exhibit A Site Map, Exhibit B f:\ groups \pubwork s\counci I \98 \j a n- 26\c- 2851.d oc 1 2' 3 4; 51 7! i 8' I 9 I 101 11� 12! 13 14 1 15i 16' i 17; 18i. I 191 20� i 211 22 f 23' 24 25 26 271 281 Agreement No. D95 -116 11. FAILURE TO COMPLETE • CITY agrees that in the event it, or its successor in interest, does not complete construction of said PROJECT as specified in Paragraph 2 above, AGREEMENT shall be subject to termination as specified in Paragraph 10 above. 12. PROJECT RIGHT OF WAY The Lpper Newport Bay Regional Park is bounded by Irvine Ave, University Drive and the Upper Newport Bay Ecological Reserve. Property within the park boundary is owned by the CITY and the County. The existing property is encumbered with a series of trail easements for public access. The adjoining portions of Irvine Ave and University Drive are within easements to the CITY. The construction of the bike trail improvements will be within both CITY owned property and COUNTY owned property. The construction of the Irvine Avenue street improvements near University Drive will be within existing street easement and a small portion of COUNTY property. It is the intention of both parties that at the completion of project construction the COUNTY will own all property within park boundary. The Class 1 bike trail is within the park boundaries, and the new bike trail and proposed park trails provide public access as anticipated by the existing trail easements. It is therefore agreed that the following actions take place at completion of construction. a. CITY agrees to quitclaim CITY interests in parcel Assessor's Parcel #119- 261 -19 located within park to COUNTY. b. CITY and COUNTY agree to a property exchange to provide needed street right -of -way for Irvine Avenue in exchange for portion of excess University Drive right-of-way. "Exhibit V C. COUNTY shall prepare a map depicting trail locations within park to replace existing public access easements. See attached Trail Alignment Plan, marked "Exhibit c ", and by this reference made a• -8- RECORDING REQUESTED PA&AND WHEN RECORDED MAIL TCIP . City of Newport Beach 3300 Newport Blvd. •ox 1768 Newport Beach, Ca. 92659 -1768 Public Works Department MAIL TAX STATEMENT TO: DOCUMENTARY TRANSFER TAX$ ........ ............................... ....Computed on the consideration of value of property conveyed; OR ....Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agency determining tax -Firm Name QUITCLAIM DEED FOR NO CONSIDERATION, the CITY OF NEWPORT BEACH, a municipal corporation 9 does hereby REMISE, RELEASE AND QUITCLAIM to, the COUNTY OF ORANGE 1] the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" and delineated on Exhibit 'B" attached hereto and made a part hereof. Dated: f:\ users\ pbw \pmedina\recorder\quitcdd.doc City of Newport Beach a California municipal corporation Thomas C. Edwards, Mayor 0 0 EXHIBIT A • WEST BAY PARK SITE That certain parcel of land in the City of Newport Beach, County of Orange, State of California described in a Deed to the City of Newport Beach filed in Book 13905, Pages 1436 through 1439 of Official Records in the office of the County Recorder of said County, said certain parcel being more particularly described as follows: All that portion of Blocks 4, 5 and 51 of Irvine's Subdivision filed in Book 1, Page 88 of Miscellaneous Maps in the office of said County Recorder described as follows: Beginning at the southwesterly terminus of that certain course in the southeasterly right -of -way line of Irvine Avenue shown as N 40 238'10" E 333.39 feet on Record of Survey Map No. 80 -1102 filed in Book 105, Page 5 of Records of Survey in the office of the County Surveyor of said County; thence along said right -of -way line N 40438'10" E 303.39 feet; thence S 49°22'09" E 160.00 feet to the beginning of a tangent curve concave to the north and having a radius of 260.00 feet; thence easterly along said curve through a central angle of 64 °14'30" a distance of 291.52 feet; thence non - tangent to said curve S 19 222'51" W 349.97 feet; thence S 70437'09" E 31.97 feet to that certain course having a bearing and length of S 53422'27" W 442.40 feet in the northerly boundary of that certain parcel of land described in deed to the State of California recorded in Book 11382, Page 1876 of said Official Records; thence along said boundary S 53424'17" W 338.26 feet; thence N 36435'43" W 95.87 feet to a point on a non - tangent 175.00 -foot radius curve that is concave to the northeast, a radial line to said point bears S 1418'21" E; thence northwesterly along said last mentioned curve, through a central angle of 72411'59 ", a distance of 220.52 feet to the beginning of a reverse curve concave to the southwest and having a radius of 175.00 feet; thence northwesterly along said last mentioned curve, through a central angle of 44445'00 ", a distance of 136.68 feet; thence N 63 951'22" W 23.07 feet to a point in the southeasterly right -of -way line of said Irvine Avenue, said point being in a 725.00 400t radius curve concave to the southeast, a radial to said point bears N 63 5251'22" W; thence northeasterly along said last mentioned curve, through a central angle of 14429'32 ", a distance of 183.38 feet to the Point of Beginning. f:\users\pbvApmedina\easement\westbay.doc N O R T H 0 2N h 0 2 ,1O / �O MCA. No / � J EXHIBIT "B" 1 r I >0 \ IRVINE SUBDIVISION BLOCK LINE t� \ R = 260.00' \ = 640141',011 \ L = 291.52' B0_A�°�02 R = 725.00' WEST BAY PARK SITE L = 183.3832 PER O.R.1390511436 R = 175.00' 6 10 b = 44045'00" F. 11�� ,L = 136.68' R = 175.00' L = 72011'59" L = 220.52' N 36035'43" W 95.87' S 70037'09" E 31.97' 0) 4f) ^> 0 o> Nosporl Inbi/�/t ion Sys Pwblip Work eoportmo Januory tvve aV-M- a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 25, 1996 (714) 6443005 Clayton Engineering 3661 Spruce St. Newport Beach, CA 92660 Subject: Surety: Continental Casualty Company Bond No.: 137942904 Contract No.: C -2851 Project: Bike Trail and Street Improvements, Irvine Avenue and University Drive Adjacent to Upper Bay Regional Park On August 12, 1996, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on August 20, 1996, Reference No. 19960425945. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTEMBY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard u olevard Newport Beach, in the City of Orange California l IIIIIIIIINIIIII III IIIill lllllllrll lllll�lilllllll�eIIIIIIIIN erk /RNo Fee, r 199604259451911:27am 06/20/96 005 19002565 19 24 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Clayton Engineering as Contractor, entered into a Contract on December 13, 1995 Said Contract set forth certain improvements, as follows: Bike Trail and Street Improvements. Trvine Avenue and University Drive Adjacent to Upper Bay Regional Park, Contract No. 2851 Work on said Contract was completed on ,Tune 5, 1996 , and was found to be acceptable on August 12, 1996 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Continental Casualty City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on L -C a cti yi /S / 1 V b , at Newport Beach, California. BY`167� City Clerk r1 AUR CITY c: La> U2, OF NEWPOA BLEB -- -`) J i 1k , r c CI rYr NEWPORT BEACH . August 12, 1996 AUG 1 21996 CITY COUNCIL AGENDA V ITEM NO. iz TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE OF BIKE TRAIL AND STREET IMPROVEMENTS, IRVINE AVENUE AND UNIVERSITY DRIVE ADJACENT TO UPPER BAY REGIONAL PARK, CONTRACT NO. 2851. RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. . DISCUSSION: The contract provided for: 1) street pavement, curb & gutter, and drainage improvements along the east side of Irvine Avenue; 2) a new right turn lane on Irvine Avenue at University Drive; 3) the widening of the south side of University Drive including cul -de sac improvements at the terminus of University Drive; and, 4) the removal and reconstruction of a pedestrian/bike trail within the Upper Newport Bay Regional Park. The construction of the project has been completed to the satisfaction of the Public Works Department. The contractor was Clayton Engineering, Inc. of Newport Beach, California. The bid price was $1,216.787.65 The amount of unit items constructed 1,240,834.13 Net amount of change orders (25,087.54) Total contract cost $1,215,746.69 Six (6) change orders were issued to complete the project. They were as follows: 1. A change order in the amount of $5,769.00 provided for construction of a short sidewalk along the westerly side of Irvine Avenue near Private Road for • purposes of safe passage for peds/bikes during construction. 2. A change order in the amount of $14,898.08 provided for the removal of oversaturated soils, the importation of crushed rock and the installation of a PVC piping system to create a drainage system adjacent to the roadway. 0 a SUBJECT: COMPLETION AND ACCEPTANCE OF BIKE TRAIL AND STREET IMPROVEMENTS, IRVINE • AVENUE AND UNIVERSITY DRIVE ADJACENT TO UPPER BAY REGIONAL PARK, CONTRACT NO. 2851. August 12, 1996 Page 2 3. A change order in the amount of $45,385.98 provided for the removal of oversaturated soils and spreading same on site; and replacement of fill with on- site dry material. 4. A credit change order in the amount of ($110,410.00) provided for the deletion of a $265,000 lump sum erosion control planting and irrigation item and substitution of same at a downscaled version throughout the project limit. 5. A change order in the amount of $2,071.70 provided for the removal and reconstruction of damaged curb & gutter along Irvine Avenue. 6. A change order in the amount of $17,197.70 provided for several items such as the installation of no- parking signs, storm drain trench repair caused by breakage of unknown water line, water line repair, and adjustments to bid unit prices. Funds for the project were budgeted in the following funds: n LJ General Fund (Irvine Ave. Improvements.) 7013- C5100137 $55,973.17 Gas Tax (Irvine Ave. Improvements.) 7181- C5100137 243,737.90 County Contribution (Irvine Ave. Improvem.) 7254- C5100137 666,135.67 SB 821 Fund (Irvine Ave. Bike Trail) 7283- C5100203 249,899.85 TOTAL $1,215,746.59 The project with the exception of the landscape maintenance period was completed on June 5, 1996; well ahead of the September 30, 1996 scheduled completion date. A 90 day landscape maintenance period will expire September 4, 1996. Respectfully submitted, P=WOR PA RTMENT Don Webb, Director By Horst Hlawaty • Construction Engineer Attachment: Map m C� C-] i i 4 4 i IRVINE AVENUE/UNIVERSTY DRIVE • STREET IMPROVEMENTS AND UPPER NEWPORT BAY REGIONAL PARK BICYCLE/PEDESTRIAN TRAIL • LJ • MAY 2 8 I9 °6 TO: Mayor and Members of the City Council FROM: Public Works Department (31, May 28, 1996 CITY COUNCIL AGENDA ITEM NO. F o � CT C� �n ct � SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS - CONTRACT NO. 2851 RECOMMENDATIONS: 1. Approve an amendment to the Consultant Agreement with Ninyo & Moore to provide for additional compensation in the amount of $7,794.00. The revised total compensation for services shall not exceed $37,555.00 2. Approve a budget amendment to adjust revenues in the amount of $3,897.00 to the Contributions Fund and increase the appropriation to Account No. 7254 - 05100137, in the amount of $3,897.00. DISCUSSION: As part of the construction engineering efforts required for this project, the City and the County of Orange jointly contracted with Ninyo & Moore Geotechnical and Environmental Sciences Consultants to perform geotechnical observation, testing, and certification services. The maximum fee for these services was established at $29,761.00. An estimated scope of work for Ninyo & Moore was prepared using data collected from the field investigations conducted during project design. However, during construction, a number of conditions not previously revealed by the field investigations were encountered by the Contractor and delayed the construction work. These unforeseen conditions included the presence of a large quantity of unsuitable /wet soil that had to be excavated and replaced; ground water seepage; the design and installation of subdrains; the discovery of a 30 -inch water - filled abandoned storm drain pipe and manhole structure; and other miscellaneous soil conditions. These field discoveries required Ninyo & Moore to perform additional observation, testing, and certification services that were not part of the original scope of services. 0 SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS - CONTRACT NO. 2851 • May 28, 1996 Page 2 Attached is the April 24, 1996, correspondence from Ninyo & Moore requesting additional compensation for completing the remaining observation, testing, and certification work. Since the new bike trail is located within County of Orange right -of- way and the County will be responsible for maintaining the new improvements, the City must certify to the County that all geotechnical construction work was completed satisfactorily. The additional compensation will allow Ninyo & Moore to complete the certification work required for the County to accept the project. Pursuant to the amendment to the Consultant Agreement, the compensation to the consultant will be increased from $29,761.00 to $37,555.00. As provided by the City /County Agreement No. D95 -116, the additional consultant cost will be equally shared between the City and the County at $3,897.00 each. Funds for the additional compensation currently exist in the General Fund project account. Upon approval of the recommended budget amendment, the County Contribution account will have sufficient funding, as follows: Description Account No. Amount General Fund 7013- C5100137 $ 3,897.00 • County of Orange Contribution 7254- C5100137 $ 3,897.00 Respectfully submitted, W 1 Don Webb Public Works Director Fong Tse Assistant Civil Engineer • f:\groups\pubworks\councii\may\ba-ninyo 0 0 • AMENDMENT NO. 1 TO Construction Geotechnical Observation and Testing Services for Irvine Avenue and University Drive Bike Trail and Street Improvements Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY"), and the firm of NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, whose address is 9272 Jeronimo Road, Suite 123A, Irvine, CA 92718 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: • A. On March 11, 1996, a Consultant Agreement for Construction Geotechnical Observation and Testing Services was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in the AGREEMENT, CONSULTANT hereby agrees to perform the services and scope of work as outlined in Exhibit "A" dated April 24, 1996, attached hereto and by this reference made a part hereof. 2. CITY hereby agrees to compensate CONSULTANT for the additional services and scope of work in an amount not to exceed $7,794.00 as set • E forth on TABLE 1 of Exhibit "A" dated April 24, 1996, attached hereto and by this reference made a part hereof. 3. The maximum compensation to CONSULTANT is hereby revised from $29,761.00 to $37,555.00. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 TO AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation oil APPROVED AS TO FORM: City Attorney Mayor CONSULTANT N-W ATTEST: City Clerk Ninyo & Moore Consultants 0 • 04/50/96 14:08 %2714 472 $445 NINYO & YOORE April EXHIBIT "A" •. Project • 200259-03 Mr. Robert Masters City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Subject: Budget Status Construction Observation Services Irvine Avenue Bike Trail Newport Beach, California Reference: Ninyo & Moore, 1996, "Revised Proposal for Geotechnical Observation and Testing Services, Irvine Avenue and University Drive Bike Trail and Street Improvements, Newport Beach, California," dated November 28, 1995, revised January 10, 1996. • Dear Mr. Masters: As discussed during our recent conversations, due to an increase in the duration of the contractor's work, we have reached our approved budget for observation services at the project as outlined in the above - referenced proposal. Based on our understanding of the construction progress, we anticipate that observation and testing of the completion of the project will require approximately two and one -half additional weeks of technician time. Our services during this additional construction duration will consist of field observation, documentation and testing of embankment fill, backfill, subgrade materials, aggregate base and asphalt concrete. Our services will also include project coordination and preparation of a report summarizing the results of our field and laboratory testing. Our services will continue to be performed on a time- and - materials basis as discussed in our previous proposal. We estimate that our fee to perform the remainder of the required observation and testing services and to document the work with an as- graded report will increase by approximately $7,800 (Seven Thousand Eight Hundred Dollars). This will 002 10225 Barnes Canyon Read Suite A -112 San Diego. California 92121 • ?hone (619) 457 -0400 • Fax 1619) 558.1236 9772 Je'CniMo Road • Su ^C 123h Wine. California 92718 ' Tt_ne 17 ;4; 472 -5444 . Fas ;714) 472 -5445 / 155 Wes! wospc:a!rty Lane • Suite 165 • San Be•: arOmo. Ca:'oma i. -)9 • Pho -e 19091363-8777 • Fax 19 09t IRI-S a 04/30/96 14:09 V714 472 5445 MAYO & 310ORE _. -- 1©000 Irvine Avenue and Unitity Drive April 24, 1996 Bike Trail and Street Improvements Project No. 200259 -03 increase our total fee to approximately $37,550 (Thirty-Seven Thousand Five Hundred Fifty • Dollars). We appreciate the opportunity to be of service on this project. Should you have any questions regarding this letter, we will be pleased to meet with you at your convenience Respectfully submitted, NINYO & MOORE Erik Olsen, PE Senior Project Engineer EOMAS/JV /av Jalal Vakili, Ph.D., PE Principal Engineer Distribution: (2) Addressee Attachment: Table 1 — Breakdown of Additional Estimated Fees 2 • *4XYV& *UU' °@ • 04/30/90 14:09 12714 472 $445 NINYO & MOORE - - "` Irvine Avenue and Uniissity Drive • April 24, 1996 Bike Trail and Street Improvements Project No. 2MZ59 -03 TABLE 1 - BREAKDOWN OF ADDITIONAL ESTIMATED FEE Field Technician 100 hours @ $ 49/hour S 4,900 Vehicle Charge 100 hours @ $ 6/hour $ 600 Subtotal............ $ $,S00 Per orig nal contract 2,294 Subtotal............ S 2,294 TOTAL ESTIMATED ADDITIONAL FEE............ $ 7,794 ! ORIGINAL ESTIMATED FEE............ $ 29,761 • i 0 00.- �Jyf i 6 Mm 3,11 AO» <9- v i y2. d �tia r�r 0 BIKE TRAIL TINDER CONSTRUCTION — UPPER NEWPORT BAY EXHIBIT 'B' o3rTy OEL City of Newport Beac NO. BA- 043 41 BUDGET AMENDMENT 1995 -96 AMOUNT: 57,79a.00 .EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balanc Transfer Budget Appropriations No effect on Budgetary Fund Balanc SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $7,794 for additional compensation to Ninyo & Moore. The County has agreed to pay for one half of the additional compensation, therefore increase revenue estimates by $3,897. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Em d Account Description General Fun 010 3605 Fund Balance Control $3,897.00 • REVENUE APPROPRIATIONS (3601) Fund /Div Account Description 250 4900 County Highway Funds $3,897.00 EXPENDITURE APPROPRIATIONS (3603) Description Divisio Number 7254 County Contributions Accoun Number C5100137 Irvine Ave Improvements, Santiago /University $3,897.00 Divisio Number 7013 Street Accoun Number C5100137 Irvine Ave Improvements, Santiago /University $3,897.00 Divisio Number Accoun Number Divisio Number Accoun Number Project Number Signed: Signed: • Signed: Financial Approxd'.. Finance City Manager City Council Approval: City Clerk AufomaW Date i 0 C -ag51, AMENDMENT NO. 1 TO Construction Geotechnical Observation and Testing Services for Irvine Avenue and University Drive Bike Trail and Street Improvements Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this 12_1-h day of To n e 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY"), and the firm of NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, whose address is 9272 Jeronimo Road, Suite 123A, Irvine, CA 92718 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On March 11, 1996, a Consultant Agreement for Construction Geotechnical Observation and Testing Services was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in the AGREEMENT, CONSULTANT hereby agrees to perform the services and scope of work as outlined in Exhibit "A" dated April 24, 1996, attached hereto and by this reference made a part hereof. 2. CITY hereby agrees to compensate CONSULTANT for the additional services and scope of work in an amount not to exceed $7,794.00 as set 0 0 forth on TABLE 1 of Exhibit "A" dated April 24, 1996, attached hereto and by this reference made a part hereof. 3. The maximum compensation to CONSULTANT is hereby revised from $29,761.00 to $37,555.00. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 TO AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: _AlJ Mayor APPROVED AS TO FORM: 1 City Attorney CONSULTANT BY: ALAL V"IL 6 �/�f�`�` /woa- Ninyo J & Moore Consultants ATTEST: Cify CIe June 4. 1996 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443311 RECEIVED JUN -6 10 Erik Olsen, P.E. NRIYO AND MOORE Senior Project Engineer ORANGE COUNTY OFRCE Ninyo & Moore Geotechnical and Environmental Sciences Consultants 9272 Jeronimo Road, Suite 123A Irvine CA 92718 SUBJECT: CONSULTANT AGREEMENT FOR TRANSPORTATION MODELING Dear Mr. Olsen: Enclosed is a consultant agreement to perform transportation modeling in conjunction with an amendment to the Circulation Element of the General Plan. Please sign and return the original to Shauna Oyler in the Public Works Department. Upon execution by the City, I will forward a copy to you for your files. Thank you. Very truly yours, Shauna Oyler Executive Secretary Public Works Department /bb f: \wp51 \bev\ag reemnt. doc Enclosure 3300 Newport Boulevard, Newport Beach • CJ TO: Mayor and Members of the City Council FROM: Public Works Department March 25, 1996 CITY COUNCIL AGENDA , MAR 25 SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1' gIKET STREET IMPROVEMENTS PROJECT - CONTRACT NO. 2851 RECOMMENDATIONS: AND 1. Authorize the Mayor and the City Clerk to execute Amendement No. 2 to the existing Design Engineering Services Consultant Agreement with IWA Engineers for final engineering services. 2. Authorize the City Manager and the City Clerk to execute a consultant agreement with IWA Engineers for construction engineering services. DISCUSSION: I. FINAL ENGINEERING SERVICES A Cooperative Agreement was approved by the City Council on June 22, 1992, and by the County Board of Supervisors on August 18, 1992, to provide for the design of the proposed improvements. An amendment to the original engineering services agreement with IWA Engineers was approved by the City Council on November 28, 1994, to fund the significant grading and design modifications that resulted in substantial savings in construction costs. Since the execution of the first amendment, additional design changes were required by the County to complete the plans, specifications, and cost estimates. These additional design items included revising the bike trail alignment around archaeological sites and the future County Interpretive Center; revising storm drain designs along University Drive, Irvine Avenue, and the bike trail to reduce storm flow in the streets and to replace existing deteriorated storm drain pipes discovered during a video inspection; revising utility services and connections for the future County Regional Park; and providing miscellaneous changes and coordination associated with re- starting the project due to the County bankruptcy. The cost of these additional design changes is $28,069. The existing cooperative agreement with the City and the County specifies that • the City and the County equally share the design costs of this project. City and County staffs have reviewed the request for additional engineering services and the attached letter from the Orange County Harbors, Beaches, and Parks Department approves the additional expenditures. • 0 SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS PROJECT - CONTRACT NO. 2851 March 25, 1996 Page 2 Funding for the City's and the County's share of the final design changes are available in the current budget and should be encumbered as follows: General Fund Account No. 7013- C5100137: $14,034.50 Contributions Fund Account No. 7254- C5100137: $14,034.50 II. CONSTRUCTION ENGINEERING SERVICES AGREEMENT On November 7, 1995, the City of Newport Beach and the County of Orange entered into a Funding Assistance Agreement No. D95 -116 where the City and the County agreed to share the costs of the construction work and construction engineering services for this improvement project. IWA Engineers has submitted a proposal dated February 2, 1996, to provide needed construction engineering services on a time- and - materials basis. The IWA proposal includes NPDES /SWPPP documentation; preparation of cross - section plans for control of embankment fill; retaining wall inspections; review /approval of construction submittals; preparation of as -built plans; and attendance at meetings for an estimated fee not to exceed $27,228. IWA Engineers prepared the final engineering plans, specifications, and estimates for this project and is intimately familiar with the project's construction requirements. City staff has reviewed IWA's proposal and recommends that the consultant agreement be executed with IWA Engineers for the needed construction engineering services. Funding for the City's and the County's share of the construction engineering services are available in the current budget and can be encumbered as follows: General Fund Account No. 7013- C5100137: $13,614.00 Contributions Fund Account No. 7254- C5100137: $13,614.00 Res p II bmitted, Public Wo s Department Don Webb. Director , Wolter Projects Engineer Attachments • • • • r � L.J • 1] AMENDMENT NO. 2 TO CONSULTANT AGREEMENT CIVIL ENGINEERING SERVICES DURING CONSTRUCTION OF IRVINE AVENUE AND UNIVERSITY DRIVE CLASS 1 BIKE TRAIL AND STREET IMPROVEMENT CONTRACT NO. 2851 0 THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this day of . 1996 by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and IWA ENGINEERS, whose address is 17390 Brookhurst Street Suite 100, Fountain Valley, CA 92708 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: A. On September 24, 1992, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. On June 14, 1995, Amendment No. 1 was entered into by and between the CITY and the CONSULTANT. C. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of the Agreement , which commenced on September 24, 1992, shall be extended to expire on May 31, 1996. 2. In addition to the services described in the AGREEMENT, CONSULTANT shall complete the services and work as detailed in the attached Additional Budget Request dated February 6, 1996, hereto set forth in Exhibit "A ". 3. CONSULTANT shall be compensated for the additional performed services pursuant to this Amendment in the amount and manner set forth in Exhibit "A ", which is attached hereto and incorporated by the reference. The maximum fee shall not to exceed $28,069. .5 • • 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force • and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation Em APPROVED AS TO FORM: City Attorney Mayor ENGINEER BY: ATTEST: City Clerk IWA ENGINEERS C-] • a 17149689286 • II/1 February 6, 1996 •a ENGINEERS IWA ENGINEERS 17390 &ookhu rsr sheer. Slue 100 Fountain Valley. Co b«nio 92108 (714)968-1221 • FAX (714) 968 -9286 Mr. John Wolter City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92658 F -9577 P- 002/021 FEB 05 196 16:35 PROJECT: Irvine Avenue Bike Trail and Street Improvements Additional Budget Request Dear John: 252 -05 -018 Having completed and submitted the Final Engineering Plans, Specifications and Cost Estimates for the above mentioned project, we feel it is necessary to review the status of our current contract for Final Engineering Services. As you are aware, we have exceeded the current contract amount in providing additional services requested by the City as necessary to complete the project design plans and bid documents on a very restrictive schedule. The City of Newport Beach executed a Consultant Services Agreement with IWA Engineers on • September 28, 1992 for $120,000 to provide Final Engineering for the above mentioned project. The original contract was amended on January 18, 1994 with an Additional Services Agreement for $25,300 to pay for services described in a letter from IWA to the City dated January 18, 1994. An Additional Budget Request for a 1,840 was verbally authorized in June of 1994 to pay for grading design modifications requested by the City. An Additional Services Agreement was approved on June 14, 1995 for $41,000 to pay for additional items of work requested by the County of Orange as described in a letter from IWA to the City dated October 28, 1994. The current total contract to complete the Final Design of the project Is $188,140.00. At this time; we request an additional budget amount of $28,069 to pay for the work performed by IWA Engineers and its subconsultants to complete the additional work as requested by the City and described below. In November of 1994, the City authorized IWA to begin the additional work as described in the letter of October 28, 1994. The County agreed to pay the City for half of the $41,000 design fees since most of the changes were requested by the County. Although the City verbally authorized the work, the City Council had not approved the additional expenditure prior to the project being put on hold in January of 1995 due to the County bankruptcy in December of 1994. By January, IWA had already completed 90% of the total scope of work necessary to complete the project. The County approved the funds for completing the project in June of 1995 and the City Council was then able to approve the $41,000 expenditure on June 14, 1995. The remaining balance of the total amended contract on June 23, 1995 was $20,713. The items of work remaining included preparing specifications, estimates, and processing the plans through the City for review and comments. On July 5, 1995, IWA Engineers met with the City and the County to re -start the project, revisit design issues, and discuss project status. As a result of this meeting, some new design requirements were established which were not included in the original or amended scope of Al "` MIJNi 97 {LNL,2rr,rd,l J 17149684286 ENGINEERS F -9577 P- 0031221 F® 05 '96 16:36 • Mr. John Wolter February 6, 1996 City of Newport Beach page 2 work. Based on the additional work identified, IWA sent the City a letter on July 13, 1995 explaining the current contract would not be sufficient to complete the final plans, specifications, estimates, due to the City's latest additions to the scope of work. At that time, the City verbally authorized IWA to proceed with work as necessary to complete the project and assured IWA compensation would be made at a later date. Since that time, the City and the County of Orange have made more requests for additional work beyond the original and previously amended scope, and beyond that Identified on July 5, 1995. Various other efforts were also added to the scope by way of 1) changes to original design criteria, 2) preparation of intermediate plan submittals, 3) coordination with the County, the Geotechnical Consultant, and the City staff, 4) revisions to the specifications and cost estimates, and 5) costs associated with stopping and restarting a project. Attached is the associated breakdown of tasks and hours worked to date and estimated to complete the project. These tasks represent the various additional items of work requested by the City to be included in the plans, specifications, and cost estimates which are not part of the original or amended scope of work. A breakdown of the fees for each task listed Is as follows: A. Additional Items of work requested by the City at the meeting of July 5, 1995: • Dpe_criotinn Celt 1. Revise Bike Trail Vertical Alignment at Archaeo. Site 82,100 2. Revise Bike Trail Alignment at Interpretive Center 720 3. University Drive Drainage Design 6,502 4. Decorative Concrete Strip Along Irvine Avenue 856 5. Modify Bike Trail Drainage at Toe of Slope 1,790 6. Provide Additional Utility Plans 11558 7. Provide Modifications and Additions to Specifications 2,300 8. Associated Meetings and Coordination 1..462 Subtotal: $17,290 B. Additional items of work as requested by the City between July 5, 1995 and October 13, 1995: 1. Irvine Avenue Storm Drain Replacements $2,987 2. Irvine Avenue Curb Profile 2,297 3. Cost Estimates 2,090 4. Reimbursables • Subtotal: 87,902 17149689266 • ENGINEERS F- 9890 -77 P-004/221 FES 85 '% 16:36 Mr. John Wolter February 8, 1996 City of Newport Beach Page 3 C. Additional hems of work as requested from the City between October 13, 1995 and October 31, 1995: 1. Bike Trail Area Drainage Inlets and Culverts 2. Irvine Avenue Storm Drain Plana 3. Irvine Avenue Structural Section Modification Further explanation of each item is provided below. 41,042 1,460 37b Subtotal: $2,877 Total $28,069 A. Additional Items of Work Requested from the City and County at the Meeting of July 5, 1995 and Identified in the letter of July 13, 1995: 1. Revise Bike Trail Alignment at Archaeological Site Cost: $2,100 This work was completed as described in the July 13 letter at a higher cost than originally anticipated in the letter due to additional grading design effort required in the areas where the City requested the bike trail profile be raised. This Mange created the potential for water to be trapped between the proposed curb of Irvine Avenue and the bike trail. 2. Revise Bike Trail Alignment at Interpretive Canter Cost: $720 This work was completed as described in the July 13 letter at a higher cost than originally anticipated in the latter since the County made several changes to their Interpretive Center entrance design and made requests for changes to the bike trail alignment in the vicinity of the entrance. The horizontal and vertical alignments of the bike trail were ultimately modified to accommodate a driveway entrance designed by IWA. This was preferred by the City rather than waiting for the County to provide the latest design information since the County indicated their design schedule was significantly behind ours. This work also includes the many bike trail alignment design iterations at the Interpretive Center entrance and at the intersection of Irvine Avenue and University Drive resulting from coordinating with the County and incorporating the County's changes. 3. University Drive Drainage Design Cost: $6,502 . This work was completed as described in the July 13 letter at a higher cost than originally anticipated in the letter due to various changes in scope related to storm drain design. The original scope did not include the preparation of storm drain -plans, however, storm drain plans are now a part of the final plans. The ultimate storm drain 7 fl7' Mr. John Wolter February 8. 1998 City of Newport Beach Page 4 design followed the chronology of tasks performed by IWA, at the direction of the City, as described below. a. Originally, the drainage system designed to drain Irvine Avenue near the Intersection of University Drive, included a proposed curb inlet approximately 100 feet south of the intersection on Irvine Avenue. An 18 inch pipe was proposed to carry flows from the inlet to the Back Bay by crossing under the bike trail and daylighting through a concrete headwall. The County was not in favor of this design for the following reasons: I. Concentrated flows of such a pipe system, would cause new undesirable erosion patterns in the Back Bay. 2. A headwall outlet with a rlp -rap pad was not aesthetically desirable in keeping with the Back Bay Park design. 3. Street runoff carried into the Bade Bay Park would not be environmentally acceptable. b. Given the County's concerns, the City's direction was to analyze other alternatives including a retention basin between the proposed curb line of Irvine Avenue and the bike trail, or possibly diverting the water in Irvine Avenue into the gutter akmg the northerly side of University Drive. Both alternatives were analyzed and the retention basin was reviewed by the County, however, this drainage issue was not resolved when the project was put on hold in January of 1995. C. Once the project was restarted, the City's direction was to design a storm drain system along the southerly side of University Drive using a crowned street section to carry flows from the intersection and constructing a single curb inlet just west of the Interpretive Center entrance, (instead of constructing a curb inlet in Irvine Avenue as described in (a.) above). This design would also include an 18 -inch pipe to cross under, and daylight just east of, the Interpretive Center entrance where an earth channel or concrete V -ditch would be constructed. d. IWA performed a hydraulic analysis of the proposed storm drain system described in paragraph (c.) which showed that a single inlet along University Drive would not be sufficient to meet the City's 10 -year storm flooded width criteria at the inlet location. e. it was decided the most suitable design would require the storm drain system to include an inlet in the easterly curb of Irvine Avenue just south of the curb return at University Drive, similar to the system described in paragraph (a.). Unlike the system described in paragraph (a.), this system design also required a curb inlet • be constructed along University Drive as described in paragraph (c.) with a pipe connecting the two inlets. Also included would be a pipe constructed from the University Drive inlet to cross under the Interpretive Center entrance and continue eastward along the southerly side of University Drive. The outlet of �J • r1 LJ 17149689286 0 ENGINEERS F- 9884p77 P- 006/021 FEB 05 196 16:37 Mr. John Wolter February 6. 1996 City of Newport Beach Page 5 this pipe would daylight at the downstream end just east of the existing concrete V- ditch, requiring a total of approximately 1200 feet of 18 inch RCP and two curb inlets. f. Given the City's desire at the outset of the project design to keep project costs minimized, IWA prepared a faasibilitylhydraufic study of returning University Drive to a full tilt section, rather than a crowned section, and constructing a concrete cross gutter to carry flows into the northerly side of University Drive, thus eliminating all of the storm drain pipes and inlets. This design was found to meet the City's flooded width design criteria at a greatly reduced cost. This work also involved an iterative design process with regard to the Irvine Avenue curb profile. Q. The City's ensuing direction was to proceed with the 1200 foot storm drain design described above in paragraph (e.). This work included preparation of a storm drain hydraulic analysis for hydraulic grades, inlet sizing, and flooded width. It was also necessary to design an outlet transition structure where the storm drain pipe empties into the concrete V-ditch at the toe of the cul -de -sac embankment slope. 4. Decorative Concrete Strip Along Irvine Avenue Cost: 8858 This work was completed as described in the July 13 letter at a higher cost than originally anticipated in the letter due to modifications required to accommodate additional utility and drainage work described in item 6 below for the new curb inlets and fire hydrant replacements. 5. Modify Bike Trail Drainage at Toe of Slope Cost: $1,790 This work was completed as described in the July 13 letter. The cost shown reflects the actual effort to complete the task. 8. Additional Utility Plans Cost: $1,558 This work was completed as described in the July 13 letter at a higher cost than originally anticipated in the letter due to efforts described here which were not foreseen on July 13. A total of five 2 -inch water services and five fire hydrant replacements were included in the plans. This included a meeting and coordination with the City's Utility Personnel. No sewer provisions were included on the fowl plans, however, at one point a plan and profile for a force main sleeve crossing under the bike trail was added to the plans to provide for a future force main to be constructed as part of the County's Interpretive Center plans. The sleeve was later removed from the plans at the City's direction. 17149689286 *A ENG I i EERS Mr. John Wolter City of Newport Beach 7. Modifications and Additions to Specifications February 6, 1996 Page 6 Cost: $2,300 The cost to provide additional specifications includes the efforts in revising and making additions to the specifications to reflect all of the items of work described in this letter and does not include work to prepare the specifications or make changes per comments received which was within the current scope. 8. Associated Meetings and Coordination Cost: €1,462 Since the project start -up meeting on July 5, 1995, IWA has attended four meetings as necessary to complete the project as follows: 1. August 22, 1995 at IWA Engineers - Discussed various issues relating to County concerns (based on fax received from City on 8/21/95), project schedule, seed mix, borrow sites, etc. September 27, 1995 at the City's Utility Department - Discussed utility Issues relating to fire hydrant relocations, water services, sewer services and cost estimates. 3. October 11, 1995 at the City - Discussed outstanding issues relative to plans, specifications, and estimates. Items discussed include the handling of overexcavation, archaeological excavation, additional storm drain Improvements, utility coordination, detours, pavement types, etc. 4. October 20, 1995 at the City - Discussed earthwork payment methods, final submittal comments including bike trail area drains and additional storm drain improvements. Of these four meetings, the meetings of September 27 and October 11, 1995 were required for purposes related to additional items of work as described in this letter. B. Additional Items of Work Requested Between July 5, 1995 and October 13, 1995. 1. Irvine Avenue Storm Drain Replacements Cost: 82,987 This work involves replacing portions of two existing RCP storm drain pipes which originate at drainage inlets along Irvine Avenue at Street Stations 33+85 and 48 +70. The locations of the existing pipes beyond the curb lines of Irvine Avenue were not part of recorded as- bunts in the files of the City or the County and were not known by IWA to exist until after the first week in October, 1995. The City provided IWA with data from camera investigations which showed these pipes to be in excessive disrepair. The City, therefore, requested IWA include on the plans the replacement of the portions of these pipes within the limits of the bike trail grading. J • L J n U 17149689286 Mr. John Wolter City of Newport Beach • ENGINEERS 2. Irvine Avenue Curb Profile F- 968.577 P- 008/021 FEB 05 '96 16:39 February 6, 1996 Page 7 Cost: $2,297 Throughout the course of the plan preparation, the City's direction with regard to the design of the proposed Irvine Avenue curb profile was to provide for a 2 -inch AC overlay to be constructed shortly following the completion of this project. On October 10, 1995, the City changed this direction and requested the curb profile be designed without provisions for a 2 -inch AC overlay in the near future. This required changing the entire proposed curb fine of Irvine Avenue by lowering it to meet the City's cross fall criteria. 3. Cost Estimates Cost: $2,090 Due to the County's involvement with the project funding, various cost estimates were prepared to show a breakdown of the construction costs for particular segments of work which could then be assigned to the City and the County for cost sharing purposes. This work also includes revising the cost estimate and bid schedule to reflect the additional items of work as described in this letter. 4. Reimbursable$ Cost: $528 Due to the restrictive schedule, it was necessary to provide additional blue -line plan seta to the City and County for review prior to finalizing the project plans. This cost does not include the originally proposed number of submittal plan sets as normally required to process plans through the City. C. Additional hems of Work Requested Between October 13, 1995 and October 31, 1995. 1. Bike Trail Area Drainage Inlets and Culverts Cost: $1,042 The City requested a number of drainage facilities be added to the plans between the proposed Irvine Avenue and University Drive curb lines and the proposed bike trail alignment. Throughout the course of the plan preparation, the City's direction with respect to these drainage areas was to design the vertical alignment of the bike trail slightly above the existing ground to keep storm water from carrying dirt and silt over the top of the trail. At the same time, this would allow larger flows to overtop the bike trail, but only after de- silting had occurred: It was also the City's interest not to build excessive drainage facilities which would be expensive. Additionally, the County was not interested in constructing facilities which would cause new erosion patterns within the Back Bay. The request to include these 'area drainage Inlets' came after the City decided that issues concerning mitigation of water and sand flowing across the bike trail should take precedence and after the earlier design had been finalized. 2. Irvine Avenue Storm Drain Plans Cost: $1,460 The City requested a new curb inlet be constructed along the proposed Irvine Avenue curb at Street Station 58+50.00 and a storm drain pipe be constructed from this inlet to the curb inlet proposed along Irvine Avenue at Street Station 66 +39.07. ENGINEERS Mr. John Wolter City of Newport Beach 3. Irvine Avenue Structural Section Modification February 6, 1996 Page 8 Cost: 6375 Throughout the course of the plan preparation, the City's direction with respect to roadway pavement design was not to perform pavement studies, but to use the City's minimum standard roadway section of 4 -inch AC over 84nch A8. The City's new direction is to use flinch AC over 104nch AS on Irvine Avenue only. This work required modifications to the typical sections and recalculation of the quantities of AS. The total of additional budget requested for value engineering is $28,069. A summary of the budget history is as follows: Original Contract Amount 6120,000.00 Contract Amendment 25,300.00 Additional Grading 1,840.00 Contract Amendment 41.000.00 Current Contract $189,140.00 • Additional Budget Request 428.069.00 • Total Budget Amount $216,209.00 Throughout the project we have worked diligantly toward its completion. We believe we have kept the City involved and informed as thoroughly as possible regarding the design, design fees, and construction costs, and have continued to do so with respect to the additional items of work requested. We look forward to the City's timely processing of our additional budget request. If you have additional questions, please call me to discuss. Sincerely, L V ,&,- 44--- Jon Austin Project Engineer cc: Susan Incledon Marie Marston Fong Tse Attachment • Loielot---J.lk \ N 1/ \ CIVIL ENGINEERING SERVICES DURING CONSTRUCTION OF IRVINE AVENUE AND UNIVERSITY DRIVE CLASS 1 BIKE TRAIL AND STREET IMPROVEMENT 1 CONTRACT NO. 2851 THIS AGREEMENT, entered into this day of ,1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and IWA Engineers, whose address is 17390 Brookhurst Street, Suite 100, Fountain Valley, California 92708 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CONSULTANT is a private consulting firm organized under the laws of the State of California to conduct the business of providing professional civil engineering and land surveying services to public and private entities. . C. CITY has awarded a contract to construct the Irvine Avenue and University Drive Class 1 Bike Trail and Street Improvements, Contract No. 2851. D. CONSULTANT has submitted a proposal dated February 2, 1996, offering to provide project cross sections, NPDES (SWPPP), quantity verification, and design clarification services during construction operations to be performed under Contract No. 2851. E. CITY desires to accept CONSULTANT's proposal dated February 2, 1996, to provide such construction support services. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on the date written above and shall terminate on December 30, 1996, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED By THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Proposal dated February 2, 1996, attached hereto and identified as Exhibit "A ". SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A" which is attached hereto • and incorporated herein by this reference. Billing shall be on a time and materials basis and shall not exceed $27,228.00 without further written authorization. In the event of unforeseen changes or required additions to the work which are not outlined in the agreement, the Public Works Director may authorize additional compensation up to 10% of original agreement amount. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS • CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANTS indemnification of CITY. CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies except workers' compensation and professional liability shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANTS services as described herein. • A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company authorized to do 2 business in the State of California with original endorsements and copies ofpolicies, if requested by CITY, of the following insurance: • 1. Worker's compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall provide that coverage shall not be canceled by either • party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement, except for workers' compensation and professional liability. The naming of an additional insured shall not affect any recovery to which such additional insured 3 4 would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION B. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, subiessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES • CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. 4 SECTION 11. $Q$Q� • CONSULTANT shall maintain complete and accurate records with respect to • costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: IWA Engineers 17390 Brookhurst Street, Suite 100 Fountain Valley, CA 92708 Attention: Marie Marston, P.E. (714) 968 -1221 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the • other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason othr than of CONSULTANT, CITY 5 1j ; APPROVED AS TO FORM: City Attorney CITY CLERK CITY OF NEWPORT BEACH, a municipal corporation BY: CITY MANAGER CONSULTANT BY: . IWA ENGINEERS 6 i agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. • SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and • agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney CITY CLERK CITY OF NEWPORT BEACH, a municipal corporation BY: CITY MANAGER CONSULTANT BY: . IWA ENGINEERS 6 i M49689266 • II/1 February 2, 1996 0 e4GINEERS IWA ENGINEERS 17390 BmoW'AJM Street, State 100 Fountoln VoW. Calitomlo 92708 (714) 968.1221 • FAX (714) 968 -9286 Mr. John Wolter City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92658 F- 98�ST7 P -014/021 FEB 05 '96 16:42 SUBJECT: Irvine Avenue Class I Bike Trail and Street Improvements Proposal for Construction Engineering Services Dear John: IWA Engineers is pleased to submit this proposal for Construction Engineering Services for the subject project. Having prepared the construction plans, special provisions, and cost estimates for the project, we feel confident in providing the highest level of quality service in an efficient and timely manner. IWA Engineers has worked diligently with the City of Newport Beach throughout the course of the project design process and is intimately familiar with the various . details necessary to ensure a quality project is constructed. The attached Scope of Services provides a breakdown of the tasks we will perform with respect to construction engineering services for the project. IWA Engineers will perform the work only at the specific request of the City. and will be available on an on -call basis throughout the duration of the construction schedule. We will remain available to the City after construction is complete for the preparation of as -built documentation. The attached Fee Estimate represents the maximum amount to be invoiced for the various tasks. IWA will not proceed with work beyond the fee total shown in the fee estimate without prior written authorization from the City. Work authorized by the City and performed by IWA which Is beyond the scope of services will be invoiced per the attached rate schedule. We look forward to continuing our efforts on this project to deliver a quality product for the City and the County of Orange. Please call if you have questions or require further information regarding this proposal. Sincerely, 4�v Jon Austin cc: Marie Marston . Doug Incledon Attachments £YH13rr 'IA11 9 ENGINEERS F- 988577 P- 015/e21 FEB 05 1% 16:43 Irvine Avenue Class I Bike Trail and Street Improvements Construction Engineering Services IWA Engineers SCOPE OF SERVICES Section A. GENERAL IWA Engineers shall provide construction engineering related services for the Irvine Avenue Class I Bike Trail and Street Improvements project. The subconsultants who were Involved in the preparation of the construction documents will also provide engineering services during the project construction. Katz, Okitsu & Associates (KOA) shall perform the traffic related engineering services. Schwab Engineering shall provide structural engineering support relating to the retaining wall construction Geotechnical engineering services will be provided under a separate contract and will be coordinated by the City. The duration of the construction engineering services will be for the life of the construction project which is anticipated to be 165 working days and as necessary after construction is complete for the preparation of as -built documentation. The scope of work for this effort is presented below. Section B. SCOPE OF WORK The scope shall include the following tasks required for the preparation of contract documents necessary for project construction and inspection. 1. NPDES / SWPPP 2. Detailed Cross Sections 3. Retaining Wall Structural Services The scope shall include the following range of services on an on -call basis. 4. Pre - construction Meetings 5. Progress Meetings, Office Administration, and Coordination 6. Shop Drawing Review 7. Field Engineering Services 8. Change Orders 9. Requested Design Changes 10. As•built Plan Preparation 11. Final inspection • • LJ 1714%89286 ENGIFEERS F- 9EV577 P- 016/021 FEB 05 '% 16:43 A brief description of the services proposed under each task listed above Is as follows: 1. NPD _S/ SW_PPP Includes the preparation of the Storm Water Pollution Prevention Plan as applicable to the bike trail and street Improvements project. We will provide engineering services for the completion of the construction SWPPP as outlined in the Orange County Storm Water Program. 2. Detailed Cress Sections consists of preparing and delivering to the City detailed cross sections for Irvine Avenue, University Drive, and the Class 1 Bike Trail. These cross sections include offsets and elevations of each grade break in the respective section. This task includes providing calculations of the earthwork cut, fill, and cumulative volumes at each cross section. The City requested that these documents be prepared for use as a tool for the contractor and inspector to measure actual construction quantities. Nine detailed cross section sheets are required. 3. Retaining WAI.I_Structural Services Due to the complexity of the retaining wall design for this project, additional effort is necessary for design, preparation of specifications, and construction monitoring with regard to the retaining wall • construction. This task also includes the field engineering services relative to the retaining wall. 4. Pr�nstEuctign Neatinal will consist of the Project Manager or Project Engineer attending the pre - construction meeting and the pre - grading meeting as described in Section 1.16 of the Special Provisions. 6. Progress Mggtings.Office Administration. and Coordination As the City requests during the course of project construction, we will provide consultation and advice. We will coordinate with the City, Contractor, and our subconsultants to resolve issues and respond to telephone and meeting related inquiries. As necessary, IWA will prepare written clarification in response to Contractor's inquiries (Requests for Information, RFis). Separate from field meetings, we anticipate two meetings will be held at the City to discuss progress, RFIs, and other construction related issues. 6. Shoo DraWna Review As submitted by the Contractor and received by the City, we will check the detailed construction and shop drawings for conformity with the intent of the design plans and specifications. IWA will keep one copy for our files and return the remaining copies to the City's inspector with any comments noted thereon In accordance with the time frames stated in the Project Specifications. IWA will keep a log of all shop drawings which will show the date received, date returned, and status of each shop drawing submittal. • 7. Field Enaingerina Service% will consist of field meetings on an as needed basis as requested by the City. At these meetings we will assist in the interpretation of the plans and specifications. Meeting frequency can not be predicted, however, we have estimated six visits by IWA Engineers and three visits by Schwab Engineering. IWA 17149689286 • ENGINEERS F- 988'517 P-01?/021 FEB 05 '% 16:44 has included attendance at these meetings by either the Project Manager or the • Project Engineer. 8. Change Orders We will at all times endeavor to minimize the number and dollar amount of change orders. At the request of the City, we will review change order requests, consider potential delays to the schedule if the change order is implemented, prepare and incorporate revisions for change orders, analyze the merit of the requests, analyze the amount of the request, make recommendations to the City, and assist the City in estimating costs and negotiating with the Contractor. 9. Reque.gtpd_ 12esign Changes We will review design changes as they occur and work closely with the City to facilitate timely responses when changes arise. Sketches (by hand or in AutoCAD) may be prepared in conjunction as necessary to enhance clarification of redesigns. This work will occur only at the City's request. 10. As -hulk Plan Prpnaration Following the construction, we will receive the Contractor's daily kept red - pencil "as- built" plans from the City as specified in Section 1.20 of the Special Provisions. We will revise the electronic AutoCAD drawing files to show all the field changes to produce a final "as- built" set of vellum and electronic plan drawings. IWA will not be responsible for revising the original signed vellum plans. Additionally, we will provide the City with the complete electronic drawing • files on floppy disks. 11. Einal Inspection Following the City Inspector's recommendation for final Inspection. we will accompany the City during a final field visit. During this field visit, a 'punch list ", usually generated by the City, will be the basis for the Contractor's final work before final payments are released. We will backcheck our logs of outstanding problem areas to verify the work is complete. Section C. PERSONNEL To the extent possible, IWA shall continue to use those key personnel who were assigned to the preparation of the construction documents, as follows: IWA Engineers: Marie Marston Jon Austin Richard Burns Katz, Okitsu & Associates: Doug Yea Schwab Engineers: John Whisenand • 11 w L J 17149669286 & ENGINEERS F -98 577 P- 018./021 FEB 05 '96 16:44 Section D. RESPONSE TIME IWA shalt execute all services required under this scope of services In a prompt and timely manner and shall return telephone calls within four hours by the Project Manager or the Project Engineer. Section E. FEE ESTIMATE The estimated cost of services shall be as follows: NPDES / SWPPP Detailed Cross Sections Retaining Wall Structural Services Pre - construction Meetings Progress Meetings and Coordination Shop Drawing Review Field Engineering Services Change Orders Redesign As -built Plan Preparation Final inspection Schwab Engineering Kau, Okitsu & Associates Mileage Electrostatic Plotting Subtotal $7,175 3,570 1,930 300 1,620 1,620 2,220 1,910 1,910 2,220 824,785 $1,320 825 Subtotal 82,145 Subtotal TOTAL NOT TO EXCEED $ 48 250 $298 $27,228 0 r� u r� U 1714 9689286 w ENGINEERS IWA ENGINEERS MANHOUR ESTIMATE F -91T -577 P- 020/021 FEB 85 '96 16:45 Clien Ch of N ft port Beach Proj: Irvine Ave. Bike Trail Construction Engineering S_ ervices I_1 1. NPDES / SWPPP Specaticatlons SWPPP Reduced Plans Strom Water Monitoring Program SWPPP Document SWPPP Exhibits - 2. Detailed Cross Sections Irvine Avenue University Drive Bike Trail 3. Retaining Wag Structural Services 4. Pre-Construction Meetings 5. Progress Meetings and Coord. 6. Shop Drawing Review 7. Field Engineering Services I 8. Change Orders 9. Requested Design Changes 10. As -built Plans Preparation 11. Final Inspection n Project No. 252 -010 Date 02/02/96 24 $2,620 8 $680 193 $14,475 84 84 $5.460 Totals kip i, 3.0 3.0 $225 4.0 4.0 $260 30.0 4.0 34.0 $2,610 2.0 38.0 40.0 $3,060 8.0 8.0 16.0 $1,120 2.0 8.0 10.0 $670 2.0 8.0 10.0 $670 2.032.0 34.0 $2,230 2.0 8.0 8.0 8.0 26.0 $1,930 4.0 4.0 $300 4.0 16.0 20.0 $1,620 4.0 16.0 20.0 $1,620 4.0 24.0 28.0 $2,220 2.0 14.010.0 26.0 $1,910 2.0 14.010.0 26.0 $1,910 2.0 8.0 22.0 32.0 $2,020 2.0 4.0 6.0 $510 17149689286 . IWA ENGINEERS W T -577 P- 021/021 FEB 05 '% St:- IWA ENGINEERS OTHER DIRECT COSTS Client City of NwNpW Beach Project No. 252 Project Irvine Ave. like Trail Construction Engineering Services Date 02/02/913 REPRODUCTION & DEUVERY Unit I N um Unit Cost Total Preliminary Plan Submittals Dwgs x 6 SF /dwg x 0 sets Sf.Ft. $0.10 Intermediate Plan Subm ttal Dwgs x SF /dwg x 0 sets Sf.Ft. $0.10 F-ranl Plan Submittals 30 Dwgs x 6 SF /dwg x 0 set Originals Sf.Ft. $4.00 Special Provisions Draft - 0 Copies x 0 pages page $0.10 Final - 0 Copies x 0 pages page $0.10 Plots BondlVellum each 50 $5.00 $250 Color each $35.00 Deliveries Local $20.00 Los Angeles Region each $40.00 Total RAVEL & TRANSPORTATION Unit Num Unit Cost Total Air Travel Round Trips - trip Car Rental Trips x days" day Personal Car 18 Trips x 10 miles/trip miles 160 $0.30 348 axULlmo Trips - trip Per Diem/Subsistence/Lodging Trips x days/trip days Total $48 SUBCONTRACTS Unit Num Unit Cost Total Schwab Engineering (Structural) $1,200 Katz, Okitzu & Associates $750 Total $1 0 6 Construction Geotechnical Observation and Testing Services for Irvine Avenue and University Drive Bike Trail and Street Improvements Project THIS AGREEMENT, entered into this// day of a4TJ --' .1 996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") NINYO & MOORE GEOTECHNIAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, whose address is 9272 Jeronimo Road, Suite 123A, Irvine, CA 92718 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. Plans and specifications for the Irvine Avenue and University Drive Bike Trail and Street Improvements (hereinafter referred to as "PROJECT ") have been completed under the terms of a Consultant Agreement with IWA Engineers. C. CONSULTANT performed geotechnial design engineering for this PROJECT under contract with IWA Engineers. D. CITY has awarded a construction contract to Clayton Engineering Inc. to construct the improvements. E. Geotechnical observations, design modifications, and testing services are now required in order to complete construction of PROJECT. F. CONSULTANT has submitted a proposal (No. P- 09822) dated January 10, 1996, including a scope of services schedule and anticipated fee amount, to provide observation, design modifications, and testing services required during construction. 10, 1996. G. CITY desires to accept CONSULTANT's Proposal dated January NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: • i SECTION 1. TERM The term of this Agreement shall commence on January 8, 1996, and shall terminate on September 20, 1996, unless terminated earlier as set forth herein. CONSULTANT shall complete all services and work as outlined herein and more fully described in the Proposal dated January 10, 1996, and Addendum to Proposal dated February 7, 1996, attached hereto and identified as Exhibit "A" and Exhibit "B ". CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, and Exhibit "B ", Addendum to Proposal which are attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $29,761.00. CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees and the COUNTY OF ORANGE, their Board of Supervisors, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent K 0 i performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY and COUNTY OF ORANGE, CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY and COUNTY OF ORANGE, their elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company certified to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. 3 Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. L•��tJ �3 : %Z�L� iP7 � [ � CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY and ORANGE COUNTY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT, ORANGE COUNTY or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY or ORANGE COUNTY by virtue of the payment of any loss under such insurance. CITY, its City Council, boards and commissions, officers, and employees and COUNTY OF ORANGE, their Board of Supervisors, officers and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without 4 0 0 said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be 5 0 0 maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3326 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Ninyo & Moore 9272 Jeronimo Road, Suite 123A Irvine, CA 92718 Attention: Jalal Vakili (714) 472 -5444 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If 6 a • this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: (Z 04"� City Attorney CITY OF NEWPORT BEACH, a municipal corporation CONSULTANT JALAL VARILI, PRINCIPAL ENGINEER BY: NINYO & MOORE GEOTECHNICAL AND — ENVIRONMENTAL SCIENCES CONSULTANTS ATTEST: �UB:I,�.c� � °l • 7�1G1:1iG�_u.�n CITY CLERK 8 aoR -: 01/10/96 09:99 127140 5445 NINYO & YOORE 0 0 002 /� ^�:�aJ� E�l�F2'�!r!.i•: -� .�`�� f _ - J 1 a i�j .i l � : ��: �) -- — 1- �?=:a� �.�3t� REVISED PROPOSAL FOR GEOTECHNICAL OBSERVATION AND TESTING SERVICES IRVINE AVENUE AND UNIVERSITY DRIVE BIKE TRAIL AND STREET IMPROVEMENTS NEWPORT BEACH, CALIFORNIA PREPARED FOR: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 PREPARED BY: Ninyo 8e Moore Geotechnical and Environmental Sciences Consultants 9272 Jeronimo Road, Suite WA Irvine, California 92718 November 28, 1995 Revised January 10, 1996 Proposal No. P -09822 "'A" 10225 Sarnes Canyon Joao • Suite A-1 17 • San Diego. California 92:21 . Phone 1519) 457 -04.00 • Fax f6191558-1236 01/10/96 09:59 07140 $445 NINYO & MOORE • Q003 �1 i'i 7 y�:',5.1 November 28, 1995 (Revised January 10, 1996) Proposal No. P -09822 Mr. Fong Tse City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Subject: Revised Proposal For Geotechnical Observation and Testing Services Irvine Avenue and University Drive Bike Trail and Street Improvements Newport Beach, California Dear Mr. Tse: In accordance with your request, Ninyo & Moore is pleased to submit this revised proposal to provide geotechnical observation and testing services for the subject project. Upon review of our proposal, we trust you will find Ninyo & Moore to be highly qualified to perform the scope of services presented herein. We assure you that our services will be performed in a quality manner, and within the proposed time and budget. As your geotechnicai engineering consultant, we will be committed to providing you with comprehensive services in an efficient manner. We appreciate the opportunity to submit this proposal, and look forward to working with you on the Irvine Avenue and University Drive Bike Trail and Street Improvements project If you have any questions regarding this submittal, or if we might provide you with additional information, please contact me. Respectfully submitted, NINYO & MOORE Jalal Vakili, Ph.D., Principal Engineer MAS/CAP/JV /av Distribution: (2) Addressee 10225 Barnes Canyon Reap • Suire A i 1 Z • San Diego. California 92121 • PhOM 16191 4570400 . Fax 1619) 558.1236 01/10/96 09:40 07140 5445 NINYO & MOORE i Q004 Irvine Avenue and University Drive Bike Trail and Street Improvements TABLE OF CONTENTS January 10, 1996 Proposal No. P -09822 Page PROJECT UNDERSTANDING ........... ............................... 1 SCOPE OF SERVICES .................. ............................... 2 FEEESTIMATE ..............:....... ............................... 3 PROPOSED PROJECT PERSONNEL ....... ............................... 3 QUALIFICATIONS ................... ............................... 4 ADDITIONAL PERTINENT INFORMATION .... . ............. . ........... 5 Attachments Table 1- Breakdown of Estimated Fee Schedule of Fees Appendices Appendix A - Resumes of Key Personnel Appendix B - Representative Project Experience Appendix C - Insurance Coverage Appendix D -- Minority Business Enterprise (MBE) Certifications 01/10/96 09:40 0714 • 5445 NINYO & MOORE • Irvine Avenue and University Drive January 10, 1996 Bike Trail and Street Improvements Proposal No. P -09822 PROJECT UNDERSTANDING In response to your request, we are pleased to submit this proposal to provide geotechnical consulting and material testing services for the proposed Irvine Avenue and University Drive Bike Trail and. Street Improvements project located in Newport Beach, California. The purpose of our services will be to provide geotechnical observation and material testing during the earthwork and construction phases of the project. We have ' prepared this proposal based on the information contained in the Special Provisions, project plans, and our review of the preliminary geotechnical evaluation performed for the bike trail by Ninyo & Moore. Based on our review of the Special Provisions and the project plans, we understand that the proposed bike trail alignment is located adjacent to the southeasterly side of Irvine Avenue, between Irvine Avenue and Upper Newport Bay. The alignment extends from roughly 100 feet northeast of Santiago Drive along the southeasterly side of Irvine Avenue to just south of University Drive. At this point, the bike trail bends toward the southeast and parallels University Drive to where it connects with an existing bike trail adjacent to Upper Newport Bay. The total length of the proposed bike trail alignment is approximately 6,700 feet. As depicted on the project plans, grading will generally consist of cuts and fills on the order of 15 feet or less. An existing flood control channel crosses the alignment and discharges into Upper Newport. Bay at a point approximately 1250 feet northeast of the southern limits of the alignment. At this point along the alignment a reinforced concrete pipe (RCP) that underlies Irvine Avenue flows into an unlined flood control channel. Where the bike trail crosses the Orange County Flood Control Channel, a retaining wall is proposed to accommodate the overlying bike trail. Our understanding is that the retaining wall will be founded on cast -in- drilled -hole (CIDH) piles, and will be approximately 10 -feet high and 84 -feet long. Based on our review of the project plans, the geotechnical consultant should observe the retaining wall CIDH pile excavations and tie rod installation during construction. Q003 01/10/90 09:41 $714 0 5445 5I \70 & MOORE • Irvine Avenue and University Drive Bike Trail and Street Improvements January 10, 1996 Proposal No, P -09822 Street and drainage improvements associated with the bike trail project will reportedly include widening sections of Irvine Avenue and University Drive, construction of sidewalks, curbs and gutters, and the installation and extension of several storm drains and surface drains. Based on our review of the construction schedule provided by the contractor (Clayton Engineering), we have assumed that the earthwork observation and materials testing associated with the project will have an approximate duration of nine weeks (360 hours) of field technician time. The above assumed project duration includes full-time observation and testing during the earthwork and material testing phases of the project. SCOPE OF SERVICES We understand that the requested services will include observation and testing of soils and material testing of concrete and asphalt concrete. Based on our understanding of the project, we propose the following scope of services: • Attendance at preconstruction and field meetings, as requested by the City of Newport Beach. • Field observation, documentation, and testing of embankment fill, retaining wall and storm drain backfill, subgrade materials, aggregate base, concrete and asphalt. • Laboratory testing, including tests to evaluate maximum dry density/optimum moisture content, sand equivalent, R- value, and other laboratory tests, as requested. • Material testing to evaluate concrete compressive strength, asphalt concrete extraction, and other field and'Iaboratory tests, as requested. • Geotechnical field assistance in evaluation of the suitability of roadway materials, overexcavation recommendations, and removal of unsuitable materials. • Geotechnical field assistance, as requested, during the construction of the proposed retaining wall to observe and document CIDH pile excavations and tie rod installation procedures. • Preparation of daily field reports and other memoranda to summarize the field operations and test results. W006 2 �a� 01/10/96 09:42 0714 0 $445 NINYO & NOORE • Irvine Avenue and University Drive January 10, 1996 Bike Trail and Street Improvements Proposal No. P -09822 • Project coordination and management, and technical field assistance services during field operations associated with the subject projects. • Preparation of a written report summarizing the results of our field and laboratory testing. FEE ESTIMATE Our services will be provided on a time- and - materials basis in accordance with the attached Schedule of Fees. Based on the scope of geotechnical services and assumed construction duration described herein, we estimate that our fee will be approximately $29,800 (Twenty (� Eight 'Thousand Eight Hundred Dollars). A detailed breakdown of our estimated fee is presented in Table 1. It should be noted that this estimated fee is based on an assumed project duration of approximately nine weeks. As mentioned above, our services will be S? provided on a time- and - materials basis, and will be invoiced based on the actual amount of time spent on the project. All field time will be supported by a daily report of field observations and/or field memorandum. PROPOSED PROJECT PERSONNEL The proposed project personnel are highly qualified and experienced in their specific disciplines, and possess working knowledge of the required documents and standards. Resumes of the proposed project personnel are included as Appendix A. Our proposed project team is as follows: Project Team Member Registrations Project Role Jalal Vakili, Ph.D. RCE Principal Engineer Carol Price RG, CEG Project Geologist Mark A. Stier RCE Project Manager Amhet Kaya Senior Field Technician John Krobetzky Senior Field Technician 3 p4 Q 007 of /io/as- 09:42 12714 0 5435 XV%rTO & MOORE 0 Irvine Avenue and University Drive January 10, 1996 Bike Trail and Street Improvements Proposal No. P- 09822 Dr. Jalal Vakili will be the Principal Engineer. Dr. Vakili is a Registered Engineer in the State of California with over 25 years of geotechnical engineering experience. He has been involved in projects encompassing most aspects of geotechnical engineering, including projects such as roadways, bridges, pipelines, and other major structures. Dr. Vakili was the Principal -in- Charge of the Santa Clara River Bike Trail project. Ms. Carol Price, Chief Engineering Geologist, will -be responsible for the geologic aspects of the project, including evaluation of regional faulting and seismicity. Ms. Price is both a California Registered Geologist and a Certified Engineering Geologist with over 10 years of experience in geology. Mr. Mark Stier, as Project Manager, will be responsible for the geotechnical engineering of the project. His specific project experience includes project management of the Irvine Avenue, University Drive and Santa Clara River bike trail projects. Mr. Stier has over 8 years of geotechnical experience and is registered by the State of California as a Civil Engineer. QUALIFICATIONS Ninyo & Moore was established in 1986 to provide high - quality consulting services. in geotechnical engineering, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. We are committed to being responsive, thorough, technically sound, and active in the business community. Ninyo & Moore serves its clients through offices in Los Angeles, Irvine, San Diego, and San Bernardino, California. The quality of Ninyo & Moore's personnel base is widely recognized. Our staff of experienced and registered professionals includes geotechnical engineers, civil engineers, environmental engineers, engineering geologists, hydrogeologists, environmental scientists, certified technicians and field inspectors, and hazardous waste and regulatory compliance specialists. The experience of Ninyo & Moore's geotechnical staff encompasses projects throughout the southwestern United States, including evaluations for recreational facilities, medical facilities,lrigh -rise structures, municipal and commercial structures, treatment plants, Zoos 4 d► @'� 01/10 %90 09:48 102714 5445 NINYO & MOORE Irvine Avenue and University Drive Bike Trail and Street improvements January 10, 1996 Proposal No. P -09822 waste- to-energy facilities, power plants, pipelines, tunnels, reservoirs, educational facilities, tanks, dams, railroads, bridges, highways, airports, landfills, harbors and offshore structures, and other public and private works. Our environmental staff has diverse experience in environmental assessments, water quality evaluations, environmental audits,, regulatory compliance studies, water resources development, soil and groundwater contamination studies, and site remediation, In addition, Ninyo & Moore has fully equipped and certified geotechnical laboratory facilities supervised by a registered civil engineer. Ninyo & Moore's relevant project experience is included as Appendix B. ADDITIONAL PERTINENT INFORMATION The following additional pertinent data is provided for your review and information. Insurance Coveraee To provide safeguards and to meet the requirements of our clients, we carry the following types of insurance (our insurance certificate is provided herein as Appendix C): Insurance Type Amount Carrier Professional Liability $ 1 Million/claim S 1 Million aggregate Zurich Re (IM General Liability $ 1 Million/claim S 5 Million aggregate National Surety Corporation Worker's Compensation $1 Million American Automobile Co. Automobile $1 Million National Surety Corporation Quality Assurance/Qualify Control Programs Ninyo & Moore has both geotechnical and environmental quality assurance/quality control programs which facilitate compliance with project performance standards, . schedules and budgets. These comprehensive quality assurance plans utilize 5 ge [a 009 01/10/96 09:44 1271 2 5445 NIN O & MOORE • Irvine Avenue and University Drive Bike Trail and Street Improvements January 10, 1996 Proposal No. P -09822 management approach procedural manuals that delineate the interrelationship between management and design team components and describe specific quality control procedures to be used. The programs address data generation, management, and quality assessment guidelines for samplingand analysis procedures, as well as methods of corrective action. The quality assurance program manuals are available for review upon request. Minority -Owned Business Enterprise Certifications Ninyo & Moore is a Minority-Owned Business Enterprise (MBE). A list of the agencies with which Ninyo & Moore is certified as an MBE is presented below (copies of these certifications are presented as Appendix D): Agency Certification No. Expiration Date Caltrans CT- 006070 May 1, 1996 County of San Diego N/A May 1, 1996 LAMTA N/A April 21, 1997 City of Los Angeles CCA 964 September 11, 1996 County of Los Angeles A063- 000915 October 19, 1996 Los Angeles Dept. of Airports N/A March, 1996 County of San Bernaxdino 950100005 May 1, 1996 University of California 92-00791 -12-C February 17, 1996 WMBE Clearinghouse 90CSO160 N/A Resolution Trust Corporation N/A December 31, 1995 EEgual Employment OpRortunity Policy Ninyo & Moore is committed to a policy of equal opportunity for applicants and employees in all areas of the employer- applicant and employer - employee relationship. This policy includes affirmative recruiting as well as hiring, promotion, transfer, discipline, layoff, recall, and termination of all persons on the basis of qualifications, 6 4AA 0 010 __01/10/96 09:44 $7142 5445 NINYO & MOORE Irvine Avenue and University Drive January 10, 1996 Bike Trail and Street Improvements Proposal No. P -09822 competence, and merit without regard to any individuars sex, race, color, religion, national origin, ancestry, pregnancy, age, marital status, medical condition, veteran status, sexual orientation, or mental or physical disability, including AIDS or HIV- positive status. Financial Stability Ninyo & Moore has the financial resources and organizational capabilities to conduct and complete the proposed work within the time allowed. Ninyo & Moore is financially strong and has been rated as such by Dun and Bradstreet Confli t of Interest itatement Ninyo & Moore does not have any conflicts of interest to preclude the firm from providing consulting services for the subject project. Q011 7a��Ot�ffi 01/10/96 09:45 112714 &.5445 NINYO & MOORE Irvine Avenue and University Drive January 10, 1996 Bike Trail and Street Improvements Proposal No, P -09822 TABLE 1 — BREAKDOWN OF ESTIMATED FEE err Staff Engineer/Geologist Soil and Concrete Technician Welding and Post - Tensioning Inspector Vehicle Usage (Includes Field Testing Equipment) 40 hours @ $ 86 /hour $ 3,440 360 hours @ $ 49. /hour $ 17,640 8 hours @ $ 55 /hour $ 440 15 /per $ 300 Staff Engineer/Geologist Soil and Concrete Technician Welding and Post - Tensioning Inspector Vehicle Usage (Includes Field Testing Equipment) 40 hours @ $ 86 /hour $ 3,440 360 hours @ $ 49. /hour $ 17,640 8 hours @ $ 55 /hour $ 440 408 hours @ $ 6 /hour $ 2,448 $ 23,968 Maximum Density/Optimum Moisture 2 tests @ $ 210 /per $ 420 Sand Equivalent 2 tests @ $ 100 /per $ , 200 R -Value 1 test @ $ 185 /per $ 185 Concrete Cylinders 20 tests @ $ 15 /per $ 300 Asphalt Concrete, Extraction (% Asphalt) 2 tests @ $ 130 /per $ 260 1,368 t Q012 01/10/98 09:48 12714.2 5445 XI \TO & MOORE • ® 015 Irvine Avenue and University Drive Bike Trail and Street Improvements January 10, 1996 Proposal No. P -09822 Principal Engineer/Geologist 2 hours @ $ 135 /hour $ 270 Project Engineer/Geologist 12 hours @ S 109 /hour 1,308 Staff Engineer /Geologist 4 hours @ S 86 /hour 344 Technical Illustrator 4 hours @ $ 57 /hour 228 Word Processing/Reproduction 4 hours @ $ 36 /hour 144 $ 2,294 ii 01/10/96 09:46 1271 02 5445 NIN O & MOORE • SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL ® 014 • t� ,Principal Engineer/ Geologist /Environmental Scientist or Manager of Engineering ... S135 Senior Engineer /Geologist/Environmental Scientist ........................... $122 Senior Project Engineer /Geologist/Environmental Scientist . . ................... $116 Project Engineer /Geologist/Environmental Scientist ....... I .................... $109 Senior Staff Engineer /Geologist/Emironmental Scientist ........................ $98 Staff Engineer/Geologist/Environmental Scientist ............................. $86 Field Operations Manager ..... .......... . ...................... ....... $78 Supervisory Technician ..................... ..................... ........$68 Field/Laboratory Technician .............................. ....... .. $49 Welding and Post - Tensioning inspector ... ............................... I .. $55 Technical Illustrator ........................ I .......................... S57 Geotechnieal /EnvironmentaVL2boratory Assistant .... . ........................ $49 Information Specialist ................... ............................... S42 Word Prooessing, Technical Editing or Reproduction .......................... S36 OTHER CHARGES There will be a minim mt charge of two hours for field observation or testing. Expert witness testimony will be charged at $175 per hour, with a minirtium charge of four hours. Direct project expenses (such as field equipment rental, consultants, permits, insurance, travel and subsistence) will be charged at cost plus 15 percent. Field vehicle usage will be charged at $6 per hour. Nuclear density gauge usage will be charged at $9 per hour. Seismograph usage will be charged at $12 per hour. Inclinometer usage will be charged at $20 per hour. Rates for laboratory testing and use of other special equipment will be determined for each project, and will be provided upon request. 1NVOICES/PREPAYMENTS Invoices will be rendered monthly unless otherwise arranged, and are payable upon receipt. A service charge of 13 percent per month will be charged on accounts not paid within 30 days. Any attorney fees or other costs incurred in collecting delinquent accounts will be paid by the client. For all studies which include field work, 30 percent of the authorized fee will be invoiced immediately upon authorization to cover equipment and mobilization costs. REV. 05 10225 Barnes Carryon Road sale x 112 • San D&90. Ca-10,1-fa 92) 21 ,phWe.1619; 457 -0400 . Fax (6 t 9i SS& 1236 01/10/96 09:47 127149 5445 NINYO & MOORE • EDUCATION Ph.D., Geotechnical Engineering, 1969 University of Paris, France Master of Science, Applied Mechanics, 1967 University of Paris, France Bachelor of Science, Civil Engineering, 1965 University of Tabriz, Iran . REG15TRATIONS Registered Civil Engineer, California, RCE 45350 Professional Engineer, Alaska, PE 6822. Professional Engineer, Idaho, PE 4470 Q013 RESUME OF JALAL VAKMI Principal Engineer PROFESSIONAL RESPONSMILITMS As Principal Engineer for Ninyo & Moore's Orange County office, Dr. Vakili: • Oversees the technical and business development operations of the geotechnical division of the Orange County office. • Directs and supervises investigations and analyses for geoteciurical projects. • Prepares and reviews soil and foundation reports and specifications. • Provides technical guidance and support to the engineering staff. PROTECT EXPERIENCE Dr. Vakill has extensive experience with transportation and other type projects. project experience includes: • . Santa Clara River Bike Trail, Santa Clarita, California. • Interstate 5 HOV Lanes, Orange County, California. • " State Route 91 Private Toll Lanes, Orange County, California. • Foothill Transportation Corridor, Orange County, California. • San Joaquin Hills Transportation Corridor, Orange County, California. • Eastern Transportation Corridor, Orange County, California. • Pacific Coast Hi way Tunnel, Orange County, California. • State Route 39 (Beach Boulevard), Orange County, California. • Trabuco Canyon Bridge, Orange County, California. • Aliso Creek Bridge, Orange County, California. • Oso Bridge, Mission Viejo, California. • Interstate 405 HOV Lanes, Los Angeles County, California. • Metrolink Realignment from Santa Clahta. to Palmdale, California." ASSOCIATIONS American Society of Civil Engineers International Society of Soil Mechanics and Foundation Engineering Society of American Military Engineers Dr. Vakili's related 1 71 \: \` 01/10/96 09:47 127140 5445 NINYO & MOORE • EDUCATION Master of Science, Geology, 1986 San Diego State University, San Diego, California Bachelor of Arts, Geology, 1980 University of California, Berkeley, California REGISTRATION$ 'Registered Geologist, California, RG 5045 Certified Engineering Geologist, California, CEG 1774 Q016 RESUME OF CAROL A. PRICE Chief.Engineering Geologist PROFESSIONAL RESPONSIBILTIIES As Chief Engineering Geologist for Nmyo & Moore's Orange County office, Ms. Price: • Supervises the geologic staff. • Provides technical guidance to the staff and directs geotechnicai operations. • Authors and reviews geotechnical reports. • Performs geologic mapping and aerial photograph review for preliminary, in- grading, and forensic evaluations. • Coordinates and supervises geotechnical field investigations and research projects. . • Conducts fault studies and assesses geologic hazards. • Performs detailed logging of large- and small - diameter borings, rock core and trenches. • Conducts and interprets seismic refraction surveys. TRANSPORTATION PROTECT QXEIMM Ms. Price has worked on a variety of transportation projects. Ms. Price's specific transportation project experience includes: • Santa Clara River Bike Trail, Santa Clarita, California. • Eastern Transportation Corridor, Orange County, California. • San Joaquin Hills Transportation Corridor, Orange County, California. • SR-55 and SR-22 Interchange, Orange County, California. OCTA Commuter Rail, San Clemente to Fontana, California. • State Route 91 HOV Lanes, Riverside Coun California. • Metrolink Line Realignment Santa Clarita, California. a • Interstate 10, West Covina, California. • Jackson Drive, San Diego, California. • Jackson Drive Pedestrian Bridge, San Diego, California. • . I -15 and Stones rest Interchange, San Diego, California. • I -5 and Genesee Avenue, San Diego, California. • State Routes 54 and 94, San Diego County, California. • State Route 76, Oceanside, California. ASSOCIATIONS American Society of Civil Engineers, Geotechnical Division San Diego Association of Geologists South Coast Geological Society NONIO& AI Gars 01/10 /98 09:48 RP7102 8445 NINYO & 100RE • 017 RESUME OF MARK STTER Senior Project Engineer EDUCATION Bachelor of Science, Civil Engineering, 1987 Clarkson University, Potsdam, New York Bachelor of Arts, Geology, 1987 Plattsburgh State University, Plattsburgh; New York REGIS'T'RATIONS Registered Civil Engineer, California, RCE 5446 PROFESSIONAL RESPONSIBILITIES As a Project Engineer for Ninyo cis Moore, Mr. Stier. • Coordinates and performs geotechnical field evaluations and laboratory data analyses, • Prepares and reviews geotechnical reports. • Reviews project plans and specifications. • Provides supervision and technical support for staff level engineers/geologists. Provides project administration and management. PROJECT EXPERIENCE Mr. Stier's project experience includes: • Irvine Avenue Bike Trail, Newport Beach, California. • University Drive Bike Trail, Irvine, California. • Santa Clara River Bike Trail, Santa Clarita, California. • San Joaquin Hills Transportation Corridor, Orange County, California. • Eastern Transportation Corridor, Orange County, California. • State Route 91 Toll Road, Orange County, California. Foothill Transportation Corridor, Orange County, California. • Interstate 5 HOV Lanes, Orange County, California. • Jeffrey RoadAnterstate 5 Park and Ride, Irvine, California • Interstate 5 at Alton Parkway, El Toro, California • SR -55 and SR -22 Interchange, Orange County, California • ' B Street Alignment, Los Angeles, California • State Route 71, San Bernardino, California. • Wilson Avenue Park and Ride, Glendale, California • Jackson Drive in San Diego, California. ASSOCIATIONS American Society of Civil Engineers, Geotechnical Division South Coast Geologic Society 01/10/98 09:49 0714* 5445 NINYO & MOORE , Q018 RESUME OF JOHN KROBETZKY Senior Field Technician E1-UCATION Prestressed Concrete Inspection, ICBO,1995 Asphalt Institute Seminar, Principals of Construction Quality of Hot Mix Asphalt Pavements, 1992 Public Works Inspection I and 11, 1989 Saddleback College, Mission Viejo, California Bachelor of Science, Biology, 1977 Fairieigh Dickinson University, Teaneck, New Jersey CERTR•TCATIONS ICBO Reinforced Concrete Inspector Certification ACI Concrete Field Technician Certification Cam bell Pacific Nuclear Gauge Oerator Certifications, 1979 T er Electronics Nuclear Gauge ertification, No, 13242,1986 NICEI' Engineering Technician Certification, No. 060099, 1986 OSHA 40 -Hour Hazardous Waste Operations and Emergency Response Certification, 1994 Red -Cross Adult CPR, 1994 PROFESSIONAL RTSPONSIBILIT16S As a Senior Field Technician for Ninyo & Moore, Mr. Krobetzky: • Provides geotechnical observation and testing services for multimillion -yard earthwork projects. • Performs construction observation of slope stability fills and landslide buttresses. • Performs quality control for underground utility and foundation construction. • Performs field testing of concrete and asphaltic concrete. • Provides inspection of asphalt and concrete batch plants. • Performs geotecludcal laboratory testing. PROTECT EXPERIENCE Mr Krobetzky's project experience includes: • Geotechntcal representative for the LAC+USC Medical Center Earthquake Recovery Project • Geotechnical representative for the Metrolink Santa Clarita Realignment, • Batch plant quality control testing and inspection of asphalt and concrete for State Route 91. • Performance of tests, including California test methods 201, 202, 216, 217, 226, 227 and 331, in conjunction with earthwork operations. Quality control for hillside grading for projects. • Inspection of caissons for a natural gas processing plant • Supervision of rock fill operations for the Exxon colony oil shale project • Quality assurance observation of soil, asphalt and concrete testing for the SAFCO housing project and the Petromin/Dutch Shell Oil Refinery, Saudi Arabia. • Laboratory and field testing of asphalt, concrete and soil for Walker Field and Lamar Municipal Airports in Colorado. • Quality control supervision of asphalt, concrete, soil and weld and bolt testing for the Rawhide Energy project in Colorado. Nr0 uti &Matkr! 01i10i98 09:49 V714* 5445 NINYO & 1o0RE ®019 RESUME OF B.G. KAYA Senior Field Technician EDUCATION Soils Technician Level I and 11 San Diego Community College, San Diego, California CERTMCATTONS ACI Concrete Field Technician Certification Troxler Nudear Gauge Operator Certification NICET Construction, Level 11 Certification Caltrans HC -1, Various Field and Laboratory Certifications PROFESSIONAL RESPON ILiTIES As a Senior Field Technician for Ninyo & Moore, Mr. Kaya: • Performs geotechnical observation, documentation and testing services for small to large earthwork projects, preliminary investigations, forensic studies related to distressed structure investigation, and railway, freeway and pipeline construction • Conducts field testing of concrete, soil cement mixtures, and asphaltic concrete. • Performs administrative responsibilities as Radiation Safety Officer. • Performs asphalt and concrete batch plant inspection • Provides training assistance for other technicians. PROTECT EXPERIENCE Mr. Kaya's project experience includes: • San Diego County Water Authority, Pipeline 4B, Phase L Geotechnical observation and testing services were provided during construction of this amile long. 96 -inch diameter, steel water aqueduct In addition to soil testing, compressive strength testing o£ concrete, cell ular concrete, ' a sphalt, and slurry admixtures was also performed. • Sweetwater Authority, National City 12 Inch ACP Water Main, National City, California: This project included trench barlcfill co mpaction testing services during construction of d 12 lurch ACP water main at s tes located on Cleveland Avenue between 18th and 22nd Streets, and on 19th Street between Cleveland and Tidelands Avenues to the Navy Pier 12 property to National City. Field density tests were performed in the subgrade materials and in the aggregate base, and laboratory tests were performed to evaluate the maximum dry density and optimum moisture content of the materials used for fill and base. • Foothill Transportation Corridor, El Toro, California: This project included in- grading observation and documentation of remediation of existing landslides impacting the El Toro Ridge section of the Foothill Freeway, and geotechnical engineering observation and testing of compacted fill materials for relative compaction. During grading, Ninyo & Moore representatives coordinated efforts with the Transportation Corridor Agency,. the Mission Viejo Company and the California Division of Dam Safety so that the proposed roadway would not adversely affect the stability of the existing Oso Creek Dam or future developments planned by the Mission Viejo Company. • South Coast Asphalt Quarry Reclamation Fill, Oceanside, California: Services included evaluation and documentation of remedial earthwork activities, installation of subdrainage devices, and performance of field and laboratory tests for over 5K000 cubic yards of compacted fill • University of California at San Diego Microbiology Facility: This project involved geotechnical observation, documentation, and field and laboratory testing dulling site grading and installation of underground utilities. At\ ' 01 /10 96 09:50_ ! 714.2 $445 NINYO & MOORE Z020 Irvine Avenue and University Drive January 9, 1996 Bike Trail and Street Improvements Revised No. P -09822 APPENDIX B REPRESENTATIVE PROJECT EXPERIENCE Project: Irvine Avenue Bike Trail, Newport Beach, California Client: City of Newport Beach do IWA Engineers 17390 Brookhurst Street, Suite 100 Fountain Valley, CA 92718 Contact: Mr. Jon Austin, 714/968 -1221 Ninyo & Moore provided geotechnical consulting services relative to the design and construction of a bike trail along Irvine Avenue in the City of Newport Beach, California. The main aspects of the project included design of an asphaltic concrete bike trail and the construction of a retaining wall founded on CIDH pile that will cross over the Orange County Flood Control Channel. Our services included review of geologic and background materials pertaining to the site; performance of a subsurface excavation program consisting of the excavation, logging, and sampling of three borings along the proposed bike trail allgiunent and at the location of the proposed retaining wall; laboratory testing of selected soil samples; compilation and engineering analysis of the data obtained; and preparation of a report presenting our findings, conclusions, and recommendations. Our report addressed lateral earth pressures, foundation design for the proposed retaining wall located over the flood control channel, estimated settlement, excavatability and removals, corrosion potential, groundwater, and earthwork considerations. Project: University Drive Bike Trail, Irvine, California Client: Hunsaker & Associates 3 Hughes Irvine, CA 92718 Contact: Mr. Dave Frattore, 7146583-I010 Nmyo & Moore provided geotechnical consulting services relative to the University Drive Bike Trail in Irvine, California. The project included the design and construction of an approximately 8,400 -foot long segment of bicycle trail through the William R. Mason Regional Park and along University Drive. Our services included review of geotechnical and geologic background information pertinent to the alignment; excavation, logging and sampling of six small- diameter borings along the alignment; laboratory testing of selected soil samples to evaluate the subsurface support and chemical characteristics; compoation and analysis of geotechnical data; and preparation of a written report presenting our findings, conclusions and recommendations. Our recommendations addressed pavement design, subsurface and groundwater conditions, soil corrosivity, and earthwork considerations. b-i 01/10/98 09:51 ttT14& 5445 NINYO & NOORE 10 ®022 Irvine Avenue and University Drive January 9, 1996 Bike Trail and Street Improvements Revised No. P- 09822 Project: Santa Clara River Bike Trail, Santa Clarita, California Client: BSI Consultants 7001 East Fast Street Santa Ana, CA 92705 Contact: Mr. Johnnie Freeman, 714/568 -7300 Provided geoteehnical consulting services relative to design and construction of the proposed Santa Clara River Bike Trail in Santa Clarita, California. The project included design of an asphalt concrete bike trail with crossings below the Whites Canyon Road and Sierra Highway Bridges. Our services included review of pertinent geologic and background materials; performance of a subsurface evaluation program consisting of the excavation, logging and sampling of five borings; laboratory testing of selected soil samples; compilation and engineering analysis of the data obtained; and preparation of a report presenting our Findings, conclusions and recommendations regarding construction. Our report addressed settlement estimates, excavatability and removals, faulting and seismicity, pavement design, and earthwork considerations. Project: jamboree Road and Alton Parkway Improvements, Irvine, California Client: City of Irvine One Civic Center PIa2.a Irvine, CA 92715 Contact: Mr. Terry Trytten, 714/724-6512 Ninyo & Moore is providing on-call geotechnical construction observation and materials testing services during the construction phase of street improvements on Jamboree Road and Alton Parkway in Irvine, California. The project involves improvement and widening of over one mile of roadway. The purpose of our observation and testing is to document that satisfactory materials and sound construction practices are used, and that construction is conducted in accordance with the recommendations of the geotechnical report, the approved plans, and the applicable codes and ordinances. Our services include earthwork observation and testing, asphalt concrete. compaction testing, field and laboratory testing of concrete, observation and approval of remedial excavations, and engineering observation and analysis of site conditions relevant to pavement design. We also evaluated the geology exposed during grading to compare the actual geologic conditions encountered on site with the anticipated conditions, and to provide recommendations for mitigating any potentially adverse conditions. b-H k 0. . 1/10/96 09:52 1071* 5445 NIW0 & MOORE ; 0 022 Irvine Avenue and University Drive January 9, 1996 Bike Trail and Street Improvements Revised No. P -09812 Project: Orange County Transportation Authority Facility Modifications Client Orange County Transportation Authority (OCTA) do Holmes & Narver 999 Town & Country Road Orange, California 92666 Contact Mr. Robert Palazuelos, 714%567 -2400 The scope of Ninyo & Moore's geotechnical services for the OCTA Facility Modifications project includes providing construction observation and testing services for the Garden Grove Base Annex Building modifications and the construction of two new cleaning stations at the existing Garden Grove and Anaheim Base sites. Our services entail on -site soils and materials testing and inspection during construction on an as- requested basis. Field observations and testing services being performed include soil compaction testing; field sampling of soil, concrete, and asphalt, observation of footing excavations, and inspection of welding, reinforced concrete and masonry, and fireproofing. The various laboratory tests on soil and materials consist of masonry prisms and grout, concrete cylinders, fireproofing, and reinforcing steel. Project: San Joaquin Hills Transportation Corridor (SR-73), Orange County, California Client: Transportation Corridor Agencies do DeLeuw Cather & Company Two Venture, Suite 550 Irvine, CA 92718 Contact: W. Jorge Barraza, 714/453 -0200 Currently, Ninyo & Moore is providing a wide range of geotechnical services related to the construction of the San Joaquin Hills Transportation Corridor (SR -73)' from Interstate 5 in San Juan Capistrano to the junction with the existing SR -73 in Newport Beach, California. This 14 -mile stretch of new roadway is expected to decrease the average commute time through this area by 20 minutes. Ninyo & Moore is currently observing and testing the earthwork and construction materials at the site, and has provided geotechnical analyses addressing landslide stability, faultinWseismi.ci expansive soils, cut and fill slope stability, settlement of alluvium and fills, diatomaceous. soils, foundation alternatives, shoring configurations, and the geotechnical conditions exposed during grading: The highly complex geology in the project area has necessitated a number of in- grading design changes, which Ninyo & Moore provided input for. As an example, previous consultants evaluating the project site failed to recognize several landslides along the roadway alignment. Ninyo & Moore identified these landslides during grading and participated in a redesign of the effected section of roadw which allowed mitigation of the slides through buttress construction rather than complete remov7 thus saving the client both time and money. Ninyo & Moore also participated in the geotechnical aspects of design and construction of the roadway, retaining walls, ?ASE walls, tie -back walls, soundwalis, bridges, storm drains, culverts, and utilities. Our engineers provided recommendations for foundations including conventional shallow footings, concrete piles, steel H- piles, cast -in- drilled -hole piers, large - diameter shafts and stone columns. Earthwork at the site is expected to ultimately involve approximately one billion cubic yards of soil. 01/10/96 09:59 07140 5445 NINYO & MOORE • IZ 029 5 M ►t►tttR , AROMA CONFERS NO RIGHTS UPON THI CERTIFlC B HOLDER Troll ERT ICATQ DEALEY, RENTON & ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THIS COVERAGE AFFORDED BY THE P,O, Sox 12575 POLICIES BELOW, COMPANIES AFFORDING COVERAGE Oakland, CA 94604 -2675 Edl DO A 510- 465 -3090 LETIFA National Sv(stv Co COLPAAW 8 Fire Fund Insurance Co. C01110pI O Ninyo Is Moore 19225 Bernell! Canyon Rd,St*A112 American Au a obl D San Diego, CA 92121Ttn Zurich UK SERE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR.CONDITIONOF ANY CONTRACT OR OTHER DOCLMENT WITHRESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAK THE INSURANCE AFFORDED BY THE POUC+ES DESCRIBED HEREMIS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LMTS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. O* L TYPO OF NOAANDa ►0LI*YTA/L4= POLIOVErMOTRC MIVWf14T LURK DarC(RY/DD/YY) DAra(TW,W/YY) *ERPAAL LIADLRT GENERAL AIGREGAT11 F 2.000,000 ?F=IS-W/WA% 2,Q00,090 A X CDNERDAL GENERAL LO.fluTY MXXOD631205 10103!95 10/03/96 w CEADAS NADE F x1 occuL PERSONAL a AN. IMJ{E11' f EACH 1—JA00,000 OIINBR'SL CONTINCTW'SPRDL FIRE OhNIA11t ft we Ird 1 1 MEO. EXP NSF Eby m pmwI 1 AOToRODLa LIAaLYY CDVEINFO ANGLE i X A ANY AUTO MXX80631205 10/03/95 10/09/96 L"T IOPLY IIIM ALL OWWO AU103 FAMID AUTOS o'er Fated X HIRED AUTOS. aDOILY WARY f X HOWMED AUTOS D'T+ AWde>B PROPERTY O"R 1 GARAED LIAEUTY E,XClzaL1AOLRY R,tH OR.U* 1 AaORE f B IMIRFUA FORM OTHER THAN VABIAL& FORM M.11401 ?r` ^.�:;?3: riNeF XORKE71'S OOIWEtaLATIDN X STATUTORY INDEX TACAAC60F f 1,900,0130 C AEn WPS0675401, 7/01105 7/01/96 DISTAL -rourf LMT 1 1,000-000 OA*'LDTCIYUAOLRY 0131911-EACH TAP10"I 1 OTHLR . D Professional ZRU950005 10/03/96 10/D3/96 $1,000,000 per & Contractors claim 4 $1,000,000 oLfcAlirlDN o• ovlaArRwc +LOaAtwla+vdloLEVptD1At YcRs ... ras.ra .. ' SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE TFEREOF, THE ISSUING. COMPANY WILL ENDEAVOR TO MAL 30 DAYSYY. RITTENNOTKXTOTHECERTFICATEHOLDERNAMEDTOTHH * * ** *SAMPLE FOR PROPOSALS* * ** LEFT.BUT FAILURE TO MAL SUCH NOTICE SHALL P E. OSE NO OBLIGATION OR LIABLITYOF ANY KIND UPON THE COAPANY.FTS AGENTS DR REPRESENT AT IVES, AHTRCAI=AI WZS MATft . R 1B 50000 By 01/10/96 09:54 CCCCCCCCC TTTT CCCCCCCCC TTTT CCCC TTTTTTTTTTTTTT CCCC TTITITTTTTTTTT CCCCCCCCC TTTT CCCCCCCCCITTTTTTTT T CALTRAIIS 12714 i 5445 NINYO & MOORE • Cortification Ilumber: CT- 006070 HISPANIC MALE Certifying Agency: CALTRA14S CORPORATION Expiration Date: 05 -01 -1996 Contact Person, AVRAM I1111YO (619) 457-0400 Attention: AVRAM 11111YO NINYO 8 MOORE 10225 BARNES CA14Y011 RD., STE, A -112 SAN DIEGO, CA 92121 0 024 DEPARTMEI4T OF TRANSPORTATION Division of Civil Rights 1120 N Street, Room 2500 Sacramento, CA 95814 (916) 654-4576 - -- K CERTIFIED PROGRAMS SMBE - - -- -Post in Public View - - - -- CERTIFICATION MUST bE RENE14ED A1414UALLY It is your responsibility to: ' - Apply for Recertification on a Timely Basis. - Review this notification for accuracy and notify Caltrans in writing of any necessary changes. - ---- Preferred WORK LOCATIONS—— 514 STATE HIDE -- Preferred WORK CATEGORIES and BUSINESS Types---- - C3700 COIISULTA14T . SE C8722 ENVIRONMENTAL ENGINEER SE Cnly certified DBE's may be utilized to meet Federally funded contract goals. Only certified SMBE or SHBE's may be utilized to meet State funded contract goals, Only certified CFMBE or CFNBE's may be utilized to meet Century Freeway contract goals, 01/10/96 09:54 V714 • 5445 NINI'O & MOORE • R023 VICTOR A. NIETO DIPECIO6 16161 671 -5616 y Qwunty of `O�ViiYl piggo EQUAL OPPORTUNITY MANAGEMENT OFFICE 1000 PACIFIC HIGHWAY. SAN DIEGO, CALIFOANIA 921DI -2422 October 27, 1995 AVRAM NINYO NINYO & MOORE 10225 Barnes Canyon Rd, Suite A -112 San Diego, CA 92121 Dear Avram Ninyo: Based on the CALTRANS certification of NINYO A MOORE as a Minority or Women owned Business Enterprise (MWBE) , the County of San Diego, Equal Opportunity Management Office has approved your firm for certification. as an MWBE under County Board of Supervisor's Policy B -39. This certification is valid until the CALTRANS expiration date of May 1. 1996 When you receive your annual renewal from. CALTRANS,' you must forward a copy of that renewal to this office. Also, please keep us informed of any address or phone number change so that we can keep our MWBE directory up to date. Failure to keep us informed of your current address, phone number and certification status will result in your firm being deleted from our directory. Your firm will be listed in our MWBE directory in the following categories. categories, -Engineering Services Environmental Services Specific Service or Products Environmental Consultant Please address any questions regarding the MWBE program to: Equal Opportunity Management office Contract Compliance -- County of San Diego 1600 Pacific Highway, Room 208 San Diego, CA 92101 (619) 531 -5819 Sincerely, CTOR A. NYETO, Director Equal opportunity Management Office 01/10/96 09:55 BOARD OF PUBUC WORKS MEMIERS J. P. ELLMAN ►Resicew FRANK C. CARDENAS v1e4rRCSIDENT K C -RED- MARTINEZ SHARON K MORRLS EU.EN STEIN JAMS$ A DIBSON SECRETARY 12714 5445 NINYO & MOORE • CITY OF Los ANGELES CAWFORNIA Avram Ninyo Ninyo & Moore 9272 Jeronimo Rd:, Suite 123A Irvine, CA 92718 Dear Mr. Ninyo: r��iuui® Q026 6 KRNARO Qi " GCMG W r Muc V.MrtR NO &RE06R ""V W CONTRACT ADMINI5TRATION VII n MUP" Sr M Sao LO$ ANG4C1 CA DWII C2131 "o-Im September 11, 1995 File: CCA -964 Expiration 9196 Ethnicity: Hispanic Phone: (714) 472 -5444 MINORITYIDISADVANTAGED BUSINESS ENTERPRISE (MBE /DBE) RECERTIFICATION APPROVAL We are pleased to inform you that your firm has been recertified by the Bureau of Contract Administration, Office of Contract Compliance (OCC) as a Minority/Disadvantaged Business Enterprise (1VIBEMBE). Your firm's name has been placed in the City MBE/WBEIDBE directory. Your firm's work category is listed in the directory as Geotechnical & Environmental Sciences Consulting Services. If there are any changes in ownership, control, or work category during this certification period, you are required to notify us in writing of those changes. Please include your file number an all correspondence to us. This certification is valid for one year from the date of this letter. Sixty (60) days prior to the certification expiration date, you will be required to apply for recertification. The OCC will send you recertification documents. If you do not receive these documents thirty (30) days prior to the certification expiration date, please call at (213) 847 -6480. DTP: sgj c:964rcrt rnSincerely, (� DAVID T. PETERSON, Program Manager Office of Contract Compliance Bureau of Contract Administration W Rr/LW PLtitiE RrfER To ill[ NVMlrA SHOWN AVOWS AMAMW At COMMW ?J NS TO THE MREAV ' 01/10/96 09:55 V7140 5445 NINLO & MOORE • 2027 April 21, 1995 Avram Nino President tosAnSclesCounty Ninyo 4.4c Moore Metropolitan 10225 Barnes Canyon Road, Ste. AII2 Transportation San Diego, CA 92121 Authority ,0 '.ceit Sevenih sweet SUBJECT- VIBE. RECERTIFICATION APPROVAL suite;oo tt,s;nst:It:s, CA, 90017 Dear it'Ir. Ninyo: atj.972 -60oo Pursuant to the provisions of the Department of Transportation Rules and Regulations found at 49 CFR, Part 23 and the policy of the Los Angeles County >iailingAddress: Metropolitan Transportation Authority (,11TA), \'INYO &110ORE has been P.O. eaz 194 granted approval for /]Minority Business Enterprise. (MBE) recertification status. tsi AnSeles, CA goo;I DMTA reserves the right to withdraw this recertification if at any time it is determined that recertification was kno++ingly obtained by false, misleading, or Incorrect information. AlTA also reserves the right to request additional information and /or conduct on-site visits at any time during the recertification period. The firm NINYO & MOORE tbereby consents to the examination o[ its books, records, and documents by IVfIA. This recertification is valid for a period of two years. To continue doing business with DMTA as an DMBE, a recertification affidavit and current Federal Tax Returns must be submitted prior to the firm's recertification expiration date of April 21, 1997. If theie are any changes in the oi+nership or control of the firm during the recertification period, you are required to notity this otTice immediately. Sincere] , C%� - (2 B sie Rush- Johnson Equal Opportunity Programs Representative BRJ:JY\4 -95 cc: %'%IC file \RECERT3 01/10/96 09:58 e714 • 5445 NINYO & MOORE • ® 028 Yo, .. COUNTY OF LOS ANGELES OFFICE OF AFFIRMATIVE ACTION COMPLIANCE JOHN HILL Allirmalire Aclion Compliance Officer October 19, 1994 Kenneth Hahn Hall of Admin{SlraW 500 Wesl Temple Slreel, Room 780 LOS Angeles, California 90012 (213) 974.1080 / FAX (2 t 3) 626.7034 Avram Ninyo, Principal NINYO & MOORE 9272 Jeronimo Road, Suite 123A Irvine, CA 92716 Dear Mr. Ninyor MEIABERS OF THE BOARD GLORIA MOLINA YVONNE BRATHWAITE BURKE EDIAUND D. EDELMAN DEANE DANA MICHAEL D. ANTONOVICH Ref. No.s A063- 000915 Congratulations! In accordance with the Minority, Women- owned, Disadvantaged, and Disabled Veterans Business Enterprise Program (M /W /D /DVBE) adopted by the Los Angeles County Board of Supervisors and Code of Federal Regulations (CFR) 49, Section 23, your firm has been approved as a certified MBB. This certification is valid for two years, due to expire on October 19, 1996. The Los Angeles County Office of Affirmative Action Compliance (LAC OAAC) reserves the right to withdraw this certification if at any time it is determined certification was .knowingly. obtained by false, misleading, or incorrect information, As of July 19, 1994, the Los Angeles County Board of Supervisors mandated it unlawful for anyone who knowingly submits information with the intent of receiving certification and concurrent benefits 'for which they are not entitled. The mandate is noted on the reverse side of this letter, LAC OAAC also reserves the right to request additional information and /or conduct on -site visits at any time during the certification period to verify the documentation submitted in your application for certification. By accepting certification, the firm of Nimo & MOORE, hereby consents to the examination of its books, records and documents by LAC OAAC. If there are any changes in the ownership or control of the firm during the certification period, you are required to notify this office immediately. Very truly yours, JOHN HILL Rr=CrzI lF© Affirmat' A lion Compliance Officer OCT 2 MAY K cI NNYO A11D 15i,711i M /W /D DVBE Coordinat ORANUC:QUN{YDFACE JR. MX: mec 01.10.96 09:57 12714& 5445 NINYO & MOORE • ,hUMAN RESOURCES MWBE CONTRACT COMPLIANCE AGENCY 222 West Hospitality Lane, Third Floor • San Bernardino, CA 92415 -0021 a (909) 386.8589 Fax (9091396-8668 September 28, 1995 Avram Ninyo Nino & Moore 10225 Barnes Canyon Rd., Ste. AA 12 San Diego, CA 92121 RE: MWBE/DVBE REGISTRATION Dear Mr. Ninyo: a:. lit 029 COUNTY OF SAN BERNARDI% COUNTY ADMINISTRATIVE OFF MICHAEL D. TRUJILLO Assistant Administrative Office Human Resources Your firm has been registered by the Contract Compliance Agency (CCA) of the County of San Bernardino and placed in our directory as per_the following: Registration Number: 950100005 Expiration Date: 5 -1 -96 Ethnicity: Hispanic Certified As: MBE This registration is valid through the expiration date above, which corresponds with your certification eligibility. If after the expiration date you wish to continue to do business with the County of San Bemardino as a Mincrity/Women -Owned and/or Disabled Veteran Enterprise (MWBE/DVBE), please contact this office thirty (30) days prior to your expiration date. If there are any changes in ownership, control, or Avork category of your firm during the registration period, you are required to notify this office of those changes in writing. The County of San Bernardino, Contract Compliance Agency reserves the right to withdraw this registration if at any time it is determined that this registration was knowingly obtained by false, . misleading or incorrect information. CCA also reserves the right to request additional information and/or conduct on site visits at any time during the registration period. By accepting this registration, your firm hereby consents to the examination of its books, records, and documents by the Contract Compliance Agency of the County of San Bernardino. You should keep this letter for identification to all County of San Bernardino Departments. Sincer, , W. B. Jeff so /Director drb 01/10/98 09:57 %2714 ! 5445 NEWO & MOORE • UNIVERSITY OF CALIFORNIA peer. LL EV l D%%'IS • IMINC• LOS AN4a I C3 • 111%'[ASIDC •SAN Be LCO • svv rnANcnco I -W. FELTASON Fresidcnl RONALD W. BfL1DY Senior Vice pres:danl— — Adminisoalion Ninyo & Moore 10225 Barnes Canyon Road Suite A112 San Diego CA 92121. Re: Certification as•a Disadvantaged Business Enterprise Dear Mr. Avram Ninyo: la 030 i D SANTA RA nD.aR� • 3, \TA CIILZ OFFICE Of THE PRESIDENT Blalnps AfwDNive Action CcrliSal:on unit Hot BAA 1100 l.ke.ide Drive. 3rd Floor Oakland, CA 9 +612•3550 he Certification Number: 92- 00791 -12•c Issue Date: 02111/93 Expiration Date: 02/17/96 The purpose of this tenet is to inform you that the University of California, Office of Business Affirmative Action, is in receipt of the documents your firm submitted in support of your application to the University to become certified as a DEE under the University of California's Business Affirmative Action Program. Based on the completed application form and documentation of your current certification status with WMEE Clearinghouse as a DBE, the University of California will recognize your firm as a DBE for the purpose of doing business with a University location as a DBE, SDBE, WBE, SWBE, DVBE or a SDVBE underthe University of California's Business Affirmative Action Program. This certification of eligibility as a DBE under the - University of California's Business Affirmative Action program issued this 171h day of February 1993 will be in effect a period of three (3) years, At the end of the three year period, the University will contact your firm to determine if your firm continues to meet the University's DBE/WBE /DVBE program definition(s) and wishes to recertify. It is the responsibility of the supplier to inform the University of any changes that will affect the status granted under the University of California Business Affirmitive Action Certification process. The University reserves the right to avithdiaw this certification if, at any time, it is determined that your firm no longer meets the University's certification criteria. Should you have any questions, please contact the Business Affirmative Action, Certification Unit on (510)987.0300. When requesting additional information, please refer to the file certification number as it appears on the upper right portion of this fetter. Very truly yours, p� Ateph�ae Gantt r Coordinate[ • t 01.10 98 08:38 Q7110 3443 %ti10 E Clcarin NINTO & b00RE ** NOTE: Cordoba Corporation has not Incorporated a' renewal" process and has suspended all expiration dates. Certification with the WMBB Clearinghouse can be confirmed by contacting a verification analyst at (800) 869.7385. 07/02/90 ' HINYO & Y.00RS,GEOTECHNICAL & 10225 HA.ZyES CANYON RD €A112 SAN DIEGO, CA 92121- CAS VERIFICATION. ORDER M7113ER: 90CS0160 Q031 In accordance With General Orde= 156 and the Clearinghouse Operational Guidelines, W? 37_ status has been verified and approved for your firm, as follows: _ieMinority Business Enterprise (vBE) status Women's Business Enterprisa (WBE) status 14131ti Status this status enables your fiti to participate as a WH33, in procurezaent progrars for the public utilities doing business in the State of Califor- nia who are signatories to 11a W?!3:: Clearinghouse. This Verification status is valid for thras (3) years from the data of this letter with the following conditions: ** (1) You must renew Your verification within 30 days upon change of own - ershiv or control. Failure to re- verify subsequent to a change -In ownership or control may result in de- verification of your firm. (2) The Clearinghouse rav' ;eccnsider your immn status, if it is deter- mined that such status was 1:novingly'obtained by false, misleading or incorrect infor- ation. (3) If, in a formal opinion, the California Public Utilities Commission determines that the W'M33 verification criteria under which you were deemed to be eligible is no longer valid. (4) Tha Clearinghouse pay request additional information or conduct on- site visits during the term of your verification. We wish you success in your future business develop -ment. Vi�Zr o � VERIFICATION ANALYST 0 S;NIOR VERIFICATION ANALYST A Ir:.6rr.J \. I-- 1,.1.. n,.., ...... — . .....1 ._. - t_ . _.e1.. , . .. ..... 'V':U ire J44a t(,I)UL ;.; J�xwxrvl,�n0 Er'rnrOrlrcpn;ui 5•Jm:n Cers %rec_ y 7, 1996 X0259 -03 Mr. Fong Tse � / City of Newport Beach X h _1 3300 Newport Boulevard Newport Beach, California 92663 Subject Addendum to Revised Proposal for Geoteehnieal Observation and Testing Services, Irvine Avenue and University Drive Bike Trail and Street Improvements Newport Beach, California Reference: Revised Proposal for Geotechnical Observation and Testing Services Irvine Avenue and University Drive Bike Trail and Street Improvements Newport Beach, California Dear Mr. Tse: In accordance with your request, we are pleased to provide this addendum to the above referenced proposal. Based on our recent telephone conversation, it is our understanding that the City of Newport Beach would like an addition/rewording to our proposed scope relative to the earthwork operations and retaining wall construction for the subject bike trail project. This addition to our proposed scope includes the following: • Preparation of a written report summarizing the results of our field and laboratory testing. This report will include a statement which indicates (if applicable) that the fill placement and retaining wall construction which was observed and tested by Ninyo & Moore was performed in accordance with the project specifications and plans. We appreciate the opportunity to be of service on this project If you have any questions regarding this addendum letter, please contact the undersigned at your earliest convenience. Respectfully submitted, N [NYO & MOORE Mark A. Stier, RCE Senior Project Engineer MAS /CAP /JV /'wgb Distribution: (2) Addressee Jalal Vakili, PhD. , P.E. Principal Engineer 'C22+ & -r;+es Canyon Road SoreA 112 San' -egc. Cel,'or:ra 92! 2 i • ?hone 1619) 457 4C0 • Fen '519) 55 8-1236 5272:eronimo Road Spice f23A bv,ro. C &dorr;,? 92718 • ?hone(714)477. -544` • cix;J;4 :472 -5445 55 'JJe2 �osa��aGry unr 50:T 165 • Ser, Brnud rc. Ca.' `omia 92408 ?none r909j 3y3 9777 . Fax r909( 393 -9776 9 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: January 15, 1996 SUBJECT: Contract No. C -28:31 Description of Contract -T nTjnd AN anri Tlnismraity Drive Class -1 bike Trail d Rtrpw�t Tgprovemenf-,; Effective date of Contract December 13, 1995 Authorized by Minute Action, approved on December 11, 1995 Contract with Clayton Engineering Address 3661 Spruce St. Newport Beach CA 92660 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • �Iti)����'(i : _ ► � � � : - Y�73�x�lrti'LK�1�LLyL FROM: PUBLIC WORKS DEPARTMENT December 11. 1995 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS, CONTRACT NO. 2851 RECOMMENDATIONS: 1. Approve the written request made by The Gorham Co., Inc. of Norco to rescind its bid due to clerical errors. 2. Declare the bid submitted by The Gorham Co., Inc. of Norco as non - responsive. 3. Declare the bid submitted by Los Angeles Engineering, Inc. of Rosemead as non- responsive. 4. Waive the minor irregularities contained in the bid submitted by Clayton Engineering, Inc. of Newport Beach. 5. Declare Clayton Engineering, Inc. of Newport Beach as the lowest responsible bidder. 6. Award Contract No. 2851 to Clayton Engineering, Inc. of Newport Beach for the total bid price of $1,216,787.65, and authorize the Mayor and the City Clerk to execute the Contract. 7. Authorize a 10% contract contingency amount of $121,678.77. DISCUSSION: At 10:00 A.M. on November 14, 1995, the City Clerk opened and read the following bids for this project: BIDDER Low The Gorham Company, Inc. 2nd Clayton Engineering, Inc. 3rd Griffith Company 4th Fleming Engineering, Inc. 5th Gillespie Construction, Inc. 6th Advanced Construction 7th Los Angeles Engineering, Inc. 8th Sully - Miller Contracting * Bid With Clerical Errors Corrected ** Lowest Responsible Bid * ** Incomplete /Non - responsive Bid TOTAL BID PRICE $ 1,115,166.80 (1,241,222.80)* $ 1,216,787.65 ** $1,218,422.30 $ 1,221,758.50 $ 1,233,347.00 $ 1,376,997.00 $ 1,457,232.00 * ** $ 1,510,882.30 SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS, CONTRACT NO. 2851 December 11, 1995 Page 2 The apparent low bidder, The Gorham Company, Inc. of Norco, notified staff within one hour • after bid opening that its bid contained clerical errors and requested it be withdrawn. A review of Gorham's bid calculation sheets confirmed that three (3) clerical errors were made in Gorham's low bid. These errors caused Gorham to underbid Proposal Bid Item #7 (Unclassified Fill) by $98,000, Proposal Item #44 (Install Traffic Signal Improvements) by $2,283, and Proposal Bid Item #46 (Install Erosion Control Planting and Irrigation) by $25,773. Had these errors been corrected prior to bid opening, Gorham's bid would have been increased by $126,056 to a total bid price of $1,241,222.80 (5th low). Public Works Department staff has reviewed Gorham's written request and calculation sheets with the City Attorney and concur that clerical errors were made as claimed. In addition, there was an approximately $100,000 differential between Gorham's bid and the second low bid, while the total bid prices received from the 2nd through the 5th low bidders were within a 1.4% price differential, further supporting Gorham's claim that the bid submitted contained clerical errors. Per the Public Contract Code, the contractor may be relieved of the bid if the record establishes that a mistake was made. It is therefore recommended that the City Council acknowledge that clerical errors were made in preparing the bid and approve The Gorham Co., Inc.'s written request to rescind its bid. Staff received a letter from the second low bidder, Clayton Engineering, Inc. of Newport Beach, • protesting that the amount of work proposed by Gorham to be completed by its own forces is less than the 50% minimum required by the Project Specifications. Gorham's response confirmed this lack of compliance, in addition to containing errors. Staff recommends that Gorham's bid be declared as non - responsive. Staff also received a letter from the third low bidder, Griffith Company of Santa Ana, protesting the incomplete bids submitted by the first low and second low bidders. Specifically, The Gorham Co., Inc. did not fill out 9 of the 49 Proposal bid items' unit price in words and Clayton Engineering, Inc., did not fill out 14 of the 49 Proposal bid items' unit price in words. Staff reviewed this protest and found the irregularities inconsequential as it would not have changed the bid outcome, and does not result in an unfair advantage over the other bidders. Staff recommends that the minor irregularities contained in the bids submitted by The Gorham Co., Inc. and Clayton Engineering, Inc. be waived. The letters mentioned in the proceeding three paragraphs are on file in the Public Works Department and can be provided to anyone wishing to review them. The bid submitted by Los Angeles Engineering, Inc. of Rosemead did not include Proposal Bid Item #49 (Construct 6" P.C.C. Curb) as required by Addendum No. 3. As such, staff recommends that Los Angeles Engineering's bid be declared as incomplete /non- responsive. • Given that this cooperative project is jointly funded by the City and the County of Orange, staff has discussed the above contract award issues with the County's Project Coordinator. The County of Orange concurred with City staffs findings and recommendation to approve Gorham's request to rescind its bid, and authorized the City to award the contract to Clayton Engineering, Inc. of Newport Beach, the "lowest responsible bidder". SUBJECT: IRVINE AVENDE AND UNIVERSITY DRIVE CLASSAIKE TRAIL AND STREET IMPROVEMENTS, CONTRACT NO. 2851 December 11, 1995 Page 3 • The lowest responsible bidder, Clayton Engineering, Inc. of Newport Beach, submitted a total bid price of $1,216,787.65. This is 6.4% below the Engineer's estimate of $1,300,000, and is responsive in all other respects. Clayton is a well - qualified general engineering contractor who possesses a Class A Contractor's license. Clayton has successfully completed previous contract work for the City. A check of their experience, references, and the State Contractors' License Board has shown that Clayton has successfully completed similar projects as a contractor and has no pending actions detrimental to their contractor's license, respectively. Most recently Clayton Engineering completed the Riverside /Cliff Drive street reconstruction and storm drain project. SCOPE OF WORK AND CONSTRUCTION SCHEDULE: This project provides for the grading to improve slope stability along the east side of Irvine Avenue and a separated pedestrian /bicycle trail through the Orange County Upper Bay Park site from Santiago Drive to University Drive connecting to the existing Upper Newport Bay Bike Trial. In addition, the project provides for construction of curb, gutter, roadway pavement, a 2- feet wide exposed aggregate mow strip, and landscaping along the east side of Irvine Avenue; a separate right -turn lane and relocation of the traffic signal at the southeast quadrant of the • Irvine Avenue/ University Drive intersection; the construction of two (2) curb access ramps on the east side of Irvine Avenue at University Drive, the construction and striping of frontage improvements for the south side of University Drive; the construction of a commercial drive approach on the south side of University Drive for the future County of Orange Interpretive Center; the construction of a cul -de -sac at the existing University Drive easterly terminus; the relocation of existing utilities and construction of drainage facilities and water service connections within the construction limits for immediate and future demands. The project also provides for permanent erosion control planting, and requires the contractor to install and maintain strict erosion control measures during construction. The contractor is further required to manage the site in accordance with an approved Storm Water Pollution Prevention Plan (SWPPP) and the State General NPDES Permit required for construction sites in excess of 5 acres. The Contract specifies that all work shall be completed on or before the August 31, 1996 completion deadline. The Contractor's failure to complete the work by this date will result in the assessment of liquidated damages in the amount of $250.00 per work day. The Coastal Zone Permit for this work has been obtained by the County of Orange. The Plans, • Specifications and Estimate were prepared by the civil engineering firm, IWA Engineers of Fountain Valley. As required by the project's Environmental Impact Report, the City will retain the services of a County- approved archaeological /paleontological consultant to monitor the archaeological excavation work. COOPERATIVE FUNDING: On November 7, 1995, the City of Newport Beach and the County of Orange entered into a Funding Assistance Agreement No. D95 -116 where the City and the County agreed to share 0 0 SUBJECT: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS, CONTRACT NO. 2851 December 11, 1995 Page 4 the construction cost of this improvement project. The Agreement stipulated that the City fund • 100% of the University Drive Cul -de -Sac construction, the County funds 100% of the University Drive improvements, and the City and County equally share the costs of the remaining work. A summary detailing the funding as provided in the Agreement and each party's share of this contract is provided below. Funds provided for the project in the Cooperative Agreement City Construction Cost $561,804 Construction Engineering /Administration $ 95,507 Supplement Design Cost $ 25.000 Totals $682,311 are as follows: County Total $677,512 $1,239,316 $115,177 $ 210,684 $ 25.000 $ 50.000 $817,689 $1,500,000 Funds to be encumbered for award of the contract are as follows: Description Account No. Amount Contingency Amount County of Orange Participation 7254- C5100137 $ 643,345.55 $ 64,334.56 • Irvine Avenue Improvements 7013- C5100137 $ 23,442.10 $ 57,344.21 Irvine Avenue Improvements 7181- C5100137 $ 300,000.00 $ 0 Irvine Avenue Bike Trail 7283- C5100203 $ 250.000.00 $ 0 Total $1,216,787.65 $121,678.77 Respectfully su fitted, N U LIC WORKS DEPARTMENT Don Webb, Director Fong Xe and John Wolter • Project Managers Attachment: Exhibit A, Location Map i • CITY OF NEWPORT BEACH PROPOSED IRVINE AVENUE EXHIBIT A CLASS I - REGIONAL TRAIL O CITY CLERK'S CnPy NOTICE INVITING BIDS. Sealed bids maybe received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915 until 10:00 AM.on the 14th day of November, 1995. at which time such bids shall be opened and read for: IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS Title of Project 2851 Contract Number $1 300.000 Engineer's Estimate �crFOR�j Approved by the City Council this 9th day of Octobe r, 1995 Wanda Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call John Wolter at (714) 644 -3326. Project Manager ADDENDUM NO.1 Irvine Avenue and University Drive Class -1 Bike Trail and Street Improvements CONTRACT NO. C -2851 November 3, 1995 L GENERAL INFORMATION 1. The bid opening for Contract No. C -2851 of 10:00 A.M. on the 13th of November as Noticed in the newspaper is rescheduled to 10:00 A.M. on the 14th of November. Q 1. Replace pages 11 and l.2 of the Specifications with the attached revised same pages for Additional Insureds. lIL PROPOSAL 1. Replace Proposal page number PR 1.5 with the attached revised same page for Item No. 22 payment description to read "Per Each ". 2. Replace Proposal page number PR 1.8 with the attached revised same page for: a. Item No. 42 quantity change from "5" to "4". b. Item No. 43 quantity change from "5" to "4 ". c. Item No. 43 item description change. IV. SPECIAL PROVISIONS 1. Replace Special Provisions page number SP -25 with the attached revised same page for payment description change in the last paragraph of Section 2.3.8 Payment V. PLANS 1. Replace Sheet No: 3 of Plan No. R- 5686 -S with the attached revised same sheet for cross sections details changes. 2. Replace Sheets No. 5 and 7 of Plan No. R- 5686 -S with the attached revised same sheets to delete proposed 2" water service installations at STR. STA. 15 +85.43 and STR. STA. 40+57.85. 3. Replace Sheet No. 6 of Plan No. R- 5686 -S with the attached revised same sheet to add 2" water service installation on the east side of Irvine at 23rd. StreeL 4. Replace Sheets No. 17 and 18 of Plan No. R- 5686 -S with the attached revised same sheets to show proposed contour lines. Please sign and date this ADDENDUM NO. 1 and attach it to your Bid Proposal. No bid will be considered unless this signed ADDENDUM NO. 1 is attached. clym 6 S /Steven M. Murow, V.P.- Secretary /Treasurer 11/13/95 ohm Wolter , Bidder's NameJAuthorizeo Signature Date November 8, 1995 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.2 Irvine Avenue and University Drive Class -1 Bike Trail and Street Improvements CONTRACT NO. C -2851 L SPECIAL PROVISIONS 1. Section 1.30 CONTRACTOR'S LICENSES It is hereby clarified that the contractor performing the water services and other water related work items shall possess a Pipeline Specialty Contractor C -34 License. It is further clarified hat the-storm drain improvement work required under this project does not require a Pipeline Specialty Contractor C -34 Incense . Please sign and date this ADDENDUM NO. 2 and attach it to your Bid Proposal and Addendum No. 1. No bid will be considered unless both this ADDENDUM NO.2 and ADDENDUM NO. 1 are signed and attached to your Bid ProposaL S /Steven M. Murow; V.P.- Secretary /Treasurer 11/13/95 Bidder's Name/Authorized Signature Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.3 Irvine Avenue and University Drive Class -1 Bike Trail and Street Improvements CONTRACT NO. C -2851 v. November 9, 1995 PROPOSAL 1. Replace Proposal page number PR 1.3 with the attached revised same page for Item No. 13 quantity change from "2,628" to "3,685 ". 2. Replace Proposal page number PR 1.9 with the attached - revised same page -to add Item No. 49 for constructing 6° P.C.C. Curb. Please sign and date this ADDENDUM NO. 3 and attach it to your Bid Proposal and Addenda Nos. 1 and 2. No bid will be considered unless both this ADDENDUM NO. 3 and ADDENDA NO. 1 and 2 are signed and attached to your Bid Proposal. 4�109 S /Steven M. Murow, V.P.- Secretary /Treasurer 11/13/95 Wolter Bidder's Name/Authorized Signature Date ct Manager c, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE AND UNIVERSITY DRIVE CLASS 1 BIKE TRAIL AND STREET IMPROVEMENTS CONTRACT NO. 2851 To The Mayor and the Members of the City Council City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 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 work required to complete this Contract No. 2851 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following units prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Fifty -Five Thousand Dollars and No Cents $55,000.00 Per Lump Sum 2. Lump Sum Provide Detour/Traffic Control @ Twenty Thousand Dollars No C an $20 ,000.00 Per Lump Sum 3. Lump Sum Clear and Grubb @ Seventy Thousand Dollars No Cents $70,000.00 Per Lump Sum ITEM QUANTITY AND UNIT 4. E 21 7 9 .0 112,000 S.F.. 20,000 C.Y. Lump Sum 0 ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS Unclassified Excavation No Dollars and Twenty -Five Cents Per Square Foot Overexcavation One Dollars and Seventy -Five Cents Per Cubic Yard Cents Archaeological Excavation Per Cubic Yard Fifteen Hundred Dollars Construct Roadway Aggregate Base and No Cents .�s 0 UNIT TOTAL PRICE PRICE $ .25 $ 28,000 00 $ 1.75 $ 35,000.00 $1500.00 $ 1,500.00 $ 4.90 $ 120,050.00 $ 11.50 $ 29,693.00 $ 11.50 $ 25,070.00 Per Lump Sum 24,500 Unclassified Fill C.Y. Q Four Dollars and Ninety Cents Per Cubic Yard 2,582 Construct Roadway Aggregate Base Ton E1 even Dollars and Fifty Cents Per Ton 2,180 Construct Bike Trail Aggregate Base Ton Eleven Dollars and Fifty Cents Per Ton .�s 0 UNIT TOTAL PRICE PRICE $ .25 $ 28,000 00 $ 1.75 $ 35,000.00 $1500.00 $ 1,500.00 $ 4.90 $ 120,050.00 $ 11.50 $ 29,693.00 $ 11.50 $ 25,070.00 10. 11. 12. 13. 14. 15. 1,181 Ton 1,725 Ton 640 L.F. 3,685 L.F. 698 L.F.. 3,600 S.F. ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS Construct Roadway Asphalt Concrete Pavement Thirty -Two Dollars Twenty -Five and Seventy -Five Cents Per Ton Construct Bike Trail Asphalt Concrete Pavement (� Forty -One Dollars Cents and Fi ftV Cents Per Ton Construct Asphalt Concrete Dike Fi va Dollars and Seventy -Five Cents Per Linear Foot Construct 8" PCC C&G, Type "A" (Seven Dollars and Fifty Cents Per Linear Foot Construct 8" PCC Curb, Type "B" (a)Seven Dollars and Fifty Cents Per Linear Foot Construct 4" PCC Sidewalk UNIT TOTAL PRICE PRICE $ 32.25 $ 38,087.25 $41.50 $ 71,587.50 $ 5.75 $ 3,680.00 $7.50 1 $ 27,637.50 $7.50 $ 5,235.00 $ 2.45 $8,820.00 16. 17 18. 19. 20. 21. A QUANTITY ITEM DESCRIPTION UNIT AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 2 Construct PCC Access Ramp EA Four Hundred Fifty Dollars No 450.00 900.00 Cents $ $ Per Each 1 Construct PCC Driveway EA 8 Thirty -Five Hundred Dollars No 3,500.00 Cerd $3,500.00 $ Per Each 15,220 Construct Exposed Aggregate Concrete SX. (� Two Dollars Ninety -Two _ C ans $ 2.92 $ 44,442.40 Per Square Foot 150 Install Metal Beam Guard Rail L.F. Twenty -Seven Dollars and Fifty Cents $ 27.50 $ 4,125.00 Per Linear Foot 15 Install Bollard EA One Hundred Forty- FivgjoHars and No Cents $ 145.00 $ 2,175.00 Per Each 4 Construct Curb Inlet EA Thirty -Six Hundred Dollars and No Cents $3,600.00 $_14,400.00 Per Each V Addendum, No. I PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 2 Construct Junction Structure EA Two Thousand (n) One Hundred Fifty Dollars and No Cents S 2,150.00 S4, 300.00 Per Each 23. 5 Construct Manhole (S.D.) EA Two Thousand Q Twn HnndrPd Fifty DOUarS and No Cents S 2,250.00 $11,250.00 -PerEach 24. 2 Construct Headwall EA One Thousand (a� Nine Hundred Dollars and No Cents $ 1,900.00 $3,800.00 Per Each 25 375 Construct Concrete V -ditch L.F. (� Si ztaan Dollars and Fifty Cents S 16.50 $6,187.50 Per Linear Foot 26. 605 Install 12" PVC Pipe L.F. (n� Thirty -One Dollars and No Cents $ 31.00 S_18,755.00 Per Linear Foot 27. 240 Install 15" Reinforced Concrete Pipe L.F. (a3 Thirty -Two Dollars and No Cents $ 32.00 $7,680.00 Per Linear Foot La ITEM QUANTITY ITEM DESCRIPTION UNIT AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 28. 2,126 Install 18" Reinforced Concrete Pipe L.F. Thirty -Three Dollars and No Cents Per Linear Foot 29. 50 Install 21" Reinforced Concrete Pipe L.F. Hundr d Q Sixty -Five Dollars and No Cents Per Linear Foot 30. 1 Install G -1 Inlet w/ Steel Grate EA Eighteen Hundred Dollars and No Cents Per Each 31. 6 Install Brooks Inlet w/ Steel Grate EA (_ Eleven Hundred Fifty Dollars and No Cents Per Each 32. 1 Construct Concrete Transition Structure EA Hundr d (a3 Ten Thousand Ftve Dollars and No Cents Per Each 33. 150 Place Rock Slope Protection S.F. (_ Five Dollars and No Cents Per Square Foot TOTAL PRICE $ 33.00 $ 70,158.00 $ 65.00 $ 3,250.00 $ 1,800.00 $ 11800.00 $ 1,150.00 $ 6,900.00 $10,500.00 $_10_2500.00 $ 5.00 $ 750.00 ITEM QUANTITY AND UNIT 34. 310 C.Y. 35. 400 L.F. 36. 270 L.F. 37. 74 L.F. 38. 42 C.Y. 39. Lump Sum ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS Construct Structure Excavation and Backfill Thi rty -Two Dollars and No Cents Per Cubic Yard Furnish. and Install Steel Piling Thirty-Seven Dollars and No Cents PerLinear-Foot Construct 24" C -I -D -H Concrete Pile (a�Forty-Eight Dollars and No Cents Per Linear Foot Construct 36" C -I -D -H Concrete Pile ,Seventy -Eight Dollars and No Cents Per Linear Foot Construct Structural Concrete (Ret. Wall) Five Hundred Dollars and No its Per Cubic Yard Install Timber Lagging Thirteen Thousand Dollars and No Cents Per Lump Sum 0 PR 1.7 UM TOTAL PRICE PRICE $ 32.00 $ 9,920.00 $ 37.00 $ 14,800.00 $ 48.00 $ 12,960.00 $ 78.00 $ 5,772.00 $500.00 $ 21,000.00 $ 13,000.00 Addendum 0. PR 1:8 HER QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. 124 Install Metal Hand Railing L.F. Fifty Dollars and No Cents $ 50.00 $6,200.00 Per Linear Foot 41. 5 Remove. Existing and Install New Fire Hydrant EA Two Thousand @ One Hundred Dollars and No Cents 2,100.00 $10,500.00 Per Each 42. 4 Install Std. 2" Water Service EA Seven Hundred Eighty-Five Dollars and No Cents $ 785.00 $ 3L140.00 Per Each 43. 4 Install Backflow Preventer Assembly EA and Enclosure One Thousand Eight Hundred Fifty Dollars and No Cents $ 1_,850.00 $ 7,400.00 Per Each 44. Lump Sum Install Traffic Signal Improvements Forty-One Thousand @ One Hundred Fifty Dollais and No Cents $41,150.00 Per Lump Sum 45. Lump Sump Install Signage and Striping Eight Thousand -@ Live Hundred Dollars and No Cents $ 8,500.00 Per Lump Sum 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS 46. Lump Sum Install Erosion Control Planting and Irrigation Two Hundred Sixty -Five @ Thousand Dollars and No Cents Per Lump Sum 47. Lump Sum Place Temporary Erosion Control and Comply with NPDES and SWPPP. (� Twenty-Six Thnnsand Dollars and No Cents Per Lump Sum 48. Lump Sum Provide Temporary Bike Trail Detour. @ Fifteen Thousand Dollars and No Cents Per Lump Sum 49. 295 Construct 6" P.C.C. Curb L.F. @ Seven Dollars and Fifty Cents Per Linear Foot One Million Two Hundred Sixteen Thousand Seven Hundred Eighty -Seven Dollars and Sixty -Flue Cents TOTAL BID PRICE (WORDS) UNIT PRICE $ 7.50 TOTAL PRICE $26,000.00 $15,000.00 $ 2,212.50 $ 1,216,787.65 TOTAL BID PRICE (FIGURES) 11/14/95 Date (714) 863 -0202 Bidder's Telephone Number 476.125 Bidder's License No(s). and Classifcation(s) ;�, 0 0 PR 1.10 Clayton Engineering, Inc. Bidder s /Steven M. Murow, V.P.- Secretary /Treasurer Bidder's Authorized Signature and Title 3661 Spruce St., Newport Beach, CA. 92660 Bidder's Addtess E INSTRUCTIONS TO BIDDERS E Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than l0% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope - containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitteciby the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5ro1 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each - craft, classification, or type of workman or mechanic needed . to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the 8ublic Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a coi authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the .porate officer or an individual For partnerships, the signatures For sole ownership, the signature 476125 A, B Contractor's License No. & Classification Clayton Engineering, Inc. 11/14/95 S /Steven M." Date Authorize 5/91 E Page 3 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as, applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach.' Subcontract Work Subcontractor Address 1. Asphalt Ayala & Sons San Bernardino 2. Concrete Jezowski Orange 3. Stripe J &S Orange 4. S.D. Structures Western Structure Mira Loma 5. Signal CT &F RP11 Gardanc 6. Erosion Plant /Irrigation Carlson Landsrana Hnntingtnn Raarh 7. 8. 9. 10. 11. 12. Clayton Engineering, Inc. Bidder 5/91 S /Steven M. Murow, V.P. = Secretary /Treasurer Authorized signature/Title 0 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, 0 Page 4 That we, Clayton Engineering, Inc. as bidder, and _r,,,,rinonrai racnal+„ rmmnan„ , as Surety, are held and firmly _bound- iif►to the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount Bid Dollars ($ 10% ),lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Irvine Ave. and University Dr. Class -1 Bike Trail and Street (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and - deliver to -said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. 14th IN WITNESS WHEREOF, we hereunto set our hands and seals this day of November , 19M. Clayton Engineering, Inc. Bidder Kelly Williams Notary Public Commission Expires: 6/19/98 — sis1 Improve- ments C -2851 S /Steven M. Murow, V.P.- Secretary/ Authorized Signature /T tle Treasurer SURETY Continental Casualty Company By: Jeffrey R. Gryde (Attach Acknowledgment of Attorney -In -Fact) Page 5 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Steven M. Murow , being first duly sworn, deposes and says that he or she is V.P./Secretary/Treas. of Ql eeri Inc_, the party making the foregoing bid; that the bid s not made ln the interest of,. or on behalf . of, any undisclosed person, partnership,' company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone -shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or- any other -- bidder, or to fix. any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Clayton Engineering, Inc. S /Steven M. Murow, V.P.- Secretary /Treasurer Bidder Authorized Signature /Title Subscribed and sworn to before me this 14th day of November , 19 95. Kelly Williams Notary Public My Commission Expires: 6/19/98 5ro1 [SEAL] Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number SEE ATTACHED Clayton Engineering, Inc. Bidder 5/91 S /Steven M. Murow, V.P._ Secretary /Treasurer Authorized Signature /Title 0 CLAkTONENGINEERING;RNC. Selected List of General Engineering Projects SAN JUAN GROUP 30211 Avenida de las Banderas., #140 Rancho Santa Margarita, CA 92688 JOHN MARKEL Project Manager (714) 589 -9455 SOUTHWEST DETENTION BASIN LOS FLORES DEVELOPMENT, SANTA MARGARITA $1,058,000 Development of a 105 -acre mu1 -basin detention basin in an environmentally sensitive area of County of Orange jurisdiction in Santa Margarita. Work included grading and placement of a 20 -mil liner, 1200 LF of 78" RCP, construction of an energy dissipator structure, diversion structure and eight 30' catch basins on Oso Parkway. Access roads will be paved with 6" PCC raked finished and asphalt pavement Construction time is limited to 90 calendar days. SEACLIFF PARTNERS DESMOND BUNTING ART CARTWRIGHT JOINT VENTURE OF NEW URBAN Project Manager General Field Supt. WEST, INC. and PACIFIC COAST (310) 394-3379 (714) 841 -7792 HOMES (Chevron Oil) CAMBRIA COLLECTION HUNTINGTON BEACH, CA $2 ,385,000 Site development of a series of former oil producing "Islands" within Huntington Beach ranging from 9 lots to 21 lots. Grading of sites include remediation of hydrocarbon impacted soil by screening and blending of onsite soils. After grading is completed, construction of sewer and water improvements, drainage facilities, concrete improvements and paving is performed. Through August, 1994, we have developed five "islands ". SANTA ANA UNIFIED SCHOOL DISTRICT 1405 French St. Santa Ana, CA 92701 JAMES T. MUHIC Director of Construction (714) 558 -5511 DR. MARTIN LUTHER KING ELEMENTARY SCHOOL $769,200 This job consist of demolition of erasting residential streets and development of a 5 -acre site for the construction of a new school site. Included in the scope of work is grading; underground construction, storm drain, sewer and water. Masonry, and cast in place perimeter walls. Offsite concrete walks, curbs, gutters and asphalt paving. This job was completed under the guidance of the Department of the State Architect CITY OF BREA #1 Civic Center Circle Brea, CA 92621 h-11 SAM PETERSON Project Engineer (714) 990 -7763 $940,000 Street widening wed of new storm drain, sewer, curb and gutter, and sidewalk Construction of retaining walls, street lights and traffic signal modification, landscape improvements. NORTH ORANGE STREET & ROUGH GRADING $900,000 Rough grading of 7.5 acre site, 430 CY concrete retaining wall, masonry wall, street paving and concrete improvements. 04 URBAN WEST COMMUNITIES • MIKE KAILOJI 3MARB B 520 Broadway Ste 100 Project Manager 6enSu tendent Santa Monica, CA 90401 (310) 394 - 3379 (714) 536 4293 PACIFIC RANCH, HUNTINGTON BEACH $1,600,000 Continual series of contracts for rough and fine grading, storm drain and sewer improvements, asphalt paving and concrete improvements, erosion control and modificationkornective construction, and retaining wall back5ll of 20,000 CY. OCEAN POINTE I. HUNTINGTON BEACH $704,000 Complete off -site development consisting of extensive over excavation and contaminated soil handling, sewer and water improvements, and street construction. THE ESTATES, HUNTINGTON BEACH $2,100,000 Complete "tum- key" site development of 32 acres - 185 lot development at Seacliff Country Club in Huntington Beach, including 250,000 CY of grading, storm drain, sewer and water improvements, sheet construction and refurbishment for part of the golf course. "N" ISLAND IMPROVEMENTS. H.B. $1,020,000 Off -site development of 12 lots consisting of grading, paving, wet and dry utilities and construction of a multi plate golf -cart undercrossing at 26' below the proposed street improvements. The project includes construction of a sewer lift station and extensive sub- drainage facilities. CITY OF NEWPORT BEACH STEVE BADHAM LLOYD DALTON Senior Engineer Assistant City Engineer (714) 644 - 3311 (714) 6443311 3300 Newport Blvd. Newport Beach, CA 92659 CANNERY VILLAGE STREET IMPROVEMENTS $480,000 Street, storm drain and water improvements on Balboa Peninsula- OASIS SENIOR CMZEN CENTER $820,000 This project consisted of a 5,000 SF building addition to the Oasis Senior Citizen Center in Corona Del Mar for the City of Newport Beach. In addition, offsite construction consisting of grading, storm drain, sewer and water improvements, and construction of a 100 - vehicle parking lot were constructed.. Parking lot lighting and construction of a steel/concrete carport weie also constructed TUSTIN AVE. STORM DRAIN . $880,000 . Street reconstruction, 600 LF of concrete drainage box and 1,725 LF of storm drain pipe POMONA UNIFIED SCHOOL DISTRICT CHRIS BUTLER 800 S. Garey Ave. Administrator Pomona, CA 91766 (909)397-4945 SAN ANTONIO ELEMENTARY SCHOOL NO. S This new facility will consist of six portable building .clusters, comprising 18. classrooms, food;semce and.' administration accommodations. Project requirements include site clearing, underground constructi on, portable building foiindatioas sfipctiI steel walkways and shelters, concrete walks and landscaping. This project is scheduled to be completed on time,rmdeitlie guidanee of the- Department of the State Architect 2 k t v CITY OF SANTA ANA 101 West Fourth Street Santa Ana, CA 92701 CENTENNIAL REGIONAL PARK SOCCER FACILITY 5787,000 This project consist of construction of concrete seating and lighting system for League Fields 41 and #2, concrete walkways, retaining walls, irrigation and landscaping. This project was completed on schedule and within the budget. CITY OF COVINA RAYMOND COAKLEY 125 E. College St. C10 Enghieer Covina, CA 91723 (818) 85s 7zs8 METROLINK COMMUTER RAIL STATION S960,000 The project included station, platform preparation, 260-car parking lot, landscaping and traffic signal installation. CITY OF HUNTINGTON BEACH LARRY TA1TE JACK MILLER 2000 N. Main Street Asst. Engineer City Engineering Huntington Beach, CA 92648 (714) 536 -5590 (714) 536x431 PACIFIC COAST HIGHWAY WIDENING $1,600,000 Median landscaping and street widening on Pacific Coast Highway. MAIN STREET ALLEY IMPROVEMENTS 5515,000 Alley improvements, electrical and utility installation, water features. BEACH BOULEVARD WIDENING $650,000 "Super" Street widening including new construction for curb and gutter and sidewalks. Also, modification to traffic signals and median landscaping. OAKVIEW - STREET & STORM DRAIN IMPROVEMENTS '+ S920,000,:'. o, Extensive street reconstruction and storm drain improvements'wrthm the300 home north poition'of th6 50 yearold Oakview area IRVINE COMMUNITY DEV. CO. FRANK CORDERO BOB.ZIEBACK 550 Newport Center Drive Superiniendeut , ViceP;esident Newport Beach, CA '92660 (714) 453 8808 ::(714) 720. 500 x REALIGNMENT HICKS CANYONHAUL ROAD 5423,000 _ Roadway realignment and reconstruction due to major landslide Desrgn and rmplc�iZntation of drainage devices, grading, asphalt paving, storm drain, and crib wall consttuctio UNIVERSITYDRIVEEXTENSION "$470,000 Roadway idenin involving halt avm concrete improvements,, Y g. 8 �P P g... storm dram and system reinforced edncrete box culvert . •.. construction- STREET STREET IMPROVEMENTS SPECTRDM ONE 5536,000 . Street and related construction development consisting of utility construction asphalt paving and concrete rmprovemenis. ` r ° r i T r 4 CITY OF COSTA MESA DAVID J. ALKEMA TOM BANKS 77 Fair Drive Park Superintendent Project Manager Costa Mesa, CA 92627 714) 754 -5300 (714) 7545222 CANYON COMMUNrrY PARK $1,670,000 Parksite development, grading, drainage, and paving. BRISTOL STREET IMPROVEMENTS S834,160 Street improvements, storm drain, paving, electrical, and signal modification. C1TY OF LYNWOOD TED SEMAAN 11330 Bullis Rd. Project Engineer Lynwood, CA 90262 (310) 603-0220 x287 LONG BEACH BLVD. IMPROVEMENTS 51,100,000 Improvements involve street widening, addition of a landscaped median and associated grading, storm drains, curbs and gutters. As a consequence of the street widening, sixty residential and commercial buildings were being rehabilitated. CITY OF MISSION VIEJO CHUCK DEGARMO c/o Coast Landscape Construction, Inc. Vice President 23011 Moulton Parkway: Ste: E-4 (714).581 -6626 Laguna Hills, CA 92653 US SOCCER TEAM TRAININGFACrLrrY: : __ . 5687,500 This project consisted of the complete construction of a 4000 SF facility to accommodate the United States Soccer Team in preparation of the 1994 World Cup Soccer Tournament. The building is a masonry block building with a standing seam metal sheeting roof. Special features include construction of kitchen and laundry facilities; bathroom amenities and locker roam, flooring, wall covering and ceramic the This project was completed one month ahead of a very restnctive 120 calendar day allowance. This will allow NOTICE TO SUCCESSFUL BIDD 0 Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 td No. 137942904 Premium: Included Page a 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 December 11.1995 has awarded to Clayton Enaineerina Inc. hereinafter designated as the "Principal", a contract for t Drive Class -1 Bike Trail and Str i t (Contract No.2851 )in y the City of Newport Beach, n str ct conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. and the terms thereof require the furnishing ro of a bond, pv ding that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, Clayton Engineering. Inc. as Principal, and Continental Casualtv Comoanv as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Sixteen Thousand Seven Hundred Eighty Seven and 65/100 Dollars, ($1,216,787.65) said sum being equal to 100$ of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 • Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 13th day of December , 1995. Clayton Engineering, Inc.' Name of Contractor (Principal) Continental Casualty Company Name of Surety 1800 East Imperial Highway, Suite 200 Brea, CA 92621 Address of Surety A thor zed Signature/Title MMUROW EXECUTIVE VICE- PRESIDENT By: 04 Au 1 ied 6 t Signature Jeffrey R. Gryde, Attorney -in -Fact 714 - 498 -7384 Telephone may_. Bit A'PTB04 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MOST 5191 Continental Casualty Company CHA Pbr AU the Commitments You Make^ AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having Its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint of San ClemPntPr falifnrnia Its true and lawful Atlomey -In -fact with full power and authority hereby conferred to sign, seal and execute In its behalf bonds, undertakings and other obligatory Instruments of similar nature In Unlimited Amounts - as fully and to the Same extent as if such Instruments were signed by the duly IY and all the acts of said Attorney, pursuant to the authority hereby given are This Powerof Attorney is made and executed pursuant to and by authority of the following By- Lawduly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attomayin•fact. The Chairman of the Board of Directors, the President crony Executive, SeniororGroup Vice President may, from time to time, appoint by written certificates attomeysdn•tact to act in behalf of the Company In the execution of policies of Insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys- In•fact, subject to the limitations set forth In their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Direclors, may, at any time, revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article Ix of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Group Vice President and its corporate seat to be hereto affixed on this 30th day of,, Ma rrh ,19-94_. Stale of Illinois 1 as �. y CONTINENTAL CASUAL MPANY County of Cook I ,,,,, 1 M. . y nnahme Group Vice President. rwt On this 30th day of March 9 -4, before me personally came M. C. Vonnahme, to me known who, being by me duly swom, did depose and as: that he resides in the Village of Downers Grove, Stale of Illinois; that he is a Group dice President of CONTINENTAL CASUALTY COMPANY, the corporation described In and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such car rate seal; that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. e Lin a C. Dempsey N ary Public. My Commission Expires Octobe CERTIFICATE ' I, George R. Hobau4h, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power o Alto ney herein above set forth is still In force, and further certify That Section 3 of Article IX of the Bylaws of the Company and the I tlon of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 13th day of December .19 R5— 4�VS � L f3 seu George R. obaugh "Assistant se�- €ary. Form 1.231421 rN* INV. W G -Moe -D CALIFORNIA ALL- PURPOSACKNOWLEDGMENT • State of Cal; �PVAI-a County of QV214C & p On 17_ -1385 before me, Date Name ano Tltle of Officer (e.g., 'Jane Doe. Warf Put,e) personally appeared Vpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by KELLY WILLIAMS his /her /their signature(s) on the instrument the person(s), COMM. #1030241 or the entity upon behalf of which the person(s) acted, 2 ti NotarvaublicC3lifornia y executed the instrument. Q i ORANGE COUNTY My Commission Exp. 6/19/98 WITNESS my hand and official seal. 1 � ` Signature of Notary Paalc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: f 2-13-95 Number of Pages: Z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 50ff'P, Cwwoff ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited 4if Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator a `- ❑ Other: Top of thumb here Signer Is Representing: Cc.,i6 w irl resualiPy Signer's Name: 01 r ■ ■ ■ Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Aanoo oon • 8236 Remmat Ave.. P.O. Bow ]leg • Canoga Perk. CA 91309-7101 Prod. No. 5907 Reo"im. Can To1LFm9 14800676-6827 CALIFORNIA ALL - PURPOSE &KNOWLEDGMENT ` State of royl, ".6yn ,a County of On 12– 13-905 before aia Y- Nnno a,W ime a onxi,� lau. •�a,e wA, ixn�,r rrnc-1 personally appeared 5 kvre, A/ AyAW Nema(a) ol51gr1ar(a) !personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by KELLY WILLIAMS his/her /their signature(s) on the instrument the person(s), Comm. 01030241 or the entity upon behalf of which the person(s) acted, Q A Notary Public California y executed the instrument. i ORANGE COUNTY C My Commission Exp. 6119/96 WITNESS my hand annddd official seal. �1 Sig I" of Notary Pubk OPTIONAL Though the information below is not required by law, N may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: M -13 -17 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: S i4e" e ..X� ❑ Individual le Corporate Off ic Title(s): ee 1 Ye ,3. • Partner —❑ Limited EfG4eral • Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other; Top of Thumb here Signer Is Representing: GE/ Signer's Name: Individual Corporate Officer Title(s): Partner — ❑Limited ❑General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT TNUGIRPRINT DF SIGNER O 1994 Naft Now y A4wde9on • 9239 Ran I Ave., P.O. Boa 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Cd 701W N 1.90G97b8927 • OBond No. 137942904 Premium: $15,668.00 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted neC0mhAr 11 19Q5 has awarded to as hereinafter gn desiated the " rincipal", a contract for ity Drive ail (Contract NO.���) n the C ty of Newport Beach, n s r c conformity with the - Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 2851 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, Clayton Enpineerina. Inc. as Principal, and ontinent as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Sixteen Thousand Seven Hundred Eighty Seven and 65/100 Dollars, ($1,216,787.65) said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its sis1 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13th day of December , 1995• STEVEN M. MUROW Clayton Engineering, Inc. Name of Contractor (Principal) thorized S EXECUTIVE VICE - PRESIDENT gnature /T tle Continental Casualty Company B Name of Surety Au ed nt Signature 1800 East Imperial Highway, Suite 200 Je frey R. Gry e, Attorney -in -Fact. . jam, CA 92621 714- 498 -7384 — Address of Surety Telephone ° NOTARY ACKNOWLEDGMENTS OF 5/91 CONTRACTOR AND SURETY MOST Bp; -I -T1T7 qP-D • • Continental Casualty Company caa For All the Cautmltmr is You Mare^ AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•IN•FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation dulyy orgganized and existing under the laws of the State of Illinois, and having Its principal office in the City of Chicago, and State of Iltinoia, does hereby make, constitute and appoint Jeffrey R. Gryde. Individually of San tigen fAlifnrnia Ina true and lawful Attorney -In -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - ana lO Dina W N I IPILN I AL CASUAU r COMPANY thereby es lully and to the Same extent as It such Instruments were al nea Dy the outy authorited officers of CONTINENTAL CASUALTY COMPANY and ail the acts of said Attorney, pureuant to the authority ereby given are hereby ratified and confirmed. This Powerof Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted bythe Board of Directors of the Company. °Article IX— Execution of Documents Section 3. Appointment of Altomey -in -fact. The Chairman of the Board of Directors, the President crony Executive, SenlororGroup Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company In the execution of policios of Insurance, bonds, undertakings and other obligatorryy instruments of like nature. Such attorneys -in -fact, sub act to the limitations set forth In their respective certificates of authority, shall have full power to bind the Company b9 their signature and execution of any such Instruments and to attach the seal of the Corn any thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-In-fact." This Power of Attorney is signed and sealed by facsimile under and bbyy the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly celled and hold on the IV day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney ggranted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secrete and the seal o} the Company maybe affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and seated and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Group Vice President and its corporate seat to be hereto affixed on this 30th day of Ma rrIn ,1g _q4.. -. State of Illinois ii as Courtly of Cook J Of M. C. Vonnahme, to me known of Illinois; that he is a Group Vi the above instrument; that he ki it was so affixed pursuant to it of Directors of said corporation A i CONTINENTAL sUL marcil 719, 114. before me personally came me du iy swom, did do se and say: that he resides in the Village of Downers Grove, State f CONTINENTAL CASlALTY COMPANY, the corporation described in and which executed N said Corporation; that the seal affixed to the said instrument is such corporate seal; that ant is such Corporate seal; that it was so affixed pursuant to authority given by the Board Ined his name thereto pursuant to like authority, and acknowledges same to be the act and Seri o said corporation. o r°r J �UeLx: Lin a C. Dempsey N ary Public. CERTIFICATE My Commission Expires Octobe� 11 George R. Hobanph, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power o Alto ney herein above set forth is still In force, and further certify that Section 3 of Article IX of the By -Laws of the Company ano the R lion of the Board of Directors, set forth in said Powerof Attorney are still in force. In testimony whereof i have hereunto subscribed my name and affixed the seal of the said Company this 13th dayof December ,19� Georobaug� S %a -p Form 1.23142.6 fw1 INV. ND- a- 59200 -D CALIFORNIA ALL- PURPOACKNOWLEDGMENT • State of Ca 1; ;_*-VAjeZ County of Oranc.E ,/ 1- On I Z -1-8rj before me, J 14)17). p Data • Name and Tit d officer (e.g., -Jane Doe,'No -lerf, PW,t ) personally appeared Vpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by KELLY WILLIAMS his/her /their signature(s) on the instrument the person(s), COMM. 01090241 or the entity upon behalf of which the person(s) acted, s Notary Public California y executed the instrument. a ORANGE COUNTY y My Commission Exp. 6/1g/ga K WITNESS my hand and official seal. Ole tae Signature of Notary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: )Z 13-95 Number of Pages: Z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 10-p-pYe�e P. 6X0 • Individual • Corporate Officer Tftle(s): ❑ Partner — ❑ Limited Q Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Co-,>f:Ir 11`21 Cosual Signer's Name: ■ IN Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General • Guardian or Conservator • Other: Signer Is Representing: RIGHT TNUN PRINT OF SIGNER 0 1994 National Notary Association - 8236 Retained Ave., P.O. Box 7154 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Cell Tap -Free 1.800-87 68827 CALIFORNIA ALL- PURPOSACKNOWLEDGMENT • State of (aj1- aPOY001i a County of On 13-cll before me, � b✓/i Y W, -C Data day P') personally appeared :{aveti 141 AvOw Names) of Signer(s) V personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the KELLY WILLIAMS same in his/her /their authorized capacity(ies), and that by COMM. 01030241 his/her /their signature(s) on the instrument the person(s), Ntary Public California > or the entity upon behalf of which the person(s) acted, (&o ORANGE COUNTY y executed the instrument. My Commission Exp. 6/19198 WITNESS my hand and official seal. nature of Notary Pudle OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOA CI Document Date:' Number of Pages: Z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ::F4ygrt 016 r � ❑ Individual V Corporate Offic Title(s): V • Partner — p Limited EIG4eral • Affomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: r- E / Signer's Name: r r r ■ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator `- Other; Top of Mtxnb here Signer Is Representing: O 1991 NaSonal Notary Association • 8238 Remntat Ave.. P.O. Boa 7184 - Canoga Perk, CA 91309 7184 Prad. No. 5907 Raordor. GI To1F" 14MM764W a • PEge 10 c.nn IW9 PRODUCER COMPANIES AFFORDING COVERAGE Willis Corroon Insurance Services of COMPANY A Orange County 1551 N. Tustin Avenue #1000 LETTER Travelers Indemnity Company Santa Ana, CA 92705 COMPANY g Ro al Indemnity p LETTER y y Com aR y INSURED Clayton Engineering, Inc. 3661 Spruce Street Newport Beach, CA 92660 COMPANY C LETTER COV J. ER rrx rya r.� 9 OVE �POl7CY ,'M- „x, THIS IS TO- CEftr(1EY t)IAT POLICIES SU LISTED BQU.V -FIAVE BEEN ISSUED TO THE NS RED ! AMEU A FOR PER ODt INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED RY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXOLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE 00 LTF TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMBS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 5,000 (OOCURANCE BASIS ONLY) A COMMERCIAL PRODUCTS /COMPLETED S COMPREHENSIVE OPERATIONS AGGREGATE 2,000 CMWES& CONTRACTORS ❑ ® CONTRACTUAL FOR SPECIFIC YPSEE66010BX3 OA PERSONAL INJURY $ 1,000 CONTRACT PRODUCTS /COMPL OPER /1/95 4/1/96 ® XCU HAZARDS EACH OCCURANCE S 1000 ® BROAD FORM PROP. DAMAGE 0 SEVERABIUTY OF INTEREST FIRE FIRE) $ SO CLAUSE ® CIAUSE PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED (ANY ONE PERSON) 5 MARINE AUTOMOBILE LIABILITY COMBINED S 1,000 'u r COMPREHENSIVE ?)4 '. ` A XlOWNE0 YPSJ810108X39 A BODILY INURY (PER PERSON) 7 HIRED 4/1/95 4/1/96 BODILY INJURY (PER ACCIDENT) S 1... ®NON-OWNED PROPERTY f xfs- s. DAMAGE -� EXCESS LIABILITY ' 5''gs;r:.ri +7 AGGREGATE B UMBRELLA FORM +r ' OCCURRENCE RHN201165 4/1/95 4/1/96 ,.1? S 4 000 S 4,000 OTHER THAN UMBRELLA FORM , 4 -tv�, +” s� STATUTORY ., WORKERS• COMPENSATION 5 EACH ACCIDENT AND S DISEASE-POLICY LIMIT EMPLOYERS• LIABILITY S DISEASE -EACH EMPLOYEE LONGSHOREMEN'S ANDHARBOR,++.;M's WORKERS' COMPENSATION STATUTORY DESCRIPTION OF OPERATIONSV LOCAT)ONWEHICLES /RESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT` BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: Irvine Avenue and University Drive Class -1 Bike Trail and Street Improvements . PROJECT TITLE AND CONTRACT NUMBER � t .- Y»Y � t F"' "J CERTIFICATER` HOLDER "#S� , 'CANCELLATION Ike It .; .. .� f.i.. ✓.s., .,. ur... nx.., : -J. - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MIN. ADVANCE 3300 NEWPORT BLVD- NOTICE TO THE CRY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, Ca 92659 -1768 ATTENTI -�3 Attn: John Wolter I q HORIZED WRESENTATIVE ISSUE DATE c.nn IW9 • 0 Addendum No. 1 It is agreed that: Page 11 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, the County of Orange, IWA Engineers, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the additional insureds shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: 0 General Liability Commercial () Comprehensive $ 1,000,000 each occurrence $ 5,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Irvine Avenue and University Drive Class -1 7. Designated Contract: _ Project Title and ontract No. This endorsement is effective December 13,1995 at 12:01 a.m. and forms a part of Policy No. YPSEE660108X30CM Travelers Indemnity Company (Company Affording Coverage). Insured: Clayton Engineering Inc. Endorsement No.: 0011 ISSUING COMPANY Travelers Indemnity Company Authorized presentative 5ro1 0 Addendum No. 1 Page 12 �_I � Y r•1 u c• ] : 7 I � � � r e� e 7 I � r i • -� I � 6Y 9 : �_I . c • l � � . t • z • ] c��� ,4 L � . r N It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, the County of Orange, IWA Engineers, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional 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 insureds, or (2) leased or rented by additional insureds, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the additional insureds shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 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: () Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. • Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Irvine Avenue and University Drive Class-1 5. Designated Contract: Bike Trail and Street Improvements C -2851 This endorsement is effective December 13, 1995 at 12:01 a.m. and forms a part of Policy No. YPSJ810108X39O€ • Travelers Indemnity Company (Company Affording Coverage). Insured: Clayton Engineering Inc. Endorsement No.: 0001 ISSUING COMPANY Travelers Indemnity Company By: �` \7 �b� Authorized Representative 5/91 0 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C E FUND.. CERTIFICATE OF WORKERS' CQMPENSATION, INSURANCE DECEMBER 13,.'1995 ' PoucrnuMSFI3:'046 =95 UNIT 0005292 " ;CERTIFIC ATE EXPIRES:'1 -1 -96 CITY OF NEWPORT ;BEACH DEPT. OF PUBLIC 'WORKS POST OFFICE BOX .1768 NEWPORT BEACH,.. .CA 92663 JOB: .- ALL"bPERA'TIONS IN This is to certify that we have issued a valid Workers' Compensation, insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 30 This policy is not subject to cancellation by the Fund except upon tKrXdays' advance written notice to the employer. 30 We will also give you TfV days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of, insurance may be issued or may pertain., the insurance afforded by the policies described herein is subject to all the.t6ar s, exclusions and conditions of such policies. .. PRESIDENT' EMPLOYER'S LIABILITY LIMIT INGLUDING'.DEFENS:E;COSTS:" $1,00Q,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOL "OERS NOiICEsEFFECTIVE 04/01/95 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CLAYTON ENGINEERING, INC. 3661 SPRUCE STREET NEWPORT BEACH CA 92660 0 0 Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." ib_(vjtK Date C -2851 Contract Number Irvine 5/91 Clayton Engineering, Inc. Name of Contractor (Principal) JO- 0. AutlYorized Signature and Title 1 and Street Improvements • Page 14 CONTRACT 19YbIS AGREEMENT, entered into this day of , y and between the CITY OF NEWPORT BEACH, her nafter " ity," and , hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Irvine Avenue and University Drive Class -1 Bike Trail and Street Improvements C -2851 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Irvine Avenue and University Drive Class -1 Bike Trail and Street Improvements C -2851 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Million Two Hundred Sixteen Thousand Seven (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 0 0 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: Class -1 Bike (a) (b) (c) (d) (e) (f) Trail (g) (h) Notice Inviting Bids Instructions to Bidders and therein Payment Bond Faithful Performance Bond Certificate of Insurance and Plans and Special Provisions and Street Imprnv�ments Title of Project This Contract documents referenced Endorsement(s) for Irvine Avenue and University Dr. C -2851 Contract No. Standard Specifications of Public Works Construction (current Edition) and all supplements Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APP OVED A TO FORM: W Y ATTORNEY ATTEST: , 5/91 CITY OF NEWPORT BEACH A Municipal Corporation By: Ma or Pro Tem Name of Contractor Authorized Signature and Title I go (If ��Iw CLAYTON �I ENG /NEEl4 /NG, INC. November 14, 1995 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Attn.: John Walter Project Manager RE: FORMAL PROTEST OF BID PROPOSAL SUBMITTED BY THE GORHAM COMPANY Dear Mr. Walter: Pursuant to Page, SP -1 of the specification for the Irvine Avenue and University Drive Class -1 Bike Trail and Street improvements, Contract No. 2851, bid this morning, the "Greenbook" states (Page 31)... The contractor shall perform, with its own organization, contract work amounting to at least 50% of the contract price... Since there are no designated "Specialty Items ", the apparent low bidder must perform $557,583.50 of the work. Based on the listing of subs, as follows, The Gorham Company is subcontracting approximately 90 %. This procedure represents a violation of the specification and The Gorham Company should be deemed non - responsive and apparently non - responsible. The listed subcontractors and values per bids we received from the same companies: J. L. Surveying ....................... ............................... $6,000.00 J. K. Excavation & Grading ............ ............................... $370,000.00 Western Paving ..................... ............................... $165,000.00 CNA Concrete ....................... ............................... $75,000.00 Alcorn .............................. ............................... $9,218.00 Riverside Pipeline ................... ............................... $150,000.00 CT& F ............................ ............................... $37,000.00 J & S ............................... ............................... $6,500.00 EWI /llydrosprout ................... ............................... $180.000,0 $998,718.00 (= ±90 %) GENERAL ENGINEERING AND BUILDING CONTRACTOR " LIC. #'476125 3661 Spruce Street • Newport Beech. CA 92660 Phone #1714)863 -0202• Fax, 717141853 -0203 City of Newport Beach November 14, 1995 Page Two For your information, our subcontracted work amounts to 40.6 %. If you need additional information, please contact me at (714) 863 -0202. Sincerely, CLAYTON ENGINEERING, INC. Steven M. Murow Executive Vice President SMM/kel cc: Wanda Raggi6, City Clerk Don Webb, Director of Public Works . .i... t... . ., •:+owr�+wrmw�n�nwenirv.w no Authorized to Publish Advertisements of all kin,oluding public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24871 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of.eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of-Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: October 21, 25, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 26 at Costa Mesa, California. Signature , 199 s • PUBLIC NOTICE NOTICE INVITING BIDS Sealed bids may be re- ceived at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 8915 until 10:00 AM on the 13th day of November, 1995, at which time such act Number 2851 near's Estimate Approved by the City Council this 9th day of Oc. tober 1995. Wanda Ragglo, City Clark Prospective bidders may obtain one set of bid docu- ments at no cost at the of- fice of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92648 8915. For further information, call John Wolter at (714) 644 -3326. Published Newport Beach -Costa Mesa Daily Pilot October 21, 25, 1995. Sa692 t