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HomeMy WebLinkAboutC-2900 - San Diego Creek Bicycle Trail and Bridge at Bonita CreekCITY OF NEWPORT BEACH January 31, 1994 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 John L. Meek Construction Co., Inc. 1032 West "C" St. Wilmington, CA 90744 Subject: Surety: Great American Insurance Company Bond No.: 7 61 36 74 Contract No.: C -2900 Project: San Diego Creek Regional Bicycle Trails /Bicycle Bridge at Bonita Creek The City Council of Newport Beach on December 13, 1993, accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on December 29, 1993, Reference No. 93- 0909424. Sincerely, GUllil� C� Wanda E. Rag gio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: / City Clerk,/-17? ofwpNeww�port Beach Newport Beach, CA Boulevard r �T 29 —IxEC -1993 133:49 Recorded in Official Recnr.dc RFC �: -; - fn.:.; tt of Oranse ou .,,, c�¢ Lee A. P,:. ,_t•_ .t •�,- M,,eY JAN Igg4 page l of : eae v:. -- H o aT ETnr: "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION I f NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport F Boulevard, Newport Beach, California, 92663, as Owner, and U John L. Meek Construction Co. Inc., 1032 West "C" St., Wilmington, CA 90744 as Contractor, entered into a Contract on August 12, 1993 Said Contract set forth certain improvements, as follows: San Diego Creek Regional Bicycle Trails /Bicycle Bridge at Bonita Creek (C -2900) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on November 10, 1993 and was found to be acceptable on December 13, 1993 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company, 750 The City Drive South, Orange, CA 92668 BY i or cs irec or City of Newport .Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the be of my knowledge. Executed on 2 / J 9.5 at Newport Beach, California. BY `Z - i y Clerk • • December 13, 1993 DEC 1 3 1993 CITY COUNCIL AGENDA ITEM NO. 18 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ACCEPTANCE OF CONTRACT FOR SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE OVER BONITA CREEK (C -2900) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk Completion. 3. Authorize the City Clerk t o days after the Notice of recorded in accordance with the Civil Code. to file a Notice of release the bonds 35 Completion has been applicable portions of The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $156,999.20 Amount of unit price items constructed 158,509.03 Amount of change orders None Total contract cost $158,509.03 The increase in the amount of the unit price items constructed was due to additional aggregate base used to repair the trail adjacent to the bridge. Funds for the project were budgeted in the General Fund, Account Nos. 7013 - 98301001, 7015 - 98412201, - 98412007 and - 98412202. The contractor is John L. Meek Construction Co., Inc of Wilmington. The contract required completion within 30 working days of the closing of the existing bridge. The work was completed within that time with the trail re- opened on November 10, 1993. a% , i lam'. ?"/" Benjamin B. Nolan Public Works Director PD: so CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 T0: FINANCE DIRECTOR 7-3 FROM: CITY CLERK DATE: August 13, 1993 SUBJECT: Contract No. C -2900 Description of Contract San Diego Creek Regional Bicycle Trails/ Bicycle Bridge at Bonita Creek Effective date of Contract August 12, 1993 Authorized by Minute Action, approved on June 28, 1993 Contract with John L. Meek Construction Co., Inc. Address 1032 West "C" Street Wilmington, CA 90744 Amount of Contract $156,999.20 "s Wanda E. Raggio City Clerk . WER:pm Attachment 3300 Newport Boulevard, Newport Beach • 019 C. June 28, 1993 • �i.,i CITY COUNCIL AGENDA -. ITEM NO. 13 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE OVER BONITA CREEK, C -2900 RECOMMENDATION: Award contract No. 2900 to John L. Meek Construction Co. Inc. for $156,999.20 and authorize the Mayor and City Clerk to execute a contract. DISCUSSION: On June 16, 1993 at 10:00 p.m. the City Clerk opened and • read the following bids for the project: Contractor Submitted Bid Amount Corrected Bid* John L. Meek Construction $ 168,522.00 $ 156,999.20 Hondo Company $ 164,038.00 $ 164,038.00 Gillespie Construction $ 164,199.00 $ 164,142.50 BFI Constructors $ 172,691.00 $ 172,691.00 Wakeham -Baker Inc. $ 179,179.00 $ 179,179.00 MJS Construction $ 193,800.00 $ 193,800.00 * Corrected amount based upon the sum of the total item prices as computed by the multiplication of the written unit prices by the quantities as shown on the bid proposal. The San Diego Creek Regional Trail is a Class I bicycle trail which extends from Upper Newport Bay Regional Park in Newport Beach to Jeffrey Road within the City of Irvine. This off -road facility serves as a commuter route for students and faculty at the University of California, Irvine as well as an important recreational facility for the region. The trail is included in the • City of Newport Beach, City of Irvine, and County Master Plan of Bikeways. The proposed project will construct a replacement bridge over the Bonita Creek on the San Diego Creek Regional Trail and repave adjacent portions of the trail. The existing wood bridge structure was built in 1977 and is approaching its maximum design life. The existing bridge has a wood deck which is deteriorating and makes for a poor riding surface. The proposed bridge has been specifically designed to minimize the effects on the adjacent Subject: San Diego Creek Regional Trail Bicycle Bridge over Bonita Creek, C -2900 June 28, 1993 Page 2 habitat and utilizes recycled railroad flatcars. The proposed "flatcar" type construction will allow the bridge to span the stream bed (approximately 901) and permanently eliminate the need for piles within the stream bed. Funding for the project is available within the current 1992/93 budget and through the SB -821 Bicycle /Pedestrian Facilities Program which is administered by OCTA. In the 1991/92 SB -821 regional program, OCTA approved funds in the amount of $50,000 for the project. Additionally, the City has funds on reserve with OCTA from the SB -821 local program in the amount of $58,000; however, a construction project must be awarded before the end of this fiscal year for the City to take advantage of the total amount of SB -821 funding available. The balance of the funding is available under Account No. 7013 - 98301001, the Street, Alley, & Bikeway Resurfacing and Reconstruction Program. On May 24, 1993 City Council approved the plans and specifications and authorized the project to be competitively bid. The proposed project was approved by the California Department of Fish & Game on April 22, 1993 and the California Coastal Commission on May 13, 1993. The plans and specifications were prepared by Morris Engineering. The competitive bidding indicates that the bids represent current market costs. The lowest bid exceeded the Engineer's Estimate of $120,000 by 30 %. This is attributed to the uniqueness of the project which made it difficult to provide accurate cost estimates. It is recommended that the construction contract be awarded to the lowest responsible bidder, John L. Meek Construction Co. Inc. John L. Meek Construction has successfully completed other projects for the City such as the Newport and Balboa Pier Repair projects. Upon award of the project, fabrication of the bridge will proceed with its installation scheduled for September 1993. It is expected that the installation of the bridge will be completed within one month. During construction trail users will be detoured to adjacent streets. ` J- U Benjamin B. Nolan Public Works Director SB:so • • C J • CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CH 92659 -1768 until 10:00 A.M. on the 16th day of June , 1993, at which time such bids shall be opened and read for SAN DIEGO CREEK REGIONAL BICYCLE TRAILS /BICYCLE BRIDGE AT BONITA CREEK Title of Project 2900 Contract No. 100,000 Engineer's Estimate %N2, �z Rpproved by the City Council this 24 day of May , ind. Wanda E. Ce(/ City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768. For further information, call Steve Badum at 644 -3311. Project Manager :a • 0 PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SAN DIEGO CREEK REGIONAL BICYCLE TRAIL BICYCLE BRIDGE AT BONITA CREEK CONTRACT NO. C -2900 CITY COUNCIL City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 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 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1 Bridge Removal Lump Sum @ Five Thousand Six Dollars Hun re and No Cents Per Lump Sum 2. 1 Lump Sum Construct timber wing wall using salvaged bridge materials @ Five Thousand Three Dollars Hundred & Thirty -five and No Cents Per Lump Sum 3. 150 Class II Aggregate Base Ton S 5,600.00 $_5_,a3 5,00 @ Thirty -One Dollars and Fifty Cents $ 31.50 $ 4,725.00 Per Ton PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 75 Asphalt Concrete ( Type B ) Ton @ Seventy -Eight Dollars and Fifty Cents $ 78.50 $ 5,887.50 Per Ton 5. 600 Furnish Concrete Pre -cast, Pre - stressed LF Piling, ( 14" square x 50' long ) @ Thirteen Dollars and Forty -Five Cents $ 13.45 $ 8.070.00 Per Linear Foot 6. 8o Furnish Concrete Pre -cast, Pre - stressed LF Piling ( 14" square x 20' long ) @ Fifteen Dollars and Fifteen Cents $ 15.15 $ 1.212.00 Per Linear Foot 7. 12 Drive Concrete Pre -cast, Pre- stressed EA Piling ( 14" square x 50' long ) @ Nine Dollars and Seventy Cents $ 9 -70 $ 116.40 Per Each 8. 4 Drive Concrete Pre -cast, Pre - stressed EA Piling ( 14" square x 20' long ) @ Three Hundred R Dollars Eighty and No Cents $ 'ign_nn $ i,r,9n.n0 Per Each 9. 21 Structural Concrete, Pile Caps, CY and Abutments. Incl. Reinforcement steel, excavation, backfill, and compaction. @ One Thousand Two Dollars Hundred & Forty and No Cents $240 - Q $ 26,040.00 Per Cubic Yard • • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT IINIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 32 Pier Bearing Pads EA @ Twenty -Four Dollars and Fifteen Cents $ 24.15 $ 772.80 Per Each 11. 4 Abutment Slide Bearings EA @ One Hundred & ThirtyDollars Eight and N„ Cents $ i'iR-on $ FS2.00 Per Each 12. 1 Supply and Prepare Railcars LS ( Bridge ) and associated items @ Sixty -Five Thousand Dollars Eight Hundred and No Cents $65,800.00 $ 65,800.00 Per Lump Sum 13. 1 Install Prepared Railcar Bridge LS and associated items @Thirteen Thousand Dollars Eight Hundred &Seventyand No Cents $13,870.00 $ 13,870.00 Per Lump Sum 14. 500 Rock Slope Protection SF ( Light, Method B ) @ Fight Dollars and No Cents $ 8,00 $ 4.000.00 Per Square Foot 15. 565 Paint Bike Lane Striping LF ( 2 Coat ) @ One Dollars and E ifty Cents $ 1.00 $ 847.50 Per Linear Foot 0 9 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1960 Paving Fabric SF @ No Dollars and Sixty Cents $ .60 $ 1,176.00 Per Square Foot 11. 1 Mobilization Lump Sum @ Eleven Thousand Four Dollars Hundred an eventy- ive and No Cents $ 11,475.00 Per Lump Sum One Hundred and Fifty -Six Thousand Nine Hundred Dollars and Ninety -Nine and Twenty Cents $ 156.999.20 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) John L. Meek Construction Co.. Inc. Bidder Authorized Signature /Title John S. Meek, President 1b3947 Ex_ 5/31/94 State Contractor's License No. & Expiration Date ** �. ., 1032 West "C" Street. Wilmington. CA (310) 830 -6323 Bidder's Address Bidder's Telephone ** I declare under penalty of perjury that the representations made herein are true and correct. June 14, 1993 Authorized Signature Title Date John S. Meek, President ** Business and Professions Code Section 7028.15 provides that any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Ll INSTRUCTIONS TO BIDDERS P 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 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 • Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a co; authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 163997 Class A Contractor's License No. & Classification John L. Meek Construction_ Co., INc. Bidder June 14, 1993 Date S. Meek 5/91 President 0 r L_ Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. Rebar R.R. Leonard Santa Fe Springs 2. Asphalt Imperial Santa Fe Springs 3. 4. 5. 6. 7. s. 9. 10. 11. 12. John L. Meek Construction Co., Inc. Bidder 5/91 Authorized Signature /Title John S. Meek, President • Bond Ober 7 27 95 99 Premium included in BBSU Page a 1) 6 L, - ...& ,n KNOW ALL MEN BY THESE PRESENTS, Thatweo John L. Meek Construction Co., Inc. as bidder, and , as surety, are hel and f rmly boon unto t e C ty of Newport Beach, California in the sum of ten percent of the amount bid * * * * ** * ** Dollars lawful money of the United States for the payment of which sun well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the Construction of Bonita Creek Bicycle Bridge, San Diego Creek Regional Bicycle Trail* (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 4th day of June I 1g93 John L. Meek Construction Co., Inc. Bidder (Attach Acknowledgment Of Attorney -In -Fact) SURETY Great American Insurance Company Notary Public Commission Expires: Victoria M. Campbell Attorney -in -Fact 5/91 Certificate of Acknowledgement STATE OF CALIFORNIA Countyof mange On 6 -4 -93 before me Lourdes Torres, Notary Public , , personally appeared Victoria ampbell personally known to me (v to be the person(A whose name) isM subscribed to the within instrument and acknowledged to me that ke/she/ ftKexecuted the same in ks/her /ttr authorized capacity(ms), and that by Igs/her /tgg(r signature( on the instrument the persono), or the entity upon behalf of which nt. OFFORLOW WITNESS my hand and official seal,. , .. / LOURDES TORRES / .� PROW&CIRMEN Signature �r — (Seal) bye asN-12 -6•e1 s GZEM AIVERICAN INSURANCE COMPANY he number of persons authorized by this power of attorney is not more than FOUR POWER OF ATTORNEY No.O 13232 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof -, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power THOMAS G. McCALL ALL OF ALL K.R. VIODES IRVINE, UNLIMITED VICTORIA M. CAMPBELL CALIFORNIA MELISSA A. RUSSELL This Power of Attorney revokes all previous powers issued in behalf of the attorrey(s }in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7th day of August, • 19 90 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 7th day of August, 1990 before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided to Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 4th day of June 19 93 10 th Page 5 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of LW AN=.FS ) John S. Meek , being first duly sworn, deposes and says that he or she is president of John L. Meek Construction, Co the party making the foregoing bid; that the bid is not made n 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. ' John L. Meek Construction Co., IN Bidder Subscribed and sworn to before me this 1s7 day of JIM , 19 93 . Notary Public My Commission Expi es: 5191 [SEAL] I, INC. ° DAVID Z. HONG T ( Comm. # 974903 .� NOTARY PUBLIC • CALIFORNIA Comfy ]] d Los Angeles Ay cemm. r�P:e :OoL 1. I� I, INC. 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 1992 City of Newport Beach - Newport 1993 City of Nawnnrt Aaarh - Bulkhead John L. Meek Construction Co., Inc. Bidder 5/91 June 7, 1993 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 San Diego Creek Regional Bicycle Trail Bicycle Bridge at Bonita Creek CONTRACT NO. 2900 Bidders shall propose to complete Contract No. 2900 in accordance with the Proposal as modified by this Addendum: sP s of 11, section 12 -3. PILING, add the following Paragraph: The piles shall be driven to the tip elevations as shown on the plans. The piles shall be driven to a minimum bearing value of 13 tons. Please sign and date this ADDENDUM, and attach it to your bid Proposal. No bid will be considered unless this ADDENDUM is attached. John L. Meek Construction Co., INc. BIDDER SI 9NAT URE John S. Meek, President June 14, 1993 c.'. ca'.. .. .v. '. '�. urn_.... �. A'.. �Y -n.!.e..r ..' .e�J•Sn ..r.4�.n.4 9 0 Page 7 NOTICE TO SUCCESSFUL BIDDER 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 EXECUTED IN QUADRUPLICIR PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Bond #7 61 36 74 Premium included in performance Page 8 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted .)Ijna 2R, 7gg3 has awarded to John L. Meek Construction Co.,Inc. hereinafter designated as the "Principal", a contract for San Diego Creek Regional Bicycle Bridge at Bonita Creek (Contract No.C-2900 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. C -2900 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, John L. Meek Construction Co., Inc. as Principal, and Great American Insurance ��nt th as Surety,,) rm1vIR 'itf JS)WN , 1qe City of Newport Beach, in the sum of Dollars ($ 156,999.20 ) , said sum being equa o 0 ND09VA e 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 0 0 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 July 19 93. John L. Meek Construction, Co., Inc. Name of Contractor (Principal) J GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 The City Drive South, Orange, CA 92668 Address of Surety NOTARY 5/91 of Au rized ignature /Title )on . Meek, President Victoria M. 714- 476 -4300 AND SURETY MUST BE ;Attorney --In -Fact ATTAOHBH- -' • 0 ^. . Certificate of Acknowledgement STATE OF CALIFORNIA County of ORANGE On July 13, 1993 beforeme, KAthleen Viodes, Notary Public personally appeared Victoria M. Campbell personally known to me ( to be the person(S) whose munA is,# subscribed to the within instrument and acknowledged to me that Pre/she/0W executed the same in4&her authorized capacity(ists), and that by kWher /k)ze r signature(29 on the instrument the person(15.), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal wvw �i,�j - °G'�=r = " N�Gi�r vu C: IC - CALIFORNIA: Signature �% "� (S¢al) " '% FRi \C;PAL OFFICE IN ` ORANGE COUNTY }i 360772 -Eel L...MY COMMISSION EXPIRES MAY 4, 1994 J .............................. ............................... EXECUTED IN QUADRUPLIC0 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of of California, by motion adopted to John L. Meek Construction, Co:, Ins designated as the "Principal ", a c • Bond #7 61 36 74 Premium: $2,261.00 Page 9 the City of Newport Beach, State June 28, 1993 has awarded hereinafter the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C -2900 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, as Principal, an}d� Great Ame as Surety,dMeiII lD arml the sum Of HUNDRED NINETY -NI said sum being equal t contract, to be paid tc successors, and assigns; bind ourselves, our successors, or assigns, presents. John L. Meek AND -N Dollars - ($156,999,20 ) , o 100$ of the estimated amount of the the City or its certain attorney, its for which payment well and truly made, we heirs, executors and administrators, jointly and severally, firmly by these 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 5/91 " a Page 9A obligations on this bond, a ,=`fit does hereby waive notice of any such change, extension of ti - alterations or additions of the contract or to the work or to t ' "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 July , 19 93• J_ � / John L. Meek Construction, Co., Inc. Name of Contractor (Principal) AuthorSzed Signature /Title Joh _S. eek, President GREAT AMERICAN INSURANCE COMPANY Name of Surety Authorized Agent igna, a"re Victoria M. Campbell,= Att_bruey=In -Fagt„ 750 The City Drive South, Orange, CA 92668 714- 476 -4300 Address of Surety Telephone NOTARY 5/91 OF CONTRACTOR AND SURETY MUST BE AMC$BD...= Certificate of Acknowledgement STATE OF CALIFORNIA County of ORANGE On July 13, 1993 beforeme, Kafhl'een Viodes, Notary Public personally appeared Victoria M. Campbell personally known to me (mgMvMVRPh6U to be the personQS) whose nameffl Ma subscribed to the within instrument and acknowledged to me that We/sheltlW executed the same in*FVher/ authorized capacity(AM), and that by ids/her/their signature(4 on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ban nd official seal. _ m_ ....... ................. ........ .....: OFFICIAL SEAL ' KATHLEEN VIODES Signature Y1 y { iJ L C- C✓ (Seal) Y NOTARY PUBLIC -CALIFORNIA% I PRINCIPAL OFFICE IN i ORANCE COUNTY 360772-") �,.MY, COM1";MISSION EXPIRES MAY 4, 1994 • ! • ! • GWM AIVERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than FOUR POWER OF ATTORNEY No.0 13232 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power THOMAS G. McCALL ALL OF ALL K.R. VIODES IRVINE, UNLIMITED VICTORIA M. CAMPBELL CALIFORNIA MELISSA A. RUSSELL This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate tifficers and its corporate seal hereunto affixed this 7th day of August, ,19 90 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 7th day of August, 1990 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Residents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 13th day of July , 19 93 S1029M 103/901 Page 10 • x.�{�: nSM uS «,..YS p, i... x h, .s ...x -. n^. •;• ia, ` .h.a ,' `tfx PRODUCER COMPANIES AFFORDING COVERAGE JARDINE INSURANCE BROKERS LA, INC. COMPANY q LETTER dOYDS 11835 W. OLYMPIC BLVD. 5TH FLOOR OF LONDON /ILU /ETAL , LOS ANGELES, CA 90064 COMPANY B LETTER INSURED JOHN L. MEEK CONSTRUCTION CO. COMPANY C 1032 WEST C STREET WILMINGTON, CA 90704 LETTER s....... 'T.�n�:r' kPO[KY s�oF ffSURANC�w s B:: u�' _+� .-j THIS,5OT0 CE.ERRAG�TF(AT TAD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE -FOR THE POLICY- PERi00 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE- 00 LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMBS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE S (OCCURANCE BASIS ONLY) N/A COMMERCIAL PRODUCTS/COMPLETED 52,000, COMPREHENSIVE OPERATIONS AGGREGATE BR 3019 12/17/9 12/17/9 OWNERS 6 CONTRACTORS Fipy x �L`J'W�' PROTECTIVE PRO C PERSONAL INJURY $1,000. CONTRACTUAL FOR SPECIFIC CONTRACT EACH OCCURANCE $1 PRODUCTS /COMPL OPER, XCU HAZARDS ,QQ(j'i E] BROAD FORM PROP. DAMAGE E] SEVERABBfTY OF INTEREST ( DAMAGE $ 50, CLAUSE EE ❑ PERSONAL INJURY wRH EMPLOYEE EXCLUSION MEDICAL EXPENSES 5 5, REMOVED (ANY ONE PERSON) MARNE AUTOMOBILE LIABILITY COMBINED LIMIT Ej COMPREHENSIVE SINGLE 130DILY INJURY OWNED (PER PERSON) BODILYINJURY HIRED (PER ACCIDENT) rT;, ❑HONOWNED PROPERTY S x I$ DAMAGE EXCESS LIABILITY ,n r=L r EACH AGGREGATE J UMBRELLA FORM - -'' r. x, OCCURRENCE OTHER THAN UMBRELLA FORM _ s s STATUTORY WORKERS' COMPENSATION $ EACH ACCIDENT AND S DISEASE - POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE - EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR T ` WORKERS' COMPENSATION STATUTORY DESCRIPTION OF OPERATIONS/ LOCATION $VEHICLES /RESTRICTIONS/SPECUU. ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: C -2900 San Diego Creek Regional Bicycle Trail, Bicycle Bridge at Bonita Creek PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER _ CANCELLATION' 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. BOY. 1768 COMPANY AFFORDING COVERAGE SHALL, PROVIDE 70 DAYS MIN ADVANCE 3300 NEWPORT BLVD. NOTICE O THE CRY OF NEWPORT BEACH By REGISTERED MAIL INEWPORT BEACH CA. 92659 -1768 ATTE I oN: 7/30/93 HC \' 13Y_(7140 752-0608 Gy J• 9 -;33 :12:511' \t LL9-13 835 Anderson & AnJ,rs,,n:N 2 Page lOq $.. 4'i iw. :.� 'ti FUI'•xM •M' �:. YC,•lE ' i.# M1M'( R-60y ": N WMAN �:. F 4CERTIFICA r lryv -i'—H. �h , PRODUCER COMPANIES AFFORDING COVERAGE Anderson & Anderson Insurance Brokers, Inc. COMPANY A 2495 Campus Drive LETTER Northbrook Property & Casualty Irvine, CA 92715 COMPANY g LETTER INIUAED John L. Meek Construction Co., Inc. COMPANY C 1032 West "CAI Street Wilmington, CA 90744 LETTER COVER___ -LISTED � T4S IS TO CE00 TWAT POl1CTES OF ?I$UIYW BEL.ONriL\VE�SSU EO TO NE LNS .0` lUMED ABOYE FOR THE RIOD INDICATED. NOTWITHSTANDING ANY REOWREMENT, TERM OR CONDITION OF ANY CONTRACT CA OTHER DOCUMENT WITH RESPECT TO YAECH THIS CERTIr"TE MAY BE ISSUED OR MAY PERTAIN. THE WSURANC£ AFF3ROM POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, NEY, �THE EXCLUSIONS. AND CONDITIONS OF SUCH POIJOIES AND IS NOT AMENDED, .....,_LADED OR ALTERED BY THIS CERTIFICATE DO TYPE OF INSURANCE PoLICY NUMBER EFT'EUTNE DATE EXPIRATION DATE ALL UMITS W TNOVSANOS (OlX'URANCf BASIS ONLY) GENERAL AGGREGATE E COMMERCIAL PRODUCTWCOMPLETED t OPERATIONS AGGREGATE �- -TCOMPRENENSNE LJ ACTORS P��C CONTR PERSONAL INJURY S CONTRACTUAL FOR SPECIFIC I CONTRACT PRODUCT$ /COMPL OPER XCU HAZARDS EACH OCCURANCE S BROAD FORM PROP. DAMAGE SEYERASIIJTY OF INTEREST ` FIRE OAHAGE S CLAUSE I MY ONE FIRE) 0 PEiOONAL BaIURA WITH I EMPLOYEE EXCLUSION MEDMAL E(PENSES i REMOVED (Alf ONE PERSON) Fl MARINE AUTOMOBILE LIABIUTY ; COMBINED s 1 X COMPREHEHSNE MR ,000, I ODDLY BMURY oLmJm CA0496921 11 -23 -9 11 -23A' PERSON) BMLYINAJRY i HIRED (PER ACCIDENT) NON'OWNEO I . PROPERTY D►1/AGE t EXCESS LIABILf" — Y•A•i% F1•CR AGGREGATE UMBRELLA FORK I _: y •(�''�. I,y- OCCURRENCE OTHER THAN UMBRELLA FORM �I �:y'yo;i i P STATUTORY.,.x'• WORKERS' COMPENSATION E E.AZM ACCIOEXT AND x GSEASE•POUCY UMR ErAPLOYERS• L711BILITY : DISEASE -EACH EMPLOYEE LONGS4OfIEMEN'8 AND NAREOR WORKERS' COMPENSATION STATUTORY OESpMYON OF OPERATKINSA. OCATIONSNBBOLESR+ESTRICTION6rcP C EMS: OPEIN.TIOHS PERFORMED FOR THE CrtY OF NEWPORT allCN BY OR CW EEHAIf OF ME NAMED INSURED IN CONK TH OW1N0 CONTRACT: C -290 San Diego Creek Regional BT rail, Bicycle Bridge at Bonita Greek PROdEGT TTR.E AND CONTRACT NUMBER R•i� �� ;'b. :: CERTIFICATE—, 'HOLDER c1L 4 "3Ii. >�. tl :e...xlR gNCELLATION; ' Steve Badum C/0 SHOULD ANY OF THE AE01E DESCRIBED POLICIES OE N914RENe1YED, CITY OF NEWPORT BEACH GWCELLEO OR COVERAGE REDUCED BEFORE THE EJIPIRATION DATE THE P.0 BOX 1768 , COMPANY AFWRDMC COVERAGE SHIU PROVIDE 10 DAYS MIN. ADVANCE 3.300 NEWPORT BLVD. I T" TTO THE CITY �c R W-'Qf GGAcu BY REGIST(RED MAIL Page 11 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 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. 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. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as 11XCU" hazards) are deleted. 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: ( ) Commercial (X) Comprehensive General Liability $ 1,000,000. each occurrence 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). 5191 Page nA 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. San Diego Creek Regional Bicycle Trail 7. Designated Contract: Bicycle Bridge at Bonita Creek, CA C -2900 This endorsement is effective 7/27/93 at 12:01 a.m. and forms a part of Policy No. BR 3019 of L OYDS OF LONDON /ILU (Company Affording Coverage). Insured: JOHN L. MEEK CONSTRUCTION CO ISSUING COMPANY By:�``" A thorized Representative 5/91 Endorsement No.: 4NP RCS By. (_ 1q) 7152- 0608 Ll J `..� JJ -Ua :12: 3Pib1 Ii:dS AnJer >on R .4ndursnn:g F, Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (z) leased or rented by an additional insured, 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 City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeKing coverage or against whom a claim is made or suit 1s brought, except with respect to the limits of liability of the company affording coverage." 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 S f per person Bodily Injury Liability $ , per accident Property Damage Liability $ (X) 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. NCB' BY: (714 ( 753 -0608 Li J JJ � 9 -93 :12 :53M ♦ L " —�13 835, .3-. Anderson & Andcrsun:h 6 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. San Diego Creek Regional Bicycle Trail 5. Designated Contract: Bicycle Bridae at Bonita Creek C -7900 Project Title and Contract No. This endorsement is effective July 9, 1993 at 12:01 a.m. and forms a part of Policy No. C.A04969 1 of Northbrook Property & Casualty (Company Affording Coverage). Insured: John L. Meek Construction Co., Inc. Endorsement No.: ISSUING COMPANY By: Authorized Representative Charles R. Fosdick ..e. 0 0 Page 13 "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." June 28, 1993 John L. Meek Construction Co., Inc. Date Name of Contractor (Principal) C -2900 Ld Contract Number Ati n !zed Signsta { and Title San Diego Creek .R1egi al Bicycle Trail Bicycle Bridge at Bonita Creek, C -2900 Title of Project 5/91 STATEc P.O. BOX 42080.71 SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKE OMPENSATION INS NCE JULY 28� 1993 POLICY NU R: =- 401901 -93.. j CERTIFICATE EXPIR S:.:.s�8�94 r CITY OF NEWPORT .BEACH 0103 BUILDING & SAFETY DE ATTN: STEVE:BADUM 3300 NEWPORT BLVD NEWPORT BEACH CA 92 0 J T EMPLOYEES L 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 P od indicated. I This policy is not subject to cancellation by the Fund except upon ten)UVs' advance written notice to the employer. 30 iWe will also give you TE"ys' 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 i respect to which this certificate of insurance may be issued or4�may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X adl— PRESIDENT ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE U7/28/93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. < - EMPLOYER i'- .L:;. F- JOHN' tr .p1&,;',i ;IONSTRUCTION CO. INC. 1032 WEST C STREET WILMINGTON CA 90744 L _.o. -,c ,noao �p FV. 1n.961 sUILDIN G DEPARTME/Vr AUG - a 1993 cry OF N WPOpT CAC/FORN .4 gE4Cl f 0 Page 14 CONTRACT THIS AGREEMENT, entered into this /day of , 19f', by and between the CITY OF NEWPORT BEACH, herein ter "City," and tr. hereinafter " mw c "Contr th reference to the following facts: A. City has heretofore advertised for bids for the following described public work: San Diego Creek Regional Bicycle Trail Bicycle Bridge at Bonita Creek, C -2900 C -2900 Title of Project Contract No. B. Contractor has 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: San Diego Creek Regional Bicycle Trail Bicycle Bridge at Bonita Creek, C =2900 C -2900 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 Hundred FLfty Six Thousand Hine Hundred NinetwNine ($ 156,909.90 This compensation includes: and 20/100 (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. s/91 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: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for San Diego Creek Regional Bicycle Trail. Bicycle Bridge at Bonita C -2900 Title of Project Creek Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. 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. APPROVED AS TO FORK: ATTEST: CITY OF NEWPORT BEACH John L. Meek Construction Co., Inc. Name of Contractor Meek, President �yN SPECIAL PROVISIONS FOR PARKING LOT AND BICYCLE IMPROVEMENTS OCEAN FRONT PARKING LOT INFORMAL CONTRACT INDEX 1. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 2. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1 3. HOURS OF WORK . . . . . . . . . . . . . . . . . . . . 2 4. COMPLETION, SCHEDULE AND PROSECUTION OF WORK . . . . 2 5. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 2 6. RELATIONS WITH CALIFORNIA FISH AND GAME. . . . . . . 3 7. SITE PROTECTION . . . . . . . . . . . . . . . . . . . 3 8. TEMPORARY BICYCLE DETOUR . . . . . . . . . . . . . . 3 9. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 3 10. MATERIALS . . . . . . . . . . . . . . . . . . . . . . 3 11. EXISTING BICYCLE TRAIL . . . . . . . . . . . . . . . 4 12. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . .4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN SPECIAL PROVISIONS BONITA CREEK BICYCLE BRIDGE SAN DIEGO CREEK REGIONAL BICYCLE TRAIL CONTRACT NO, C -2900 1. SCOPE OF WORK SP 1 of 11 The work to be done consists, in general, of constructing a 115 foot long, three span double railcar girder bridge and approaches, rock slope protection, Class 2 Aggregate Base and asphalt concrete paving, removal of existing bridge over Bonita Canyon Creek, and such other items or details, not mentioned above, that are required by the plans, Standard Specifications, and these special provisions to be performed, placed, constructed, or installed. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. M- 5305 -S), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1991 Edition), and (4) the State Standard Specifications and Standard Plans, (1992 Edition), of the California Department of Transportation, (CALTRANS). In case of conflict between the Standard Specifications and these special provisions, the precedence over and be used portions. special provisions shall take in lieu of such conflicting Where reference is made to the State of California or its officers or agents it shall be deemed to refer to the City of Newport Beach or its designated officer, or agent. The words "Standard Specifications" whenever used in this Contract shall mean the California Department of Transportation Standard Specifications dated January 1992. Where reference is made to the "Engineer," it shall be deemed to refer to the City of Newport Beach Director of Public Works, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. Where reference is made to "Department," it shall be deemed tc refer to the City of Newport Beach Department of Public Works. CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 4. s HOURS OF WORK 7:00 AM - 6:30 PM weekdays & Saturdays to SP 2 of 11 No work will be permitted on Sundays and holidays without specific approval in advance by the Engineer. Holiday shall be defined as January 1st, the third Monday in February (President's Day) , the last Monday in May (Memorial Day) , July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. COMPLETION. SCHEDULE AND PROSECUTION OF WORK Attention is directed to the provisions in Section 8 -1.03, "Beginning of Work," in Section 8 -1.06, "Time of Completion," and in Section 8 -1.07, "Liquidated Damages," of the Standard Specifications and these Special Provisions. Bridge fabrication work may begin immediately upon notice to proceed. The Contractor shall not begin work at the job site until after August 29, 1993, and shall diligently prosecute the same to completion before the expiration of 30 WORKING DAYS starting on August 30, 1993. The Contractor shall pay to the City of Newport Beach, the sum of $200 per day, for each and every calendar day's delay finishing the work in excess of the number of working days prescribed above. Prior to the issuance of thi pre- construction conference will discussing with the Contractor tl Drawings, Specifications, existing ordered, equipment to be used, pertaining to the prosecution completion of the project as r representative at this conferenc superintendents for the work subcontractors. 5. PAYMENT Notice to Proceed, a >e held for the purpose of e scope of work, Contract conditions, materials to be ►nd all essential matters >f, and the satisfactory squired. The Contractor's shall include all major and may include major The unit or lump sum price bid for each item of work shown in the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work such as not separately provided for in the proposal shall be included in the unit price bid for each item of work, including but not limited to traffic control, grading, and compaction. 6. 0 go 10 • SP 3 of 11 Relations with California Department of Fish and Game A portion of this project is located within the jurisdiction of the California Department of Fish and Game. An agreement regarding a stream or lake alteration has been entered into by the City and the Department of Fish and Game. The Contractor shall fully inform himself of the requirements of this agreement as well as all rules, regulations, and conditions that may govern his operations in said area and shall conduct his operations accordingly. Copies of the agreement are included in Appendix "A" of these special provisions. SITE PROTECTION Attention is directed to Sections 7 -1.01, "Laws to be Observed," 7- 1.01G, "Water Pollution," and 7 -1.12, "Responsibility for Damage," of the Standard Specifications. The Contractor shall take all reasonable means to prevent the disturbance of the stream channel. Prior to construction, the contractor shall provide the City with an adequate hazardous material spill contingency plan and demonstrate a satisfactory method of preventing asphalt, fuel, or oil from being discharged into the stream channel during construction. Any areas that are disturbed during construction shall be replanted with the appropriate native vegetation by the contractor at his expense. TEMPORARY BICYCLE DETOUR The Contractor shall provide and maintain "Road Closed" and detour signing at the intersections with the Jamboree Road trail and the University Drive connector trail. The job site shall be properly secured at all times. The immediate job site shall be barricaded to prevent entry by pedestrians and bicyclists during non - working hours. CONSTRUCTION SURVEY STAKING Field staking control of construction will be provided by the contractor. Line and elevation monumentation will be provided by the City. MATERIALS 10.1 CONCRETE Section 90 -2.02, "Aggregates," and Section 90- 10.02B, "Aggregate," of the Standard Specifications are amended by adding the following paragraph: Mineral admixture will be required in the manufacture of concrete containing aggregate that is determined to be "deleterious" or "potentially deleterious" when tested in accordance with ASTM Designation: C289. The use of mineral admixture in such concrete shall conform to the requirements in Section 90 -4.08, "Required Use of Mineral Admixture," except the use of Class C Mineral admixture will not be permitted. 11 SP 4 of 11 Portland Cement shall be either "Type IP (MS) Modified" or "Type II Modified" per Section 90 -2.01 of the Standard Specifications. Combined Aggregate grading shall be 1" max. grading per Section 90 -3.04 of the Standard Specifications. The concrete shall contain not less than 560 pounds of cement per cubic yard as shall have a 28 day, minimum compressive strength of 3250 psi. At the Contractor's option, he may submit a mixture different from that shown above to the Engineer. The Engineer will inform the contractor if the submitted information is acceptable for concrete in various portions of the project. Mixture materials shall conform to the Standard Specifications in all other aspects. The seventh paragraph of Section 90 - 7.01B, "Curing Compound Method," of the Standard Specifications is amended to read: Curing compounds (1), (2), and (3) listed above shall be applied at a nominal rate of one gallon per 200 square feet Curing compound (4) shall be applied at a nominal rate of one gallon per 250 square feet. Curing compounds (5) and (6) shall be applied at a nominal rate of one gallon per 150 square feet. Curing compounds (7) and (8) when specified shall be applied at the rate specified. 10.2 ASPHALT CONCRETE Asphalt concrete shall be Type B, 3/8" Maximum, and shall conform to the provisions in Section 39, "Asphalt Concrete" of the Standard Specifications and these Special Provisions. The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete for paving shall be 6.0 percent by weight of the dry aggregate. EXISTING BICYCLE TRAIL Existing approximately 10 - 12 foot wide paved bicycle trail facilities may be used as directed by the engineer for access to the project. Care shall be taken to minimize disturbance to the existing bicycle path facilities, as well as surrounding properties. The Contractor shall repair all damage to the existing trail and adjacent trails which are the result of the construction operations including damage caused by the movement of materials or equipment. 12. CONSTRUCTION DETAILS 12 -1 BRIDGE REMOVAL Removing all portions of the existing bicycle bridge shall conform to the requirements in Section 15- 4, "Bridge Removal," of the Standard Specifications and these special provisions. • • SP 5 of 11 The existing bridge is a 5 span wooden beam bridge supported on wooden abutments. The bridge has four timber bents with concrete footings. Care shall be taken to minimize disruption to the natural stream bed. The timber bents shall be removed at one foot below natural grade. The existing bridge shall become the property of the Contractor. The Contractor shall disassemble the bridge and stockpile all components, except the wooden abutments and concrete footings, at the job site. Eight of the approximately 12" diameter posts and the 2 x 6 pressure treated douglas fir decking as required shall be re -used as abutment wing wall extensions as shown on the plans. The remainder of the bridge, as well as other materials removed from the site as provided for in the Standard Specifications and these Special Provisions, shall become the property of the Contractor and shall be disposed of outside the right of way in accordance with Section 7 -1.13 of the Standard Specifications. 12 -2 EARTHWORK Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the right -of -way in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. Structure excavation, backfill, and compaction in connection with the bridge work shall be considered as included in the unit price paid for structural concrete. 12 -3 PILING Piling shall conform to the provisions in Section 49, "Piling," of the Standard Specifications, and these special provisions. Attention is directed to the provisions in Section 7- 1.09, "Public Safety," of the Standard Specifications. The reinforcement shown in pile details shall be considered minimum. The contractor shall be responsible to review the soil boring logs and site and intended pile transportation and driving equipment and add additional reinforcing if necessary for his operations. The preliminary geotechnical report for the project is available for review at the office of the engineer. The 14" square pre -cast, pre- stressed concrete piles shall generally conform to Standard Plans and Standard Specifications for class 45C pre- stressed pre -cast concrete piles except as specifically noted or detailed on the plans. Piles shall be cured as provided for in Section 90 -7.05, "Curing Concrete Piles." Lifting anchors shall be removed as provided for in section 49 -3.01, "Description" of the Standard Specifications for concrete piles with a class designation ending in "C" (corrosion resistant). • • SP 6 of 11 All work for furnish and drive piling will be considered as included in the prices paid for furnish and drive pile and no additional compensation will be allowed therefor. 12 -4 CONCRETE STRUCTURES Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. The fourteenth paragraph in Section 51 -1.05, "Forms" of the Standard Specifications is amended to read: Anchor devices may be cast into the concrete for later use in supporting forms or for lifting precast members. The use of powder driven types of anchorages for fastening forms or form supports to concrete will not be permitted. The paragraph for "Manufactured Assemblies," in section 51- 1.06A(2), "Design Stresses, Loading, and Deflections," of the Standard Specifications is amended to read: The maximum loading and deflections used on jacks, brackets, columns, joists and other manufactured devices shall not exceed the manufacturer's recommendations. 12 -5 BRIDGE BEARINGS Bridge Bearings will be supplied and installed by the contractor. The stainless steel upper portions of the slide bearings at the four abutment bearing locations shall be installed by the railcar supplier at the railcar preparation location to facilitate construction and construction review of the prepared railcars. The neoprene portions of the slide bearings should remain with the contractor to be installed upon delivery of the prepared railcars at the site by the railcar supplier. The elastomeric bearing pads at bents should be installed on the railcars before placing the railcars on the prepared substructure. Sliding bearings at abutments generally consisting of a neoprene bearing pad with sliding surface and carbon steel upper element. Bearings shall be Fluorogold FC- 1025 -SS- 1/41,6" X 6" with stainless steel back -up plate welded all around to installed sole plate per plans. 6" x 6" x 1" fabric- reinforced elastomeric bearing pads at bents shall be as provided for in the Standard Specifications, section 51 -1.12H " Elastomeric Bearing Pads" for fabric reinforced bearing pads. Construction methods and procedures shall prevent grout or concrete seepage into the sliding bearing assembly. The concrete surfaces on which the neoprene pads are placed shall be floated to a level plane and finished with a wood trowel. • SP 7 of 11 Neoprene pads at bents shall be bonded to installed railcar sole plate with Loctite Prism 454 fast - curing, single - component cyanoacrylate instant adhesive engineered adhesive. ( Loctite PRISM 454). The pads shall be installed with adhesive as provided for in the Loctite technical Data Sheet, Product 454. As described in the data sheet, Optimum results are obtained with the minimum quantity of adhesive material needed to fill the joint. Apply firm pressure to mated surfaces until adhesive seats. No adhesive is required between neoprene pads and concrete bent cap surface. No adhesive is required at slide bearing neoprene pad interface with concrete. 12 -6 REINFORCEMENT Reinforcement shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these special provisions. 12 -7 SUPPLY AND PREPARE RAILCAR - DESCRIPTION This item of work shall include the supplying and preparation of a bridge deck consisting of F -89 -F Type "C" railcars to the dimensions as shown on the plans. This work shall include the following items and incidental work: 1. Supply F -89 -F Type "C" railcars cut, fabricated, and delivered to the site. 2. Fabricate and install railcar handrails. 3. Fabricate wing wall handrails and sleeves. 4. Supply and install Railcar sole and back plates. 5. Supply and install railcar tension flange cover plates. 6. Sandblast and coat railcar bridge deck assembly as specified. 7. Supply Bridge center shear plates, center cover plates, end cover plates, and bent anchor assemblies including anchor plates. 8. Supply barrier post assemblies. - GENERAL As used in this section and Section 12 -8, "railcar girder preparer" or "preparer" is to mean the entity responsible for the "SUPPLY AND PREPARE RAILCARS" portion of the item sheet of these specifications. The "railcar girder installer" or "installer" is to mean the entity responsible for the "INSTALL PREPARED RAILCARS AND ITEMS" portion of the item sheet of these specifications. The "Design Engineer Observer" or "Observer" is a Registered Professional Engineer employed by the City to observe the preparation and installation of the railcar girders. It is agreed that the supply of used railcar girders for use as bridge elements shall be in general conformance with • • SP 8 of 11 applicable Standard Specifications to the extent that they apply, and that the preparer shall prepare only railcars that are of the best quality generally associated with recycled railcars. The railcar girders shall not have been involved in a significant accident to the knowledge of the preparer and shall not show significant signs of poor condition of the primary or secondary members as observed by the Design Engineer Observer during observation or as reported, in the Observation Report. The girders shall not have been in service as railcars for more than 30 years. The girders shall be observed during preparation at intervals appropriate to preparation operations by the City's observer for general conformance with work involved in recycled railcar girder bridges. Minor revisions to the plans depending on the actual railcars used will be reviewed by the Design Engineer Observer for general conformance with the project scope, plans and specifications. Railcars for use in the project shall be prepared for use by Skip Gibbs Railcars, P.O. Box 686, Redwood Valley, CA (707) 485 -5822, who is in the regular business of providing railcar girders, and who has been in the business of supplying and preparing railcars as bridges similar to the present project including preparation, transportation and coordination. Railcar girders shall be removed directly from railways and shall not be used for any purpose other than this project after removal from service as railcars. The railcar girders shall be delivered directly from the place of preparation to the job site for placement on the prepared designed substructure. - MATERIALS Railcar girders for use in the project shall be F -89 -F type "C" previously used railcars with ASTM A441 grade 50 steel in the tension region of the railcars (including tension flange and box webs). The railcars shall be prepared in accordance with the itemized list in these special provisions, and coordination and cooperation between the contractor, preparer and installer, if separate entities, shall be an integral and definite part of this contract. - TESTING Railcar girders similar in structural capacity and general configuration to those provided shall have been load tested by the railcar supplier for conformance with the project structural calculations with regard to stiffness and deflection under live loading conditions similar to or more severe than those anticipated under general use for the project bridge. Load testing results shall conform to structural calculations. Load testing shall be performed with Girders that are similar to those prepared with fabrication details (specifically cover plate end details) similar to the proposed design shall have been tested in repetitive loadings • SP 9 of 11 of at least 4,000 cycles with loads at least two (2) times the anticipated maximum realistic loading at a span within 30 per cent of the project span or shorter. The railcar girders, including supply and preparation of the railcar girder superstructure and associated items shall be considered a product prepared for this project by the preparer and all off -site work by the product preparer will not be subject to prevailing wage requirements other than those applied to project suppliers. - WELDING AND FIT -UP Preparation of the railcar girders shall be in general conformance with the Standard Specifications, Section 55, "Steel Structures ". Welding at the preparation site shall be performed by FCAW or equivalent continuous processes, and shall not be performed by SMAW "stick" welding process except for minor portions or non - structural portions of the preparation. - PROTECTIVE COATING Railcars shall be sandblasted to SSPC SP -6 "COMMERCIAL BLAST" before application of protective coating. NO SOLVENTS ARE TO BE USED DURING SURFACE PREPARATION. Touch -up may be performed with abrasive grinder or an SSPC SP -7 brush blast. Surfaces may be cleaned with clear water. The relatively inaccessible top surfaces of the bottom flanges of longitudinal stringers between railcar cross- bearers shall remain with existing protective coating and shall not be damaged during blasting of other portions of the girders. Handrails shall receive "commercial blast" or similar surface preparation before being coated. The top surface of the railcars shall remain with existing sand grit coating remaining upon removal of railcars from service and not be damaged by blasting procedures. Upon approved completion of blasting, the entire cleaned surface of the railcar girders shall be coated with a 4 -7 mil thickness coating of "WASSER MC -TAR" urethane /micaceous iron oxide topcoat. The coating shall be prepared by adding pigment to produce a coating that is bronze in color. Wasser Company may be contacted at (206) 850 -2967. Railcar girders shall not be moved within 12 hours of coating. All prepared items except railcar center cover plates, end plates, shear plates, non -steel items, and defined areas on railcars that will be welded in "Supply and prepare railcars" item shall be prepared and coated with the Single -coat system as described above and more fully described in the manufacturer's product data sheet. Expansion joint angles shall be hot dipped galvanized. • • SP 10 of 11 12 -8 INSTALL RAILCAR AND PREPARED ITEMS - DESCRIPTION Prepared railcar girders and items shall be installed as shown on the plans and provided for in the Standard Specifications and these Special Provisions. Installation shall include the following items and shall also include minor additions and /or revisions as directed by the engineer for a full and complete project: 1. Off load and place prefabricated bridge deck units on prepared bents and abutments. 2. Install shear plates, end cover plates, and center cover plates. 3. Install prefabricated handrails on abutment wing walls. 4. Install barrier posts on bridge. On -site welding may be done by GMAW, FCAW, SMAW, or other process as provided for in the Standard Specifications and more fully described in the AASHTO /AWS Bridge Welding Code. Coating shall be removed by an abrasive grinder at on -site weld locations. All on -site welds shall be ground with an abrasive grinder to white metal at all weld locations and field- coated with at least a 4 -mil thickness of the protective coating after cleaning with clear water and allowing surface to dry. Prepared wing -wall handrails and abutment wing wall sleeves shall be installed with wing -wall handrails on the project site and shall be installed with sleeves to fit specific handrails. Bearing pads shall be supplied and installed by the contractor. The slide bearing plates shall be installed through coordination with the railcar preparer before shipment to the project site. Bridge center shear plates shall be supplied by the railcar preparer and installed by the installer. Shear plates shall be installed as shown in bent fabrication section. Bridge cover plates shall be supplied by the railcar preparer and installed by the installer. Railcar back plates shall be supplied and welded to the railcars by the preparer. Slide plates shall be furnished by the railcar preparer and welded to back plates by the installer after the concrete back walls are placed and forms removed between railcar girders and concrete back wall. Bent anchor assemblies supplied by the railcar preparer shall be installed in their proper positions as shown on the plans and as required by the actual railcars prepared by the railcar installer. 12 -9 • • PAVING & PAVING FABRIC SP 11 of 11 Asphalt Concrete Paving shall conform to the provisions in Section 39, "Asphalt Concrete ", of the Standard Specifications and these special provisions. Paving fabric shall be "Petromat ", as manufactured by Phillips 66, or equal. 12 -10 SLOPE PROTECTION Slope protection shall conform to the provisions in Section 72, "Slope Protection," of the Standard Specifications and these special provisions. The contract price paid per square foot for Rock Slope Protection (Light, Method B) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing Rock Slope Protection complete in place, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 12 -11 PAINT TRAFFIC STRIPES Painting traffic stripes (traffic lines) shall conform to the provisions in Section 84 -1, "General," and 84 -3, "Painted Traffic Stripes and Pavement Markings," of the Standard Specifications and these Special Provisions. • APPENDIX "A" 0 CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No.5- 126 -93 Page 1 of 4 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and John Douglas of City of Newport Beach, State of California, hereinafter called the Operator, is as follows: WHEREAS,pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 10th day of March , 1993, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): Bonita Creek , tributary to San Diego Creek, Orange County, California, Assessor's Parcel No. 442- 061 -6. WHEREAS, the Department represented by Krishan Lal had telephonic discussions with you on the 29 day of March , 1993, and determined that such operations may substantially adversely affect existing fish and wildlife resources including: all aquatic resources and wildlife in the area, THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures /conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. 0 0 Page 2 of 4 STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 126 -93 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed at one location approximately 1,000 feet east of Jamboree Road for the replacement of the existing bridge over Bonita Creek at the San Diego Creek Regional Bicyle Trail crossing, in the City of Newport Beach. The new bridge will span the entire creekbed (approximately 90 feet). Concrete piles in the channel banks will require placement of rock rip rap for protection of bridge abutments covering no more than 500 square feet of the creekbed and /or slopes or 0.01 acre of permanent and temporary fill. 3. The agreed work includes activities associated with No. 2 above. The project area is located between McArthur Boulevard and Jamboree Road at Bonita Creek southerly of San Diego Creek, Orange County. Specific work areas and mitigation measures are described on /in the plans and documents submitted by the Operator and shall. be implemented as proposed unless directed differently by this agreement. 4. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The disturbed portions of any stream channel or lake margin within the high water mark of the stream or lake shall be restored to their original condition under the direction of the Department. S. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 6. Installation of bridges, culverts, or other structures shall be designed to carry 100 -year flood flows and be such that water flow is not impaired. Bottoms of temporary and permanent culverts shall be placed at or below stream channel grade. 7. All mitigation measures for protection as set forth in the Final Negative Declara 1992 shall be fully implemented Npq k the period between March 1 to ^ 9 nl unforeseen impacts to the endangered least have been documented in close proximity of of biological resources =ion dated December 15, shall be allowed during 1993 to avoid any Bell's vireo, which this area. 8. Equipment shall not be operated in wetted areas (including but not limited to ponded, flowing, or wetland areas) without the prior written approval of the Department. Page 3 of 4 STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 126 -93 9. All old bridge piles and other materials shall be removed from the streambed, except for the old concrete footings at or below existing grade. 10. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 11. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 12. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 13. No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. 14. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 15. Areas of disturbed soils with slopes toward a stream shall be stabilized to reduce erosion potential. Where suitable vegetation cannot reasonably be expected to become established, non - erodible materials may be used for such stabilization. 16. Vehicles shall not be driven or equipment operated in water covered portions of a stream or lake, or where wetland vegetation, riparian vegetation, or aquatic organisms may be destroyed, except as otherwise provided for in the Agreement and as necessary to complete authorized work. 17. Fill length, width, and height dimensions shall not exceed those of the original installation or the original naturally occurring topography, contour, and elevation. Fill shall be limited to the minimal amount necessary to accomplish the agreed activities. Except as otherwise specified in this Agreement, fill construction materials other than on -site alluvium, shall consist of clean silt -free gravel or river rock. • • Page 4 of 4 STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 126 -93 18. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 19. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long Beach, CA 90802, Attn: ES. 20. The Department reserves the right to enter the project site at any time to ensure compliance with terms /conditions of this Agreement. 21. The Department reserves the right to suspend and /or revoke this Agreement if the Department determines that the circumstances warrant. The circumstances that could require a reevaluation include, but are not limited to, the following: a. Failure to comply with the terms /conditions of this Agreement. b. The information provided by the Operator in support of the Agreement /Notification is determined by the Department to be incomplete, or inaccurate. C. when new information becomes available to the Department representative(s) that was not known when preparing the original terms /conditions of this Agreement. d. The project as described in the Notification /Agreement has changed, or conditions affecting fish and wildlife resources change. CONCURRENCE (Operator's name) California Dept. of Fish and Game k44, 14 InLt_� f - >-�- —9 ( nature) (date) (signature) (date) Environmental Coordinator Environmental Specialist III (title) (title) City of Newport Beach 0 0 May 24, 1993 CITY COUNCIL AGENDA • ITEM NO. 23 TO: Mayor and Members of the City Council FROM: Public Works Department MAY 2 41993 SUBJECT: SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE APPROVED OVER BONITA CREEK, C -2900 RECOMMENDATIONS: 1. Approve the plans and specifications for the subject project. 2. Authorize the City Clerk to advertise for bids to be opened on 3una•.y6.,....1993,- at 10:00 A.M. DISCUSSION: The San Diego Creek Regional Trail is a Class I bicycle • trail which extends from Upper Newport Bay Regional Park in Newport Beach to Jeffrey Road within the City of Irvine. This off -road facility serves as a commuter route for students and faculty at the University of California, Irvine as well as an important recreational facility for the region. The trail is included in the City of Newport Beach, City of Irvine, and County Master Plan of Bikeways. The proposed project will construct a replacement bridge over the Bonita Creek on the San Diego Creek Regional Trail. The existing wood structure was built in 1977 and is approaching its maximum design life. The existing bridge has a wood deck which is deteriorating and makes for a poor riding surface. The proposed bridge has been specifically designed to minimize the effects on the adjacent habitat and utilizes recycled railroad flatcars. The proposed "flatcar" type construction will allow the bridge to span the stream bed (approximately 901) and permanently eliminate the need for piles within the stream bed. Funding for the project is available through the SB -821 program which is administered by OCTA. In the 1991/92 SB -821 • regional program, OCTA approved funds in the amount of $50,000 for the project. Additionally, the City has funds on reserve with OCTA from the SB -821 local program in the amount of $78,742; however, a construction project must be awarded before the end of this fiscal year for the City to take advantage of the total amount of local funding available. The estimated cost for the project is approximately $120,000. If acceptable bids are received, a contract can be awarded on June 28, 1993. • Subject: San Diego Creek Regional Trail Bicycle Bridge over Bonita Creek, C -2900 May 24, 1993 • Page 2 On February 22, 1993 City Council affirmed the environmental documentation and approved the plans and specifications in concept with the understanding that final plans and specifications will be resubmitted to Council for approval. This action enabled the City to expedite the permit review process and ensure the award of the construction project by the end of this fiscal year. The proposed project was approved by the California Department of Fish & Game on April 22, 1993 and the California Coastal Commission on May 13, 1993. The plans and specifications were prepared by Morris Engineering. It is expected that the construction project can be completed within 2 to 3 months. During construction, trail users will be detoured to adjacent streets. Ben'amin B. JNolan Public Works Director SB:so Attachment is • • A BRIDGE LOCATION 4: VICINITY MAP NOT TO SCALE pitxll� S�N �� I EGO CHEEK : I KE T� °, I L :� I DGE ��OJECT r t Authorized to Publish Advertisements of all WoAduding public notices by Decree of the Superior court of Orange County, California, Number A-6214, September 29, 1961, and A -24831 June 11, 1963 STATE OF CALIFORNIA 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: May 27, 1993 June 1, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 1 11993 at C Mesa, paliforniak Signature is PROOF OF PUBLICATION l � ` sieved. 6y the city Wit this 214th, day all tirxs.. �Anda. E,'' RepWo, npgcdva bidders may P die *d of bid dodo- s at no cost at We of- of. the Public Works May 27, Jens 1, tM .. .. Th1u990 • BY THE CITY FEB 2 21990 22 February e, 1993 CITY COUNCIL AGENDA ITEM NO. 3 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE OVER BONITA CREEK, C -2900 RECOMMENDATIONS: 1. Approve in concept, the plans and specifications 2. Adopt resolution affirming environmental documentation. The San Diego Creek Regional Trail is a Class I bicycle trail which extends from Upper Newport Bay Regional Park in Newport Beach to Jeffrey Road within the City of Irvine. This off road facility serves as a commuter route for students and faculty at the University of California, Irvine as well as an important recreational facility for the region. The trail is included in the City of Newport Beach, City of Irvine, and County Master Plan of Bikeways. The proposed project will construct a replacement bridge over the Bonita Creek on the San Diego Creek Regional Trail. The existing wood structure was built in 1977 and is approaching its maximum design life. The existing bridge has a wood deck which is deteriorating and makes for a poor riding surface. The proposed bridge has been specifically designed to minimize the effects on the adjacent habitat and utilizes recycled railroad flatcars. The proposed "flatcar" type construction will allow the bridge to span the stream bed (approximately 901) and permanently eliminate the need for piles within the stream bed. Funding for the project is available through the SB -821 program which is administered by OCTA. In the 1991/92 SB- 821"'regional program, OCTA approved funds in the amount of $50,000 for the project. Additionally, the City has funds on reserve with OCTA from the SB -821 local program in the amount of $78,742; however, a construction project must be awarded before the end of this fiscal year for the City to take advantage of the total amount of local funding available. The estimated cost for the project is approximately $120,000. (3�) 0 0 Subject: San Diego Creek Regional Trail Bicycle Bridge over Bonita Creek, C -2900 February 22, 1993 Page 2 The proposed project will require approvals from California Fish & Game and the California Coastal Commission. Although the plans and specifications for the project have been completed, the recent availability of a more suitable railroad flatcar type may enable staff to reduce the project cost. The changes would not affect the overall goal of the project, which is to provide an economic replacement for the existing bridge that conforms to acceptable design standards. In order to expedite the permit review process and ensure the award of the construction project by the end of this fiscal year, it is recommended that City Council affirm the environmental documentation and approve the plans and specifications in concept with the understanding that final plans and specifications will be resubmitted to Council for approval. It is expected that the construction project can be completed within two to three months. During construction, trail users will be detoured to adjacent streets. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Background: In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K -3, an Initial Study was prepared for the proposed project. The California Environmental Quality Act requires that all projects be reviewed prior to approval to determine whether they may result in a significant effect on the environment. CEQA requires that environmental evaluation be conducted so that potential impacts can be reduced or eliminated through design modifications or other mitigation measures. The document containing the required environmental analysis is called the Initial Study. Significant effect on the environment means a "substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance" (CEQA Guidelines Sec. 15382). If the Initial Study determines that there is no substantial evidence that a project may have a significant effect on the environment, or that potentially significant impacts can be eliminated or substantially mitigated through design changes or conditions of approval, a Negative Declaration shall be prepared (Public Resources Code Sec. 21080[c]). If it is determined that a project may have a significant effect on the environment, an Environmental Impact Report is required. • • • 0 0 Subject: San Diego Creek Regional Trail Bicycle Bridge over Bonita Creek, C -2900 February 22, 1993 • Page 3 Analysis: Although the proposed bridge replacement is a relatively small project, it is located in a sensitive area that requires special consideration in order to avoid significant impacts during the construction process. Since Bonita Creek is a major tributary to San Diego Creek and Upper Newport Bay, construction activities in or adjacent to the creek could potentially result in the release of pollutants into the bay. In addition to water quality concerns, Bonita Creek provides wildlife habitat and a movement corridor between the San Joaquin Hills and the bay. The major concerns identified in the Initial Study are potential stream -bed disturbance; the possibility of spilling oils, fuels, or asphalt paving materials into Bonita Creek; and the potential disturbance of native vegetation and wildlife habitat. In addition, arrangements must be made for the rerouting of the bicycle trail during the construction period, and precautions must be taken to avoid damage to the major utility lines located • within the Bonita Creek stream -bed. The Initial Study has identified mitigation measures that would substantially reduce potential impacts in these areas. Public review and comment: Based on the information contained in the Initial Study, including recommended mitigation measures, staff determined that the project, as modified by the recommended mitigation measures, would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared (Attachment A) and was posted for public review on December 15, 1992 at the project site, the State Clearinghouse, the County Clerk's office and City Hall. In addition, copies of the Negative Declaration were mailed directly to the Department of Fish and Game, the Coastal Commission, the County Environmental Management Agency, the Transportation Corridor Agencies, the City of Irvine, and The Irvine Company. After reviewing the Negative Declaration, the Department of Fish and Game (DFG) provided written comments regarding potential impacts to wildlife resources. In response to these comments, an additional mitigation measure has been added that would avoid • construction during the bird breeding and nesting season from mid -March to mid -July. Staff believes that this additional mitigation measure, along with the mitigation measures contained in the Negative Declaration, adequately address the concerns of the DFG. In addition, DFG approval of a stream -bed alteration agreement will be required prior to the commencement of construction. 0 • Subject: San Diego Creek Regional Trail Bicycle Bridge over Bonita Creek, C -2900 February 22, 1993 Page 4 • All other comments are routine in nature and will be adequately addressed through the mitigation measures identified in the Negative Declaration or through standard City procedures. Copies of the comments received are provided in Attachment B. Conclusion: Based on the discussion above, staff believes that with the proposed mitigation measures the project would not result in a significant adverse effect on the environment, and the Negative Declaration adequately satisfies the requirements of CEQA. If the City Council concurs with the analysis and conclusions in the Negative Declaration, CEQA requires that certain findings must be adopted prior to project approval. These findings are contained in the proposed resolution (Attachment C ). A Mitigation Monitoring and Reporting Program is attached as Exhibit A to the draft resolution. If the City Council determines that the Negative Declaration does not adequately address the requirements of CEQA, or that the project may have a significant adverse effect on the environment, • staff should be directed to revise the Initial Study to reflect the determination of the City Council. LL! et /t, c � Benjamin B. Nolan Public Works Director BBN:so Attachments 'I , k • m 8 BRIDGE LOCATION 0 H �Pollmrl �61� SAN DIEGO CHEEK NIKE j&7 1 is,14 0 E. ,� • 0 CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92659 -1768 NEGATIVE DECLARATION To: Office of Planning and Research 1400 Tenth Street, Room 121 XX Sacramento, CA 95814 County Clerk, County of Orange XX Public Services Division P.O. Box 838 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92659 -1768 (Orange County) Date received for filing at OPR/County Clerk: Public review period December 16, 1992 - January 18, 1993 NameofProject: San Diego Creek Regional Bicycle Trail Bridge Replacement Project Location: Bonita Creek southerly of San Diego Creek, Newport Beach Project Description The project consists of the replacement of the existing bridge over Bonita Creek at the San Diego Creek Regional Trail crossing. Finding: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee his evaluated the proposed project and determined that the proposed project would not have a significant effect on the enviioumeriL A copy of the Initial Study containing the analysis supporting this finding is attached. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision- maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned If you wish to appeal the appropriateness orad adequacy of this document, your commentsshouldbe submitted inwriting prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a publich_earing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned. yl'c Date December 15, 1992 Joh . Douglas, AICP ' En iro mental Coordia or Revised 4/92 ENVIRONMENTAL ANALYSIS CHECKLIST CITY OF NEWPORT BEACH I. BACKGROUND • 1. Application No: NA 2. Project name: San Diego Creek Trail Bridge 3. Project location: Bonita Creek just easterly of San Diego Creek, Newport Beach a. Applicant: City of Newport Beach (Public Works Department) II. ENVIRONMENTAL IMPACTS (See attached explanations) Yes Maybe No 1. Earth. Would the proposal result in: a. Unstable earth conditions or in changes V in geologic substructures? X b. Disruptions, displacements, compaction x or overcovering of the soil? C. Change in topography or ground surface X • relief features? d. The destruction, covering or modification of any x unique geologic or physical features? _ e. Any increase in wind or water erosion v of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean x or any bay, inlet or lake? ..— g. Exposure of people or property to geologic hazards such as earthquakes, landslides, X mudslides, ground failure, or similar hazards? _ 2. Air. Would the proposal result in: • a. Substantial air emissions or deterioration V X of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? Environmental Analysis checklist - Page 2 yes Maybe No 3. Water. Would the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, v or the rate and amount of surface runoff? _X X C. Alterations to the course or flow of flood waters? d. Change in the amount of surface water Y in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, V dissolved oxygen or turbidity? f. Alteration of the direction or rate of \/ flow of ground water? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water v otherwise available for public water supplies? i i. Exposure of people or property to water- x related hazards such as flooding or tidal waves? _ 4. Plant Life. Would the proposal result in: i a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, x grass, crops, and aquatic plants)? _ b. Reduction of the numbers of any unique, Y rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? Environmental Analysis Checklist - Page 3 S. Animal Life. Would the proposal result in: • a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell -fish, benthic organisms, or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration of existing fish or wildlife habitat? • 6. Mois e. Would the proposal result in an increase in existing noise levels, or exposure of people to severe noise levels? 7. Light and Glare. Would the proposal produce new light or glare? 8. Land Use. Would the proposal result in a substantial alteration of the present or planned land use of an area, or conflict with existing land use regulations or policies? 9. Natural Resources. Would the proposal result in an increase in the rate of use of any natural resources? Yes Maybe No W 10. Risk of Accident. Would the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident? b. Possible interference with an emergency response or evacuation plan? _ 11. Population. Would the proposal alter the location, distribution, density, or growth rate of the human population of the area? 12. Housing. Would the proposal affect existing housing or create a demand for additional housing? x X n x X x A X X x 10. Risk of Accident. Would the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident? b. Possible interference with an emergency response or evacuation plan? _ 11. Population. Would the proposal alter the location, distribution, density, or growth rate of the human population of the area? 12. Housing. Would the proposal affect existing housing or create a demand for additional housing? x X n x X 40 Environmental Analysis Checklist - Page 4 Yes Maybe No 13. Transportation /Circulation /Parkins. Would the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? _ C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? _ 14. Public Services. Would the proposal have an effect upon, or result in a need for, new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? _ d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? _ f. other governmental services? 15. Energy. Would the proposal result in the use of substantial amounts of fuel or energy, a substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Otilites. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Electricity or natural gas ?. b. Communications systems? C. Water or wastewater? d. Storm water drainage? e. Solid waste and disposal? X • X X x X X b. Result in adverse physical or aesthetic effects on a prehistoric or historic building, structure, x or object? _ • C. Have the potential to cause a physical change V which would affect unique ethnic cultural values? _ _^ d. Restrict existing religious or sacred uses within the potential impact area? _ III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment, Environmental Analysis Checklist - Page 5 ' Yes Maybe No sustaining levels, threaten to eliminate 17. Human Health. Would the proposal result in the number or restrict the range of a rare creation of any health hazard or exposure of people y �\ eliminate important examples of the major to a potential health hazard (excluding mental health)? • achieve short -term, to the disadvantage of long -term, environmental goals? (A is. Aesthetics. would the proposal result in the one which occurs in a relatively brief, obstruction of any scenic vista or view open to the term impacts endure well into the future.) public, or result in the creation of an aesthetically " offensive site open to public view? 19. Recreation. Would the proposal result in an impact upon the quality or quantity of existing \/ recreational opportunities? 20. Cultural Resources. Would the proposal: a. Result in the alteration or destruction of a y prehistoric or historic archaeological site? b. Result in adverse physical or aesthetic effects on a prehistoric or historic building, structure, x or object? _ • C. Have the potential to cause a physical change V which would affect unique ethnic cultural values? _ _^ d. Restrict existing religious or sacred uses within the potential impact area? _ III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or pre - history? _ 2. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts endure well into the future.) Environmental Analysis Checklist - Page 6 IV. C� Yes Maybe No 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may have an impact on two or more separate resources where the • impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant; or, a project may have incremental impacts that are individually minor, but are considerable when viewed in connection with the effects of other past, present, or probable v future projects.) 4. Does the project have environmental effects which would cause substantial adverse effects on human beings, either " directly or indirectly? _ On the basis of this initial evaluation: [Xj I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED. [ ] I find that although the proposed project could have a significant effect on thO environment, there will not be a significant effect in this case because the mitigation measures described on the attached pages have been incorporated into the project. A NEGATIVE DECLARATION WILL BE PREPARED. [ ] I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by Signature: Attachment: Environmental Analysis Checklist Explanations f: \... \FORMS \CMECKLST. Revised 12/91 Date: [111sI9}- 0 0 ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS San Diego Creek Regional Bicycle Trail Bridge • Project Descri tp ion The San Diego Creek Regional Trail is a Class I (off -road) bicycle trail which extends from to Upper Newport Bay Regional Park in Newport Beach to Jeffrey Road within the City of Irvine (see Vicinity Map). This facility serves as a commuter route for students and faculty at the University of California, Irvine as well as an important recreational facility for the region. The trail is included in the City of Newport Beach, City of Irvine, and County Master Plans of Bikeways. The proposed project would replace the existing bridge over Bonita Creek on the San Diego Creek Regional Trail. The existing wood structure was built in the 1970s and is approaching its maximum design life. The existing bridge has a wood deck which is deteriorating, resulting in a rough riding surface. The proposed bridge has been specifically designed to minimize the effects on Bonita Creek and its habitat. The existing bridge would be removed, including the existing piles within • the streambed. To minimize disturbance of the streambed and reduce the risk of damaging existing utility lines, it is proposed that the existing wood piles be cut and removed at one foot below grade. The existing concrete footings would be left in place to eliminate the need for major excavation within the streambed. Some of the existing structural timber would be recycled and used to extend the existing abutment wingwalls, which would protect the streambed area during the regrading of the bridge approaches. The replacement bridge would be made of recycled railway flatcars. The proposed "flatcar" type construction would allow the bridge to span the entire streambed (approximately 90 feet) and eliminate the need for piles at mid -span within the channel bottom. Concrete piles would be located at the bridge approaches and in the channel banks. Upon construction of the abutment, the new bridge deck would be lowered into place using a crane. The bridge deck and approaches would be paved with asphalt concrete, and railings added to complete the project (see attached Site Plan). It is expected that the project can be completed within two to three months. During construction, trail users would be detoured to adjacent streets. 9 Analysis The following discussion provides explanations for the conclusions contained in the Environmental Analysis Checklist regarding the proposed project's environmental impacts. 1. Earth 7 2. 3. San Diego Creek Trail Bridge The project would result in some soil and streambed disturbance during the removal of the existing bridge and pilings and the placement of the new pilings. These • impacts would be minimized by the project's design, which would require no new mid -span pilings within the streambed, and would minimize disturbance during removal of the existing bridge by cutting the existing wooden piles and leaving the existing concrete footings in place. Compliance with the City's Excavation and Grading Code (NBMC Sec. 15.04.140) and the following mitigation measures would reduce these potential impacts to an insignificant level. Mitigation Measure #1 Streambed Disturbance: Prior to award of a construction contract, the Public Works Director shall ensure that a provision is included requiring that the contractor take all reasonable means to prevent the disturbance of the stream channel. Mitigation Measure #2 CDFG Consultation: Prior to commencement of construction, • the City s Environmental Coordinator shall consult with the California Department of Fish and Game to determine whether a Streambed Alteration Agreement is required. If so, an agreement shall be obtained prior to beginning construction. Air During the course of construction some dust and objectionable odor from diesel exhaust and asphalt paving would be created. However, only minimal grading would be required, and dust would be minimized as a result of site watering required by the City's Grading Code and Air Quality Management District regulations. Odor effects would be temporary, and no sensitive land uses are located in close proximity to the site, therefore these impacts are not considered significant. Water The project would cause some soil disturbance during construction, which could • result in adverse effects on water quality if the streambed is disturbed, or if soil or construction materials are allowed to enter the stream channel. As noted above, the project's design would minimize streambed disturbance and erosion potential by [J San Diego Creek Trail Bridge • leaving the existing concrete footings in place and locating new footings outside the channel bottom. These design provisions and Mitigation Measures i and 2 listed above would adequately address concerns regarding siltation. Since the new bridge and approach areas would be paved with asphalt concrete, the potential exists for asphalt material to enter the stream channel unless appropriate precautions are taken. In addition, there is a potential for fuel or oil from construction machinery to leak or spill into the creek. The following mitigation measure, along with those discussed above, would reduce these potential water quality impacts to a level of insignificance. Mitigation Measure #3 Spill Contingen!Zt Plan: Prior to approval of final Plans, Specifications and Estimates, the Public Works Director shall ensure that a provision is included requiring the contractor to: a) provide the City with an adequate hazardous material spill contingency plan prior to the start of construction; and b) • demonstrate a satisfactory method of preventing asphalt, fuel or oil from being discharged into the stream channel during construction. Although the project is located in a flood hazard zone, no adverse impacts would be expected since the clear span design of the bridge (i.e., no obstructions within the stream channel) would improve the channel capacity during storm events. 4. Plant Life The proposed site is located in and adjacent to the Bonita Creek charnel, which contains riparian woodland vegetation (primarily willows). Sage and other shrubs occupy the area adjacent to the channel. Due to small scope of the project and the temporary nature of construction effects, the impacts to natural vegetation would not be considered significant; however, the following mitigation measure would ensure that any significant vegatation removed during construction would be replaced. Mitigation Measure #4 • Revegetation: Prior to commencement of construction, the Public Works Director shall ensure that a provision has been incorporated into the Plans, Specifications and Estimates requiring that any areas disturbed during construction shall be replanted with appropriate native vegetation. 3 q San Diego Creek Trail Bridge 5. Animal Life • Comprehensive biological surveys of this area were completed in 1992 in connection with the preparation of EIRs for the San Joaquin Hills Transportation Corridor and and the City of Newport Beach Circulation Improvement and Open Space Agreement (CIOSA). Those surveys noted that Bonita Creek serves as a wildlife migration corridor connecting San Diego Creek and the Upper Newport Bay with the San Joaquin Hills to the east. Replacement of the bicycle bridge could have a temporary impact on animal movement within this riparian corridor due to construction activity. This disturbance would not be expected to have a significant impact, however, since most wildlife movement occurs at night when no construction activities take place. Replacement of any natural vegetation disturbed during construction, as required by Mitigation Measure #4 above, would ensure that no significant long -term impacts to wildlife movement occur. 6. Noise • Existing ambient noise levels would be increased during the construction period due to the operation of machinery. Due to the small scope of the project and the absence of noise - sensitive land uses in close proximity, these impacts are not considered significant. In addition, construction is restricted to the hours of 7:00 am. to 6:30 p.m. weekdays and 8:00 a.m to 6:00 p.m. Saturdays by the City's Noise Ordinance (NBMC Chapter 10.28). Light and Glare There would be no lighting provided for the proposed project. 8. Land Use The site is designated "Open Space" by the City's General Plan Land Use Element. • The Zoning Code includes the site as part of the North Ford Planned Community, which identifies the area as open space in the PC Development Plan. The existing multi - purpose trail is consistent with the City's General Plan and Zoning, as well as the County General Plan. The future alignment of the San Joaquin Hills ib 0 San Diego Creek Tail Bridge • Transportation Corridor passes immediately to the east of the site. No significant land use conflicts or impacts would result from the project. 9. Natural Resources The use of natural resources would not be affected by this project. 10. Risk of Accident Potential environmental damage could occur in the event of a fuel or oil spill or leak in connection with the use of construction machinery, or the spillage of asphalt, which could be washed downstream into Upper Newport Bay. These concerns are addressed under Section 3, above. Mitigation Measure #3 would ensure that appropriate steps are taken to prevent any such spills or leakage from entering Bonita Creek and the bay. • 11. Population The proposed project would not have any effect on the area's population. 12. Housing No additional housing demand would result from the project since no employment increase is anticipated. 13. Transportation /Circulation /Parking The proposed project would have no adverse impact on the City's transportation, circulation or parking facilities. The project would maintain an important link in a major regional bicycle trail. During construction the trail would be rerouted onto adjacent streets. The following mitigation measure would ensure that no significant safety hazards are created during the construction period. • Mitigation Measure #5 Trail Rerouting and Signaee: Prior to final approval of Plans, Specifications and Estimates, the Public Works Director shall determine a temporary alternate trail route and signage 5 San Diego Creek Trail Bridge requirements in consultation with the Director of Parks, Beaches and Recreation, the City of Irvine, and the Orange • County EMA /Harbors, Beaches and Parks Department. Prior to beginning demolition of the existing bridge, the Public Works Director shall verify that all appropriate signage has been installed indicating the trail closure and alternate routing. 14. Public Services The project would not create additional demand for public services. 15. Energy No significant increase in the use of energy would be anticipated. 16. Utilities and Service Systems No significant alteration or expansion of existing utility systems would be required. • Major utility lines are buried within the Bonita Creek right -of -way, however, which could potentially be damaged by construction activities. The following mitigation measure would minimize this risk. Mitigation Measure #6 Existing Utilities: The Public Works Director shall include a warning in the construction contract alerting the contractor to the existence of major utilities buried within the Bonita Creek right -of -way. 17. Human Health The proposed project would not utilize hazardous materials on the site, other than asphalt and oil and fuel during construction, therefore no adverse affect on human health would be anticipated. 18. Aesthetics The site is located in an undeveloped area and would not result in any significant R • 12 0 0 San Diego Creek Trail Bridge • aesthetic impacts. The railroad flatcar design proposed for the bridge is considered to be compatible with the overall design style of the trail. 19. Recreation The existing multi - purpose trail is an important part of the regional recreational network and is heavily used year - round. Since the existing wood bridge is structurally deteriorating, the proposed new bridge would provide a safer and smoother riding surface. Although the bridge replacement would require a short-term closure of this segment of the trail, Mitigation Measure #5, above, would ensure continuity of the trail with minimum public inconvenience during construction. 20. Cultural Resources As part of the EIR prepared for the Newport Beach Circulation Improvement and Open Space Agreement an archaeological records search was conducted for this area and no known sites were identified. In addition, no archaeological or paleontological resources were observed during the site investigation. Mandato y Findings of Significance 1. On the basis of the foregoing analysis, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long -term environmental goals that would be compromised by the project. 3. No cumulative impacts are anticipated in connection with this or other projects. 4. There are no known substantial adverse effects on human beings that would be caused by the proposed project. F. \ ... \BIKLBRG • 7 13 STATE OF CALIFORNIA ! • PETE WILSON, .Governor GOVERNOR'S OFFICE OF PLANNING AND RESEARCH RECEIVED BY 1400 TENTH STREET PLANNING DEPARTMENT SACRAMENTO, CA 95814 NTY OF NFINPORT BEACH Jan 21, 1993 JOHN H DOUGLAS CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT, CA 92659 Subject: BONITA CREEK SOUTHERLY OF SAN DIEGO SCH # 92121045 Dear JOHN H DOUGLAS: AN JAN 2 6 1993 PM • TALI All112111215 AIG 11 The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call Tom Loftus at (916) 445 -0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight -digit State Clearinghouse number so that we may respond promptly. /�si>nnccerely,, lam / ✓�E -/ j�iLC� Christine Kinne Acting Deputy Director, Permit Assistance • STATE OF CALIFORNIA —THE RESOURCES AGENCY PETE WILSON, Gowm DEPARTMENT OF FISH AND GAME i?.',!�:;::•rf`�.;Thi_;, 330 GOLDEN SHORE, SUM 50 LONG BEACH, CA W802 0 is 10) 590 -5113 January 11, 1993 Mr. John H. Douglas City of Newport Beach Planning Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Dear Mr. Douglas: AM JAN I 1993 Negative Declaration for the San Diego Creek Regional Bicycle Trail Bridge Replacement Orange County • The Department of Fish and Game (Department) has reviewed the referenced document for replacement of the bicycle trail bridge at Bonita Creek in the City of Newport Beach. These comments have been prepared under the authority, and in accordance with the provisions of the Fish and Game Code (Sections 711.4 and 1802) and other statutes and authorities mandating Department concern for environmental values. The proposed project would involve the replacement of the existing bridge over Bonita Creek and the partial removal of the existing wood piles within the streambed. The concrete footings would be left in place to eliminate the need for major excavation within the streambed. Grading of the bridge approaches will be required to allow for placement of concrete piles. Additionally, concrete piles will be placed in the channel banks. The Department stresses avoidance of impacts to lands and resources adjacent to extremely sensitive areas such as Upper Newport Bay Ecological Reserve. If impacts are unavoidable, then we strongly recommend that a mitigation strategy be designed and implemented that insures no net loss of habitat value. The • Department recognizes replacement of the bridge is a relatively small project. However due to the location of the bridge over a known wildlife corridor and its proximity to the California least tern (Sterna antillarum browni), the Department does require assurances that the project - related impacts to these resources will be minimized. 0 0 Mr. John H. Douglas January 11, 1993 Page Two Specific Comments: 1. Construction activities should be limited during the breeding /nesting season which is generally recognized to be from mid -March through mid -July. The Fish and Game Code specifies in sections 3503 and 3503.5 that the nests and eggs of birds are not to be needlessly destroyed. As you may know the following state - listed endangered birds nest and forage in the immediate vicinity of the project site: the least tern nests within 500 yards of the construction site and forages in the back bay and the San Diego Creek channel, the Belding's savannah sparrow (Passerculus sandwichensis beldinai), nests and forages in the pickleweed growing in the mudflats in the area, the Light- footed clapper rail (Rallus lonairostris levipes), utilizes the cord grass in the vicinity of the project site for foraging and nesting. Additionally, the following state - listed endangered and state designated fully - protected birds (pursuant to Fish and Game Code Section 3511) and a state - listed endangered plant could potentially be adversely affected by project - related impacts: American peregrine falcon (Falco peregrinus anatum) Brown pelican (Pelecanus occidentalis) Salt marsh bird's beak (Cordylanthus maritimus spp. maritimus) The following mitigation measures could be taken to ensure that project - related impacts are kept to a minimum while allowing the project to proceed in a timely manner: a. A pre - project survey to identify those areas which are to be avoided due to utilization by the above listed endangered bird species during the breeding /nesting season, identification of any areas supporting Salt marsh bird's beak and identification of those areas utilized by the remaining endangered species for foraging. b. The presence of a qualified biologist during construction activities to ensure that those areas identified as critical habitats are avoided. 2. Due to the presence of state - listed endangered species at the project -site, the need for endangered species consultation with the Department may be necessary. Pursuant to the California Endangered Species Act (Act), it is the policy of the Department to conserve, protect, restore and enhance any endangered or threatened species and its habitat. • :7 • Mr. John H. Douglas January 11, 1993 Page Three Section 2080 of the Act prohibits the import, export, or "take" of listed species. Section 2081 allows exceptions to the "take" provision through permits or Memorandum of Understandings. Mr. Krishan Lal of the Long Beach office at (310) 590 -5189 should be contacted for additional information regarding the necessity of a 2081 permit. 3. San Diego Creek provides the critical function of serving as a wildlife movement corridor linking habitats between the Upper Newport Bay and upland areas including the San Joaquin Marsh and Quail Hill. Numerous species depend upon this corridor to travel between these habitats for the purpose of foraging and breeding. Upper Newport Bay is not large enough to support the habitat requirements of such species as the coyote which must access the adjacent upland habitats to forage. Additionally, the genetic integrity of many species at the Upper Newport Bay is dependent upon the continued existence of this corridor. The Upper Newport • Bay is a relatively isolated habitat and this corridor provides a means by which juvenile animals may disperse into adjacent habitats and breeding animals may seek mates in the upland habitats outside of the bay. This corridor provides the critical function of helping to maintain the genetic integrity of an otherwise isolated population. The California gnatcatcher (Polioptila californica) may use this corridor for dispersal from the back bay area. The U.S. Fish and Wildlife Service documented in November and December of 1991, individual gnatcatchers passing out of Upper Newport Bay by way of the San Diego Creek. The U.S. Fish and Wildlife Service has documented that the gnatcatcher populations at the Upper Newport Bay and at the University of California at Irvine preserve may be related and consequently rely upon this corridor (see response to DEIR 525, June 5, 1992 from U.S. Fish and Wildlife Service). San Diego Creek also serves as a critical movement corridor by which coyotes access the back bay. Without the presence of the coyotes, meso - predators including the red fox (Vuloes vulpes) • and feral cats could devastate the light- footed clapper rail population as well as other ground nesting bird species. This relationship between meso - predator release (explosion of the red fox population due to elimination of the coyote) and the consequent devastation of the light- footed clapper rail population has been demonstrated on the Seal Beach Naval Weapons Reserve and documented by the U.S. Fish and Wildlife Service. 0 0 Mr. John H. Douglas January 11, 1993 Page Four 4. A streambed alteration agreement will be required for the work that is to occur within the banks of the streambed. Formal notification (with fee) under Fish and Game Code Section 1603 should be made after all other permits and certification have been obtained. Work cannot be initiated until a streambed alteration agreement is executed. Contact Mr. Kris Lal at the Long Beach office at (310) 590 -5137 for this purpose. 5. The Department shall impose and collect a filing fee to defray the costs of managing and protecting fish and wildlife trust resources, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, developing monitoring requirements for purposes of the California Environmental Quality Act (CEQA), and other activities protecting those trust resources identified in the review pursuant to CEQA. For a project for which a negative declaration is prepared pursuant to subdivision (c) of Section 21080 of the Public Resources Code, the filing fee is $1250. The filing fee shall be paid to the county clerk at the time of filing a notice of determination pursuant to Section 21152 of the Public Resources Code. Thank you for the opportunity to provide comment on this project. If you have any questions please contact, Ms. Cheryl Heffley, Wildlife Biologist, at (310) 694 -3578. Fred Wor Regional Region 5 cc: C. Taucher, DFG J. Massie, DFG K. Lall, DFG ES Files • L. Dawes, USFWS • Li Comm na;y Deve c ,:-en! Department C tp. Of Ir% ne. One ; . c Ce :;e' PC E 0 '9575 irv:ne. C %o,nia 92713 (714) 7246000 i January 13, 1993 AM JA's i. 1�33 John H. Douglas, AICP �18191�1L1:�1�1�: City of Newport Beach 3300 Newport Blvd. -P.O. Box 1768 '± Newport Beach, CA 92659 -1768 SUBJECT: NEGATIVE DECLARATION FOR THE SAN DIEGO CREEK REGIONAL BICYCLE TRAIL BRIDGE REPLACEMENT Dear Mr. Douglas: Thank you for providing the City of Irvine with the opportunity to • review and comment on the mitigated Negative Declaration for the San Diego Creek regional bicycle trail bridge replacement. After thorough consideration, the City is satisfied that the project's potential environmental impacts will be adequately mitigated by your mitigation measures. We anticipate that the City of Newport Beach will also adopt a Mitigation Monitoring Program and effectively execute the program to ensure mitigation compliance during project implementation. Sincerely, Mark Tomich, AICP Principal Planner Advanced Planning • cc: Peter Hersh, Manager of Planning Services STATE OF CALIFORNIA— BUSINESS AND TRANSP*ION AGENCY • i�41s ov PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION PLANNING DEPARTMENT _ DISTRICT 12 T'ITV OF NEWPORT BEACH : ; 2501 PULLMAN STREET SANTA ANA, CA 92205 FEB h 1993 February 1, 1993 John Douglas Principal Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Dear Mr. Douglas: AM ru 71819110 1111121112131415 i 6 File: IGR /CEQA Neg. Dec. Bicycle Trail Bridge Replacement Thank you for the opportunity to review and comment on the Negative Declaration for the San Diego Creek Regional Bicycle Trail Bridge Replacement. The project consist of the replacement of the existing bridge over Bonita Creek at the San Diego Creek Regional Trail crossing. Caltrans District 12 has no comment at this time. Please continue to keep us informed of future developments which could potentially impact our State Transportation Facilities. If you have any questions or need to contact us, please call Aileen Kennedy of my staff at (714) 724 -2239. Sincerely, Robert F, osep , Chief Advance Planning Branch cc: Tom Loftus, OPR Ron Helgeson, HDQTRS Planning Dorothy Uyehara, Traffic Analysis • • John Douglas City of Newport Beach TELEPHONE: 44 -43 Planning Department FAX #: DPC: 834.4772 3300 Newport Boulevard 2nd FIr: 834.6132 P. 0. Box 1768 Newport Beach, CA 92659 -1768 FILE: NCL 92 -167 SUBJECT: ND for the San Diego Creek Regional Bicycle Trail Bridge Replacement Dear Mr. Douglas: The above referenced item is a Negative Declaration (ND) for the City of Newport Beach. The proposed project consists of replacing the existing bridge over Bonita Creek at the San Diego Creek Regional Trail crossing. The project site is located at Bonita Creek southerly of San Diego Creek. The County of Orange • has reviewed the Negative Declaration resulting in the following comments: BIKEWAYS Detour plans for Regional Bicycle Trail should be coordinated with EMA Transportation Planning. FLOOD An encroachment permit from EMA /Public Property Permits will be required. The permit application must show that the replacement bridge is designed to current applicable County hydrologic and hydraulic standards. • RECIWD BY (1983) is available with Flood Program Division /Hydrology PLANN{ PARTMENT '61 'ITY OF NFWPORT REACP MICHAEL M. RUANE please call Kari Rigoni at 4 NTY C) F= DIRECTOR, EMA Very FEB 9 1993 2 1 A� PM THOMAS B. MATHEWS 5 AN G E 7 {8 {9{10111{1211 {2{3141516 DIRECTOR OF PLANNING • ENVIRONMENTAL MANAGEMENT AGENA LOCATION 12 CIVIC CENTER PLAZA SANTA ANA, CA PLANNING Planning Division MAILING ADDRESS: FEB 0 5 1993 P.O. BOX 4048 SANTA ANA, CA 92702 -4048 John Douglas City of Newport Beach TELEPHONE: 44 -43 Planning Department FAX #: DPC: 834.4772 3300 Newport Boulevard 2nd FIr: 834.6132 P. 0. Box 1768 Newport Beach, CA 92659 -1768 FILE: NCL 92 -167 SUBJECT: ND for the San Diego Creek Regional Bicycle Trail Bridge Replacement Dear Mr. Douglas: The above referenced item is a Negative Declaration (ND) for the City of Newport Beach. The proposed project consists of replacing the existing bridge over Bonita Creek at the San Diego Creek Regional Trail crossing. The project site is located at Bonita Creek southerly of San Diego Creek. The County of Orange • has reviewed the Negative Declaration resulting in the following comments: BIKEWAYS Detour plans for Regional Bicycle Trail should be coordinated with EMA Transportation Planning. FLOOD An encroachment permit from EMA /Public Property Permits will be required. The permit application must show that the replacement bridge is designed to current applicable County hydrologic and hydraulic standards. CH:sahEPL01 -191 3020810004192 The Bonita Creek Hydrology Report F04 - 1S (1983) is available with Flood Program Division /Hydrology Section at 834 -3785. Thank you for the opportunity to respond to the ND. If you have questions, please call Kari Rigoni at (714) 834 -2109. Very truly yours, ari A. Rig ni, St. 311anner FOR: Robert W. White, Manager Environmental Planning Division CH:sahEPL01 -191 3020810004192 • RESOLUTION NO. _ 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING IN CONCEPT PLANS AND SPECIFICATIONS FOR REPLACEMENT OF THE • SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE OVER BONITA CREEK (C -2900) WHEREAS, the San Diego Creek Regional Trail is a Class I bicycle trail extending from Upper Newport Bay Regional Park in Newport Beach northward to Jeffrey Road in the City of Irvine; and WHEREAS, this trail is heavily used by recreational cyclists and hikers, as well as UCI students, faculty and other commuters; and WHEREAS, the existing bridge over Bonita Creek is nearing the end of its design life; and WHEREAS, in order to maintain and enhance the recreational utility of this Vail the City of Newport Beach has prepared plans and specifications for a replacement bridge; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration was circulated for public review on December 15, 1992 to all Responsible Agencies and other interested parties as required by CEQA; and WHEREAS, all comments on the Negative Declaration regarding potential impacts of the project are addressed through recommended mitigation measures or conditions of approval to eliminate or substantially reduce those potential impacts. r1 u NOW, THEREFORE, BE IT RESOLVED that based upon the information • contained in the Initial Study, comments received, and all related documents, the City Council finds that there is no substantial evidence that the project, as conditioned or as 1 0 0 modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the • project, and satisfies all the requirements of CEQA, and is hereby approved. The Negative Declaration reflects the independent judgement of the City Council and was reviewed and considered prior to approval of the project BE IT FURTHER RESOLVED that the City Council hereby approves in concept the plans and specifications for the San Diego Creek Trail Bridge as described in the Public Works Department staff report of February 22, 1993. BE IT FURTHER RESOLVED that all of the mitigation measures identified in the Negative Declaration are hereby adopted as conditions of approval for the project, BE IT FURTHER RESOLVED that the monitoring requirements of Public Resources Code Sec. 21081.6 (AB 3180 of 1988) will be met through the design of the project, required compliance with City building, grading, and other codes and ordinances, • and required compliance with the adopted mitigation measures. A Mitigation Monitoring and Reporting Program for the project is attached hereto as Exhibit A and incorporated herein by reference. ADOPTED this _ day of . 1993. Mayor ATTEST: City Clerk • Attachment: Exhibit A: Mitigation Monitoring and Reporting Program F:\ W P51 \PLANNING \JOHN -D \CND \PW\BIxEBRG \CC -RM5 I 2 • EXHIBIT A • MITIGATION MONITORING AND REPORTING PROGRAM San Diego Creek Regional Trail Bicycle Bridge I. OVERVIEW This mitigation monitoring program was prepared in compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the applicant and the City to ensure that all mitigation measures adopted as part of this project will be carried out. Attachment 1 summarizes the adopted mitigation measures, implementing actions, and verification procedures for this project. H. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions of approval which are satisfied prior to or during construction and verified by plan check and /or inspection; and (3) through monitoring and reporting after construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below. A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in conformance with the approved project design. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordinances, policies, standards, or conditions of approval: Upon project approval, a copy of the approved project description and conditions of approval will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in compliance with all applicable codes, ordinances, policies, standards and conditions of approval. Field inspections will verify that construction conforms to all applicable standards and conditions. C. Mitigation measures implemented through post - construction monitoring. If any mitigation measures require verification and reporting after construction is completed, the City will maintain a log of these mitigation monitoring and reporting requirements, and will review completed monitoring reports. Upon submittal, the City will approve the report, request additional information, or pursue enforcement remedies in the event of noncompliance. Final monitoring reports will be placed in the official file. R \ ... \ JOHN- D \CNB \P W \BIKUBRG \MM- COVER. is • • C �w U h� v °x a� z zim 0_ a ° v a u� a" U 00 7 ,g w OQ 6`A E W e �s a u a 0 `o' F> e `o c V e u V C E � yE D 0 0 N N N =s e o �y =s =s aG al a.A aC] E 8 � 0 E e 8 do S E i r p E c$ 4 ufn .".� ���� gSQskc E c o e I .'3 ` �Ep m z � 0 u u C W Y C aE�0O » -'E °ar v °o_ " 9 8 ` °o o f c o E28gI d28(7 E2 !gq B� EOuy to u Qi o uU Pi a m �6 m Pi t4 0 a o A26 d4 o cc 03 0? E ' 4 Z % aa'�e o s E w a 2 o e o. m $ = o c B E o s o e 0 "8� Ems vio.c3'oy�m vo w i5 &M oo oy o •� e ��Oaa E�8F8 sQ e',i a�� Ego v .i 4 K v a 0. u 0s] G Q V CL Y U 0 �a OQ a� E u e 9 Y 4 Y a 0 �a F> O O C u e u E � a e 0 0 N y y Y y Y M Y 3 3 3 O pK G Pi 4 0. W 4 V .y .E o Q V H a L° E w o `o o `o a°ig waL�R cg Cad° S m o '2�2 �B5 &S °eE Y� Q Eq 0 0 W R y0 a¢3 r 12s E 3G8� Qac Z N 9 m 0 0 Q a T in O V Em'oW a Z�Qi u �aY. <P7 °i _ a 2 Qy��goao.xa� jdC2 rh °�o L' i a i 0 V • RESOLUTION NO. 93 -9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING IN CONCEPT PLANS AND SPECIFICATIONS FOR REPLACEMENT OF THE SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE OVER BONITA CREEK (C -2900) WHEREAS, the San Diego Creek Regional Trail is a Class I bicycle trail extending from Upper Newport Bay Regional Park in Newport Beach northward to Jeffrey Road in the City of Irvine; and WHEREAS, this trail is heavily used by recreational cyclists and hikers, as well as UCI students, faculty and other commuters; and WHEREAS, the existing bridge over Bonita Creek is nearing the end of its design life; and WHEREAS, in order to maintain and enhance the recreational utility of this trail the City of Newport Beach has prepared plans and specifications for a replacement bridge; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration was circulated for public review on December 15, 1992 to all Responsible Agencies and other interested parties as required by CEQA; and WHEREAS, all comments on the Negative Declaration regarding potential impacts of the project are addressed through recommended mitigation measures or conditions of approval to eliminate or substantially reduce those. potential impacts. NOW, THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study, comments received, and all related documents, the City Council finds that there is no substantial evidence that the project, as conditioned or as 1 modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is hereby approved. The Negative Declaration reflects the independent judgement of the City Council and was reviewed and considered prior to approval of the project. BE IT FURTHER RESOLVED that the City Council hereby approves in concept the plans and specifications for the San Diego Creek Trail Bridge as described in the Public Works Department staff report of February 22, 1993. BE IT FURTHER RESOLVED that all of the mitigation measures identified in the Negative Declaration are hereby adopted as conditions of approval for the project. BE IT FURTHER RESOLVED that the monitoring requirements of Public Resources Code Sec. 21081.6 (AB 3180 of 1988) will be met through the design of the project, required compliance with City building, grading, and other codes and ordinances, and required compliance with the adopted mitigation measures. A Mitigation Monitoring and Reporting Program for the project is attached hereto as Exhibit A and incorporated herein by reference. ATTEST: City Clerk Attachment: ADOPTED this 22nd day of Feb. . 1993. 0; Exhibit A: Mitigation Monitoring and Reporting Program F: \WP51 \PLANNING\ JOHN- D \CNB \PW \BIREBRG \CC-RESO.1 2 • EXHIBIT A • MITIGATION MONITORING AND REPORTING PROGRAM San Diego Creek Regional Trail Bicycle Bridge I. OVERVIEW This mitigation monitoring program was prepared in compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the applicant and the City to ensure that all mitigation measures adopted as part of this project will be carried out. Attachment 1 summarizes the adopted mitigation measures, implementing actions, and verification procedures for this project. II. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions of approval which are satisfied prior to or during construction and verified by plan check and /or inspection; and (3) through monitoring and reporting after construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below. A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in conformance with the approved project design. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordinances, policies, standards, or conditions of approval: Upon project approval, a copy of the approved project description and conditions of approval will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in compliance with all applicable codes, ordinances, policies, standards and conditions of approval. Field inspections will verify that construction conforms to all applicable standards and conditions. C. Mitigation measures implemented through post - construction monitoring. If any mitigation measures require verification and reporting after construction is completed, the City will maintain a log of these mitigation monitoring and reporting requirements, and will review completed monitoring reports. Upon submittal, the City will approve the report, request additional information, or pursue enforcement remedies in the event of noncompliance. Final monitoring reports will be placed in the official file. P \...\JOHN- D \CNB \PW \BIIW-BRG \MM-CO VER. 6 i �w u y °a o� ga F� 0 U O ^ oQ 6� i « 8 Y III a a og F> 0 jr c u E i e i Y 0 3 a 4. • O u os o� w y O =s 0 0. 11 y O =s 0 a� c 0 6 w w e Es E�gsx s ��5i3 °Wr` =xm �33Ec 0g6Q °5'�•Fa $9�& aeo 8.5 0. D?DU sK'2dG$Ea ^a GY? •� � a oe Z'gg a�g.iss 62e `30..8 0$���� 0 �Y�o e arG fv he oo�GG O�aFFFFFF cco a O :R9 0 C< v7 C i Y 9 G Y C Y w Y 'u `s c W t > g� � >Y e C E E e 0 0 r y M r y y r y y � 3 0 3 O 3 aG a0 u�. $ m $ `o J O C O B 0. iC a E eE v: 8 w 0 _ 00yy V V m V i y 400�ko4� g� 9 r gE •OC .. m S — a At 3y.°0"8 oq$bS0 r Y 0. Jj C13 gyoSSo °K O�3y� u °E0,2E Y; m� a C r C c ppp� � to p C F' yZ. IL C a � a sa r e c c 0 �C1a 7 a m u 0. JKS a e ..� I S r 6:..