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HomeMy WebLinkAboutC-2962 - Rough Grading and Temporary Embankment ConstructionCIT?OF NEWPORT B4 ACH March 14, 1994 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Southern California Sandbags 12620 Bosley Corona, CA 91719 Subject: Surety: American Motorists Bond No. 3SM 799 846 00 Contract No.: C -2962 Project: Rough Grading and Construction Insurance Company Temporary Embankment The City Council of Newport Beach on February 14, 1994 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on February 23, 1994, Reference No. 94- 0133400. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk ! t / • ch' ci of t e oft Beach Newport Beach, CA Boulevard VU1 fb6 V & Y.lilt�i) A'V 0 • f V iVV i V V y #J. "Exempt from recording fees pursuant to Government Code Section 6103" REC. HAR 111994 [-1 NOTICE OF COMPLETION TICE IS BY GIVEN that the City of Newport Beach, 3300 Newport ulevard, "Newport Beach, California, 92663, as Owner, and Southern California Sandbags, 12620 Bosley, Corona, CA 91719 as Contractor, entered into a Contract on January 4, 1994 Said Contract set forth certain improvements, as follows: Rough Grading and Temporary Embankment Construction (C -2962) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on January 12, 1994 and was found to be acceptable on February 14, 1994 v' by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists Insurance Company, 7470 N. Figueroa Blvd., Los Angeles, CA 90041 BY u i or cs Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of m knowledge. q Executed on t-e�i �lo • 1/ 9 at Newport Beach, California. BY city Clerk V F. C • T:,ie CITY COUNCIL SPORT BEACH FEB 1 41994 APPROVED 0 February 14th, 1994 CITY COUNCIL AGENDA ITEM NO. d a TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR ROUGH GRADING, TEMPORARY EMBANKMENT CONSTRUCTION & STORM DRAIN RELOCATION UTILITIES YARD EXPANSION PROJECT - PHASE II GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 2962) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion for Contract No. C -2962 on behalf of the City. 3. Authorize the City Clerk to release the bonds, 35 days after the Notice of Completion has been filed and recorded in accord with the applicable provisions of the California Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the City's Utilities and Building Departments. The contract was performed by Southern California Sandbags, of Corona, California. Total Bid Price $ 41,382.80 Total of Unit Price Items Constructed $ 41,382.80 Total of Authorized Change Orders $ 300.00 Total Contract Cost $ 41, 682.80 One change order was issued in the amount of $300 to provide for additional sandbag placement and erosion control measures. The project provided for moving approximately 27,000 cubic yards of dirt material into the ravine adjacent to the Utilities Yard so as to adequately compact the soils beneath the proposed 3.0 million gallon reservoir. The project also included the installation of a temporary storm drain and miscellaneous erosion control. Page 2 - February 14, 1994 Rough Grade & Temporary Embankment Project Contract Acceptance (C -2962) The project is part of the City's Groundwater Development Project and was a necessary component of the 3.0 million gallon reservoir proposed at the 16th Street Reservoir Site. Funds for the project were provided from account number 7503 - 98500018. The contract required completion of all improvements within 30 days of the award of contract. The contract was awarded December 13th, 1993. The required completion date was January 12th, 1994. All work was completed by the required date. Respectfully submitted, JEFF 6rANE.4R Jeff Staneart, P.E. Utilities Director JS: sdi • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Cr % �Z7GGi/L ie� TO: FINANCE DIRECTOR / - G_. / FROM: CITY CLERK DATE: January 6, 1994 SUBJECT: Contract No. C -2962 Description of Contract Rough Grading and Temporary Embankment Construction Effective date of Contract January 4, 1994 Authorized by Minute Action, approved on December 13, 1993 Contract with So. Cal. Sandbags Address 12620 Bosley Corona, CA 91719 Amount of Contract $41.382.80 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach .I/ • n C7 BY THE Clrf C0?,R:' z CITY OF DEC 1 31993 APPROVED 0 December 13th, 1993 CITY COUNCIL AGENDA ITEM NO. ¢I TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR ROUGH GRADING, TEMPORARY EMBANKMENT CONSTRUCTION & STORM DRAIN RELOCATION UTILITIES YARD EXPANSION PROJECT - PHASE II GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 2962) RECOMMENDATIONS: 1. Find that the lowest bidder, Southern California Sandbags, can meet the requirements for completing the proposed contract work and declare them the "low bidder ". 2. Award Contract No. 2962 to in the amount of $41,383. 3. Authorize the Mayor and the City Clerk to execute the contract on behalf of the City. DISCUSSION: At 1:30 p.m. on November 30th, 1993, the City Clerk opened and read bids for the subject project. A summary of the results are listed below and a more detailed itemized bid summary is attached as Exhibit "A ": Rank Contractor /Bidder Total Bid Price low Southern California Sandbags $ 41,382 2 Salisbury Engineering & Grading $ 46,051 3 Goplen Excavating & Engineering $ 58,079 4 Gillespie Construction, Inc. $ 59,118 5 Dobson Equipment Rentals, Inc. $ 65,584 6 LGT Enterprises $ 66,850 7 Peterson -Chase Construction, Inc. $ 67,745 8 Southern California Grading, Inc. $ 70,445 9 Silveri Construction Company $ 71,224 10 Excel Paving Company $ 71,317 11 Fleming Engineering, Inc. $ 75,805 12 United Builders $ 78,682 13 Lambaren Contractors, Inc. $ 79,279 0 2 R ugh Grading Project Contract Award (C -2962) December 13, 1993 Thirteen bids were received. The low bid was 43% below the Engineer's Estimate of $72,700. Staff believes the low bid price is less • than the Engineer's Estimate because of the conservative cost estimate and due to the very depressed market conditions in the residential and commercial building construction industry which provides most of the grading project volume. The large number of bidders is also reflective of this market condition. The low bidder, Southern California Sandbags, is a well qualified, general engineering contractor, who specializes in earthwork and grading projects and is licensed to do business in California. This company has successfully completed much larger and complex grading construction projects for a number of reputable developers in Southern California. This project provides for moving approximately 27,000 cubic yards of dirt into the ravine adjacent to the Utilities Yard so as to adequately compact the soils beneath the proposed 3.0 million gallon reservoir. The project also includes the installation of a temporary storm drain and erosion control. Detailed plans and specifications for the project were prepared by a civil engineering consulting firm. Funds for the work are included in the approved 1992 -93 • water capital projects budget and were carried -over to the 1993 -94 fiscal budget to allow an award of contract. The project is part of the City's Groundwater Development Project and is a necessary component of the 3.0 million gallon reservoir proposed at the 16th Street Reservoir Site. Funds for the project are available from account number 7503 - 98500018. The estimated time of completion for this rough grading and temporary embankment project contract is 45 calendar days. The expected completion date is February 11th, 1994. Respectfully submitted, JEFF 5TA, (..,642 - . Jeff Staneart, P.E. Utilities Director Attachments: Exhibit "A ": "Bid Summary" J5: sdi • EL 0 ca a h GZLi U� W F 0] � L:a aQ z� 3 OU U] a 0 0 a 0 LL) Y U LLI S U I0 N 0 U 0 w m F mom m � W U 'oIU W F z0 Uz 0 F U W 0. • 0 y J H 0 U w 0 U ATTAG-(MENT �A" P•t-lP4 1 AI y J H 0 U w 0 U ATTAG-(MENT �A" P•t-lP4 d IL U N W 0. xz U w0 m �a aQ Wa z0 �.3 OU U� n. M O M W F Q m m m d v s w O O W Y a y U `y 0 _ U in ? U O U Z 0 o mFOro s w ..� f K � m - F U O UZ W Ow U CL • • Arr"mCtlr •A" p. ZoF4 � ICI I • • Arr"mCtlr •A" p. ZoF4 • • • d (L O Lil c� Q M = Z U w W F- m 2 a 1 00 LU N w Y Z cr- O L O U � J v 00 CL m O F' Q Q u U LLI U Z N O o Q U O E mom a 0 C� O U c E E v O C D N O m E ° c n w N f\ ry O a v c LU � Q � m Z 0U W U Z LU �z�o 4TTAC44MEnfT �JV P. 3 4-4 o r o z N C W N m Z) u w N O o � m a Q h = Fn m' v m o n o 0 w N z F- N uoi N- � von O Z t7 Cj m Cl m In c Q � c w O o m r o m 0 r 0 N wr wern E Z h"' H v LL � cL df W _ N b9 2 t m N O y t7 2 m N m r w Z O Z N N m o m N c =Q � o °ass m -� rn F Z N r O 9 O v O o O o D o 4 'n F U U p g z�ss8� W Yoo �.o E ~ m r r Z N E Q ' U z O a L g o m U 2 m n m U) Lu o a.= fa -a V ig q y A b V N . U W W (n W W �NNNNNNNNNN(�l C7 M [�!C] f7 (7 H 4TTAC44MEnfT �JV P. 3 4-4 4 L'V U a s w U 2 er Ow0 Q � a a N w Y Z O L O U F- J U m CL CL �I U YID d a Lo W F- M L 0 LU of M Y U E = U 0 z OLD O � F a u U `n C ry N UI C � Q � ~ Q O � � W U uJ E? W j Z (� puwa `J L i 4 L'V U a s w U 2 er Ow0 Q � a a N w Y Z O L O U F- J U m CL CL �I U YID d a Lo W F- M L 0 LU of M Y U E = U 0 z OLD O � F a u U `n C ry N UI C � Q � ~ Q O � � W U uJ E? W j Z (� puwa `J L • • • Arr"mfo -r "q" p.+,*+ �Ell i'll II II 000 • • • Arr"mfo -r "q" p.+,*+ • • - -C1 I i CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1765, Newport Beach, California 92659 -1765 until 1:30 o'clock p.m. on 30th day of November 11993, at which time such bids shall be opened and read for ROUGH GRADING AND TEMPORARY EMBANKMENT CONSTRUCTION �0) Title of Project C -2962 Contract No. $ 72,700 Engineer's Estimate 7, ` �n r, Approved by the City Council this 8th day of November, 1993 Wanda E. Raggi . City Clerk Prospective bidders nxty obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92659 -1768 For further information, call Jeff Staneart at 644 -3011. Project Manager CITY OF NEWPORT BEACH UTILITIES DEPARTMENT • ROUGH GRADING AND TEMPORARY EMBANKMENT CONSTRUCTION PROJECT (M- 5313 -S) CONTRACT NO. C -2962 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. C -2962 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. ITEM UNIT NO_ QUANTITY UNIT DESCRIPTION PRICE TOTAL 1. 3.2 AC Clearing and grubbing within the limits of grading for the unit price of Eight Hundred & Dollars Forty and 00 /100 Cents $ 840.00 $ 2,520.00 per Acre ITEM UNIT NO. QUANTITY UNIT DESCRIPTION PRICE TOTAL 2. 26,750 CY Excavate and place compacted fill to a minimum 110 # /CF wet for the unit price of One Dollars and Twelve Cents $ 1.12 $30,000.00 per Cubic Yard 3. 740 CY Excavate drainage Swale for the unit price of One Dollars Sixty -Two and Cents per Cubic Yard 4. 3 EA Install settlement monitoring plates for the unit price of Seven Hundred & Dollars Twenty and 00 /100 Cents per Each 5. LS Install erosion control for the lump sum price of Five Thousand ThreeDollars Hundred & Seventy -Six and 00 /100 Cents Lump Sum $ 1.62 $ 1,200.00 $ 720.00 $ 2.160.00 $ 0 $_5,376. 00 TOTAL PRICE IN WRITTEN WORDS Forty One Thousand Two Hundred Fifty Six 00 /100 Dollars and Cents TOTAL PRICE oi I declare under penalty of perjury that all representation made above are true and correct.* * Effective January 1, 1990, Business and Professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name Bidder's Address So. Cal. Sandbags 12620 Bosley Corona, CA 91719 Bidder's Telephone No. (909) 277 -3404 Contractor's License No. & Classification A- 632882 Expiration Date 11/29/93 k4tll 00-1,e ' Date Authorized Signature /Title Peter Rasinski, Owner 0 INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. L PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the 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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. A- 632882 Conti s Lic. No. & Classification Date So. al Sandbags Bidd OW sCO_ Authorized Signature /Title Peter Rasinski, Owner 9 0 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. I£ 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. Subcontract Work Subcontractor Address None 2. 5 0 9. 11 12 Sa Cal Sandbags Bidder I�W_ k /d W vt,ecr Authorized Si atyre /Title Peter Rasfnski, Owner Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, So. Cal Sandbags as bidder, and CASHIER'S CHECK 02073623 as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Four Thousand Four Hundred and Fifty -Six _ _ Dollars ($ $4,456.00 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Rough Grading and Temporary Embankment Construction, C -2962 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing of Notice of Award to the above bounded 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 obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19_ (Attach acknowledgement of So. C 1 Sandbags Attorney -in -Fact) Bidder i p J - dwre� Notary Public Authorized Si atpre /Title Peter Rasiiski, Owner Commission Expires M Title: 0 0 Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with an other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this day of 19 My Commission Expires: Notary Public , pt State of California SS. County of On 3c) befog me, Notary Public, perso ally appeared - .A personally known to me (or proved to me on the basis o Batts actory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official s . JWO-1. �� �ryRj'�.? AO. ^PICIAL SEAL Signatur (Seal) P � .� �.�qv Yu�e couvrvoaNin FD -1 (12190) • • L TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No CI. Bidder U NffKd,,I er Authorized Signature /Title iWv 9,L P 6j- M ,ke S om3b2.5 1YD /vN Tavgl. e &Gm 4-err,,1)x (d go-tY2t CI. Bidder U NffKd,,I er Authorized Signature /Title City of Newport Beach Utilities Department Bid Addenda No. 1 for the project titled: Rough Grading and Temporary Embankment Construction Plan Contract No. C -2962 Bid Documents Addenda No. 1: Bidders shall propose to complete Contract No. C -2962 in accord with the "PROPOSAL" as modified by this bid addenda. This is the first addenda to this contract. It consists of two (2) pages; this page and one (1) other as an attachment. The attachment is provided as additions, deletions and clarifications to the plans and special provisions. Bidders are required to include this page and the attachments when submitting their bid proposal. Bids will be opened by the City Clerk of the City of Newport Beach in the Clerk's Office at 3300 Newport Boulevard at 1:30 p.m. Tuesday, November 30, 1993. Warning! Bids submitted without all pages of this addenda signed, dated and attached to the bid proposal shall be rejected as "non- responsive." Jeff Staneart, P,E. Util ties Director & Project Manager Js: dsg Addendum received by: q Bidder: ,/, r� - S )915 S Date] 2- %' / 3 Signature: V 0Lr"w Page 1 of 2 for Addenda Number 1 (Sent November 26, 1993) The following changes, additions, deletions or clarifications shall be made to the contract documents; all other conditions shall remain the same. SECTION 1, PARAGRAPH 5 - Payment Add the following paragraphs: Payment for all unclassified excavation will be made at the Contract Unit Price per Cubic Yard. Measurement of the pay quantity for material removed from the borrow area will be based on the volume it occupies in the temporary embankment area in its final position. The City shall establish the volume based on a topographic survey before and after placement of temporary embankment fill. Borrow area excavation volume will not be considered in the calculation of pay quantities. The volume of the temporary embankment fill area will be the only basis for payment. Addendum received by: Bidder: C 4 SA ti 11 Date: 11 -2 %— y Signature: , (r "V-" Page 2 of 2 for Addenda Number 1 (Sent November 26, 1993) i • Page 7 NOTICE 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 (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. 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 except as modified by the Special Provisions. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. i:. ECUTED IN FOUR PARTS" • PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Bond: 93SX 799 846 00 Premium: Included with tV Performance Bonc WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to Southern California Sandbags hereinafter ,. designated as the 'Principal ", a contract for rough grading & temporary enbankment construction project (M- 5313 -S) Contract HC -2962 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We Southern California Sandbags as Principal, and American Motorists Insurance Comnanv as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Forty -One Thousand Two Hundred Fifty -Six & NOJ100 Dollars$ 41,256.00 )� said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to ray for any materials, provisions, or of .er 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, 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. Page 9 The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of. the California Civil Code so as to give a right of action to then or their assigns in any suit brought upon this bond as required by the provisions of Section 3247 et seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no charge, 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 die terms of the contract or to the work or to the spe(:ifications. In the event that any prind=al above named executed this bond as an individual, it is agreed that :he death of any suer, principal shall not exonerate the Surety from its obligations under this bond. LN W77,,ESS PVT- MRTEGF, :his instrument has been dulv r_rec ted by the Prin cpai and Surety above named, on he 16th day of December 19 93 Southern California Sandbags (deal) Name of tontracrcr Rlaincrap Authorized Signature and Title Authorized Signature and Title American Motorists Insurance Company (Seal) Nacre of Surety 7470 N. Figueroa Blvd., Los Angeles, Ca 90041 Address of Surety Signature and Title of Authorized Agent Doug Lane /Attorney -in -fact P. 0. Box 41375, Los Angeles, Ca 90041 Address of Agent 714) 771 -4701 Telephone Number of Agent State of California County of Orange On DEC 16 1993 before me, Susan E. Morales, Notary Public (DATE) INAME. TITLE OF OFFICER - I.E.. -JANE DOE. NOTARY PUBLIC- personally appeared Doug Lane (NAME(S) OF SIGNER(S)) I@ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence INDIVIDUAL(S) to be the person(s) whose name(s) is /are sub- CORPORATE scribed to the within instrument and acknowledged ­­111'1­ato me that he /she /they executed the same in OFFICIAL SEAL This /her /their authorized capacity(ies), and that by SUSPUSUC- ALIFO NOTARY PUBLIC- CALIFORNIA -his /her /their signature(s) on the instrument the COMMISSION# 96(053 � - person(s), or the entity upon behalf of which the Z ORANGE COUNTY MV Comm. Exp. December 6, 1996 person(s) acted, executed the instrument. OTHER: Witness my hand and official seal. W E 0 CAPACITY CLAIMED BY SIGNER(S) • INDIVIDUAL(S) • CORPORATE Number of Pages Date of Document OFFICER(S) • PARTNER(S) MTLE(S)) & ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR • OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITYIIFS)) American Motorists 1 Insurance Company (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOI TS FORM 63210 -ALL FURPI)SE ACI(NOWLEDGMENT WIN SIGNER CNPACMREPRESENTATION /FINGERPNINT -Rn.. 1292 41992 WOLCOTTS FORMS, ING Doug Lane of Orange, California its true and lawful agent(s) and atiorney(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked for and on Its behalf as surety, and as its act and dead: Any and all bonds and undertakings pprovided the amount of no one bond or undertakin exceeda ONE MILLION DOLLARS ($1,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the Payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond *ithin the dollar limit of authority as set forth herein. This. appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office-in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizences, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and hold on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of July , 1992 . Attested and Certified: F.C.Mctullough, Secretary AMERICAN MOTORISTS INSURANCE COMPANY COMPANY • ----- AMERICAN MOTORISTS INSU&CE e 4 Home Ofiicw: tong Grove, IL 60049 ®Rstman nURia POWER OF ATTORNEY onnranes , Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent(s) and atiorney(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked for and on Its behalf as surety, and as its act and dead: Any and all bonds and undertakings pprovided the amount of no one bond or undertakin exceeda ONE MILLION DOLLARS ($1,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the Payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond *ithin the dollar limit of authority as set forth herein. This. appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office-in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizences, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and hold on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of July , 1992 . Attested and Certified: F.C.Mctullough, Secretary (OVER) by J.S.Kemper,III,Sanior Vice President AMERICAN MOTORISTS INSURANCE COMPANY (OVER) by J.S.Kemper,III,Sanior Vice President • • STATE OF ILLINOIS SS COUNTY OF LAKE I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to ins to be the sane persons whose oases are respectively,as Senior Vice President and Secretary of the American . Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 4 -9 -96 1' "OFFICIAL SEAL° 1 Marilyn L Riley ► 1 Notary Public, State of Illinois ►. / My Commission Expires 919196 CERTIFICATION Mer yy L. Riley, Notary Pubtfor I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney.dated July 1, 1992 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the seam has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate) and I do further certify that the said J. S. Kemper, III and F. C -. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of DEC 16 !993 , 19 _ N.J.Zareds, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836 -5 6 -92 IN Power of Attorney - Term PRINTED IN U.S.A. BOND PREMIUM BASED ON gXECUTED IN FOUR PARTS" FINAL CGNTRACT PRICE FAITHFi 11. PERFORMANCE- E BOND KNOW ALL MEN BY THESE PRESENTS, That Bond: 93SM 799 846 00 Premium: $1,238.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to Southern California Sandbags hereinafter designated as the "Principal', a contract for rough grading s temporary embankment construction project (M- 5313 -S) Contract 4C -2962 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE•, We, Southern California Sandbags as Principal American Motorists Insurance ComDanv as Surety, are held and firmly found unto the City of Newport Beach, in the sum of Forty -One Thousand Two Hundred Fifty -Six & NO 1100 Dollars ($ 41,256.00 said sum being equal to 100 °0 of the estimated amount of the contract, to be paid to the said Citv or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th day of December 1993 , California Sandbags (Seal) ie of tractor (Principal) Authorized- Signature and Title Authorized Signature and Title American Motorists Insurance Company (Seal) Name of Surety 7470 N. Figueroa Blvd., Los Angeles, Ca 90041 Address of Surety Signature and Title of Authorized Agent Doug Lane /Attorney -in -fact P. o. Box 41375, Los Angeles, Ca 90041 Address of Agent _. 714) 771 -4701 State of California County of Orange On OEC 1 R )997 before me, Susan E. Morales, Notary Public (DATE( ( NAME. TITLE OF OFFICER - I.E.. -JANE DOE, NOTARY PUBLIC-) personally appeared (NAME(S) OF SIGNER(S)I s x 0 CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence TK7 to be the person(s) whose name(s) is /are sub- • scribed to the within instrument and acknowledged • to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by OFFICIAL SEAL ,i's . SUSAN E. MORALES his /her /their signature(s) on the instrument the NOTARY PUBLIC - CALIFORNIA person(s), or the entity upon behalf of which the COMMISS10Np8aoo59 ORANGE COUNTY person(s) acted, executed the instrument. « "' My Comm. Exp. December M 19913 Witness my hand and official seal. (SEALI (SIGNATURE OF NOTARY) s x 0 CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑ CORPORATE SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENT"(IES)) American Motorists Insurance Company ATTENTION NOTARY: The mformation requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document WOLCOTTS NORM 4 7240 —ALL PURPOSE AMOWLEOGMENT WITH SIGNER CAPACITY /REPRESENTATION /RNGERPRINT —Rev. 12 -92 01992 WOLOOTTS FORMS, INC. OFFICER(S) ❑ PARTNER(S) (mLE(s)) TK7 ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR • OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENT"(IES)) American Motorists Insurance Company ATTENTION NOTARY: The mformation requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document WOLCOTTS NORM 4 7240 —ALL PURPOSE AMOWLEOGMENT WITH SIGNER CAPACITY /REPRESENTATION /RNGERPRINT —Rev. 12 -92 01992 WOLOOTTS FORMS, INC. ISSUEDA (MwDMY7 12 -23 -93 _EiTE.i7S PRODUCER 4w KNOX GENERAL INSURANCE BROKERS COMPANIES r ORDINGCOVERAGE A CANADIAN INS. CO. 226 S. Glassell Street Orange, CA 92666 LCOMPANY COMPANY B (714) 744 -3300 LETTER INSURED SOUTHERN CALIFORNIA SANDBAG COMPANY C LETTER Peter Rasinski YD LETTER 12620 Bosley Ln. Corona CA 91719 COMPANY LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 POLICES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. co LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURANCE BASIS ONLY) GENERAL AGGREGATE $ 1,000, A COMMERCIAL COMPREHENSIVE C S P 161494 10/6/9- 10/6194 PRODUCTSICOMPLETED OPERATIONS AGGREGATE $ 1,000, OWNERS & CONTRACTORS PERSONAL INJURY $ 1,000, PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTSICOMPLETE EACH OCCURANCE $ 1 OOO OPERATIONS , , XCU HAZARDS BROAD FORM PROPERTY DAMAGE FIRE DAMAGE $ 50, SEVERABILITY OF INTEREST CLAUSE (ANYONE FIRE) MEDICAL EXPENSES $ 5 P.1. WITH EMPLOYEE EXCLUSION REMOVED MARINE (ANY ONE PERSON) ' AUTOMOBILE LIABILITY COMBINED $ 1 000 SINGLE LIMIT + + ANY AUTO BODILY INJURY $ A ALLOWNEDAUTOS (PER PERSON) SCHEDULED AUTOS HIREDAUTOS SBA180313 10/6/93 10/6/94 BODILY INJURY (PER ACCIDENT) $ NON -OWNED AUTOS PROPERTY GARAGE LIABILITY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE A UMBRELLA FORM X L P 19 8112 10/6/93 10/6/94 OCCURANCE OTHER THAN UMBRELLA FORM $ 1,000, $ 1 , 000 , sraruroav WORKERS' COMPENSATION $ EACH ACCIDENT & $ DISEASE - POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE OTHER $ DESCRIPTION OF OPERATIONS /LOCATIONSNEHKXESIRESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: ROUGH GRADING AND TEMPORARY EMBANKMENT CONSTRUCTION C -2962 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER CANCELLATION _::.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING CITY OF NEWPORT BEACH COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF P.O. BOX 1768 NEWPORT BEACH B GI TERED M ATTENTION: ag F F S t,a,R-e a rt 3300 NEWPORT BOULEVARD 12 -23 -93 NEWPORT BEACH, CALIFORNIA 92658- 8915�%� AUiH0RhR6 REPRESENTATIVE ISSUE DATE 0 ATTACHED TO AND MADE PART OF POLICY SBA 1803130 --------------- ISSUED TO: SOUTHERN CALIFORNIA SANDBAG ADDITIONAL INSURED - AUTOMOBILE IT IS AGREED THAT THE "WHO IS AN INSURED" PROVISION IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION NAMED BELOW BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A COVERED AUTOMOBILE FOR SUCH INSURED BY OR ON BEHALF OF THE NAMED INSURED ARISING OUT OF WORK PERFORMED FOR THE ADDITIONAL INSURED. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH FORM U007 (4188) 0 THIS ENDORSEMENT IS ATTACHED TO AND FORMS PART OF POLICY NO: CSP 1614943 ISSUE TO: SOUTHERN CALIFORNIA SANDBAG ------------------------- -------- -- ---------- ----- - - - - -- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) named below but only with respect to liability arising out of operations performed for such insured by or on behalf of the named insured. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH Any person or organization named on the Certificate of Insurance whose contract with the Named Insured requires that they be named as an Additional Insured under this policy for ALL OPERATIONS performed by or on behalf of the Named Insured within the State of California. U023 2190 0 CITY OF NEWPORT BEACH Page 13 AUTOMOTIVE 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 (2) 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 is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: [ ] Multiple Limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ [ X] Combined Single Limit Bodily Injury Liability $ 1,000,000 and Property Damage Liability 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. 4. Should the policy be non - renewed, cancelled 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. 5. Designated Contract: Rough Grading and Temporary Embankment Construction, C -2962 (Project Title and Contract No.) This endorsement is effective 12 -9 -93 at 12:01 A.M. and forms part of Policy No. SBA 1803130 CALIFORNIA SANDBAG Issuing Company KNOX GENERAL INS. CANADIAN INS CO. (Company Affording Coverage) 5 0 0 CITY OF NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 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. 2. The policy includes the following provision: "The insurance afforded by the policy applies se arately to each insured against whom claim is made or suit is brought, except with respect to the limits of the liability of the company affording coverage." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (X J Commercial i ] Comprehensive General Liability $ 1,000,000 each occurrence $ 1,000,000 each occurrence The applicable limit of the 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). 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, cancelled 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 7. Designated Contract: Rnugh fradinn and Temporary Embankment Construction, C -2962 (Project Title and Contract No.) This endorsement is effective 12 -9 -93 at 12:01 A.M. and forms a part of Policy No.CSP1614943 of CANADIAN INS 00. (Company Affording Coverage) ProducerKNOX GENERAL INS. By: (Authorized Representative) 0 • CONTRACT Page 15 THIS AGREEMENT, entered into this 4th day of January 19 94 , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Southern California Sandbags hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Rough Grading & Temporary Embankment Const, C -2962 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Rough Grading & Temporary Embankment Const. C -2962 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 forty One Thousand Three Hundred and Eighty Two Dollars and 80/100 ($ 41,382.80 ) This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsements(s) 0 0 Page 16 (f) Plans and Special Provisions for Rough Grading nd Temgorar-v Fmhankmant rnn,;trllGti0n, r.-2862 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: City Clerk CITY OF NEWPORT BEACH a municipal corporation By: m,14 �- /V Mayor APPROVED AS TO FORM: CONTRACTOR: So. Cal. Sandbags Attorney Name 719T' ract (P ia� 2 CV A%451- Authorized Signature and Title Peter Rasinski, Owner Authorized Signature and Title • • TABLE OF CONTENTS SPECIAL PROVISIONS SECTION 1 - SCOPE AND CONTROL OF THE WORK 1 -1 General 1 -2 Definitions 1 -3 Scope of Work 1 -4 Completion Schedules 1 -5 Payment 1 -6 Liquidated Damages 1 -7 Permits and Licenses 1 -8 Pre Bid Conference 1 -9 Pre - Construction Conference 1 -10 Conferences 1 -11 Inspection of the Plans and Specifications by the Contractor 1 -12 Local - Conditions 1 -13 Contractor's Records /As -Built Drawings 1 -14 Safety 1 -15 Protection of Utilities 1 -16 Construction Survey Staking 1 -17 Water and Power 1 -18 Contractor's Work Area 1 -19 Testing and Inspection 1 -20 Dust /Noise Control 1 -21 Sanitary Facilities 1 -22 Indemnification of the Consulting Engineer 1 -23 Supplementary Information SECTION 2 - CONSTRUCTION MATERIALS 2 -1 Erosion Control SECTION 3 - CONSTRUCTION METHODS 3 -1 Fence Removal 3 -2 Unclassified Grading 3 -3 Settlement Plates 3 -4 Erosion Control SECTION 4 - APPENDIX APPENDIX A - Reduced Plan Set CITY OF NEWPORT BEACH • UTILITIES DEPARTMENT SPECIAL PROVISIONS ROUGH GRADING AND TEMPORARY EMBANKMENT CONSTRUCTION PROJECT (M- 5313 -S) CONTRACT NO. C -2962 SECTION 1 - SCOPE AND CONTROL OF THE WORK 1 -1 General All work shall be performed in accord with these Special Provisions; the Plans (Drawing No. M- 5313 -S); the City's Standard Special Provisions and Standard Drawings for Public Work Construction; copies of which are available for purchase at the Public Works Department, City Hall Complex at 3300 Newport Boulevard, Newport Beach, California, 92663 for Ten dollars ($10.00). In addition all work shall be performed in accord with the Standard Specifications for Public Works Construction (SSPWC), latest edition; copies of which may be purchased from Building News, Inc. 3055 Overland Avenue, Los Angeles, California, 90034, (213) 202 -7775. 1 -2 Definitions Consulting Engineer DM` Engineering 18 Technology Drive, Suite 100 Irvine, California 92718 (714) 753 -9393 See City of Newport Beach Public Works Department Standard Special Provisions for additional definitions. 1 -3 Scope of Work The work to be done under this Contract consists of the following: a. Disposal of an existing fence and all related appurtenances. b. Installation of settlement plates with appurtenances. C. Excavation and grading for construction of a temporary embankment (surcharge). d. Grading of an earth channel. e. Erosion control including sandbag placement, temporary downdrain with appurtenances, temporary sandbag embankment with appurtenances, and removal of silt from an existing storm drain. SP -2 1 -4 Completion, Schedule and Prosecution of the Work 1 -4.1 Completion Schedule The Contractor shall complete all work under the Contract within thirty (30) calendar days from the date of award of the contract by the City Council. 1 -4.2 Prosecution of Work No work shall begin until a schedule of work has been approved by the City. The Contractor shall submit a construction schedule to the City for approval a minimum of five (5) working days prior to commencing any work. The schedule may be bar chart or CPM style and shall be on a weekly progress basis showing line item activities of work by the Contractor. The City will review the schedule and may require the Contractor to adjust to the requirements of the City. 1 -4.3 Working Hours Working hours are limited to 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturdays per Section 10 -28 of the Newport Beach Municipal Code. Should the Contractor elect to work later than 5:00 p.m. weekdays or at anytime Saturday, he must first obtain special permission from the City. A request for working during any of these hours must be made at least 72 hours in advance of the time period. A separate request must be made for each work shift. The City reserves the right to deny any or all such requests. Additionally, the Contractor will be required to pay for inspection during these periods when such work is approved. No work will be permitted on Sundays and holidays which disturbs or could disturb, a person of normal sensitivity who works or resides in the vicinity. "Holiday" shall be defined as January 1, the third Monday of February (President's Day), the last Monday in May (Memorial Day), July 4, the first Monday in September (Labor Day), November 11 (Veteran's Day), the fourth Thursday in November (Thanksgiving), and December 25 (Christmas). If January 1, July 4, November 11 or December 25 falls on a Sunday, the following Monday is a holiday. SP -3 i 1 -5 Payment The prices shown on the proposal shall be considered full compensation for all labor, equipment, materials, etc. necessary to complete the work in place and no additional allowance will be made therefore. Payment for incidental items of work not separately listed shall be included in the price shown for other related items of work. 1 -6 Liquidated Damages Failure of the Contractor to complete the work within the time specified will result in significant damages being sustained by the City. All work specified under this contract shall be completed within the time specified for completion or the Contractor shall pay the City as liquidated damages, the sum of one thousand dollars ($1,000) per calendar day for each and every calendar day's delay in completing the work in excess of the specified time, plus any authorized time extension, pursuant to Government Code 53069.85. 1 -7 Permits and Licenses The Contractor shall obtain all necessary permits for the proposed construction and grading. The City permit fee for grading shall be waived. The permits contain requirements which may affect the cost of the project work. The Contractor shall be responsible to comply with all permit requirements. At the time of the bid and until completion of the work, the Contractor shall possess a General Engineering Contractor "Class A" or Earthwork and Paving Contractor "Class C -12" License. In addition, at the start of work and until completion of work, the Contractor shall possess a valid business license issued by the City of Newport Beach. 1 -8 Pre -Bid Conference A pre -bid conference will be held at 2:00 p.m. on Tuesday, November 23, 1993. The conference will be held at the office of the City of Newport Beach, Utilities Department located at 949 West 16th Street in the City of Newport Beach. This conference is not mandatory. SP -4 1 -9 Pre - Construction Conference A pre - construction meeting shall be scheduled 48 hours prior to the start of construction with the following people, or their representatives, present: Newport Beach Utilities Department, Consulting Engineer, City Inspector. Required field inspection will be outlined at the meeting. This meeting is mandatory. 1 -10 Conferences At any time during the progress of the work, the City shall have authority to require the Contractor to attend a conference including any or all of the subcontractors engaged in the work, and any notice of such conferences shall be duly observed and complied with by the Contractor. 1 -11 Inspection of the Plans and Specifications by the Contractor The Contractor shall familiarize himself with the plans and specifications. Should he discover any discrepancies or omissions in them, he shall at once report his discovery in writing to the City for a decision on its' correction, revision or clarification. The decision of the City shall be final. 1 -12 Local - Conditions Bidders shall read each and every clause of the specifications, examine the drawings, and shall satisfy themselves by personal investigation, on the site, as to local conditions affecting the work. Information on existing conditions including the location of utilities and other structures were derived from record plans, and specifications. These facilities should be regarded as approximate and should approached with caution. Each bidder or his representative shall visit the site of the work and familiarize himself with local conditions, and shall investigate the material and take his own boring (with prior City approval) as deemed necessary. The work area may contain debris, rubbish and other material. The presence of and any required removal and disposal of any material or object so encountered shall be considered in the price of the bid for construction. The bidder shall determine the actual condition and requirements of the work, the character and amount of all classes of labor and materials that may be required, and all circumstances and conditions that may affect the cost of the work. They shall include in their unit prices any and all expenses or costs that may be necessary to complete the project in accord with the requirements of the Contract. SP -5 The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as they are supposed or believed, by the Consulting Engineer, to exist. It is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually exist. Except as otherwise specifically provided in the contract documents, the City, the Consulting Engineer, and their consultants shall not be liable for any loss sustained by the Contractor as a result of any variance of such on the plans and the actual conditions revealed during the progress of the work or otherwise. 1 -13 Contractor's Records /As -Built Drawings The Contractor shall maintain books, records and documents in accord with generally accepted accounting principles and practices. These books, records and documents shall be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the City or to its authorized designated representative. Suitable facilities are to be provided for access, inspection and copying of this material. The stamped and signed set of approved plans and specifications shall be on the job site at all times and in addition, the contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of prints, for this purpose only, shall be kept at the job site at all times. It shall be required that these drawings be up -to -date and so certified by the City's Inspector at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the plans. The "As- Built" corrections plans shall be verified by the City prior to final payment or release of any bonds. 1 -14 Safety In accord with the generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during any performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rule, regulations and orders relating to safety of the public and workers. The right of the Consulting Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on or near the construction site. owl 1 -15 Protection of Utilities The Consulting Engineer has endeavored to determine the existence of utilities at the site of the work from the records of known utilities in the vicinity of the work. The approximate location of utilities in the project area have been shown on these plans. Prior to excavating in the vicinity of these utilities, the Contractor shall notify Underground Service Alert. The Contractor shall be responsible for verifying the actual location and elevation of all utilities in the field prior to start of construction by pot - holing all crossings and connections by hand excavation methods. The Contractor shall protect all existing utilities from damage, whether they are shown or not. The existing utilities are to remain in place and be protected against damage during construction operations. The Contractor shall not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by the City. If the existing utilities interfere with construction, the Contractor shall submit drawings showing methods, material and sequences of operation for continuing construction and maintaining utility services. The Contractor shall not turn off or shut down any utilities at his convenience. No additional cost will be acceptable nor time extension granted, if a delay in work is caused by inconvenience. 1 -16 Construction Survey Staking The City will provide one (1) set of field stakes for clearing and grubbing, grading and location of the settlement monitoring plates. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two (2) working days in advance of the time that stakes are needed. 1 -17 Water and Power The contractor will be responsible for obtaining any water required for his operation. If the Contractor elects to use City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage. The Contractor will be responsible for obtaining any power required for his operation. SP -7 1 -18 Contractor's Work Area 0 It shall be the responsibility of the Contractor to coordinate with the City; the area or areas that can be used for equipment parking and material storage. The Contractor's and subcontractor's personnel shall be required to park all personal vehicles in areas designated by the City. 1 -19 Testing and Inspection The City shall select the independent testing laboratory and pay for all testing as specified in the various sections of the special provisions. When, in the opinion of the City, additional tests or inspections are required because of unsatisfactory results in the manner in which the Contractor has executed his work, such tests and inspections shall be paid for by the Contractor. The City will perform the necessary inspections. The Contractor shall furnish the City full information as to the progress of the work in its various parts and shall give the City timely (48 hours minimum) notice of the Contractor's readiness for inspection. All materials and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the City. 1 -20 Dust /Noise Control Dust shall be controlled by watering and /or dust palliative in accord with City of Newport Beach requirements. Noise, excavation, delivery and removal shall be controlled per Section 10 -28 of the Newport Beach Municipal Code. 1 -21 Sanitary Facilities Sanitary facilities shall be maintained on the site during the construction period. Use of City facilities will not be allowed. 1 -22 Indemnification of the Consulting Engineer Contractor shall name the Consulting Engineer as an additional insured on all policies of insurance related to the performance of this contract. -1 1 -23 Supplementary Information A preliminary geotechnical study was performed and a corresponding report dated November 3, 1993 was prepared by: Converse Consultants 15245 Alton Parkway, Suite 100 Irvine, CA 92718 -2307 It shall be the Contractor's responsibility to thoroughly familiarize himself with the above reports. There is no warranty or guarantee, either expressed or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas. The preliminary geotechnical study will be available for review at City of Newport Beach, Utilities Department, 949 West 16th Street, Newport Beach, CA 92663. SP -9 a SECTION 2 -CONSTRUCTION MATERIALS 2 -1 Erosion Control Erosion control shall be provided as shown on the plans. Plastic barrier shall be 10 mil thick. The 12" corrugated metal pipe shall be 16 gauge. The 12" slope anchors shall be Alhambra Foundry A -4022 or equal. Sandbags shall be as shown on the plans. SECTION 3 - CONSTRUCTION METHODS 3 -1 Fence Removal Shall include removal of the existing fence, posts and foundations. The limits of removal are shown on the plans. 3 -2 Unclassified Grading Shall include rough grading (excavating) the borrow area and the temporary earth channel and placement of all excavated material to the temporary embankment (surcharge) elevations indicated on the plans. Place on -site fill material with nominal compaction to attain a moist density of at least 110 pcf. Grading shall be done in accord with Section 300 -2 and 300 -4 respectively of the Standard Specifications for Public Works Construction. 3 -3 Settlement Plates Install three (3) settlement plates at elevation 64 feet MSL; two (2) in the proposed reservoir and ravine area and one (1) southerly of the proposed reservoir in the ravine as shown on the plan. Elevations of the settlement plates will be taken, by the City, daily during filling and twice weekly after reaching finished grade. 3 -4 Erosion Control Plastic barrier shall be placed from the bottom of the temporary downdrain to the top maintaining 18" minimum overlap for each section of plastic barrier. 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NOV 8 1993 1 APPROVED Novem•8, 1993 CITY COUNCIL AGENDA ITEM NO. I to TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR ROUGH - GRADING & EARTHWORK UTILITIES YARD SITE WORK (CONTRACT NO. 2962) GROUNDWATER DEVELOPMENT PROJECT EIR ADDENDUM RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids for construction of the project. a. Bids to.�- opened at 1:30 p.m., on the afternoon of Tuesday, November 30th, 1993, at the office of the City Clerk. 3. Adopt the finding contained in the staff report pertaining to the Addendum to the FEIR for the Groundwater Development Project. BACKGROUND & DISCUSSION: This portion of the City's Groundwater Development Project provides for the rough - grading and preliminary earthwork necessary to complete the 3.0 million gallon water storage reservoir at the Utilities Yard Site located at 949 West 16th Street. As a part of the City's plan to expand the Utilities Yard Site for reservoir and pump station construction, a geotechnical engineer was retained to perform soils sampling and a detailed seismic and soils evaluation. The consultant has completed the geotechnical investigation and has prepared a report of findings and recommendations for design and construction of the reservoir, pump station and other site improvements. The geotechnical report recommended that the City construct a temporary earth embankment (fill) in the ravine area adjacent to the Utilities Yard Site in order to avoid more costly pile foundation construction or a thickened -slab reservoir. Following this cost - saving recommendation, staff retained a consulting civil engineering firm to prepare grading plans and construction specifications from which to build the temporary surcharge embankment. 010 • Page 2 Aggh- grading for Reservoir Authorization to Advertise Bids November 8, 1993 Placement of the temporary surcharge embankment will compress soil layers which lie under the proposed reservoir such that they will not settle significantly after the reservoir is built and filled with water. If this surcharge embankment is not placed, soil settlement of over 6 inches could occur under the center of the proposed reservoir. To construct the temporary embankment, dirt from the adjacent area will be moved into the ravine where surcharging is needed. Because this method of reservoir foundation preparation was not considered in the environmental impact report for the Groundwater Development Project, an addenda has been prepared to address the additional grading it requires. DISCUSSION ON COMPLIANCE WITH CEQA In accord with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3, Final EIR No. 151 for the Groundwater Development Project was prepared and certified by the City Council on January 25, 1993 (Resolution No. 93 -2). At the time the EIR was prepared and certified, all of the detailed design studies related to the Groundwater Development Project and its project components had not been completed. The Final EIR included a biological survey based on preliminary plans delineating the project area that would be disturbed. The soils studies and a grading plan have now been completed for the water storage reservoir and pump station at the Utilities Yard. These studies indicate the need for more extensive grading and soil surcharging than originally assumed in the area of the reservoir. The City's geotechnical consultant found this to be necessary in order to eliminate the potential for differential soil settlements that could cause damage to the reservoir structure or its connecting pipelines. On the basis of these studies, it has been determined that the total area affected by grading and surcharging for the reservoir construction will cover approximately 4.3 acres. A small portion of this area was not included in the original biological survey prepared as part of the EIR, therefore, the City has conducted a supplemental biological survey to determine whether the expanded area of disturbance includes any sensitive resources that would require additional mitigation or would change the conclusions contained in the Final EIR. The City retained an independent consultant, Glen Lukos Associates, to perform a biological survey of the site and the affected surrounding areas. The biological study determined that the additional area which will be disturbed contains mostly ruderal grasses, weeds and other exotic species, and that no significant native vegetation or wildlife habitat are present. A portion of the area is located in a ravine, but no riparian vegetation or wetland soils are present, therefore, the area does not qualify as a stream - bed subject to Department of Fish & Game or Corps of Engineers jurisdiction. • Page 3 R•h- grading for Reservoir Authorization to Advertise Bids November 8, 1993 No other potential impacts were identified that have not been addressed in the Final EIR, and no additional mitigation measures are required. Section 15164 of the CEQA Guidelines provide that the Lead Agency shall prepare an addendum to an EIR, if only minor technical changes or additions are necessary to make the EIR adequate for the proposed action, and these changes do not raise important new issues about the significant effects on the environment. Pursuant to the requirements of Guidelines under Section 15164, an addendum to Final EIR No. 151 has been prepared to address potential impacts associated with the additional grading required in connection with the construction of the storage reservoir and pump station. On the basis of the supplemental biological survey, the addendum concludes that the necessary revisions to the analysis contained in FEIR No. 151 represent only minor changes and do not raise any new issues or alter the conclusions of the EIR regarding the environmental impacts of the project. No new significant impacts will result, and no additional mitigation measures are required as a result to the revisions to the project. SUGGESTED CEQA ACTION Staff suggests that Council adopt the friding that: Final EIR No. 151, previously certified on January 25, 1993, and Addendum No. 1 to the Final EIR were considered prior to approval of the project. Together they were determined adequate to satisfy all requirements of CEQA. The Addendum does not raise any important new issues regarding the environmental effects of the project. The Final EIR and Addendum reflect the independent judgment of the City Council. The Addendum No. 1 to Final EIR No. 151 is an attachment to this staff report. ROUGH - GRADING & TEMPORARY EMBANKMENT CONSTRUCTION The rough - grading and temporary embankment construction plans have been prepared to minimize duplicated efforts in future project phases. The plans and specifications were prepared by a private consulting civil engineering firm. The plans provide for construction of the temporary surcharge embankment using soils contained entirely on the two lots adjacent to the existing site. This construction strategy avoids any costs or timely delays associated with finding suitable dirt or fill materials from other non -local sites. Under this plan earth hauling costs are minimized. The project will involve moving or placing approximately 25,000 cubic yards of earth materials. Work will be confined to the two lots adjacent to the Utilities Yard Site. These two lots are owned by the Armstrong Petroleum Corporation. The property owner has expressed a willingness to execute a right -of -entry agreement with the City to allow construction. The right -of- entry agreement will be presented to the Council for consideration at the Council meeting scheduled for December 13th, 1993. • Page 4 RoTigh- grading for Reservoir Authorization to Advertise Bids November 8, 1993 The proposed rough grading and temporary earth embankment construction project construction will be performed by a private contractor. The Engineers' Estimate for the grading construction costs is $72,700. The costs are distributed as indicated below. Funds for the work are available in the water capital projects budget related to the City's Groundwater Development Project. Funds are available in the Water Fund under Capital Projects Account No. 7503 - 98500218. Engineers' Cost Estimate Item Amount Clear & grub site $2,700 Site excavation & temporary till & embankment placement 50,100 Over- excavation & earth movement 1,100 Construct temporary drainage swale 11,800 Install temporary settlement monitoring plates 3,000 Provide erosion control 4,000 Total Estimated Cost $72,700 The estimated time of completion for this rough - grading and earthwork is 21 calendar days. The City proposes for the contractor to commence construction as soon as is practical to allow adequate time for the temporary earth embankment to compress the underlying soils sufficiently. The geotechnical engineer recommends that the surcharge embankment be left in place for approximately six weeks. If the City awards the contract immediately after bids are received, (at the first Council Meeting in December), the resulting completion date should be January 4th, 1994. Timely action by the City will insure that the overall reservoir and pump station project schedule can be maintained. Staff recommends approval of the listed actions. Respectfully submitted, JEFF GrAnJ r420t— Jeff Staneart, P.E. Utilities Director JS: sdi Attachment: "A ": Addendum No. 1 to Final EIR No. 151 0 0 ADDENDUM NO. 1 TO FINAL EIR NO. 151 STORAGE RESERVOIR AND PUMP STATION NEWPORT BEACH GROUNDWATER DEVELOPMENT PROJECT Prepared by: City of Newport Beach Planning Department October 29, 1993 0 Introduction 0 On January 25, 1993 the Newport Beach City Council adopted Resolution No. 93 -2 certifying Final EIR No. 151 (State Clearinghouse No. 91121068) for the Newport Beach Groundwater Development Project. The project consists of the development of new water wells along with a water transmission line, storage reservoir and appurtenant facilities to serve the needs of the residents of Newport Beach. At the time the EIR was prepared and certified, all of the detailed design studies had not been completed for the project. The EIR included a biological survey based on preliminary plans delineating the project area that would be disturbed. Soils studies and a grading plan have now been completed for the water storage reservoir and pump station. These studies indicate the need for more extensive grading and soil surcharge than originally assumed in the area of the reservoir in order to eliminate the potential for differential soil settlement that could damage the reservoir structure. On the basis of these studies it has been determined that the area affected by grading and surcharge for the reservoir will cover approximately 4.3 acres. A small portion of this area was not included in the original biological survey prepared as part of the EIR, therefore the City has conducted a supplemental biological survey to determine whether the expanded area of disturbance includes any sensitive resources that would require additional mitigation or would change the conclusions contained in the Final EIR. This addendum presents the results of the supplemental biological investigation. Revised Project Description The Groundwater Development Project includes construction of a 3- million- gallon reinforced concrete storage reservoir and pump station at the southerly terminus of the new transmission line adjacent to the Utilities Yard located at 949 West 16th Street. As noted above, detailed engineering and soils studies have indicated that more extensive grading than assumed in the Final EIR will be required for construction of the reservoir and pump station. A copy of the site plan and grading plan is attached. Analysis The detailed site plan and grading plan for the reservoir and pump station were evaluated to determine whether there is any potential for environmental impacts beyond those described in Final EIR 151. This evaluation showed that an area of approximately 4.3 acres will be graded or excavated to prepare the area for construction of the concrete reservoir structure and pump station. A small portion of this area, immediately south of the reservoir site contains a ravine that was not surveyed as part of the original EIR, therefore, the City retained an independent consultant, Glenn Lukos & Associates, Inc. to conduct a supplemental survey of the site for the purpose of determining whether any sensitive resources would be impacted. A copy of the survey report is attached. The biological survey determined that the additional area which will be disturbed, contains mostly ruderal grasses, weeds and other exotic species, and no significant native vegetation or wildlife habitat are present. A portion of the area is located in a drainage course, but no riparian vegetation or wetland soils are present, therefore, the area does not qualify as a streambed subject to Department of Fish and Game or Corps of Engineers jurisdiction. No other potential impacts were identified that have not been addressed in the Final EIR, and no additional mitigation measures are required. Addendum No. 1 to Final EIR 151 Newport Beach Groundwater Development Project 0 Conclusion E In accord with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K -3, Final Environmental Impact Report No. 151 was prepared for the Groundwater Development Project and was certified by the City Council on January 25, 1993. Public Resources Code Section 21166 provides that: "When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report. (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available." The proposed revision to the project has been evaluated and it has been determined that none of the conditions described in Section 21166 exist, therefore, no additional EIR is necessary. Section 15164 of the State CEQA Guidelines provides that the Lead Agency shall prepare an addendum to an EIR if only minor technical changes or additions are necessary to make the EIR adequate for the proposed action, and these changes do not raise important new issues about the significant effects on the environment. Pursuant to the requirements of Guidelines Section 15164, this addendum to Final EIR No. 151 has been prepared to address potential impacts associated with the additional grading required in connection with the construction of the water storage reservoir and pump station. On the basis of the biological survey attached hereto, this addendum concludes that the necessary revisions to the analysis contained in EIR No. 151 represent only minor changes and do not raise any new issues or alter the conclusions of the EIR regarding the environmental impacts of the project. No new significant impacts will result, and no additional mitigation measures are required as a result of the revisions to the project. Attachments 1. Biological Survey Addendum No. 1 to Final EIR 151 Newport Beach Groundwater Development Project FROM -GLENN LUIMS ASSOC. • TO:714G443250 OCT 2e GLENN LUKAS ASSOCIATES Regulalory Serviccis October 28, 1993 Mr. John Douglas City of Newport Beach 33(10 Ncwlxarl 131vd Newport Beach, California 92063 1993 4:lePM P.02 777 �7 Subject: Ikcscivoir Site for the Newport Beach Groundwater Development Project Dear Mr. Douglas: This letter report sununariz s our preliminary findings of U.S. Army Corps of Bngincerx (Corps) and California Department of Fish and Game (CDFG) jurisdiction for the above- refercoccd situ. Also provided is a description (including a species list) of the vegetation to be impaciml by grading activities neux%sary for installation of the underground reservoir. The project site is part of the Newport Beach Groundwater Development Project and is located on the property of the city of Newport Beach covering approximately 4.3 acres. The si(o is bordered on the, east by the city of Newport Beach maintenance yard and by an athletic field of an adjacent school, No blue -lint streams (as depicted on the U.S. Geological Survey (USGS) topographic map Newport 13eacb, C'tdiforuia Jdated 1965 and phoforevised in 198]]) arc located within the project boundaries. At the subject site, it three million gallon reservoir will be installed for storage purposes. Installation will require cut and fill operations which will result in the partial filling of a ravine on the site. It is the partial filling of the ravine which is addressed in this report along with impacts to the surrounding vegetation. U.S. Army Coorps of Engineers Jurisdiction Put:suanl to Section 404 of the Clean Water Act, Ulu Corps regulates the discharge of drulged antlAw fill utatcrial into waters of the United States. The term "waters of the United States" is defined tit 33 CFR Part 328 and includes (1) all navigable waters (including all wa(cis subject to the ebb and Ilow or the lido), (2) all interstate waters and wetlands, (3) all other waters such as intrastate lakes, rivers, streams (including inlennillculstreams), tnudflats, sand0ats, wcllands, sloughs, prairie potholes, wet meadows, playa lakas, or natural ponds, file use, degradation or dastructiun of which could affect interstate. or foreign commerce, (4) all impoundments of waters mentioned above, (5) all tributaries to waicts mentioned above, (C,) the territorial seas, and (; }a8 wetlands adjacent to waters mentioned above, In the absence of wetlands, file limits of Corps jurisdiction in non -tidal waters, such as intermittent xtrcams, extend to the ordinary high water mark (0)IWM) which is defined at 33 C17R 328.3(c) as: ...that line, on the shore established by the fluctuation of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, 23441 South Poinle Drive Suite 150 Laguna Hills, California 926b3 lc;lephone: (714) 837 -0404 Facsimile: (714) 837.5834 FROM :GLENN LUKpS ASSOC. • TO:7146443250 OCT 2e, 1993 4 :19PM P.03 John Douglas October 28, I9W Page 2 changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the chardcterislics of the surrounding areas. Wetlands are defined at 33 CPR 328.3(b) as "those areas that arc inundated or saturated by surface or ground water at a frequency and duration sufficient to support ... a prevalence of vegetation typically adapted for life in saturated soil conditions." The mclltodulogy sot forth in ilia 1987 Wetland Manual generally rcquirea that, in order to be considered a wetland, the vegctnlion, soils, and hydrology of an area exhibit at least minimal hydric charactcristics. While ilia manual provides great detail in methodology and allows for varying special conditions, it wetland should normally meet the following three criteria: (1) more than SO percent of the dominant plant species at the site must be typical of wetlands (i.e., rated as facultative or welter in the National Lit of I'litnt Sn"i rot Occur in WC (Rill t3t ); (2) soils must exhibit physical and /or chcmieal characteristics indicative of permanenl or periotlic saturation (e.g., a glcyed color, or mottles with a matrix of low chroma indicating a relatively consistent fluctuation between aerobic and anaerobic conditions); and (3) hydrologic characteristics must indicate that ilia ground is saturated to within 12 inches of the surface for at least five percent of the growing season during a normal rainfall year? California i)gartntent or Fish and Game Jurisdiction Pursuant to Division 2, Chapter 6, Sections 1600 -1603 of the California Fish and Game Code, the ta7PG regulates all diversions, obstructions, or changes to the natural flow or bed, channel, or hank of any river, stream, or lake which supports fish or wildlife. CDPG defines a "stream" (including cracks and rivers) as "a body of water that. llows at least periodically or intermittently through a bad or channel having banks and supports fish or other atputic life. 'Phis includes watercourses having surface or subsurface flow that supports or has supported riparian vegetation." CDrO's definition of 'take" includes " natural lakes or man -made reservoirs." C'1-)FG jurisdiction within altered or artificial waterways is based upon the value of those waterways to fish and wildlife. CDFG Legal Advisor has prepared the following opinion: tReed, Y.B., Jr. 1988. National LisLof Plant Species that Occur in Wetlands. L1,S, fish and Wildlife Service Biological Report FS(26.10). 2For most of low -lying southern California, five percent of the growing season is equivalent to 18 days. F12DM:OLENN LUKOS ASSOC John Douglas OWOhcr 2K, 1993 Page 3 0 TO:7146443250 4T 213, 1993 Natural waterways that have been subsequently modified and which have file potential (n contain fish, aquatic insects and riparian vegetation will be treated like natural waterways.,. Artificial waterways that have acquired the physical attributes or natural stream courses and which have been viewed by the community as natural stream courses, Should be treated by JCDFG] as natural waterways.., Artificial waterways without the attributes of natural waterways should gencrahy not he subject to Nish and Game Code provisions... 4:20PM P.04 Thus, CDFG jurisdictional limits closely mirror those of the Corps. Exceptions arc CDT-G's cxcluslon of isolated wellands (those not associated with a river, stream, or lake); the addition of arlilicial stock lxmds and irrigation ditches constructed on uplands; and the addition of riparian habitat supported by it rive :r, stream, or lake regardless of the riparian area's federal wetland status. Kesulls Ihe Nile. contains a ravine which splits into two branches (a north branch and it south branch), approximately IW feet south of the placement Site for concrete reservoir, Mic bottom of the ravine supports no riparian vegetation within the boundaries of the project sitc.'3 A culvert cmplics into the northern branch providing a possible intermilt nt source of water. 'lice only source: of water for the southern branch, which begin,.; abruptly at a large headcut, comes from rainfall and related runoff from the adjacent field and athletic field. Impacts to Corps Jurisdiction The partial filling of the ravine will result in no impacts to Corps jurisdiction on the Nil: for the. following reasons; There are no signs of an Ordinary High Water Mark such as lines impressed on the hank, shelving, signs of debris, or flow marks. 2. ''here. are no wetland indicators (hydrophytic vegetation, hydric soils or wetland hydrology) present. 3. As stated above, the hydrology of the area has been altered siguilicai ly by development over the course of many years. Presently, the only source ()['water for file ravine is from a culvert, from direct rainfall into the ravine, and from runoff from the packing lot of the maintenance yard for the city of Newport Beach and from the school athletic Geld adjacent to the project site. 3There arc some arroyo willows (Sahr lasiolep6r) approximately 500 feet below the pcojmt site. . FPGM:GLENN LUKOS ASSOC. John Douglas October ltd, 1993 Page 4 • TC:714G443250 Impacts to CDFG Jurisdiction *T 28, 1993 •' - , ']'be partial filling of the ravine will result in no impact to CDPG Jurisdiction on the site for the following reasons: I. 71cm is no riparian vegetation within any portion of the ravine on the project site' 2. '17tc ravine is not part of any surface drainage system, but begins abruptly on the, site. The south branch begins abruptly in what appears to have been an agricultural field which has been graded in the past. This is evident from the regular topography of the field which grades into the adjacent athletic field of the school. Ilahitat Assessment The vegetation on the project site consists of a predominance of introduced weeds, sonic native species common to disturbed areas, and a few native shrubs. Overall lbc habitat is highly degrnded holli within the ravines, on the sides of the ravines and on the terraces above the ravines. Of the 27 plant species on the site 14 are introduced weeds, six are native plants typically found in disturbed places, six are native, herbs and shrubs common to a variety of coastal habitats, and one is an intoduced native (Yucca baccata, normally found in the Mojave Desert). Introduced Weauls Abiplcr semibaccala - Australimr saltbush Avers /alma - wild oats Practira idgm - black mustard Broncos mathilensir rubcrrs - red brume Ceataurea melitensi.r - locolote Conyza canaclensis - giant horsowced Cerardcuia scllanun - pampas grass Cyauura carrhutculus - cardoon llirschfieldia incana - biennial mustard Aliumbiumt vulgare - horehound Rapbamis salivus - wild radish Richum co mmunic - castor bean Rupitej' r4iinis - docks &rlsola lragus - Russian thistle °'lac bottom of the ravine supports little vegetation due to disttrbaatcc by various types of vehicular traffic. The banks, however do support significant ruderal vegetation, and these contain no riparian vegetation. FROM :GLENN LUKOS ASSOC. • TO :7146443250 OCT 28, 1993 4 :21PM P.06 John Douglas October 28, 1493 Page 5 Native Plants Commuo to Disturbed Arens Ambrosia aemrlhicarpa - aavuud ragwood Ambrosia psiloslarhjw - western ragweed rremocnrpus seligems - dove weed Cirindelia cnngwnun - gurraplaral Ilemizonin paniculala - larwced lieferorheca grnndiflora - (clegraph weed Native Herbs or Shrubs Uminion to C(mstal l:xposums Uislicldis spirala - seltgmss Mmikenia salina - alkali heath Lsucorm menzie.sh vernrnwides - coast golden bush Isonaeris ar'horea - bludtlet'pod Rubus lursu)us - California blackberry If yo have any questions please feel fret; to call ine. Sincerely, GLENN Ll1KOS ASSOCIA'1'LS, INC. ,",( -L,P1'ony dlomkamp < Regulalory Sl)eC1i111S1�1O1fI111A1 s:0154 -2a.hr Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963, PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a _- P0BL1_ �"_rfCE newspaper of general circulation, printed and NOTICE INVITING BIOS. published in the City of Costa Mesa, County Sealed bids may be re- calved at the office of the of Orange, State of California, and that City Clerk. - 3300 New Boulevanl. Post OMM x attached Notice is a true and complete copy 1768r�Port Beach,Cali- forma 92689.1766 until 1:30 h as was printed and published on t e O'clock P.M. on 30th day of November. 1993. at which time saoh bids following dates: shalt be opened and read for Ur D TEMPOHARADING EMBANK- MENT CONST_ RUCTION, the... Engi- neer's s , to 572,70D APProved - by the City Council Nis 8th day of No-' vember, 1993 Wanda L Baggio, City Clerk Prospective bidders may Novenber 11, 16, 1993 obtain one set of bid docu- ments at m cost at the of. fice of the Public Works Department, 3300 Newport Boulevard, Post Offioe 80, 1768, Newport Beach. Call - forma 92669. 1766, For further information, Call Jeff Steneart at S" 3011. Published Newport Beach -Costa Mesa Daily Pilot November 11, 16, ,893 I declare, under penalty of perjury, that the +hu263 foregoing is true and correct. Executed on Novenber 16 , 199 a at Costa Mesa, California. i Signature