HomeMy WebLinkAboutC-3094 - Little Corona Beach, Buck Gully Outlet Structure Modifications (Consultant's Agreement)0
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August 24,1998
CITY COUNCIL AGENDA
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MAYOR AND MEMBERS OF THE CITY COUNCIL i M 2 r'i
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
AWARD OF CONTRACT NO. 3094
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3094 to Gillespie Construction, Inc. for the total price of
$359,762.00 and authorize the Mayor and City Clerk to execute the Contract.
3. Establish an amount of $36,000.00 to cover the cost of materials testing and
additional work.
DISCUSSION:
At 11:00 a.m., on August 13, 1998, the City Clerk opened and read the following bids
for this project:
'Corrected bid amount.
The low bidder is 8% lower than the Engineer's Estimate of $390,000.00. The low
bidder, Gillespie Construction, Inc. is a well - qualified general engineering contractor
who possesses a Class -A Contractor's license. Gillespie satisfactorily completed
numerous construction projects for the City. A check with the State Contractor's
License Board confirmed that there are no pending actions against the Contractor and
that Gillespie's Contractors license is in good standing with the Board.
Bidder
Amount Bid
Low
Gillespie Construction, Inc. of Costa Mesa
$359,762.00
2
Beador Construction Co., Inc. of Newport Beach
$395,905.00
3
Su`mmit Contracton of Duarte
$446,000.00
4
John S. Meek Company, Inc. of Wilmington
$568,338.45
'Corrected bid amount.
The low bidder is 8% lower than the Engineer's Estimate of $390,000.00. The low
bidder, Gillespie Construction, Inc. is a well - qualified general engineering contractor
who possesses a Class -A Contractor's license. Gillespie satisfactorily completed
numerous construction projects for the City. A check with the State Contractor's
License Board confirmed that there are no pending actions against the Contractor and
that Gillespie's Contractors license is in good standing with the Board.
0 •
SUBJECT: Buck Gully /Little Corona Beach Outlet Modification — Award of Contract No. 3094
August 24, 1998
Page 2
This El Nino related storm damage repair work provides for the reconstruction of the
existing asphalt access road, construction of new curb and gutter along the inland side
of the access road, construction of concrete stairs with aluminum handrails,
construction of a subsurface drainage system, reconstruction of the damaged concrete
outlet structure, reconstruction of the existing 8" sewer main that crosses the Gully,
construction of rock and rip -rap slope bank protection, and re- grading of the channel for
drainage flows. The contractor is required to complete all work within sixty (60)
consecutive calendar days.
As part of work, the Contractor is required to comply with all of the provisions listed on
the California Coastal Commission Permit, the Army Corps of Engineers' Nationwide
and Individual Permits, the California Regional Water Quality Control Board Permit, and
the California Department of Fish and Game Stream Alteration Agreement.
Funding for this project is included in the current budget from the Tide and Submerged
Land Fund ($50,000, Account No. 7231- C5100333) and an outside source ($350,000,
7251- C5100333). Given that this project will repair storm related damage, staff is
pursuing reimbursement from the Federal Emergency Management Agency (FEMA).
Eligibility for reimbursement will be determined upon completion of FEMA's review of
the City's application.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
William Pata ff .
City Engineer
Attachments: Project Location Map
Bid Summary
f:\ groups \pu bworks\ council \fy98- 99\august- 24\buck. doc
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Beador Construction Company Inc.
P.O. Box 1
Corona del Mar, California 92625
Gentlemen:
(714) 644 -3005
September 4,1998
Thank you for your courtesy in submitting a bid for the Buck Gully /Little Corona
Beach Outlet Modification (Contract No. 3094) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Summit Contracting
1824 Flower Avenue
Duarte, California 91010
Gentlemen:
(714) 644 -3005
September 4,1998
Thank you for your courtesy in submitting a bid for the Buck Gully /Little Corona
Beach Outlet Modification (Contract No. 3094) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
John S. Meek Company, Inc.
1032 West °C Street
Wilmington, California 90744
Gentlemen:
(714) 644 -3005
September 4,1998
Thank you for your courtesy in submitting a bid for the Buck Gully /Little Corona
Beach Outlet Modification (Contract No. 3094) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
{Y. .
LaVonne M. Harkless, CMC/ AAE
City Clerk
3300 Newport Boulevard, Newport Beach
June 1, 1999
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Gillespie Constructions, Inc.
245 S. Fischer, Suite B -3
Costa Mesa, CA 92626
Subject: Buck Gully/ Little Corona Beach Outlet Modification, C -3094
To Whom It May Concern:
On April 12, 1999, the City Council of Newport Beach accepted the work of the
subject project and authorized the City Clerk to file a Notice of Completion and
to release the bonds 35 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
April 27, 1999, Reference No. 19990306746. The Surety for the contract is United
Pacific Insurance Company, and the bond number is U2802474. Enclosed are the
bidders bond, the labor & materials payment bond and the faithful performance
bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
Horst Hlawaty, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
UNITED PAPIFIC INSURANC�COMPANY
HOME OFFICE. PHILADELPHIA. PENNSYLVANIA
Bond No. N/A
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A- 3101FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we
GILLESPIE CONSTRUCTION, INC.
as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of
Philadelphia, Pennsylvania, a corporation duty organized under the taws of the Commonwealth of
Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF NEWPORT BEACH
as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF AMT BID
Dollars ($ 10% OF BID ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
BUCK GULLY/ LITTLE CORONA BEACH OUTLET MODIFICATION
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 11th day of AUGUST A,D. 1998
(Witness)
GILLESPIE CONSTRUCTION, INC.
(Principal) (Seal)
x �
(Title} dr. N-y17G'
SeclGi�Yy� I�aosiw -er
UNITED PACIFIC INSURANCE COMPANY
L_ "
MICHAEL D. STO A ORNEY IN FA
r
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of n2"
0
On aATn> D l ! lgq;K , before me, �?O, ,.J f A E G, 1oa 4§yy! w tPfA�b�tc
Dale Name and Title of OMicer (e.g., "Jane .Notary Pu
personally appeared N
Names) of Signer(s)
CV�personally known to me
C proved to me on the basis of satisfactory
evidence
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �I� r) 6
Document Date: I ( I I q qZ Number of Pages:
Signer(s) Other Than Named Above: to `c! V\" U n L> ,k1
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Tap of thumb here
q Corporate Officer — Title(s): _sec w Vax i. F rro does C1 Partner Partner — ❑ Limited ❑ General — --
❑ Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
0 1997 National Notary Association • 9350 De Sato Ave.. P.O. Box 2402 • Chats"ri CA 91313 -2402 Prod. No. 5907 Reorder: Cali Tail -Free 1- 800.876 -8021
to be the person(o) whose name(*) is /are
subscribed to the within instrument and
ti
acknowledged to me that he /shliHaey executed
FA1RtC�E ��
Comm tion01i&U"
the same in his /herft+ieif authorized
Notary Pubic _comanib
capacity(ies), and that by his /heir
OrQpsCpuny
signature(a) on the instrument the person(&), or
*C10mm.E wMOy91,2XI2
the entity upon behalf of which the person( ®)
acted, executed the instrument.
,5
WITNESS my hand and official seal.
a Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �I� r) 6
Document Date: I ( I I q qZ Number of Pages:
Signer(s) Other Than Named Above: to `c! V\" U n L> ,k1
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Tap of thumb here
q Corporate Officer — Title(s): _sec w Vax i. F rro does C1 Partner Partner — ❑ Limited ❑ General — --
❑ Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
0 1997 National Notary Association • 9350 De Sato Ave.. P.O. Box 2402 • Chats"ri CA 91313 -2402 Prod. No. 5907 Reorder: Cali Tail -Free 1- 800.876 -8021
STATE OF CALIFORNIA
SS.
COUNTY OF RIVERSIDE
On �T t `\ (� before me, ROSEMARY STANDLEY
PERSONALLY APPEARED MICHAEL D. STONG
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged 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 seal.
Signature
y
J
OPTIONAL
f. ,< ROSEMARY STANDLcv
� -*�y'!}; COMM. #1090462 n
NOTARY % VDUC - CALIFONNIA G
•� RIPF:SICE CouNrY
�w Mr Lcrm...yrce JuM 7, 29pp
This area far Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1E9)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
113-081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT
RELIANCE SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of
Wisconsin (herein collectively called 'the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Michael D. Stong, of Riverside, California their true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver for and on their behalf, and as
their ad and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such
bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested
by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)- in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
I. The Bond of DireNns, the I'residem. the Chairmen a the Board, any Ss— Vice President, any Vice Prmrlmt m Asamnt Vice Pretltrnt m artier of cam derignames by the Board of Momma then have
parer sod mtharity to (a) ap*.t Atrorney(¢in -Fag and m antbvsice do= m exwts on behalf d the Company, bonds and exclondunp, moopirmace, omtraco of hademniry and other writing abliptory in the camre
derrof, and (b) on semme my such Atmmey(s )-i.Fae a any done and wreaker rbe power and authmiry given on them.
2. Awmey(s}in -Feu shall haw Power and authority, rubjea In the arms and limitations of the Power a Attorney blood to dam, to exme and deliver oar behalf of the ComPuY. bonds and underYldaP,
mcog,ti., contraces of indemnity and tuber writing obliprnry, in the camre therm, The corporate sea is am msnrary fm the nlidiry of mY Emds and uvdermtinp amogniaraa, conasu of irtdron and otber
e ritfnp obhlptory is the oamre thereof.
3. Amsrney(a )4n -Fm "I haw Power set -clearly to came of ldavia required as be anmam, on bored, rmello men,, cvmtapa of mdvnnity m other conditioned or, obliPasry, undevakinp and theY shall
ale haw power and authority m madly bee financial mmnmrt of the Company and on copies of the By-laws of the Company or any acme or secdoo therwf.
This Power of Aonmey is award and sealed by famimile under and by aumority of me following mrolestion adopted by tha Excemaw and Finance Committees of the Boards of Diremms of Rcliaee Wet— Cmnpahy,
United Paeifc Incerane, Company and Reliance National Indemnity Company by Uoninaaus Consent deed as of Febirary 21, 19% and by the Executive and Financial Committee of hk Board of Directors of Reliaom
Sorely Company by Dominants, Consent domed a of March 31, 1991.
-Resohwd dm the awumm of moos domes and offarem ared the road of she Cmnpaoy may be affixed many scab Power of Attorx, many mrcriiess. mladng thereon by fam melt, ed my mch
Power of Attorney m nertifiea, bearing ford facsimile ji x jam m facsimile soi stall ha valid and bind mg upon me Company and am/ such Power so exemmd and certified by frcaseile opamres
and facsimile seed deal be valid seat binding upon the ComPMY, in One fuwm win reap== my bond or mnderoking on whicle it is aochd.-
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this August 21, 1997.
RELIANCE SURETY COMPANY
sonnets „omwaa.F +anas,f °�ara. ixo RELIANCE INSURANCE COMPANY
von d pvogs peace s UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ai SEAI. °
4/1 V IY
STATE OF Washington
COUNTY OF King ) SS.
On this, August 21, 1997, before me, Laura L. Wadsworth, personally appeared Mark W. Aisup , who acknowledged himself to be the Vice President
of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that
as such, being authorized to do so, executed the foregoing instrument for the purpose therein Contained by signing the name of the corporation by himself
as its duty authorized officer.
In witness whereof, I hereunto set my hand and official seal.
6rai_l� � " ublic in and for the State of Washington
Residing at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a We and correct copy of the Power of
Attorney executed by said Companies, which is still in full force and effect. t
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of - -I-Z•T
s s, r,wey sA wauay,w osaf>wOE4
.s °prongs^ i opt °,4r u e'POgYr�
w aggpL aT PSEAL" `
Assistant Secretary
4 a�� a„o eTtw x +rsh3 b • s.
PAGE 17
EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
BOND NO. U2802474
FAITHFUL PERFORMANCE BOND
The premium chargges on this Bond is $6,696.00 , being at
the rate of $ 25.00/15. OD thousand of the Contract price.
WHEREAS. the City Council of the City of Newport Beach, State of Califomia, by motion
adopted, awarded to Gillespie Construction, Inc., hereinafter designated as the "Principal ", a
contract for construction of Buck Gully /Little Corona Beach Outlet Modification, Contract No. 3094
in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and
other Contract Documents maintained in the Public Works Department of the City of Newport
Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3094 and the
terms thereof require the famishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and UNITED PACIFIC INSURANCE
COMPANY , duly authorized to transact business under the laws of the State
of Califomia as Surety (hereinafter "Surety"), are held and finely bound unto the City of Newport
Beach, in the sum of three hundred fifty -nine thousand seven hundred sixty -two dollars
($359,762.00), lawful money of the United States of America, said sum being equal to 100% of
the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors,
and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors, or assigns, jointly and severally, firmly by these present
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
PAGE 18
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way 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.
This Faithful Performance Bond shall be extended and maintained by the Prindpal in full
force and effect for six (6) months following the date of formal acceptance of the Project by the
City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 2nd day of SEPTEMR °D ^ °R
GILLESPIE CONSTRUCTION, INC.
Name of Contractor (Principal)
UNITED PACIFIC INSURANCE OCMPANY
Name of Surety
700 N. BRAND BLVD., STE 1250
Address of Surety Print Name and Title
GLENDALE, CA 91203
MICHAEL D. STONG, ATTORNEY -IN -FACT
(818) 240 -6960
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of
Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Michael D. Stong, of Rivenside, California their true and lawful Attomey(s)-in -Fact, to make, execute, seal and deliver for and on their behalf, and as
their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such
bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested
by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Bead of D essmer, de Prtddmr, do Chakrmeh of do Board, any Smior Via President, my Vie Prtsidam on Amimnt Vim Pruidw oa aloes officer timpssed by the Bond of Dirm em stall hwe
poss<r and aderip m f.) ,mm Armmey(,)-e Fse and as mtboo. dims to e¢mw as bb f of the Company, bands said uedereku0. mcoNintxxs. a seemat of iodcm riry and oMV arridop obliptery in this imes
dertol. said (b) m ommre any such Atmmeyisi-in -flit u any dire said revoke the poanr aad wMority gives m tl®.
2. AsomeY(s) -in -Fait dm11 have pawes and wrhoaity, mbject m the toms sad limitstioes of the Poser of Asaney immed m dims, m smooe sad deliver ess bdelf of de ComlwnY, bonds and mderoldnp.
seonBnimces. canuscss of indemnity and other writings Wipmry in doo oamm timmod. The mi"oft m1 is rot essim ary foe die vdidity of any binds ant uoderukiop aropiramzs. emstrana of indemnity ant other
wridnp oblipmry m the mmm thereof.
d. AtmmeA,)-is -Fm shill Woe power and antlsority m execute affidavits re9ndal m be trrocted m bads, ow dorms. momasts of indemnity or atme modisiooal or oblipmry utderoNnp and they dWl
alw fume power as, m,daviry m m,,fy de fuurclal ruesmeat a the Company and as copies of the By -laws of de CompmY oa any artkk re sirloin deem(.
This Power of Attorney is decd and sealed by facsimile undo and by sodimity a rite folbwisg resolufmn adopted by die Excvdw and Finarae Comminas of dot: Boards of Directors M Rsliva ivmrarce Company.
Unite) Pacfc I.. Canpssy and Reliance National Intrmoiry Comply by Unanimous Coo met dated as of February 28. 1994 and by de, Exemme and Financial Commil[x of the Board of Messmer, of Rclmoss:
Surety Company by Untaimau Consom deed u of Marty 71, 1991.
'14anlveA dm tb dgsumrta of such diraras and officers and this mat of dm Compmy may be affixed m say such Power of Attomey or any mrdfsmboa relating esertm by faesimik, and any sues
Power of Atmrmy or mitificae, having seh facdmilc dpmhes or famimik seal "I b vdid and bowling upon dre Company and any such Posor w esacoted end mrdficd by facsimile dptsmrom
and fsedmik seal dull be valid snd binding upon de CanpmY, in die furore with sesPo se many bond or osdertakint m which it is atmcicd.-
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this August 21, 1997.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
pvogy ° 4a wvogy .eP r UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
W
STATE OF eWashington
COUNTY OF King )SS.
On this, August 21, 1997, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President
of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that
as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself
as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
ID ary Publ'IC in and for the State of Washington
Residing at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a We and correct Copy of the Power of
Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 19
0*00 ve4, tsrs.�wop orrr °i � �sPOryr 7,R Leh J4eSR c 2� ��Rya Assistant Steers ary
a asM �y • ,,?'
THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW
California All- Purpose Certifi
State of California
a a
of Acknowledgment
On this the day of a 1918 , before me, u,
Name of Notary lic
a Notary Public for the State of California, personally appeared Cl/ D !f
i /Name(s) of Signers(s)
0--'personally known to me OR
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by 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 seal.
Notary's Signal e
Seal
OPTIONAL INFORMATION
The information below is optional However. it may prove valuable and could prevent fraudulent attachment of this form to an unauthorised document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
Title(s)
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
ABSENT SIGNER (PRINCIPAL) IS REPRESENTING:
Name of Person(s)
Title or Type of Document
Number of Pages
Date of Document
Other
0 1997 ES[ Educational Seminar. Inc Reproduction Pmhibited Reorder: Call 1.900-303 -5123
STATE OF CALIFORNIA
SS.
COUNTYOF RIVERSIDE
On
before me, ROSEMARY STANDLEY
PERSONALLY APPEARED MICHAEL D. STONG
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged 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 seal.
Signature
OPTIONAL
ROSEMARY STANOLEY
COMM. #7090462
NOTARY PUBLIC - CALIFORNIA m
RrMSIOE COUNTY
My CW4rL E4uft A M 7.2000
This area far Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TM-E(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
Im
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARD IAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENM(TY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT
•
EXECUTED IN FOUR COUNTERPARTS
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
PREMIUM INCLUDED IN CONTRACT NO. 3094
PERFORMANCE BOND U2802474
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
PAGE 15
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Gillespie Construction, Inc., hereinafter designated as the "Principal," a
contract for construction of Buck Gulty /Little Corona Beach Outlet Modification, Contract No. 3094
in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other
Contract Documents in the office of the Public Works Department of the City of Newport Beach,
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3094 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety, (referred
to herein as "Surety'l are held firmly bound unto the City of Newport Beach, in the sum of three
hundred fifty -nine thousand seven hundred sixty two dollars (5359,762.00), lawful money of the
United States of America, said sum being equal'to 100% of the estimated amount payable by the
City of Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this 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.
• 0
PAGE 16
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications,
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 2nd day of SEPTEMBER 1,19-111.
/
GILLESPIE CONSTRUCTION, INC.
Name of Contractor (Principal)
UNITED PACIFIC INSURANCE COMPANY
Name of Surety
700 N. BRAND BLVD., STE 1250
Address of Surety GLENDALE, CA 91203
(818)240 -6960
Telephone
sly
MICHAEL D. STONG ATTORNEY -IN -FACT
Print Name and Tide
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
California All- Purpose Ce
State of California
i
of Acknowledgment
On this the �_(C' day of a 199 , before me, U
Name of Notary Kiblic
a Notary Public for the State of California, personally appeared
Name(s) of Signers(s)
0--'personally known to me OR
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by 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 seal.
Notary's Signat e
OPTIONAL INFORMATION
g JANET L. RUSSELL
Comm. 111188113 r^
NOTARY f&*CuyIFORNIA N
Orotpo County
M Counn. tpbat Dea.21,2001 `s
Seal
The information below is optional. However. it may prove valuable and could prevent fraudulent attachment of this form to an unauthorised document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUALy
CORPORATE OFFICER I �\
Sic ffLj_ Title or Type of Document
Title(s)
PARTNER(S)
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
ABSENT SIGNER (PRINCIPAL) IS REPRESENTING:
Name of Person(s)
Number of Pages
Date of Document
Other
0 1997 ESI Educational Seminars. Inc. Reproduction Prohibited Reorder: Call 1.800 -303 -5123
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On
r``
`.A
I SS.
, before me, ROSEMARY STANDLEY
PERSONALLY APPEARED MICHAEL D. STONG
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged 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 seal.
Signatures
I
OPTIONAL
ROSEMARY STANDLEY
tp COMM. #1090462
q • NOTARY RUBLIC- CAUFORNIA N
i RIVERSIDE COUNTY
my COmn Eq*u hm 7.200
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARD IAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID -081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT
0
RECORDING REObl LJ tl W D
WHEN RECORDED RETURN TO:
City Clerk '99 MAY -3 A10 :32
City of Newport Beach
3300 Newport g E Ci I Y CLERK
Newport Beach,sPCRT (EACH
a
Recorded in the County of Orange, California
/Reco
����� NoeFee
19990306146 1; 44pm 04/21/99
005 17314•i21 17 16
0112 1 6.00 0.00 2.00 0.00 0.00 0.00
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Gillespie Construction Inc of Costa II'
Mesa. California, as Contractor, entered into a Contract on August 24. 1998. Said
Contract set forth certain improvements, as follows:
Buck Gully /Little Corona Beach Outlet Modification C -3094
Work on said Contract was completed on January 7 1999, and was found to be
acceptable on April 12 1999, by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is
In
PuRcWorks Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on r.( �yf l ry at Newport Beach, California.
City Clerk AAAidoo W9PR\Q%x
E
0
TO: Mayor and Members of the City Council
FROM: Public Works Department
April 12, 1999
CITY COUNCIL AGENDA
ITEM NO. 13
APPROVED
SUBJECT: BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION,
CONTRACT NO. 3094 - COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
Code.
4. Authorize a budget amendment to appropriate $165,800.62 from the General
Fund Reserve to Tide and Submerged Land Fund Account No. 7231- C5100333.
5. Authorize a budget amendment to reduce the Contributions Fund Account No.
7251- C5100333 by $534,300.
DISCUSSION:
On August 24, 1998, the City Council authorized the award of Buck Gully /Little Corona
Beach Outlet Modification contract to Gillespie Construction, Inc. of Costa Mesa,
California. The contract provided for the reconstruction and repair work of damages at
the Buck Gully outlet caused by the El Nino winter storms of 1997 -98. Work included
the grading of the channel, reconstruction of the weir wall and supporting piers,
placement of rip -rap for bank toe protection, replacement of a sewer pipe line, repair of
concrete stairs and hand rails, construction of a new asphalt concrete roadway and
other items of work. The contract has now been completed to the satisfaction of the
Public Works Department. A summary of the contract cost is as follows:
Original bid amount: $359,762.00
Actual amount of bid items constructed: 362,066.00
Total amount of change orders: 39,259.62
Final contract cost: $401,325.62
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need for additional soil importation and grading exceeding the bid
SUBJECT: Buck Gully /Little a Beach Outlet Modification, Contract No. 30wompletion And Acceptance -
April 12, 1999
Page 2
item quantities. The final overall construction cost including change orders was 11.6%
over the original bid amount.
A total of five (5) change orders were issued to complete the project. They were as
follows:
1. A change order in the amount of $21,445.44 provided for the reconstruction of a
slope supporting the roadway near the Buck Gully sewer pump station. The slope
failure was noticed after award of contract.
2. A change order in the amount of $13,091.39 provided for the lengthening of several
piles supporting the weir wall into bedrock.
3. A change order in the amount of $4,363.64 provided for extending a 12 -inch
exposed aluminum storm drain into the Buck Gully riverbed.
4. A change order in the amount of $1,159.15 provided for the placement of an asphalt
berm adjacent to the roadway to prevent water run -off onto a slope.
5. A credit change order in the amount of ($800.00) provided for the reduction of 40
feet of sewer pipe replaced under a lump sum bid item.
The December 1997 storm washed out the Buck Gully bottom control structure. The
February 1998 storm caused more damage in the mouth of Buck Gully. When
meetings were held with the Federal Emergency Management Agency (FEMA/State
Office of Emergency Services (OES) representatives after these storms, it was
estimated that all of the Buck Gully repairs would be eligible for either FEMA or OES
reimbursement. In the 1998 -99 CIP General Contributions Division, funds were
budgeted in anticipation of receiving $750,000 in FEMA/OES reimbursements. The
$750,000 estimate was based on a field site visit without the benefit of construction
plans. Construction contracts have been awarded for $433,703. In the FEMA/OES
review of the contracts, they have declared many items ineligible for reimbursement.
For this contract, our actual reimbursement will be approximately $147,000 instead of
the budgeted $365,000. A budget amendment is needed to reduce the Contribution
Fund project account to the amount that will be received from FEMA/OES and to
appropriate funds to cover the remaining contract amounts.
The contract will be funded as follows:
Account Name
Account No.
Amount
Tide & Submerged Land Fund
7231- C5100333
$ 36,000.00
Contribution Fund
7251- C5100333
$147,325.00
Sewer Master Plan Improvement
7531- C5600292
$ 52,200.00
Unappropriated General Fund Reserve
$165,800.62
Total
$401,325.62
\ \MIS_1 \SVS \Users \PBW \Sharetl'. COUNCIL \FY98 -99\ pril,12 \Buck Golly C- 3094.4ac
SUBJECT: Buck Gully /Little Coo Beach Outlet Modification, Contract No. 3094Ompletion And Acceptance
April 12, 1999
Page 3
. The budget amendment is needed for the following actions:
Reduce the Contributions Account No. 7251- C5100333 by $534,300.
Appropriate $165,800.52 from the General Fund Reserve to Account No. 7231 -
05100333.
The $534,300 reduction in the Contributions Fund account makes the adjustment
needed to reflect the estimated reimbursement and $316,297.75 over estimate in
project costs. When the final disbursements from FEMA/OES are made, more
adjustments may need to be made.
The scheduled completion date for the Buck Gully /Little Corona Beach Outlet
Modification was November 13, 1998. Due to inclement weather and extra work, the
project was extended to January 7, 1999.
Resp Ily submitted
PUBLIC WORKS DEPARTMENT
Don Webb, Director
•
By: /— /' 4'
Horst Hlawaty, P.E.
Construction Engineer
\ \MI5 1 \SYS\ Users \PBW \Shared \COUNCIUFY98- 99Wp6l -12 \Buck Gully C- 309E.dO
jity of Newport Beach NO. BA- 057
BUDGET AMENDMENT
1998 -99 AMOUNT: 3218,000.52
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
X Transfer Budget Appropriations No effect on Budgetary Fund Balance
X from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To reduce contributions to the actual amount expected from FEMA/OES and appropriate funds to cover the remaining contract
amount. There was a prior budget amendment to Buck Gully /Little Corona Beach Outlet capital project in the amount of
$43,250 in June 1998.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
Tidelands 230 3605
Contributions 250 3605
REVENUE APPROPRIATIONS (3601)
Fund!Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Division
Account
Signed:
Signed:
Signed:
Description
Fund Balance Control
Fund Balance Control
Description
Description
Number
7251
Contribution
Number
C5100333
Buck Gully /Little Corona Beach Outlet
Number
7531
Sewer Main Replacement
Number
C5600292
Sewer Main Master Plan Improvement
Number
7231
Tidelands - Capital
Number
C5100333
Buck Gully /Little Corona Beach Outlet
Number
7531
Sewer Main Replacement
Number
C5100333
Buck Gully /Little Corona Beach Outlet
Number
Number
City Council Approval: City Clerk
Amount
Debit Credit
$165,800.52 '
5534,298.27
$52,200.00
534,298.27
0
$165,800.52
$52,200.00
Date
Date
Date
(Wy of Newport Beach
BUDGET AMENDMENT
1998 -99
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations
PX Transfer Budget Appropriations
X from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
NO. BA- 057
AMOUNT: $zfa,000.sz
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
AFR ! 2
This budget amendment is requested to provide for the following:
To reduce contributions to the actual amount expected from FEMA/OES and appropriate funds to cover the remaining contract
amount. There was a prior budget amendment to Buck Gully /Little Corona Beach Outlet capital project in the amount of
$43.250 in June 1998.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
Tidelands 230 3605
Contributions 250 3605
REVENUE APPROPRIATIONS (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
7251
Account
Number
C5100333
Division
Number
7531
Account
Number
C5600292
Division
Number
7231
Account
Number
C5100333
Division
Account
Division
Account
Signed
Signed
Signed
Number 7531
Number C5100333
Number
Number
Description
Fund Balance Control
Fund Balance Control
Description
Description
Contribution
Buck Gully /Little Corona Beach Outlet
Sewer Main Replacement
Sewer Main Master Plan Improvement
Tidelands - Capital
Buck Gully /Little Corona Beach Outlet
Sewer Main Replacement
Buck Gully /Little Corona Beach Outlet
Director
City Council Approval: City Clerk
Amount
Debit Credit
$165,800.52 -
$534,298.27
$52,200.00
534,298.27
$165,800.52
$52,200.00
Date
Date
� -04q
Date
I
& 0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Gillespie Construction Inc. of Costa
Mesa California, as Contractor, entered into a Contract on August 24, 1998. Said
Contract set forth certain improvements, as follows:
Buck Gully /Little Corona Beach Outlet Modification, C -3094
Work on said Contract was completed on January 7 1999, and was found to be
acceptable on April 12. 1999, by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is
Fe-M
PuMUWorks Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on �Pn f1 / /j 7, / at Newport Beach, California.
BY 00%T7%
�
City Clerk MOWN
AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET STRUCTURE MODIFICATIONS
CONTRACT NO. C -3094
THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and
entered into this /1 AL day of O � 1998, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
Noble Consultants, Inc., whose address is 2201 Dupont Drive, Suite 620, Irvine, CA
92715 (hereinafter referred to as "CONSULTANT') is made with reference to the
following:
RECITALS:
A. On October 31, 1996, a Professional Services Agreement was
entered into by and between CITY and CONSULTANT, hereinafter referred to as
"AGREEMENT". On August 5, 1997, Amendment No. 1 to said Professional Services
Agreement was entered into by and between CITY and CONSULTANT.
B. CITY and CONSULTANT mutually desire to amend the
AGREEMENT as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform the additional services set forth in Exhibit
"A ", attached hereto and incorporated herein by this reference.
2. Consultant shall be compensated for additional services performed
pursuant to this AGREEMENT in the amount and manner set forth in Exhibit "A ". The
maximum fee for additional services shall not exceed $46,312.00.
3. The Term of this AGREEMENT shall terminate on the 301" day of
June, 1998, unless terminated earlier as set forth herein.
0
E
4. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain the same and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
CITY OF NEWPORT BEACH,
a Municipal Cor oration
BY: /;
ThorI4s Edwards, Mayor
APPROV S TO FORM:
CONSULTANT
BY:
Noble Consultants, nc.
ATTEST:
City Clerk
\ \dp \sys\ groups \pu bworks \ag mt \98 \nobel2. doc
Exhibl� "A"
- -- •
NOBLE
C O N S U L T A N T S , INC.
March 3, 1998
Ms. Marla Matlove
Senior Civil Engineer
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92658 -8915
RE: PROPOSAL
Professional Engineering Services
Design of Buck Gully Outlet Structure
at Little Corona Beach
Newport Beach, California
Dear Marla:
Per your telephone conversation with Chia -Chi on February 24, 1998, we are pleased to submit this
proposal to perform the necessary professional engineering services required to design the Buck
Gully Outlet Structure that will primarily control head cutting upstream of the outlet structure. Our
scope of services, schedule and fee to provide these engineering services are identified within this
proposal.
SCOPE OF SERVICES
Our scope of services will consist of the following tasks:
1. Outlet Structure Design
We will perform the structural engineering design for a reinforced concrete outlet structure which
will be founded into the beach bedrock formation. A geotechnical investigation that includes
representative soil borings is required to determine the depth of the bedrock formation.
2. Upstream Grading Plan
We will provide an upstream grading plan to restore the eroded stream bed caused by recent severe
rainfall events.
❑ 359 BEL MARIN KEYS BLVD., SUITE 9, NOVATO, CA 94949 -5637 (415) 884 -0727 FA-X(415)88-1-0735
(C 2201 DIIPONT DR., SIIITE 620, IRVINIi, CA 927li -1515 (714) 752 -1530 FAX (71.1) 752 -8381
i?
y+
NOBLE CONSULTANTS • •
Ms. Marla Matlove
Proposal for Buck Gully Outlet Structure
March 3, 1998
Page - 2 -
3 Stabilize Existing Sewer Line
We will provide plans for deepening and protecting in -place the existing 10 -inch diameter sewer line
that runs from the pump station across Buck Gully, up to Evening Canyon Drive. At this time our
work does not include any redesign of this sewer line.
4 Plans Specifications and Contract Documents
We will prepare the necessary construction drawings, technical specifications and other contract
documents required for submittal to the City, and for contractor bidding. It is assumed that the City
will provide us with an electronic version of the City's standard boiler plate contractual requirements
and general conditions for our incorporation into the contract documents. Our work will include all
necessary design details for the construction of the outlet structure work, and will include
demolition (removal) plans of the existing damaged structure, and protection plans for the existing
sewer line.
5. Construction Cost Estimate and Bid
We will prepare our engineering's construction cost estimate to construct all work described
within the construction drawings and specifications.
SCHEDULE
We propose to complete the contract documents within 4 to 5 weeks upon receiving authorization
from the City.
FEE
We propose to perform the above - described scope of services on a time - and - materials basis in
accordance with our attached Schedule of Charges and General Conditions. We estimate that our
fee to perform this work, including the necessary geotechnical engineering work, will be $46,312.
We will not exceed this fee without receiving your prior approval. A detailed fee estimate work
sheet and our geotechnical engineer's proposal are attached for your review.
NOBLE CONSULTA \1'S • •
Ms. Marla Matlove
Proposal for Buck Gully Outlet Structure
March 3, 1998
Page - 3 -
We will need a new detailed topographic survey from the City to establish survey control and to
estimate construction quantities for excavation and grading. Our design proposal does not include
construction support services pertaining to construction management, engineering and inspection.
We can provide you with a proposal and fee to perform these services upon request by the City.
We appreciate this opportunity in continuing to provide our engineering services to the City of
Newport Beach. Please call us if you would like to discuss any aspects of our proposal.
Sincerely,
NOBLE CONSULTANTS INC.
Ronald M. Noble, P.E.
President
Attachment: Schedule of Charge
Fee Work Sheet
Geotechnical Proposal
NOBLE CONSULTANTS •
SCHEDULE OF CHARGES
1. Labor*
E
Principal
$
155
per hour
Senior Structural Engineer
$
130
per hour
Senior Engineer
$
123
per hour
Project Engineer
$
100
per hour
Structural Engineer
$
90
per hour
Senior Survey Engineer
$
86
per hour
Construction Manager
$
86
per hour
Cost Estimator
$
86
per hour
Staff Engineer
$
85
per hour
Land Surveyor
$
76
per hour
Senior Construction Inspector
$
76
per hour
Construction Inspector
$
68
per hour
Assistant Engineer
$
68
per hour
Surveyor
$
68
per hour
CAD Operator
$
68
per hour
Technician
$
58
per hour
Draftsperson
$
52
per hour
Word Processing
$
45
per hour
Clerical
$
45
per hour
* Depositions and court appearances labor is two times the rate shown and billed in 1/2
day increments.
2. Reimbursable Expenses
In -House
Photocopying
$
.25
per page + 15%
Automobile
$
.40
per mile + 15%
Computer
$
40.00
per hour
Out -of- Pocket
Travel, subcontractors, printing,
communication, etc. Cost + 15%
3. Invoices
Bills are due and payable on presentation. Interest of 1.5% per month (but not exceeding
the maximum rate allowable by law) is payable on any amounts not paid within 30 days.
MAY 1997
offiwlad O 'May97
DETAIL DESIGN FOR BUCK GULLY OUTLET STRUCTURE
WORKSHEET Running Total $46,312
Personnel
RMN
CCL
GEO
DRD
DRAFT
CLER
WP
Totals
Meetin & Coordination
0S
Wf
02
$130
8
$100
32
$86
$86
$52
$45
$45
40
$4,240
Sitelnvestigation
04
4
12
4
.
20
$2,064
Engineering Design
10
$0
Design Layout
071
6
16
22
$2,380
Design Calculations
072
8
40
20
68
$6,760
Cost Estimate
08
2
4
12
18
$1,692
90% Plans & Specs Submittal
090
181
801
8
46
154
$13,524
100% Plans & Specs Submittal
I 10o
41
201
2
12
38
$3,316
Word Processing
23
24
24
$1,080
Clerical
22
8
8
$360
Sub- Totals
50
204
12
34
60
8
24
392
$35,416
O.aeamlm ENwooring
OSRV
$8,000
OSRV
OSRV
OSRV
OSRV
TOTAL SUBC.ONSULTANTS
CADD
REIM
15%
$9,200
$250
COMMUNICATIONS
REIM
$160
COURRIER
REIM
EXPENSES
REIM
$465
REPRODUCTION
REIM
$600
OTHER
REIM
TOTAL REM
15%
$1,696
TOTALS
1 $46.312
RECEIVED
801 Glenneyre SL • Suite F •Laguna Beach • CA 92651
2sse
(714) 494 -2122 • FAX (714) 497 -0270
February 27, 1998 NOBLE CONSULTANTS,
IRVINE, CA TS, INC.
Noble Consultants, Inc. Proposal No. G899
2201 Dupont Drive, Suite 620
Irvine, CA 92715
Attn: Mr. Ron Noble
Subject: Geotechnical Work Estimate
Geotechnical Investigation for Buck Gully Outlet Structure
And Sewage Pump Station
Little Corona Beach
Corona del Mar- California
Dear Mr. Noble;
This estimate outlines the scope and cost of an investigation of onsite and certain regional
geotechnical conditions related to proposed construction of a new outlet structure for Buck Gully
and a new sewage pump station at Little Corona Beach in Corona del Mar, California. The
estimate is based upon a site visit, discussion with you, review of conceptual site plans and a
brief review of available literature and work nearby.
The investigation will include:
Review and analysis of pertinent reports, maps, aerial photographs, and published
literature pertaining to the subject site and nearby areas in order to relate geotechnical
conditions to proposed construction.
2. Excavation and logging of five exploratory borings using an all- terrain access hollow
stem drill rig to obtain representative samples, undertake in situ testing, and determine
the character and geometrical distribution of earth materials.
Laboratory testing as necessary to possibly include moisture/density determinations,
shear strength and soluble sulfate.
4. Geotechnical analysis of data and preparation of a report containing conclusions and
recommendations for design and construction suitable for use by your structural engineer,
as well as agency submittal.
February 27, 1998 Proposal No. G899
Page No. 2
The professional cost of the work outlined is a fixed fee of $3,950.00. If conditions are
encountered which significantly affect the scope of work, additional authorization may be
required. Drill rig rental and necessary laboratory testing are estimated to be $2,850.00 and
$1,200.00, respectively; however, these are only estimates. Drill rig rental and laboratory testing
are billed at cost plus 20 percent in accordance with the attached fee schedule. Therefore, the
total estimated fee for the proposed scope of services is $8,000.00. Unless otherwise agreed, it is
understood that the client will have assured right -of -entry on land for planned field operations.
The client will also provide us with locations and depths of buried utilities and structures. Field
investigation can begin with your authorization and our receipt of the retainer, and the report
provided within four weeks after completion of field and laboratory work.
The study will focus on selected physical properties of the subsurface soils and will not include
sampling, testing or assessment of any toxic or hazardous substances or other environmental
factors. If during the performance of the planned subsurface exploration, visually foreign or
odorous materials are encountered, drilling will be terminated at that location and the client will
be notified of the conditions. Client meetings and consultation beyond report submission,
including response to agency review, design consultation, and construction observation and
testing activities, are billed at our normal hourly rates as identified on the current fee schedule.
Please return a signed copy of the attached work agreement and entry permit as written
authorization to proceed, as well as a retainer of $4,000.00. A site plan (blueline and reverse
sepia) should be forwarded for analyses and report preparation. If plans are not available,
sketches of the proposed structure and design elevations should be provided.
This estimate is valid for 30 days, unless extended by mutual agreement.
Thank you for the opportunity to be of service. If you have any questions, please call our office.
Sincerely,
GEOFIRM
nes H. Richter
Geotechnical Engineer
MBC:kaa
Attachments: Work Authorization and Agreement, Terms and Conditions
Fee Schedule -1996
• e 3a//�/
CONSULTANT AGREEMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET STRUCTURE MODIFICATIONS
CONTRACT NO. C -3094
THIS AGREEMENT, entered into this 33r day of akOV 1996, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and Noble Consultants, Inc, whose address is 2201 Dupont Drive, Suite 620,
Irvine, CA 92715, (hereinafter referred to as "Consultant'), is made with reference to the
following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as
it is now being conducted under the statutes of the State of California and the
Charter of the City.
B. The principal member of Consultant is Ronald M. Noble, P.E.
C. City desires to engage Consultant to provide professional
engineering design services for the Buck Gully /Little Corona Beach Outlet Structure
i
Modifications, upon the terms and conditions contained in this Agreement.
0
0
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The Term of this Agreement shall commence on the 1st day of November, 1996,
and shall terminate on the 30th day of June, 1997, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and
incorporated herein by this reference. The maximum fee shall not exceed $19,415.00.
4. STANDARD OF CARE
All of the work shall be performed by Consultant or under Consultant's supervision.
Consultant represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will perform all
services in a manner commensurate with the community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. The Consultant shall be
responsible to City for any errors or omissions in the execution of this Agreement.
2
fig rou ps \pubworks \buck \noblag mt.doc
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0
Consultant represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of
employment with City will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave, are available from City
to Consultant, its employees or agent. Deductions shall not be made for any state or
federal taxes, FICA payments, PERS payments or other purposes normally associated
with an employer - employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the project.
3
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7. PROJECT MANAGER
The Consultant shall assign the project to a Project Manager, who shall coordinate
all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated Ronald M. Noble, P.E. to be its Project Manager.
8. TIME OF PERFORMANCE
The task(s) to be performed by Consultant shall be in accordance with the
schedule specified in Exhibit "A ". Consultant shall receive no additional compensation if
completion of its obligation under this Agreement requires a time greater than as set forth
herein, unless such extension is caused solely by the conduct of the City. Each party
hereby agrees to provide timely notice to the other of any violation occurring under this
Section and the cause thereof.
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
4
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0 •
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
Consultant shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the Consultant's negligent performance of services or work conducted or
performed pursuant to this Agreement.
s
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0 •
13. INSURANCE
Without limiting consultant's indemnification of City, Consultant shall obtain and
provide and maintain at its own expense during the term of this Agreement policy or
policies of liability insurance of the type and amounts described below and satisfactory to
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies, with the
exception of Professional Errors and Omissions, shall add as additional insured the City,
its elected officials, officers and employees for all liability arising from Consultant's
services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
city certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise
approved by the City Risk Manager:
A. Worker's compensation insurance covering all employees and
principals of the Consultant, per the laws of the State of California;
B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury and
property damage. If commercial general liability insurance or other form with a
6
f: \g rou ps \pubworks \buck \noblagmt. doc
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general aggregate is used, either the general aggregate shall apply separately to
this project, or the general aggregate limit shall be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned
and rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the
services to be performed in connection with this Agreement in the minimum
amount of One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided nor canceled by either party, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to City. Consultant
shall give to City prompt and timely notice of claim made or suit instituted arising out of
Consultant's operation hereunder. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
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waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall be
null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant base, maps, existing studies, ordinances, data and
other existing information as shall be requested by Consultant and materials in City's
possession necessary for Consultant to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The Public
Works Director or his /her designees shall be considered the Project Administrator and
shall have the authority act for the City under this Agreement. The Project Administrator
or his /her authorized representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
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19. EXTRA WORK
Consultant shall receive compensation for extra work authorized by City in
accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must
be authorized in writing by the Project Administrator and Consultant shall not be entitled
to extra compensation without authorization.
20. RECORDS
Consultant shall keep records and invoices in connection with its work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing
by City.
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be
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• •
itemized. Each invoice shall show the number of hours worked per person /consultant
and the nature of the work performed.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a
monthly invoice unless City disputes the amount Consultant claims is owned under this
Agreement.
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
its work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. The determination of the City Manager
with respect to such matter shall be final. Consultant shall be entitled to receive interest
on any withheld sums at the rate of seven percent (7 %) per annum from the date of
withholding of any amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
In the event that the Project Administrator determines that the Consultant's
negligence, errors or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors or omissions in the plans or contract specifications, Consultant shall
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reimburse City for the additional expenses incurred by the City including engineering,
construction and /or restoration expense. Nothing herein is intended to limit City's rights
under any other sections of this Agreement.
26. TEN PERCENT (10 %) WITHHOLDING
City may withhold an amount equivalent to ten percent (10 %) of the total
compensation provided herein, to be released to Consultant upon final adoption of the
work by the Mayor and City Council. The City reserves the right to refuse to pay all
billings requesting amounts in excess of ninety percent (90 %) of the total compensation
provided herein until the project is completed and adopted as specified above.
27. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor, consultant,
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
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29. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially affect
such interest.
B. If subject to the Act, Consultant shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Consultant shall indemnify and hold
harmless the City for any claims for damages resulting from the Consultant's
violation of this Section.
30. SUBCONTRACTING
A. Consultant shall not subcontract any portion of the work required by
this Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to
all provisions stipulated in this Agreement.
31. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
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personally or on the second business day after the deposit thereof in the United States
mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Marla L. Matlove, P.E.
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Noble Consultants, Inc.
2201 Dupont Drive, Suite 620
Irvine, CA 92715
Attention: Ronald M. Noble, P.E.
32. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and Consultant fails to give adequate assurance of due performance within two (2) days
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
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City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
33. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for an alleged breach of any provisions of this Agreement, the prevailing party
shall be entitled to receive from the losing parry all costs and expenses in such amount as
the court may adjudge to be reasonable attorneys' fees.
34. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
35. WAIVER
A waiver by City of any breach of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein whether of the same or a different character.
is
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36. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
ATTEST:
i
CITY CLERK
APPROVED • FORM:
ill
16
CITY OF NEWPORT BEACH
A Municipal Corporation
By: 6z)z
CONSULTANT
By:
Noble Consultants, Inc.
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• EXHIBIT A
TECHNICAL PROPOSAL
BUCK GULLYILITTLE CORONA BEACH
OUTLET STRUCTURE MODIFICATIONS
Prepared For:
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658
Prepared By:
Noble Consultants, Inc.
2201 Dupont Drive, Suite 620
Irvine, California 92715
September 18,1996
NOBLE
CONSULTANTS, INC.
September 18, 1996
Ms. Marla L. Matlove, P.E.
Senior Civil Engineer
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658 -8915
0
RE: PROPOSAL
Buck Gully/ Little Corona Beach Outlet Structure Modifications
For the City of Newport Beach
Dear Ms. Matlove:
We are pleased to submit this proposal to the City of Newport Beach to provide the necessary
professional engineering services for the planning and permitting phase of the Buck Gully/ Little
Corona Beach Outlet Structure Modifications. We appreciate the opportunity to respond to your
Request for Proposal (RFP) dated September 3, 1996, since we feel that our qualifications are well
suited to the performance of work required on this project. Our proposal has been organized in
response to your item number 7, "Submission of Proposal" listed in the RFP.
INTRODUCTION AND UNDERSTANDING OF THE PROJECT
In preparation for responding to the City's RFP, we have performed a thorough background review
on the more recent history of Buck Gully. This has included review of the "Report on Storm Runoff
. - Conditions in Buck Gully and Morning Canyon" prepared by John M. Tettemer & Associated, Ltd.
dated February, 1995; various appendices and photographs attached to the Tettemer report including
Draft Observations, Recommendations, and Questions and Answers dated August 4, 1995; City of
Newport Beach project files on Buck Gully including a report on "Investigations of Shore
Conditions at Little Corona Beach "; and a visual site inspection of the Bully Gully outlet structure,
Little Corona Beach and the upstream watershed area performed on September 11, 1996.
Additionally, since Ronald Noble lived in Newport Beach during the 1950's and 1960's routinely
going to Little Corona Beach, and has intermittently visited Little Corona Beach during the 1980's
and 1990's, he has personally observed the conditions of Buck Gully and Little Corona Beach during
that time span.
During the 1950's and 1960's the City of Newport Beach received numerous complaints regarding
the condition of Buck Gully at Little Corona Beach. The concern was over erosion in the gully
caused by storm runoff during the winter months and an unsightly pond considered to present health
and safety hazards that developed during the summer months. In response to these complaints the
❑ 359 BEL MARIN KEYS BLVD., SUITE 9, NOVATO, CA 94949 -5637 (415) 884 -0727 FAX(415)884-0735
% 2201 DUPONT DR., SUITE 620, IRVINE, CA 92715-1515 (714) 752 -1530 FAX(714)752-8381
NOBLE CONSULTANTS •
Ms. Marla L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18, 1996
•
City initially built a small timber bottom control structure which was damaged during high runoff
in 1965 and 1969, and then finally constructed a more substantial concrete outlet bottom control
structure that was completed in November, 1969.
However, with the continued development of the upper Buck Gully watershed, the City has
continued to receive complaints concerning the concrete outlet structure's unsightly appearance, the
ponding and buildup of sediment behind the outlet structure, the concentrated beach erosion from
water movement around the outlet structure and from the higher streamflow velocities when water
overtops the structure, and from the loss of sediment remaining on Little Corona Beach. In response
to these complaints the City cut a 20 -foot wide notch in the outlet structure and placed rock within
the notch and outlet structure during the late 1970's.
In late 1985 the City commissioned a study to investigate shore conditions at Little Corona Beach
which included determining the net effects, if any, the Buck Gully bottom control structure has on
beach behavior, and to provide alternatives or modifications to the bottom control structure while
maintaining its design objectives to control head cutting upstream of the outlet and toe erosion of
the bluffs at the outlet of Buck Gully caused by streamflow.
Results of this study indicate that a near constant sand volume is naturally contained and maintained
above and below Mean Lower Low Water at Little Corona Beach, meaning that the volume of sand
that enters the system from Buck Gully and from bluff erosion appears to be equal to the volume of
sand that leaves the system in a seaward direction through a sloping sand bottom depression into
deep water off the outlet of Buck Gully. This study further indicates that the Buck Gully control
structure is meeting its design objectives and appears to have not had a long term effect on the width
or volume of sand on the beach, however that recreational aspects could be enhanced at Little
Corona Beach by reducing the active width of the spillway on the bottom control structure and by
reducing the area of rock exposed on the bottom structure.
The recent "Report on Storm Runoff Conditions in Buck Gully and Morning Canyon" prepared by
Tettemer recommends that the Buck Gully outlet structure at Little Corona Beach needs to be
modified to recreate a riverine condition in order to: (1) prevent further buildup of sediment at the
outlet which is causing flows to move around the existing erosion control outlet structure, and (2)
re- establish natural sediment movement to the beach. We concur with Tettemer's findings and
recommendations. Buck Gully, prior to construction of the outlet structure, was a typical example
of the numerous creeks and rivers along the California coastline that discharge across a sandy beach
into the ocean. During the winter high runoff period natural breaching of the beach berm occurs
through stream overflow with the outlet channel free to migrate along the beach face depending on
the alongshore movement of beach sediments at the time. During the summer low runoff period the
movement of sand onto the beach from wave action recreates a beach berm providing a sand plug
at the outlet channel and resulting in the ponding of water in the backshore beach area.
I
NOBLE CONSULTANTS r
Ms. Marla L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18, 1996
•
Our understanding of this proposed phased project by the City of Newport Beach, is that we will
perform conceptual design/planning and permit preparation/processing for the Buck Gully outlet
structure modifications in order to re- establish a riverine condition, re- establish sediment flows to
the beach, prevent further aggradation of the alluvial plain, and insure manageability of the outlet
to allow a flexible response to future conditions. To accomplish this work we will perform the
necessary investigations in order to develop the most desirable outlet modifications to meet the
above stated objectives. Later project phases not included within our scope of work will address
preparation of final plans, specifications and contract documents, and actual construction of the
designed modifications.
IDENTIFICATION OF SUBCONSULTANTS
If any topographic surveying is necessary to identify elevations during the conceptual design work,
the services of Toal Engineering, a local surveying firm will be utilized. Additionally, we propose
to utilize the services of Mr. Dave Dawdy, a consulting hydrologist, for the purpose of technical
review of our recommended modifications to the Buck Gully outlet structure. Mr. Dawdy's resume
is included within this proposal. Noble Consultant's staff will perform all technical work on this
project for conceptual design/planning and permit preparation/processing for the recommended
outlet structure modifications.
FIRM AND PROJECT EXPERIENCE
Noble Consultants, Inc. (NCI) is a civil engineering firm which specializes in the civil/coastal and
hydrologic engineering fields. The firm's capabilities include planning, permitting, design and
construction supervision of new work as well as repair and rehabilitation of existing improvements.
Approximately 90 percent of NCI's work is performed for Federal, State and local municipal
governments to address design and construction of shoreline preservation and coastal/waterfront
development projects. The firm has been retained by over 45 local municipalities within the State
of California to provide services on waterfront and coastal projects.
Specific project work tasks that have been performed include initial site investigations and
consultation; field monitoring; hydrologic and coastal analyses (flood levels, flood routing, wave
dynamics, beach processes, tides, currents, sedimentation, etc.); development of hydrologic and
coastal design criteria; planning, permitting and design of hydrologic and coastal structures (flood
barriers, outlet structures, dikes, shore protection, beach replenishment, groins, breakwaters,
navigation improvements, marina layouts/berthing, piers, docks, waterfront bulkheads, etc.);
drawings, plans and specifications; reports; cost - benefit analysis; construction cost estimates;
environmental impact concerns; feasibility studies; construction inspection and monitoring; and
post - construction monitoring. Our firm's brochure is attached to this proposal.
•s
hi
NOBLE CONSULTANTS •
Ms. Mada L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18, 1996
•
Following are brief descriptions and references of recent NCI projects of similar scope as this Buck
Gully outlet structure project:
OUTLET DESIGN & MODIFICATIONS AT MAIN BEACH/BOARDWALK
Client: City of Laguna Beach
Contact: Mr. Chris Kreymann, Senior Planner (714) 497 -0713
In early 1995, NCI was retained by the City of Laguna Beach to perform emergency design repair
work at Main Beach after the January 1995 severe Laguna Canyon flooding resulted in channel flow
and sediments overflowing PCH and causing severe erosional damage to Main Beach and structural
damage to the beach's Boardwalk improvements. Additionally, NCI was retained to assess future
high runoff floods of Laguna Canyon including the City's limited culvert capacity to carry these
flows through the down town area, and to design a permanent buried outlet structure at the Main
Beach Boardwalk with appropriate modifications to the PCH sidewalk in order to accommodate
these high flow conditions which would overtop PCH.
In addition, we have performed engineering design services and provided engineering review to the
City of Laguna Beach on numerous other coastal projects since 1984.
LAGUNA LAKES RESTORATION
Client: County of Orange
Contacts: Joanne Quirk, Landscape Architect (714) 834 -6663
Kathie Matsuyama, Senior Landscape Architect (714) 834 -6662
Laguna Lakes consist of three natural lakes which are located along Laguna Canyon Road near
Leisure World. Our work is still ongoing and initially consisted of meeting with all the required
Federal/State regulatory agencies to review the conceptual restoration plans and support the County
in the preparation and processing of permits. We then finalized the conceptual plans and prepared
construction cost estimates, and are presently performing the engineering design, preparing plans
& specifications, and providing construction support on phases of work currently under construction.
General project requirements include constructing an outlet structure, sediment basin & berms,
cleaning culverts, excavating ditches & lake bottoms, removing exotic plants, and performing habitat
restoration.
Additionally, we have provided engineering planning/design services and prepared/processed
regulatory agency permits on several other County of Orange coastal/water oriented projects since
1985.
NOBLE CONSULTANTS •
Ms. Marla L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18, 1996
LAGUNA NIGUEL REGIONAL PARK LAKE REFURBISHMENT
Client: County of Orange
Contacts: Kathie Mastuyama, Senior Landscape Engineer (714) 8346662
Tom Rossmiller, Senior Coastal Engineer (714) 489 -9473
NCI processed all Federal/State regulatory permits, performed all engineering design, and prepared
the construction plans, specifications, bid documents and cost estimates for refurbishment of the 33-
acre Laguna Niguel Lake in order to improve the lake's water quality and recreational uses. Fed by
Sulphur Creek, the nutrient -rich waters and high organic bottom sediments had created algae
blooms, low oxygen waters, fish kills and offensive odors. Included within our design work was the
installation of drainage culverts, construction of a flow diversion channel, draining the lake,
removing accumulated sediment from the lake bottom and reconstructing the headgate structure.
SEAPORT BOAT LAUNCH FACILITY
Client: City of Lake Elsinore
Contact: Richard J. Watenpaugh, Assistant City Manger (909) 6743124 (x204)
NCI has been involved on this project since its initial conception including site selection, preparation
of feasibility report, securing funding, conceptual planning/design, preparation & processing of
regulatory permits, final engineering design, preparation of plans, contract documents & cost
estimates, and presently providing construction administration and resident field inspection services.
We prepared and processed permits for a Department of the Army 404 Nationwide Permit, a
California Regional Water Quality Control Board 401 Certification and a Department of Fish and
Game 1601 Streambed Alteration Permit including required mitigation. This project included the
excavation and placement of fill within the lake's operating water level.
COAST OF CALIFORNIA STORM AND TIDAL WAVES STUDY- ORANGE COUNTY
REGION
Client: U.S. Army Corps of Engineers, Los Angeles District
Contact: Steven Fine, Chief Planning Division (213) 452 -3820
For the past two years NCI has been involved in the analysis of waves and shoreline response along
the entire Orange County coastline. This has included deep water wave hindcasting, nearshore wave
transformation, alongshore & across shore sediment transport, and the long term stability of sandy
beaches and inlets. Our wave analysis utilized a Monte Carlo simulation technique to generate a
synthetic nearshore wave database for coastal planning and design applications, while our
alongshore sediment transport analysis, utilized a Corps of Engineer's computer model to estimate
the alongshore transport rate based on the generated synthetic nearshore wave database. In our
coastal processes study all sand sources and sinks which impact the long term evolution of the
shoreline were reviewed.
t�
NOBLE CONSULTANTS • .
Ms. Marla L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18,1996
REHABILTTATION OF BAYSIDE MARINA IN UPPER NEWPORT BAY
Client: Manufactured Home Community
Contact: Peter Underhill, Vice President
(602) 952 -1683
We have just recently initiated work in preparing the conceptual design and preparing/processing
the regulatory agency permits for the reconfiguration of the existing Bayside Marina in Upper
Newport Bay. We will be processing permits for a City of Newport Beach Harbor Permit, a
Department of the Army Section 404 Permit, a California Regional Water Quality Control Board
401 Certification, a Department of Fish and Game 1601 Permit, and a California Coastal
Commission Coastal Development Permit.
Additionally, NCI has been involved in coastal sediment transport analysis and riverine outflow
analysis at the coastline for many projects along the California coastline to assess impacts on long
term beach stability. A few of these projects include the Del Mar 6,000 lineal feet beach stability
study and the San Dieguito River's closurelbreaching impact to this beach for the City of Del Mar,
the Oceanside Beach 14,000 lineal feet beach stability study and the Santa Margarita River's impact
to this beach for the City of Oceanside, and our development of a coastal sand management plan for
60 miles of the Santa Barbara/Ventura County coastline for BEACON in which we analyzed the
impact of the Santa Clara River, Ventura River and numerous other creeks/rivers on the beach's long
term stability.
PROJECT TEAM
We propose to perform the identified work for the Buck Gully outlet structure modifications project
by assigning a few key individuals in order to maximize our job involvement and response to the
City. Our project team will consist of the following personnel:
Ronald M. Noble Principal In Charge/Permit Processing
Chia -Chi Lu Project Manager /Conceptual Planning
David R. Dawdy Technical Review of Proposed Modifications
Susan E. Galla Project Assistance
Toal Engineering Topographic Surveying (if required)
NOBLE CONSULTANTS •
Ms. Marla L. Matlove, Y.E.
City of Newport Beach
PROPOSAL
September 18, 1996
•
If additional personnel are necessary, we have experienced staff to provide any required project
demands. However, it is our opinion that the above identified staff can provide the City of Newport
Beach with the best service for this project. Following are brief descriptions of job assignments and
the expertise of the above identified personnel. A project organization chart follows these
descriptions, and complete professional resumes of these personnel are enclosed within this
proposal.
Ronald M. Noble will be NCI's Principal In Charge for this project and the primary representative
available on all occasions for discussion with City staff. He will also be directly involved with
technical work towards the conceptual planning/design of recommended outlet structure
modifications, and will coordinate and oversee the preparation and processing of all regulatory
permits. Mr. Noble is a registered civil engineer with over 27 years of experience specializing in
coastal, estuarine and riverine projects. He has been directly involved in the preparation and
processing of regulatory permit applications on numerous projects and has worked directly with all
local agency offices and personnel that will be required for the permitting of this Buck Gully project.
Chia -Chi Lu will be NCI's project manager on this project and will be responsible for technical data
review /assessment, hydraulic /coastal analysis, and conceptual planning/design of recommended
outlet structure modifications. Dr. Lu is a registered engineer who specializes in the coastal,
hydraulic and hydrology engineering fields. He has worked on several similar projects to this Buck
Gully project involving conceptual design, permitting and final design of outlet structures concerned
with sediment transport, channel/riverine discharge flows, and the dynamics of wave action and
beach sediments. Dr. Lu will be NCI's alternate primary representative for this project.
David R. Dawdy will be NCI's independent technical reviewer for this project. His main function
will be to independently review the technical hydrologic aspects and recommendations for
modifications to the Buck Gully outlet structure to best accomplish the stated project goals. Mr.
Dawdy has 45 years of experience related to all areas in the hydrologic engineering field. He is
familiar with Buck Gully and Little Corona Beach having lived in Irvine for many years, and having
served as a member of the Technical Advisory Committee of the Orange County Hydrology Study
Committee where he reviewed hydrologic data and methods used for hydrologic computations.
Susan E. Galla will provide project assistance consisting of preparation of drawings and support in
the conceptual planning work and in preparation of permit applications and processing. Ms. Galla
recently received her M.S. degree in civil/coastal engineering from the University of California at
Berkeley, and is providing support in preparing and processing regulatory permits for the
reconfiguration of Bayside Village Marina in Upper Newport Bay.
Presently, it is anticipated that the above identified project team's individual effort expressed in
percentage of total work hours will be distributed as follows: Ronald M. Noble = 14 %; Chia -Chi
%
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NOBLE CONSULTANTS •
Ms. Marla L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18, 1996
Lu= 30 %; David R. Dawdy = 7 %; Susan E. Galla = 49 %. It is estimated that Ms. Galla's work
effort will be approximately 50 percent of the total work hours since there is a high amount of leg
work required in the permit process as well as some in the planning process that she is very capable
of performing, and that will therefore be performed at a more economical rate.
PROJECT SCHEDULE
The proposed project schedule is shown in the Gantt chart that follows this page, and is based on
a contract award and notice to proceed date of October 14, 1996. This proposed schedule can be
modified if necessary to meet the City's expected project schedule and needs.
SCOPE OF WORK
Our scope of work will consist of the project tasks summarized in our Gantt chart. In summary,
Noble Consultants, Inc. will provide the City of Newport Beach with the following scope of services
for the Buck Gully project:
• Review and assess all available information pertaining to the outlet structure and site
conditions.
• Perform a field review of the site including the delineation of jurisdictional waters within the
project area. A limited topographic survey will be performed of key site features if deemed
necessary at this time.
• Perform sufficient hydraulic/coastal analysis of downstream riverine flow /sediment
conditions and interface with Little Corona Beach under natural conditions without outlet
structure and with modifications to structure in order to recommend outlet modifications.
• Prepare conceptual design and preliminary plans of recommended modifications to existing
concrete outlet structure.
• Prepare location map, delineation graphics, and descriptive material covering project
description, nature of activity, purpose, material usage, wetlands/water areas impacted, etc.
for inclusion in regulatory permit applications.
• Prepare Section 404, Section 1601, Section 401, and the CDP application packages for City
review.
• Provide coordination with resource agencies as required during permit processing.
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NOBLE CONSULTANTS .
Ms. Marla L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18, 1996
• Follow up as necessary with the California Coastal Commission to expedite processing,
including one meeting.
• Provide coordination with City staff as necessary throughout project, including two meetings
with City staff.
Our above scope of work is based on the following assumptions regarding this project:
• The project will qualify for a Nationwide Permit from the Corps.
• No Federal or State protected species will be impacted by the project, including upland
areas.
• No cultural resources will be impacted by the project, including upland areas.
• No mitigation will be required by the resource agencies.
Additionally, the City shall provide the following to assist NCI with the project and its completion:
• Existing record information for the outlet structure, utility information, and other available
information.
• Required resource agencies application fees.
• Information required to complete the CDP.
• The City shall be responsible for the preparation of a California Environmental Quality Act
document.
SUMMARY
In summary, we feel that our proposal shows that Noble Consultants, Inc. strongly meets the City's
RFP selection criteria for this Buck Gully/Little Corona Beach Outlet Structure Modifications
project since:
• We have an excellent understanding of this project based on first hand knowledge over the
last 46 years and on a thorough review of the project files and existing site condition.
• Our firm has over forty years of local experience specializing in the coastal and riverine
engineering fields; in the planning , permitting and design of outlet structures and coastal
11
U
NOBLE CONSULTANTS • 46
Ms. Marla L. Matlove, P.E.
City of Newport Beach
PROPOSAL
September 18, 1996
projects; and in the analysis of riverine systems discharging onto sandy ocean beaches that
seasonally breach sand berms and are closed by sand plugs.
• We are very experienced with the local resource agencys' personnel and permit
requirements.
• Our project team is very experienced on similar projects.
• Our proposed project schedule is realistic for a project of this nature, but can be adjusted
based on the City's schedule for supplying specified documents and in providing project
review.
• Our Irvine office is located extremely close to the City's offices and to the site for quick
response.
xxxxxxxxxx
We would appreciate the opportunity to work with the City of Newport Beach on this project.
Please call us if you have any questions concerning our proposal. As requested, we have submitted
our not -to- exceed amount for the services to be provided, and a current fee schedule for each job
classification in a separate, sealed envelope.
Sincerely,
NOBLE CONSULTANTS, INC.
Ronald M. Noble, P.E.
President
Enclosures
Attachment
RMN /dmn
RONALD M. NOBLE
PRINCIPAL ENGINEER
EDUCATION
University of California at Berkeley, MS. 1969
Civil/Coastal Engineering
San Jose State University, B.S., 1969
Civil Engineering
REGISTRATION
California, Civil Engineer, 1973, RCE 23436
NAUI Scuba Diver
EXPERTISE
Mr. Noble has over 27 years experience in the design of coastaUwaterf ont facilities, in oceanographic coastal
engineering investigations and analyses, in hydrologic engineering analysis and design and in performing
construction management and inspection services for projects located throughout the world He has been equally
involved in the planning, permitting, design and construction management phases for these coastal, estuarine or
riverine projects.
EXPERIENCE
s 3ho
Directed a comprehensive coastal study for BEACON along the Santa Barbara/Ventura Counties coastline
which included the inventory of offshore, harbor entrance and fluvial sand sources, estimating erosion rates and
sediment budgets, preparing a comprehensive sand management program to control beach erosion and
recommending and implementing an effective monitoring plan to observe indicators of beach health.
Directed preparation of reconnaissance reports, final feasibility reports and conditional surveys for Southern
California harbors for the U.S. Army Corps of Engineers. These studies included coastal processes
investigations and recommended alternative improvements to mitigate navigation and storm damage due to
harbor shoaling and wave - induced flooding.
Performed planning, permitting and engineering design for outlet structures, beach stabilization and
coastal/waterfront facilities on coastal, estuarine, wetlands, lakes and riverine projects for the City of Laguna
Beach, County of Orange, City of Oceanside, City of Solana Beach, City of Del Mar, City of Huntington Beach
and numerous other local municipalities throughout California.
Directed and/or performed the engineering analysis and design, including permitting, plans, specifications and
cost estimates, for shoreline protection consisting of revetments, seawalls, groins, breakwaters and beach
nourishment These improvements have been designed using stone, concrete, steel and sand for locations
throughout California, the United States and overseas.
Performed engineering design and prepared plans and specifications for a new 550 -boat Sunroad Marina in San
Diego Bay which included concrete floating dock system, all appurtenances and a prestressed concrete sheet
pile breakwater.
NOBLY CONSULTANTS, INC.
L]
Ronald M. Noble
Page 2
E
Prepared conceptual design and oversaw final design, plans and specifications for the Navy's new marina
expansion project in San Diego Bay which included floating timber dock system, two concrete piers, shoreline
protection, support building and site improvements.
Project manager for overseeing rehabilitation of City of Oceanside Municipal Pier which included feasibility
studies, development of design criteria, demolition of storm- damaged pier, design of new pier including
buildings and shoreline protection, and construction management of pier, buildings and shoreline protection.
Performed coastal shoreline investigations for numerous exposed ocean beaches, including evaluation of
erosion, sediment transport and wave conditions to recommend types of shore protection and/or beach
renourishment. Performed engineering designs and prepared plans, specifications and cost estimates for
shoreline protection.
Prepared conceptual designs, final designs, plans, specifications and/or construction inspection for numerous
marina facilities including Marina del Rey, King Harbor, Huntington Harbour, Sunroad, NTC -Nary, San
Leandro and Lighthouse in California and Cancun and San Carlos in Mexico.
Directed the engineering studies to develop oceanographic design criteria and recommend alternative plans for
repair or replacement of the Huntington Beach and Redondo Beach Municipal Piers, and performed engineering
design and preparation of plans and specifications for repair to damaged sections of the Redondo Beach Pier.
Project manager for the National Shoreline Study, California Regional Inventory which identified shoreline
erosional conditions for the entire state's shoreline area Recommended and identified beach nourishment
and/or other suitable protection including estimated costs and priorities of importance.
Performed site work and design investigation for dock structures at 15 atolls within the Marshall Islands Group.
This investigation included site selection, development of design criteria and the design, configuration and
alignment schemes for dock structures.
Manager of Dames and Moore's fumwide Marine Services Group during 1970's consisting of approximately
50 coastal engineers, oceanographers, marine geologists/geophysicists, offshore soils engineers and marine
biologists. Responsible for overseeing staffing and technical quality of all marine work throughout the United
States and overseas.
PROFESSIONAL
AFFILIATIONS
American Society of Civil Engineers
Consulting Engineers and Land Surveyors of California
American Shore and Beach Preservation Association
California Shore and Beach Preservation Association
California Marine Parks and Harbor Association
Permanent International Association of Navigation Congresses
American Nuclear Society
tea^ NOBLE CONSULTANTS, INC.
Pi
Ronald M. Noble
Page 3
PROFESSIONAL
RECOGNITION
0
Member, Coastal Engineering Research Council
Director, American Shore and Beach Preservation Association
Director, Consulting Engineers and Land Surveyors of California
Director, World Marina Conference, Inc. to sponsor World Marina Conference, Long Beach,
California, April 29 - May 2, 1991
Chairman, American Nuclear Society Committee that developed an American National Standard
on Design Basis Flooding at Power Reactor Sites
U.S. Expert Representative on the International Atomic Energy Agency Committee for
Development of an International Standard on Design Basis Floods for Nuclear Power Plants on
Coastal Sites
General Chairman, National Shoreline symposium, "Shoreline Forum 79 ", Los Angeles, California
Member, ANS Committee on Site Evaluation of Power Reactor Sites
W9611hn NOBLE CONSULTANTS. INC.
0 0
CHIA -CHI LU
PROJECT COASTAL ENGINEER
EDUCATION
Chang Kung University, Taiwan, B.S., 1975
Hydraulic Engineering
Cheng Kung University, Taiwan,1VL S., 1977
Hydraulic Engineering
University of Miami/RSMAS, M.S., 1981
Ocean Engineering
University of Miami/RSMAS, PhD., 1984
Applied Marine Physics
REGISTRATIO. I
California Civil Engineer, 1994, RCE 52521
EXPERTISE
Dr. Lu specializes in the fields of coastal and hydraulic engineering and has extensive experience in the
development of numerical simulation on related engineering problems by using various numerical techniques
such as finite difference method, finite element method and boundary element method While studying at the
University of Miami, he developed a numerical scheme called BIEM (Boundary Integral Equation Method) to
solve problems of wave dynamics. While employed as a research associate at the University of Miami, he
established a computer code to simulate the characteristics of water waves generated by explosions.
EXPERIENCE
Dr. Lu has been involved in the analysis of nearshore wave transformation, sediment budgets, shoreline
evolution, beach nourishment, oceanographic design criteria, coastal protection, dredging project, water
circulation modeling and lake hydraulic analysis. He has worked on the following projects:
Prepared a Feature Design Memorandum study to characterize the design criteria for a proposed recreational
lake divided into two areas to serve for different recreation purposes. A hydraulic analysis and a water quality
control analysis were performed to assure the appropriate layout design of the lake.
Performed a hydraulic analysis of the sediment basin and spillway design for the Laguna Lakes restoration.
The sediment yield and peak runoff from the drainage area were estimated in accordance with the Orange
County Hydrology Manual.
Performed a hydraulic analysis for the new National City Marina basin design to determine the criteria for the
slope protection at the basin entrance located adjacent to an existing flood control channel.
Performed a hydraulic analysis to estimate the peak nnoff flow of Laguna Canyon and the limited culvert
capacity within the down town area so as to provide design criteria for a permanent buried outlet structure.
Prepared a comprehensive analysis of nearshore statistics for the Coast of California Storm and Tidal Wave
Study. The Monte Carlo simulation technique was applied to provide a synthetic wave database.
Prepared a comprehensive study to identify a proper alternative to reduce the storm damage within a small boat
marina facility located in Mission Bay, San Diego, California. A statistical analysis relating the degree of the
O*W SOULS CONSULTANTS, INC.
0
CHIA -CHI LU
Page 2
0
facility damage to the storm frequency was performed As a result, the best alternative was recommended to
achieve storm damage reduction based upon the benefit/cost ratio.
Performed a comprehensive analysis of nearshore wave transformation, potential shoreline erosion, littoral
transport and sediment budget for the entire Santa Barbara/Ventura County coastline on the BEACON coastal
sand management project. Extensive numerical modeling of long - and short -term beach accretion and erosion
was conducted
Prepared a feasibility study to assess a potential beach nourishment program within the BEACON coastal
boundary. The fate of the disposed dredged material was characterized via a series of comprehensive computer
simulation programs developed by the Water Resource Support Center, Waterways Experiment Station, Corps
of Engineers.
Performed a hydrodynamic numerical simulation to model alternative basin configurations for a proposed
marina located in Mexico. A finite element water circulation model was used to simulate the water pattern
within the proposed site. The best marina flushing layout was recommended
Performed a numerical simulation of transformed wave patterns by using a computer program to predict the
nearshore waves within the coastal area of El Segundo, California The purpose was to identify the
characteristics of the transformed nearshore waves propagating from the offshore region outside the Southern
California Bight.
Performed numerical modeling to determine the optimal configuration for a proposed upland disposal site.
Various dredging and disposal operation models developed by the Water Resource Support Center, Waterways
Experiment Station, Corps of Engineers were applied.
Prepared a feasibility study to identify the degree of congestion within the Channel Island entrance channel.
A numerical simulation program was developed to relate the channel congestion to the total number of
recreation boats, the number of tacking sail boats and the channel width. An optimal alternative was proposed
to mitigate the anticipated congestion problem.
Prepared the plans and specifications for the dredging maintenance project of Dana Point Harbor and also
responsible for the engineering cost estimate and construction review.
PROFESSIONAL
AFFILIATIONS—
American Society of Civil Engineering
OW95 NOBLE CONSULTANTS, Inc.
0
EDUCATION
DAVID R. DAWDY
CONSULTING HYDROLOGIST
Trinity University, Texas, B.A., 1948
History/ cum laude
Stanford University, California, M.S., 1962
Statistics
CERTIFICATIONI
American Institute of Hydrology, No. 611
EXPERTISE
0
Since 1982 Mr. Dawdy has been in private consulting in surface water problems. He has performed studies
for U.S. Army Corps of Engineers Hydrologic Engineering Center (HEC) on needs for improvement in the
HEC -6 program for modeling sediment transport, and has performed quality control on hydrologic and
hydraulic problems and channel migration. He is a consultant on development of hydrologic methods and for
the implementation of FEMA alluvial fan flood hazard maps in land use planning. He prepared methods for
flood mapping on alluvial fans for FEMA
EXPERIENCE
Mr. Dawdy served in the U.S. Geological Survey from 1951 to 1976, starting as a stream -gager and working
basic records of stream flow in Northern California. He was Assistant District Chief for Programming,
California District, Water Resources Division, responsible for technical direction of statewide activities. He
was a research hydraulic engineer in Surface Water Branch from 1956 to 1972. He helped develop the present
U.S.G.S. methods for regional flood frequency analysis by regression on basin parameters. He conducted
research in resistance to flow and sediment transport in sand channel streams, and was research advisor to the
Chief Hydrologist on research in sediment transport.
From 1975 to 1976 Mr. Dawdy was Research Advisor for U.S.G.S. national program of research in surface
water hydrology. He assessed research needs and priorities, suggested personnel needs and found people to
meet those needs. He performed independent research on surface water, during which he developed first
U.S.G.S distributed parameter model for surface runoff from urban areas.
From 1976 to 1980 Mr. Dawdy was with Dames and Moore as Chief Hydrologist of project as Technical
Evaluation Contractor of flood insurance studies for the Federal Emergency Management Agency (FEMA).
From 1980 to 1982 he was program manager for Hydrologic and Hydraulic analysis for the Northwestern
Alaskan Gas Pipeline with Northern Technical Services, Irvine, California and Houston, Texas. He was
responsible for HEC -1, HEC -2, and HEC-6 analysis of stream crossings to determine potential flood and scour
problems, and evaluated potential for channel migration for sag -bend set back
I& Dawdy has been an Adjunct Professor of Civil Engineering at the University of Mississippi and at Colorado
State University. He served as a member, Technical Advisory Committee, Orange County Hydrology Study
Committee, where he reviewed hydrologic data and methods used for hydrologic computations. In 1988 -1989
he prepared a draft hydrology manual for Placer County Flood Control District and served as consultant to help
the new District start operation. In 1990 he served as mentor for the Tahoe Regional Planning Agency on
assessment of their monitoring program for the Lake Tahoe Basin. He reviewed surface water monitoring of
water, sediment, and nutrients for adequacy for mass balance assessment of lake loading for regulatory
purposes. Mr. Dawdy has lectured at universities here and abroad, and has done extensive consulting on
surface water problems overseas in India and in Latin America.
NOBLi CONSULTANTS, INC.
0 0
DAV,DDAWDY
Page 2
PROFESSIONAL
RECOGNITIO ""
He has received the Meritorious Service Award, U.S. Department of the Interior, is a Fellow of the American
Geophysical Union, and received the 1992 Ray K Linsley Award from the American Institute of Hydrology.
NOBLZ CONSULTANTS, INC.
0 0
SUSAN E. GALLA
ASSISTANT ENGINEER
EDUCATION
Georgia Institute of Technology, Atlanta, Georgia, B.S.,1995
Civil/Environmental Engineering
University of California, Berkeley, California, M.S., 1996
Civil/Coastal Engineering
CERTIFICATIO^ I
Engineer In Training, 1995
EXPERTISE
Ms. Galla's experience includes the design of drainage and retention facilities, streambed erosion and
deposition modeling using HEC 6, levee erosion analysis, coastal sediment transport analysis and the analysis
of wave loading on coastal structures.
EXPERIENCE
Resident field construction inspection for construction of Seaport Boat Launch Facility on Lake Elsinore for
the City of Lake Elsinore.
Preparing and processing regulatory agency permit applications for the reconfiguration of Bayside Village
Marina in Upper Newport Bay for Manufactured Home Community.
PROFESSIONAL
AFFILIATIONS—
American Society of Civil Engineers
American Shore and Beach Preservation Association
Chi Epsilon (Civil Engineer's National Honor Society)
Society of Women Engineers
NOBLS CONSULTANTS, INC.
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• CITY CLERK -
CITY OF NEWPORT BEACH
k PORT
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PLANS, SPECIFICATIONS, AND
CONTRACT DOCUMENTS FOR
BUCK GULLY /LITTLE CORONA BEACH OUTLET
MODIFICATION
Contract No. 3094
City of Newport Beach
Department of Public Works
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
(949) 644 -3311
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
TABLE OF CONTENTS
NOTICEINVITING BIDS ................................................................... ..............................1
INSTRUCTIONSTO BIDDERS ........................................................ ..............................2
BIDDER'S BOND .............................................................................. ..............................4
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................5
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................6
NON - COLLUSION AFFIDAVIT .........................................................
..............................7
NOTICE TO SUCCESSFUL BIDDER ..............................................
..............................8
CONTRACT. .... ................. ........ ...................................................................................
9
LABOR AND MATERIALS BOND ....................................................
.............................15
FAITHFUL PERFORMANCE BOND ................................................
.............................17
PROPOSAL................................................................................
............................... PR -1
SPECIALPROVISIONS .................................................................
...........................SP -1
APPENDIX
CITY CLERK
PAGE
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92658 -8915
until 11:00 a.m. on the 13th day of August. 1998
at which time such bids shall be opened and read for
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
Title of Project
Contract No. 3094
$ 390,000.00
Engineer's Estimate
Approved by
G(J
Bill Pa apoff
City Engineer
Prospective bidders may obtain one set of bid documents at no cost at the office
of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768,
Newport Beach, CA 92658 -8915.
For further information, call Bill Patapoff , Project Manager at (949) 644 -3311.
PAGE 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. 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.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. 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.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. 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.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract.
l.I
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0
PAGE 3
The securities shall be deposited in a state or federal chartered bank in California, as the
escrow agent.
8. 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).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act ".
10. 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.
The signature below represents that the above has been reviewed.
l �il� Class /L
Contractor's License No. & Classification
il �OY7<�K �-
o 1�c.
Bidder
Authefized Signature/Title F y &7r7eY -�-_Crcia 7elAS64 rer
Date
9 0
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and 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.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
Subcontract Work Subcontractor Address
2.
3.
4.
5.
6.
7.
8.
9.
in
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Seaetoq / l reRSUYer
• •
PAGE 6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project
Completed Nameh
Person Telephone
To Contact Number
SeCYe}pY�� Y csu �r
GRESPIE CONSTRUCTION, I0
COMPLETED PROJECTS
As of March, 97
CONTRACT
CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT
AMERICAN GOLF CORP. i
348 El Toro Golf Course
235,461
1633 26th Street
355 Cherry Ave. /Jeromino St. Improvements
228,629 I
Santa Monica, CA 90404
362 Rancho San Joaquin Storm Drain
18,182
CALWORNIA CORRIDOR 1
447 San Joaquin Hills Transportation i
66,475
CONSTRUCTORS
P.O. Box 57018
i
Irvine, CA 92619 -7018
i
i
CALTRANS DEPT. OF TRANSP.
356 Norco Housing j
1,129,326
1120 "N' Street Room 39
429 Orange County Fairgrounds
147,192
Sacramento, CA 95814
CALVARY CHAPEL
377 Green Valley Tank Site
104,089
3800 S. Fairview Road
Santa Ana, CA
CALVARY CHAPEL GOLDEN
1 457 Calvary Chapel Golden Springs, Grading & Parking
116,029
SPRINGS
Lot
CARLSON LANDSCAPING
350 County of Orange '•
54,045
9050 Blackbird Ave.
Fountain Valley, CA 92708
CATELLUS
454 Akins- Ridgemoor Debris Basin
827,000
5 Park Plaza, #400
464 Akins Westchester Grading €
1,709,907
Irvine, CA 92714
465 Akins Westchester Storm Drain
55,002
476 Line A Outlet Structure
!
12,500
CITY OF ANAHEIM
108 Lakeview/LaPalma Storm
200 S. Anaheim Blvd.
109 Walnut Creek Sewer & Storm Drain
52,000
Anaheim, CA
156 Patrick Henry Storm Drain
441,000
(714) 254 -5100
376 Vintage Lane Soundwall
120,458
409 Residential Lots !
12,233
r
:1adw1 ft VjobHu\finishe&gi1 1 of 9 pages
GILASPIE CONSTRUCTION, IN(*
COMPLETED PROJECTS
As of March, 97
CUSTOMER NAME & ADDRESS JOB LOCATION
CONTRACT
AMOUNT
CITY OF BREA
146 Laurel Ave. Street Improvements
146,000
#1 Civic Center Circle
152 Lambert Rd. Street Improvements
15,000
Brea, CA 92621
172 Firestation #3
! 330,000
(714) 990 -7600 i
I
176 Sewer Relocation
44,640
CITY OF COSTA MESA
196 Arlington Drive Storm Drain & Street Imp.
j 185,000
77 Fair Drive
316 Fire Station
325,179
Costa Mesa, CA 92626 1
410 Iowa St. Storm Drain
i 50,494
(714) 754 -5000
427 Street Improvement Newport & 18th St.
j 171,450
432 Indus St. Drainage Imp.
45,738
!
CITY OF COVINA
396 5,000 Gallon Reservoir and Pumps
537,593
125 E. College
412 Sewage & Pump Station
j 64,151
Covina, CA
(818) 858 -7212 !
i
CITY OF DANA POINT i
385 Street Widening - Stonehill & Selva
j 1,075,571
33282 Golden Lantern j
451 Sidewalk Improvements on PCH
34,050
Dana Point, CA
(714) 248 -9890
i
CITY OF FULLERTON
1 122 Emery Park Phase 111
64,000
303 W. Commonwealth
123 Malvern -Brea Creek Tie -In Improvements
120,000
Fullerton, CA 92632
j 198 Drainage Improvements
97,000
(714) 738 -6845
i 304 Harbor Bastanchury Road Widening
210,870
308 Lions Park Storm Drain
94,048
309 Brea Blvd. Widening
i 68,657
319 Berkeley/Harbor Storm Drain
j 106,694
321 Bike Trail
55,536
322 Highland Ave. Widening
118,865
CITY OF GARDEN GROVE
320 Street, Storm Drain Improvements
190,052
CITY OF HIUNTINGTON BEACH
1 401 H.B. Playcourt Reconstruction
383 Huntington Lake Storm Drain
125,055
305,555
Public Works Department
2000 Main Street
414 Inlet Drive
177,345
Huntington Beach, CA 92648
462 Corsican Flood Control Channel
50,727
463 Slater Flood Control Channel
16,733
L'NJwld\grne 1job1istVnishW.gi1 2 of 9 pages
GIL*SPIE CONSTRUCTION, IN(e
COMPLETED PROJECTS
As of March, 97
CUSTOMER NAME & ADDRESS JOB LOCATION
CONTRACT
AMOUNT
CITY OF INDUSTRY
403 Commuter Rail Station Parking Lot Improvements
1,154,971
15651 E. Stafford Street I
(Grading & Storm Drain Imp.)
City of Industry, CA 91744
416 Industry Hills Parking Lot & Roadways
800,198
CITY OF IRVINE
419 Amalfi Drive Seepage Mitigation
13,580
I Civic Center Plaza
473 Westpark II - Offisite
Irvine, CA 92713
(714) 724 -6000
1
�
CITY OF LAGUNA BEACH 1
155 Heisler Park Slope Reconstruction i
230,000
505 Forest Avenue 1
370 Wastewater Pump Station Improvements I
239,418
Laguna Beach, CA 92651
405 Storm Damage j
40,076
(714) 497 -0339
415 Animal Shelter
18,673
456 Cress Street Retaining Wall i
105,114
458 Animal Shelter Bridge i
86,728
459 Canyon Acres Drive Fire Access Road '•;
69,021
461 Dunning Drive Landslide Repair
698,201
466 Laguna Beach Water District i
44,410
CITY OF LAGUNA NIGUEL i
441 Callendar Court i
211,639
27801 La Paz
Laguna Niguel, CA 92656
(714) 362-4300
i
I
CITY OF LONG BEACH
135 Landscape Modification v
148,000
333 W. Ocean Blvd.
136 Gabion Slope Repair
168,000
Long Beach, CA 90802
(310) 570 -6555
CITY OF NEWPORT BEACH
i 101 Old Newport Blvd.
90,000
3300 Newport Blvd.
; 128 Oasis Park & 5th St. Improvement
242,000
Newport Beach, CA 92663
1 131 1983 -84 Storm Drain Improvement i
218,000
(714) 644 -3311
194 Ticket Booth Const.
58,000
311 Hospital Road Widening
275,157
306 Backbay Trail i
1,063,334
418 Misc. Storm Drain Const.
382,319
428 Hazel Drive
494,747
425 Channel Drive
51,365
450 Balboa Blvd. Reconst.
891,513
452 Bolsa Park
161,452
460 Main Street Sidewalk Improvements
66,902
471 MacArthur Blvd.
i
i
7,068
P�mholften Ajoblistvnishedgil 3 of 9 pages
GIL SPIE CONSTRUCTION, INC
OMPLETED PROJECTS
As of March, 97
CUSTOMER NAME & ADDRESS JOB LOCATION
CONTRACT
AMOUNT
CITY OF NEWPORT BEACH (Cont.) i
472 Balboa Manholes
475 Corona Del Mar Alley & Water Main
17,283
i 373,649
CITY OF ORANGE
305 Tustin St. Street Improvements
j 216,620
300 E. Chapman Ave. I
i
Orange, CA 92666
CITY OF SAN JUAN CAPISTRANO
115 Sunhollow Improvements
184,000
32400 Paseo Delanto
120 Alipaz & Del Obispo St. Improvements
93,000
San Juan Capistrano, CA 92675
302 Del Obispo St. Widening
i 209,000
(714) 493 -1171
328 Drainage Improvements
64,000
i
332 Del Obispo Storm Drain
234,000
I
CI'T'Y OF TUSTIN
591 Bell Avenue Storm Drain
96,673
300 Centennial Way ;
453 Pinetree Park Parking Bay Improvements
92,779
Tustin, CA 92680
455 Reconstruction "C° Street
65,983
i
(714) 573 -3000
I
j
I
CITY OF VILLA PARK
467 Villa Park Storm Drain
` 147,708
17855 Santiago Blvd.
Villa Park, CA 92861
(714) 998 -1500
j
CITY OF WHIITIER
353 Savage Canyon Landfill
1,224,745
13230 E. Penn Street
374 Savage Canyon Landfill
j 170,720
Whittier, CA
375 Gas Distribution Wells 15, 17 & 18
I 36,362
(310) 945 -8200
393 Savage Canyon Landfill
117,161
449 Well #13 MCC Building
1 54,950
i
CITY OF YORBA LINDA
390 Street/Storm Drain
i 111,896
P.O. Box 7487
404 Remove & Replace AC
i 145,900
Yorba Linda, CA 92686
443 Town Center Plaza
93,383
(714) 961 -7100
445 Brooklyn Avenue
69,804
i
COTO DE CAZA DEVELOPMENT
169 Gabion Drop Structures
630,000
P.O. Box 438
180 Rip Rap Slope Protection
260,062
Trabuco Canyon, CA 92678
181 Storm Drain Improv.
j 159,693
184 Gabion Slope Repair
16,285
186 Gabion Slope Repair
140,513
188 Low Flow Crossing H
39,606
192 Corrective Work
i 240,642
r:Imhold\grn l \jobliA`finished.gil 4 of 9 pages
GIWSPIE CONSTRUCTION, IN6
COMPLETED PROJECTS
As of March, 97
CUSTOMER NAME & ADDRESS JOB LOCATION
CONTRACT
AMOUNT
COUNTY OF LOS ANGELES,
111 Rambla Pacifico
36,555
ROAD DEPARTMENT
i
1540 Alcazar Street
Los Angeles, CA 90033
COUNTY OF ORANGE
148 Stonehill
316,120
400 Civic Center Drive
160 EMA Palm Ave. Street and Storm Drain
i 268,864
Santa Ana, CA 92651
197 Stonehill Drainage Improvements
29,000
(714) 834 -3100
435 Delhi Channel
603,200
COUNTY OF ORANGE -EMA
367 Missions Planned Community Road Closures
42,604
P.O. Box 4048 I
Santa Ana, CA 92702 -4048
I
CYPRESS HOMES, INC.
448 Sorrento Stormwater Pump Station
469,500
14 Corporate Plaza
(Project #9226 -1)
Newport Beach, CA 92660
I
DANA STRAND BEACH CLUB
133 Rock Slope Protection
260,000
34001 Dana Strand Road
Dana Point, CA 92632
j
i
EASTERN MUNICIPAL WATER
382 Grant Ave. and Corwin Pumping Plants
854,453
DISTRICT
i
i
ESSLINGER FAMILY TRUST
470 Laguna Terrace Park
208,941
LAGUNA TERRACE PARK
30802 S. Coast Hghway
Laguna Beach, CA 92651
I
FERGUSON PARTNERS
I Same As Above
4199 Campus Drive, #1000
Irvine, CA 92715
I
i
GENTRY GOLF
413 Island Golf Center
195,619
14893 E. Ball Road
j
Anaheim, CA
GORDON & WILLIAMS
468 Rotoshake
175,898
26081 Merit Circle #123
477 Teen Center (K.B.F.)
! 49,140
Laguna Hills, CA 92653
484 Roaring Twenties - North Project (K.B.F.)
278,005
(714) 367 -7818
i
NnhoiaW�nlobiutTmWw g;i 5 of 9 pages
GIIESPIE CONSTRUCTION, IN•
COMPLETED PROJECTS
As of March, 97
CONTRACT
CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT
HON DEVELOPMENT
335 Storm Drain, Stairway
755,420
25200 La Paz Rd., #210
Laguna Hills, CA 92653
(714) 586 -4400
IRVINE RANCH WATER DISTRICT
387 Pump Station {
575,795
15600 Sand Canyon Ave.
Irvine, 92618
(714) 453 -5300
I
i
KNOTT'S BERRY FARM
119 Various Grading &Improvements
i 734,000
8039 Beach Blvd.
121 Various Grading & Improvements
Buena Park, CA 90620
144 Storm Drain Improv.
(714) 220 -5228
161 Parking Improvements
j
185 Dolphin Park Improv.
315 Landscape Maint. Grading
45,591
389 Grand Ave. Parking Lot
373,490
407 Spirit Lodge
293,855
426 Steak House
I 62,986
1 431 Fiber Optics Phase HA
565,061
442 Farmwide Communications
171,361
468 Rotoshake
175,898
LAGUNA BEACH COUNTY WATER
339 Grading & Storm Drain Improvements
j
i 392,000
DISTRICT
306 3rd Street
}
Laguna Beach, CA
(714) 494 -1041
f
LAIDLAW GAS RECOVERY SYSTEMS
324 Grading Improvements
329 Sewer & Water
i
449,532
857,000
39899 Ballentine Dr., Ste. 275
Newark, CA 94560
334 Methane Gas Header
238,000
336 Landscaping
71,000
346 Realignment of Sewer, Water & Gas Line
161,189
352 Pump Station
95,083
391
i 44,805
LAKE ELSINORE UNIFIED SCHOOL
369 Temescal Canyon High School
309,223
DISTRICT
545 Chaney Street
Lake Elsinore, CA 92330
I
f..`mhol&grn lljoblist\rinished.gil 6 of 9 pages
GIOESPIE CONSTRUCTION, IND
COMPLETED PROJECTS
As of March, 97
CONTRACT
CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT
LOS ALISOS WATER DISTRICT
110 Grading & Site Improvements
95,000
P.O. Box 699
343 Rough Grading
I 817,434
El Toro, CA 92630
LOS ANGELES COUNTY DEPT. OF
371 Eaton Wash Spreading Grounds
373 Schabarum Regional Park
j 893,734
- 790,116
PUBLIC WORKS, MISC. DEPT.
900 S. Fremont Ave.
398 San Dimas Reservoir
797,640
Alhambra, CA 91803
406 Kenneth Hahn Park
379,546
408 Santa Anita Debris Basin
261,343
434 Morgan Debris Basin
338,377
439 Rio Hondo Spreading Grounds
j 913,201
ORANGE COUNTY EMA PUBLIC
340 Ahso Beach Front Improvements
344 OCEMA (Pelican Hill)
297,203
I 484,785
WORKS DEPT.
P.O. Box 4048
347 Bee Canyon Landfill
165,992
Santa Ana, CA 92702 -4048
351 Portola Parkway Storm Drain
113,000
359 Santiago Canyon Landfill
j 507,089
ORANGE COUNTY WATER DIST.
` 380 Santiago Basin Revegetation
178,080
10500 Ellis Avenue
1 402 Alamitos Barrier Injection Well
142,567
Fountain Valley, CA 92708
PULTE HOME CORPORATION
337 Grading & Storm Drain Improvements
1,110,298
270 Newport Center Drive
345 Retaining Wall
'i 33,731
Newport Beach, CA 92660
424 Storm Drain & Street Repair
i 27,286
(714) 721 -0622
I
RANCHO SANTA MARGARITA
381 Antonio Parkway
166,196
30211 Avenida de Las Banderas, Ste. 200
Rancho Santa Margarita, CA 92688
i
RANCHO SANTIAGO COMMUNITY
372 Parking Improvements
1,606,214
'
COLLEGE
17th Street at Bristol
Santa Ana, CA 92706
_
I
REAL ESTATE DEVELOPMENT
183 Grading - Tract 11356, Lot 6
1 29,758
18302 Irvine Blvd., Ste. 360
303 Point Del Mar
70,000
Tustin, CA 92680
i
Paihold*g AjoblistTWslw&gil 7 of 9 pages
GIL&SPIE CONSTRUCTION, [NO
COMPLETED PROJECTS
As of March, 97
CUSTOMER NAME & ADDRESS JOB LOCATION
CONTRACT
AMOUNT
REGENTS OF THE UNIVERSITY !
199 UCI Parking Lot No. 14
i 145,000
OF CALIFORNIA AT IRVINE
303 UCI Parking Lot No. 18C
110,000
Irvine, CA 92717 j
313 Lot 6 & 80 Modifications
j 118,963
318 Unit 5 Site Grading
! 252,567
384 UCI Grading, Storm Drain
i 258,312
417 Erosion Control
18,803
433 Jamboree Widening
138,900
RESEARCH ENTERPRISES
323 Research Enterprises
2,500
SADDLEBACK VALLEY
430 Saddleback Valley School District
25,050
SCHOOL DISTRICT
STANDARD PACIFIC
327 Bike Way Drains
13,500
1565 W. MacArthur Blvd. {
349 Retaining Walls
122,699
Costa Mesa, CA 92626
(714) 546 -1161
STATE OF CALIFORNIA DEPT.
108 El Pescador State Park
63,000
OF PARKS AND RECREATION
112 Topanga State Park
14,400
i
2422 Arden Way, Ste. A -1
Sacramento, CA
i
STATE OF CALIFORNIA MISC.
429 Pavement/Drainage
149,800
1111 Howe Ave., Ste. 650
Sacramento, CA 95825 -8541
TAISEI CONSTRUCTION
480 Monarch Beach Storm Drain
! 138,839
301 E. Ocean Blvd., Ste. 400
480 Monarch Beach Storm Drain Phase 11
j 220,000
Long Beach, CA 90802
THE BREN COMPANY
1 354 Pelican Hill Pump Station
':, 621,945
5 Civic Plaza, Ste. 100
Newport Beach, CA 92660
THE IRVINE COMPANY
139 Big Canyon Grading
120,000
550 Newport Center Dr.
141 Entryway Improvements
i 165,000
Newport Beach, CA 92660
145 Grading & Improvements
600,000
(714) 720 -2000
147 Site Improvements
480,000
149 Back Bay Erosion Control
120,000
157 Flagstone Park
i 143,693
158 Big Canyon Landscape
i 700,000
310 Mac Arthur Blvd. Widening
552,411
E4nholftenamAjoblistVnishe"I 8 of pages
AESPIE CONSTRUCTION, It.
COMPLETED PROJECTS
As of March, 97
CUSTOMER NAME & ADDRESS JOB LOCATION
CONTRACT
AMOUNT
T_ HE iRViNE COMPANY (Continued)
178 Center Dr. Realignment
135,000
179 Monroe Street Improv.
j 91,000
182 RC. Box Structure
56,242
187 Jamboree Road Widening
458,479
189 Big Canyon Slope Repair
66,000
190 Post Office Parking Lot
158,214
i
317 Sewer Cleanout
4,300
j
163 Back Bay Sewer
i 45,000
174 Los Trancos Parking Lot
140,000
333 Peters Canyon Grading
382,000
338 Jamboree Rd. Widening
; 566,000
360 Pelican Bill Syphon
414,000
361 Pelican Bill Road
35,000
378 Rock Shelter
27,729
392 Newport Coast
28,808
397 Pelican Hills Golf Course
i
126,687
THREE VALLEYS MUNICIPAL
386 Miramar Reservoir
j 1,587,000
WATER DISTRICT
`
3300 Padua Avenue
Claremont, CA 91711
i
TRI -STAR CONSTRUCTION
314 Luau Area and Gold Rush Camp
116,591
i
UNION OIL & GAS DIVISION
177 Kraemer Access Road
67,500
Western Region
9645 S. Santa Fe Springs
Santa Fe Springs, CA 90670
WESTERN INDUSTRIAL
342 Raymer Avenue Street Improvements
j 136,008
3325 Pico Blvd.
Fullerton
cHd,oidt�niobivt\rnishca®i 9 of 9 pages
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of (Aa,frs
PAGE 7
being first duly sworn, deposes and says that to or she is
Cqireatani Tins f qileSt ie. 6ZIISL16 yak , the party making the foregoing bid;
that the b& is not made in the ihterest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
l
�Vk, G e GV /Ycas�.rer
Bidder V AuthorizE0 SignaturefTitle
Subscribed and sworn to before me this day of
Notary Public
0
CommiWon # 11 &5429
N"E,�V iC - California
Oran¢ County
mVComm.a0w Moy31.3=
My Commission
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt of
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
• CERTIFICATE(S) OF INSURANCE
• GENERAL LIABILITY INSURANCE ENDORSEMENT
• AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
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.
The Labor and Materials Payment Bond and Faithful Performance 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.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract
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 VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
PAGE 9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
CONTRACT
THIS AGREEMENT, entered into this 24th day of August, 1998, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Gillespie Construction, Inc., hereinafter "Contractor,"
is made with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
Project Description
3094
Contract No.
B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder
and Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal,
Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and
Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard
Special Provisions, Plans and Special Provisions for Contract No. 3094, Standard
Specifications for Public Works Construction (current edition) and all supplements and
this Agreement, and all modifications and amendments thereto (collectively the
"Contract Documents "). The Contract Documents comprise the sole agreement
between the parties as to the subject matter therein. Any representations or
agreements not specifically contained in the Contract Documents are null and void.
Any amendments must be made in writing, and signed by both parties in the manner
specified in the Contract Documents.
2. SCOPE OF WORK Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the
Project:
PAGE 10
All of the work to be performed and materials to be furnished shall be in strict
accordance with the provisions of the Contract Documents. Contractor is required to
perform all activities, at no extra cost to City which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. As full compensation for the performance and completion of the Project as required by
the Contract Documents, City shall pay to Contractor and Contractor accepts as full
payment the sum of three hundred fifty -nine thousand seven hundred sixty -two no /100
Dollars ($359,762.00).
This compensation includes:
(a) Any loss or damage arising from the nature of the work,
(b) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(c) Any expense incurred as a result of any suspension or discontinuance of the work,
but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5
on the Richter Scale and tidal waves, and which loss or expense occurs prior to
acceptance of the work by City.
4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract,
before making its final request for payment under the Contract Documents, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Contract. Contractor's acceptance of the final payment shall constitute a waiver of all
claims for compensation under or arising out of this Contract except those previously
made in writing and identified by Contractor in writing as unsettled at the time of its
final request for payment.
5. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Bill Patapoff
(949) 644 -3311
CONTRACTOR
Gillespie Construction, Inc.
245 S. Fischer, Suite B -3
Costa Mesa, CA 92626
(714) 957 -0233
6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this
Contract, hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
0 0
7. INSURANCE
PAGE 11
(a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII
and insurers must be a California Admitted Insurance Company.
(b) Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by City before work commences. City reserves
the right to require complete, certified copies of all required insurance policies, at
any time.
(c) Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage "occurrence" form
number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002
(Edition 1/73) covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Broad Form Comprehensive General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. Minimum Limits of Insurance
Coverage limits shall be no less than:
1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
0 0
PAGE 12
3, Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California and Employers Liability.
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
(a) City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by or
on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to City, its officers, officials, employees or
volunteers.
(b) Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
(d) Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(e) The insurance afforded by the policy for contractual liability shall include liability
assumed by contractor under the indemnification /hold harmless provision
contained in this Contract.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
9 0
3. All Coverages
PAGE 13
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
E. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
F. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
A. City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
B. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole or active negligence or willful misconduct of City, its officers or employees.
0
PAGE 14
D. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
E. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in "C" above.
F. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all
other Contract Documents by Contractor is a representation that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is
to be performed, and has correlated all relevant observations with the requirements of
the Contract Documents.
10. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
11. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
• o AS TO FORM:
•-
CI
A
J
go
IIAQ
re and Title
i I Iespie - f hes ickN-
Ah
Ah
CERTIFICATE .OF INSURANCE
Date (mm dd yq
Prodc'r' 7 289-7676
Seltzer Insurance Service
THIS C=rrnw ss
v IS IM AS A WArM OF =�OK
ONLY AND CONFERS NO RIGHTS UPON CERTIFICATE RDInEa-
1524 East Mayfair Avenue
Orange, CA 92867
zms CERrIPICAM DONE NOT MGM, EXTEND OR ALTER THE
CoYEEIGE AFFORD® BY THE POLICIES BELOW.
CDPANIES AFFOR COVERAGE
Company Reliance Insurance Company
A
Company progressive Casualty Ins. Co.
B
Insured GILLE03 -DEB
Company Fireman's Fund Insurance Company
C
Gillespie Construction, Inc.
company State Compensation Insurance Fund
245 Fischer Avenue, STE #B -3
'OVERAGES
TI!S IS -.^, CERTIFY THAT rHE POLIC!LS OF : NSLURANCE LISTED BELOW HAVE BEEN ISSUED :'0 -HE 'NSVRED VAYED ABOVE -�R TRr POLICY
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY
POLICY
CD
LT R
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
HATS
EXPIRATION
DATE
II4TS
L
A
LIABILITY
Commercial General Liab
Claims Made Occur
Sal 3002815
04/01/98
04/01/99
General Aggregate
Products-Cop
$
Personal E Adv Injury_
$
Each Occurrence
$
Owner's 5 Cont Protective
Fire Dama elan 1 fire)
$
Med E anv one person)
ILE LIABILITY
Any Auto
CA08080671 -1
12/05/97
12/05/98
Combined Single Limit
5
All Owned Autos
Bodily Injury
B
Scheduled Autos
Hired Autos
(per person)
$
Bodily Injury
Non -Owned Autos
(per accident)
$
POMP/ O . .T TON
INCLUDED
Property Damage
GARAGE LIABILITY
Auto Only - Ea Accident
$
Any Auto
Other Than Auto Only
.....................
Each Accident
$
Aggregate
EXCESS LIABILITY
Each Occurrence
$
Umbrella Form
Other Than Umbrella Form
Aggregate
$
D
WORKERS' COMPENSATION AND
he Propr LIABILITY
The Proprietor/ Inc)
Partners /Executive
Of£icexs are: Excl
44- 19117 -97
09/01/98
09/01/99
/IStat.t.ry Limi the
_.. _. _.. _::::........... I"
EL Each Accident
$
EL Disease-Policy Limit
$
EL Disease -Ea Employee
OTHER
C
Equipment Floats
ontractor Equip
MZX80701622
04/01/98
04/01/99
375,500 Limit
100,000 Hired /Rented
DESCRIPTION OF OPERATIGBIS /IDMIONS /VEIICIM /SPECIAL IT2MB
ertificate Holder is named Additional Insured as per attached endorsement
with respect to work performed: Buck Gully / Little Corona Beach Outlet
edification.
AIVER OF SUBROGATION TO BE INCLUDED
CERTIFICATE IfJLIER CAI3CSLLATION
09
SRORLD ANY OF THE ABOVW DESCRIBED POLICIES BE C7NNCIELIM BEFORE THE
ityy Of Newport Beach
ublic Works Department
300 Newport Boulevard
ewport Beach, CA 92663
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL � MAIL
_DAYS WRITTEN NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE
LEFT,
ed Represe /nta e
n
/�
tip QWTiC IPp CO!npan rN 3rte QwIR 2 -5s {Ol 95 ?.
0
POLICY NUMBER: SJ3002815
0
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES, OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART:
SCHEDULE
Name of Person or Organization:
THE CITY OF NEWPORT BEACH
ITS OFFICERS, OFFICIALS, EMPLOYEES
AND VOLUNTEERS
330 Newport Boulevard
Newport Beach, CA 92663
CONTRACT NO. Buck Gully / Little Corona Beach Outlet Modification
If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured
the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured by
or for you.
IT IS FURTHER AGREED THAT SUCH INSURANCE IS AFFORDED BY THIS POLICY FOR
THE BENEFIT OF THE ADDITIONAL INSURED SHOWN SHALL BE PRIMARY INSURANCE,
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE
EXCESS AND NON - CONTRIBUTORY, BUT ONLY AS RESPECTS ANY CLAIM, LOSS OR
OR LIABILTIY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND
ONLY IF SUCH CLAIM, LOSS OR LIABILITY IS DETERMINED TO BE SOLELY THE
NEGLIGENCE OR RESPONSIBILITY OF THE NAMED INSURED.
jz{
AUT ORIZED REPRESE TIVE
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
Page PR -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
BUCK GULLY /LITTLE CORONA BEACH OUTLET MODIFICATION
CONTRACT NO. 3094
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
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. 3094 in accord with the Plans and Special Provisions, and will take in
full payment therefore the following prices for the work, complete in place, to wit:
ITEM
QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT
PRICE WRITTEN IN WORDS
UNIT
PRICE
TOTAL
PRICE
1.
Lump Sum
Mobilization /Demobilization
@ a ollars
and
Cents
$ 1 000 $
Z 006
Per Lump Sum
2.
Lump Sum
Demolition
@ 1, Dollars
and
Cents
$ � $
1
// TT
Per Lump Sum
3.
Lump Sum
Earthwork
-'
Dollars`
and
� oaa
Cents
$ �_/y,$
Per Lump Sum
/
0
Page PR -2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 1,350 cy Infilling and Grading
@ ��;;� Dollars
and
Cents $ 8- $ /O. 000
Per Cubic Yard
5. Lump Sum Slope Bank Protection
@/� Dollars
and
A)0 Cents $ /01 boo $ /81 em
Per Lump Sum
6. Lump Sum Cast -In -Place Piers
@ Dollars
and
,t%o Cents $ 22,000 $ ?,Z, 000
Per Lump Sum
7. Lump Sum Cast -In -Place Weir Wall
@ Dollars
and
,v G Cents $ V000 $ y,, 000
Per Lump Sum
8. Lump Sum Weir Wall Toe Protection
@ ollars
and
1410 Cents $ 2b, 000 $ 28,000
Per Lump Sum
9. Lump Sum Subsurface Drain System
@ Dollars
and
N0 Cents $ (, o $ (a) 000
Per Lump Sum
0
Page PR -3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. Lump Sum Storm Drain Outlet
@ z4a;c Aj�/Dollars
and
q-) y Cents $ S- $ S,aoa
Per Lump Sum
11. Lump Sum Storm Drain Energy Dissipator
@ -Lt- :&A.6, Dollars
and
NO Cents
Per Lump Sum
12. Lump Sum Sewage Pipeline
@�.--4L�eoIlars
and
fyo Cents
Per Lump Sum
13. Lump Sum Sewage Pipeline Scour Protection
@ Dollars
and
.UO Cents
Per Linear Foot
14. 430 Feet Curbs and Gutters of Access Roadway
$ 20oao $ 2,000
000 $ 3q. ooD
$ 00a $ /9� 000
@ Dollars
and
,d0 Cents $ /S-" $
Per Linear foot
15. 128 Feet Curbs and Gutters of Access Ramp
@f Dollars
and
Wo Cents $ /5/ $ X92
Per Linear Foot
•
Page PR-4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
16. 135 Tons Asphalt Concrete Pavement
@ Dollars
and
Cents $ _2_ $ 94 F2a-`
Per Ton
17. 140 Tons Aggregate Base
@ Dollars
and
Cents $ SD $ � 000
Per Ton
18. Lump Sum Catch Basin Extension
@ Dollars
and
t/0 Cents $ _ 3,noo $ 3,000
Per Lump Sum
19. Lump Sum Concrete Stairs /
@ Dollars
and
Nd Cents $ 000 $ z, 000
Per Lump Sum
20. Lump Sum Hand Rails
@ 7tmQffle/ Dollars
and
Ny Cents $ S_�o $ S, 000
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
-7Z� Dollars
and
Cents $ 379, 74,2 "
Total Price
Page PR -5
Bidder's N
Bidder's Address oL t r, S. �Ft Scko -� n4- C3 - 3 C.nsh M,--S Crr`i�
Bidder's Telephone Numbe
Contractor's License No. &
Date Auth ized Signature & Title
SeGr-E +�y�q r RStirc!^