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HomeMy WebLinkAboutC-3094 - Little Corona Beach, Buck Gully Outlet Structure Modifications (Consultant's Agreement)0 1! TO 0 C3y) • _3 0 1 H August 24,1998 CITY COUNCIL AGENDA 'I CITY 0`yd�..;.J, -"�� H 1 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 11 i 0 0 Z, O H Q U w A O H w a H A O x U d W ra Q z O x O U W a H H a U ti ti e Q w �® Z g Z O U O W W ti O a a 0 O wl Q a Q MW W O a 3 W Z LL O V F., Z W Q a W C0 Y LL Q U MJ W a Z O Q U O O Q7 rn w N J } co wl w F � W Z rn U F wW z' 00 Z Of w m O O (V r Cl E m m C O 0 M O G E Y a � GO o v a V � m n O` 2 U O1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o o vl 000ui000ovioouioov� -o �cio ro o m o r o m o0 o m W o 0 o e o M io o n o m � Y N ¢ 43 di A f9 M i9 (A W W m � 1((pJ N o 0 O o 0 0 o 0 0 o o o 0 0 o n m o o o 0 0 0 m o 0 0 0 0 0 0 0 0 0 o v 0 0 0 0 O a0 of N 6l O N O O O m O W O ill 0 0 W W O 0 O O W m O r 0 -� Z O n m W O Q Q) m V M O n m�� 0 M 69 m •- m b9 W m V3 m �-- rp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O f- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p Z . . . . . . . m 66 0 0 0 p C O O O N O O N O O O O O W m M 0 0 0 0 p U O W m 0 r Z l O M O Oct O O m M tp N r W O N O W n V Ol � W V? m N O r N t0 M et N m h to m fA fA 69 fA fA M (A f9 69 1A � QfA � U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z W m 0 H3 m O O M O W 0 0 N m f9 f9 W O N cr W r v Of d' W V V m N O r m Ol r M m N m O W N f9 W N N M W fA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O !- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � Z o 0 o ui o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o uj 0 0 0 0 0 O O O O O O O O O O W O 0 0 0 0 p U O m 0 0 O O O O W O O D O Ol V W W 0 0 0 O O O O O m O a O M O O m O N V O N N? 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IA m� f9 f9 f9 f9 f9 m w¢ � - N � y O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E ' o d d of o 0 0 0 0 0 0 0 o n e ro o 0 0 z 0 0 0 M 0 0 0 0 0 0 0 w z (Q LQ m N V aNp R OW i w W O N W W N W N O 010001011-11-1Z ZOOM O W m O M N Mv - a CY a c O 1O y OKQ c Z o c E 'ul La a �^ �^ E x o � '-y o m m rn U v o aEi m ° U w LU F- C C A 0 m C N =ay L N o m �° w =mi�ci3inw'mrfi0� o cici ¢L)i�x� w m O O (V r Cl E m m C O 0 M O G E Y a � GO o v a V � m n O` 2 U O1 E 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 10/16/96 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 f: \g roups \pubworks \buck \n obi ag mt. doc 10/16/96 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 fAg rou ps \pu bworks \buck \noblag mt.doc 10/16/96 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 fAgrou ps \pu bworks \buck \noblag mt.doc 10/16/96 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 10/16/96 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 f: \g rou ps \pu bworks \buck \noblag mt.doc 10/16196 0 • 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. 8 f: \g rou ps \pubworks \buck \noblagmt.doc 10/16/96 w • 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. 9 f: \g rou ps \pu bworks \buck\noblagmt.doc 10/16/96 0 0 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 10 f: \g rou ps \pu bworks \buck \noblagmt. doc 10/16/96 • • 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 li f: \g rou ps \pubworks \buck \noblagmt. doc 10/16/96 0 0 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. 12 f:\groups\pubworks\buck\noblagmt.doc 10/16/96 0 0 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 13 fAg rou ps \pu bworks \buck \noblagmt. doc 10/16/96 0 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. 14 f:\g rou ps \pu bworks \buck \noblagmt. doc 10/16/96 0 0 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 f: \g rou ps \pubworks \buck \noblagmt. doc 10/16/96 i • 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. f:\groups\pubworks\buck\noblagmt.doc 10/16/96 • 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 % ® e¢ %2 E» a» %$ §$ m a § 75 0\ kf & $ a) � §\ Ez 9 \\ /\ �z § �G / § I kk 2 J m a & \� §\ Ez 9 \\ \ § �G § I kk � 2 J 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. p N M Q 10 t� .................................................................. ............................... ... ... V � A N A � OI aW N LL N a ..................................................... ............................... ............................. a 10' m v m o C r ................................. ............................... ................... ............................... S Z Z Q `u O m U a J Z L 0 O K ................................. ............................... O � a � T O C G a7N B E V F �A w K mp o' LL N c o y m c a Y H a t f C O T CO) g' LL oog C Ep g y Z r U 6 D 1L r Y U 5 LL` U LL LL` a` U U U K U W � J I ca ti Z 0 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. c m 0 x 0 m N O a n d J O O O a C N PL z O_ 3 X O a W m N m J Vt I 1 • EXHIBIT B 100 a N n n T o o °Co m N O N N 0 D m3 (o Q = O ° N O N N o a N o O N a m (D 0 < 0 O Oc _ o 9c m = 2 41 > om o Z N n a T m < C m n d O m < v �n N (D 0. (D n N m o c '3 �+ O 3 P 71 O d � m m z O Q N � N W A W A A A A O n 0 x r z N c A O A A A W W A W A O N I d 0 + + m E a w c C W W W O d � N d W ICO n N + A — � N A A N N c o 0 � W C '9 O o 'm i d � - O O > O O O K ry A 7 9 O N O N O N O N> O N O ta W O N J N N N v N N v N b N W W 10 W IO V O m O T y� fJ W N O 0 O W M A O W W O O N O N tD N W O T m m y n 2 m v C r m • CITY CLERK - CITY OF NEWPORT BEACH k PORT U � c'�ci�oR��P 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 L 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 +4 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!^