The URL can be used to link to this page

Home My WebLink AboutC-3157 - Dahlia Avenue Street EndFernleaf Avenue Slope Repair ProjectApril 11, 2002 C14 Y OF NEVi/I'ORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Suite A Newport Beach, CA 92663 Subject: Dahlia Avenue Street End /Fernleaf Avenue Slope Repair Project (C -3157) To Whom It May Concern: On April 10, 2001, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on May 17, 2001. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08427484. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC/ AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach EXECUTED IN FOUR COUNTERPO, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PAGE 16 DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 BOND NO. 08427484 FAITHFUL PERFORMANCE BOND .8 FOR THE FIRST 147,612 400 000 The premium charges on this Bond is $ • 77 FOR THE NEXT 2 being at the rate of $ 4,567.00 _ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Metro Builders & Engineers Group, Ltd., hereinafter designated as the "Principal ", a contract for construction of DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT, Contract No. 3157 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. 3157 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of four hundred fifty -seven thousand, six hundred twelve and 001100 Dollars (5547,612.00) lawful money of the United States of America, said sum being equal to i00% 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 nufl and void. 0 PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount specked 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 Principal in full force and effect for one year 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 26THday of APRIL 12000 METRO BUILDERS & ENGINEERS GROUP, LTD. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE #700 PASADENA, CA 91101 Q1� Autho ¢e Agent Signature JAY P. FREEMAN ATTORNEY -IN -FACT Address of Surety Print Name and Title 626 792 2311 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED fA=isV1x0sh2ied\mnM=\99 -00 \Wh112 • 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA S.S. COUNTY OF SAN BERNARDINO On 4/28100) before me, Janet L Miller Notary Public personally appeared J_ay_ P Freeman personally known to me; X or proved to me on the basis of satisfactory evidence to be the person-(�' whose name4-5r is /ate subscribed to the within instrument and acknowledged to me that (he /its /thy) executed the same in his />er /tbr authorized capacity(iezT, and that the entity upon behalf of which the person(e4 acted, executed the instrument. WITNESS my hand and official seal. (SEAL) i r c a ... ..mot -., ... ..- °vr,.o,tia. .»,.�.4,._= . >,_ -..•. S' nature of N)tar Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. —Individual(s) Corporate officer(s) Titles: Partner(s) X Attorney -in -Fact —Trustee(s) —Guardian/Conservator Other: Signer is representing: and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED KAS1149637 TO THE DOCUMENT DESCRIBED ABOVE. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �.l•.:' _ _ 'V J "�:.1 <�`r v .. �. _ �, .. �= CCC -:G'r -C'.. "C`GYL �. _ �' : <'C.:.�`C "� .. State of 0 C� -\"> County of On _!5 �o before me' v note personally appeared Name and Title of Officer (e.g.. 'Jane Doe. Notary personally known to me-OR - proved to me on the bas of satisfactory evidence to be the person(s)\ whose name is /*N subscribed th within instrument and acknowl ed to me that he/ e/t executed the same in his /h /t it authorized ca ity(i and that by sFb psb°a°r+� his /hh�r /ttreir signature ) on the instrument th Rerson� *rsn Pu M`9 or the entity upon beh f of which the person( acted, executed the instrument. WITNES my hand and official sea Signature of Notary PuGlic OPTIONAL Though the information below is not required bylaw, 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: �c 1a �C� )� Document Date: _�' 2 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:-il_A_2j- �K' r r, Individual S Corpora fficer Partner — Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Top of thumb here 5 h %S S Signer Is Representing: h F Signer's Name: L; Individual ❑ Corporate Officer Title(s): J Partner — Limited D Attorney -in -Fact General n Trustee Guardian or Conservator Other: Signer Is Representing: t a h l 0 1995 National Notary Association • 8236 Rommel! A.., P.O. Box 7784 • Canoga Pam CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800.876 -6827 May 17, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Suite A Newport Beach, CA 92663 Subject: Dahlia Avenue Street End /Fernleaf Avenue Slope Repair Project (C -3157) To Whom It May Concern: On April 10, 2001, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 12, 2001, Reference No. 20010219465. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08427484. Enclosed is the Labor & Materials Payment Bond. Sincerely, ,4" A, /,, /Wd, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer encls. 3300 Newport Boulevard, Newport Beach EXECUTED IN FOUR COUNIRPARTS PREMA INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 BOND NO. 08427484 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Metro Builders & Engineers Group, Ltd., hereinafter designated as the "Principal," a contract for construction of DAHLIA AVENUE STREET ENDIFERNLEAF AVENUE SLOPE REPAIR PROJECT, Contract No. 3157 in the City of Newport Beach, in stnct 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, 3157 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 FIDELITY AND DEPTMRY OF MARYLAND undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of four hundred fifty -seven thousand, six hundred twelve and 00/100 Dollars (5457,612.00) 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 15 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 perfomned 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 28TH day of APRIL , 20 00. METRO BUILDERS & ENGINEERS GROUP, LTD. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE #700 PASADENA, CA 91101 Address of Surety 626 792 2311 Telephone J-D"^ U Auth rize ignaturefrite Authori ed Agent Signature JAY P. FREEMAN ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) S.S. COUNTY OF SAN BERNARDINO ) On q- /8 if Zo 0 before me, Janet L Miller Notary Public personally appeared JaY P Freeman personally known to me; X or proved to me on the basis of satisfactory evidence to be the person-( -s�_ whose nameks is/a,-,-- subscribed to the within instrument and acknowledged to me that (he /tshg /thy) executed the same in his />er /t>,-ir authorized capacity(izsrl, and that the entity upon behalf of which the person(.e} acted, executed the instrument. WITNESS my hand and official seal. (SEAL) -nevi, L. ras Si ature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _Individual(s) Corporate Officer(s) Titles: Partner(s) X Attorney -in -Fact —Trustee(s) _Guardian/Conservator Other: Signer is representing: and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED KASM"37 TO THE DOCUMENT DESCRIBED ABOVE. • 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of th -Laws of i Company, which are set forth on the reverse side hereof and are hereby certified to be in full fo effect date hereof, does hereby nominate, constitute and appoint Jay P. FREEMAN, of Ontario, C ia, its lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf ety, an o act and deed: any and all bonds and undertakings and the execution of such bonds or unde gs in pu a of these presents, shall be as binding upon said Company, as fully and amply, to all intents and p s, as if d been duly executed and acknowledged by the regularly elected officers of the Company at its officaltimo in their own proper persons. The said Assistant Secretary does hereby ce at the e t et forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said y, and�'2in force. IN WITNESS WHEREOF, the said Vic dent ar A�'stant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FID$i I AND ISIT COMPANY OF MARYLAND, this 25th day of March, A.D. 1999. �� C� ATTEST: FIDELITY AND DE�P� S T COMPANY OF MARYLAND esEnt -1. - By: T. E. Smith taut Secretary W B. Walbrecher Vice- President State of Maryland } ss: County of Baltimore ))) On this 25th day of March, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. J Carol Carol Fa Notary Public Public My Commissi i Expires: August 1, 2000 L142"12-71700 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s State of County of On beforeme,`u 2 t.f�l� y�fZjx"i Date Name and ntle of Officer (e.g.. 'Jane Doe, Notary Public') personally appeared >tersonally known to me – OR – = proved to me on the bast of satisfactory evidence to be the person( whose name Is /kee subscribed tQQthe within instrument and acknowled d to me that he /stye /th executed the sage i his /h gr/th 'authorized cape that by �o� his /h t Ir sl atur on the instrument th ersoin ,, PUB(, or the entity upon behalf of which the person acted, t, executed the instrument. WITNES my hand and official seal Signa ore o/ otary ub is 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 C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed bySi__gne__r__(s\\) \\^ Signer's Namzr Individual � Corpora(eQfficer Title(s): C Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee C Guardian or Conservator U Other: Signer Is Representing Top of thumb here Signer's Name: 0 Individual `u Corporate Officer Title(s): L� r. Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5807 Reorder: Call Toll -Free 1- BOb8768B27 Ll RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Ci Recorded in Officiai Records, County of Orange Gary Granville, Clerk- Recorder !! ii; I1 !11111111111GI;;11!1Irlli1111111 1!1111111 NO FEE 2001021946511'.41 am 04112101 115 27 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 pursuant To Govemment 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 Metro Builders & Engineers Group, Ltd., of Newport Beach, California, as Contractor, entered into a Contract on April 25, 2000. Said Contract set forth certain improvements, as follows: Dahlia Ave Street End /Fernleaf Ave Slope Repair Proiect, C -3157 Work on said Contract was completed on February 23, 2001, and was found to be acceptable on April 10. 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Mary iand. .LL BY Public Wor%s 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 BY City Clerk at Newport BeachcCalifornia. �T O EWpb omo R� Y� � � �, 0ant+' w� a Mn 00 r n� v m M 1"11 d TO: Mayor and Members of the City Council S 1� April 10, 2001 CITY COUNCIL AGENDA ITEM NO. 5 AN i i) FROM: Public Works Department nt p L APPROVLQ SUBJECT: DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR, CONTRACT NO 3157 — ACCEPTANCE AND COMPLETION RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On April 25, 2000, the City Council authorized the award of the Dahlia Avenue Street End /Fernleaf Avenue Slope Repair contract to Metro Builders & Engineers of Newport Beach, California. The contract provided for: • Grading and flattening of the slope above the Fernleaf Avenue roadway (ramp) • Installation of a tan colored sandblasted retaining wall with caisson piles along the top of the slope • Installation of a short masonry block debris wall along the bottom of the slope • Installation of drainage provisions • Installation of a temporary above - ground irrigation system • Planting of shrubs, ground cover, and trees 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: $457,612.00 Actual amount of bid items constructed: 464,387.00 Total amount of change orders: 66,135.77 Final contract cost: $530,522.70 SUBJECT: DAHLIA AVENUE STRqMNDlFERNELAF AVENUE SLOPE REPAIR, CON T NO 3157 —ACCEPTANCE AND COMPLETION April 10, 2001 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional 18 -inch storm drain and concrete drainage swale exceeding the bid item quantities. The final overall construction cost including change orders was 15.9 percent over the original bid amount. Five change orders totaling $66,135.70 were issued to complete the project. They were as follows: 1. A change order in the amount of $1,368.08 provided for removal of an abandoned waterline. 2. A change order in the amount of $1,197.66 provided for a substitute split -face CMU wall block. 3. A change order in the amount of $2,287.50 provided for the demolition and removal of an interfering concrete caisson. 4. A change order in the amount of $36,592.21 provided for pavement replacement, wall foundation drainage fabric, curb replacement, CMU wall at catch basin, splash wall, fee payment to Southern California Edison, and miscellaneous items. 5. A change order in the amount of $24,690.25 provided for additional length of steel piles due to variation in the depth of bedrock and additional grading, backfill, and compaction due to a revised location of the wall at the west end of the site to protect residential property. Funds for the project were expended in the following accounts: Description Dahlia Avenue Street End Slope Repair Miscellaneous Slope Repairs Account No. Amount 7013- C5100023 $497,522.70 7014- C5100508 33,000.00 Total $530,522.70 The original scheduled completion date was September 22, 2000. Due to the extensive additional work required for change orders numbers 4 and 5, the completion date was extended to February 23, 2001. All work was completed by the revised completion date. Respectfully submitt d, PUBLIC WORKS DEPARTMENT Don Webb, Director By: ��• C�ctti(� R. Gunther, P.E. Construction Engineer 0 0 CITY OF NEWPORT BEACH Summit Contracting Webster G. Wiley III 1824 Flower Avenue Duarte, CA 91010 Gentlemen: P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 June 9, 2000 Thank you for your courtesy in submitting a bid for the Dahlia Ave Street End /Fernleaf Ave Slope Repair Project (Contract No. 3157) 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, 0 LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 June 9, 2000 Condon - Johnson & Assoc., Inc. Michael L. Condon 11040 Santa Monica Blvd., #300 Los Angeles, CA 90025 Gentlemen: Thank you for your courtesy in submitting a bid for the Dahlia Ave Street End /Fernleaf Ave Slope Repair Project (Contract No. 3157) 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 P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 June 9, 2000 Retention Walls Company 1531 Grand Avenue San Marcus, CA 92069 Gentlemen: Thank you for your courtesy in submitting a bid for the Dahlia Ave Street End /Fernleaf Ave Slope Repair Project (Contract No. 3157) 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 `J CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS 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 11th day of April 2000 , at which time such bids shall be opened and read for DAHLIA AVE STREET END /FERNLEAF AVE SLOPE REPAIR PROJECT Title of Project Contract No. 3157 $460,000 Engineer's Estimate A roved by Don Webb Public Works Director 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 FONG TSE Project Manager at (949) 644 -3340. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET ENDIFERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONSTO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABORAND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 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. • • PAGE 2 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. Contractor's License No. & Classification ti - ,i Author ed S nature/Title Date R PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STRET_ENDIFERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City ..of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID _ Dollars ($ l0`o OF B.ID , , to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT, Contract No. 8157 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing 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. Witness our hands this 27TH day of METRO BUILDERS 9 ENGINEERS GROUP, LTD. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE PASADENA, CA 91101 Address of Surety 626 792 2311 Telephone MARCH ter, 00 KELLY A. SAITMAN, ATTORNEY -IN -FACT Print Name and Title (Notary ackn6wleddmerit of Principal & Surety must be attached) CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA S.S. COUNTY OF SAN BERNARDINO On / /fir( -k z-7 a026) before me, Janet L- Miller, Notary Public personally appeared Kelly A. Saitman personally known to me; X 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 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and off- 1cia'_ seal. ' -.:. c•r:� SEAL) ! NET L. MILLER COMM. #1147631 < NOTARY PUBLIC - CALIFORNIA N SAN BERNARDINO COUNTY MY COMm. Expires July 20, 2001 C Si ature of Notar/Iy Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individuals) Corporate Officer(s) Titles Partners) X Attorney -in -Fact Trustee(s) _Guardian /Conservator Other: and _ Limited General Signer is representing: ATTENTION NOTARY: Although the information requested optional, it could prevent fraudulent attachment of this to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED KAS/199c3] below is certificate TO THE DOCUMENT DESCRIBED ABOVE. 0 41 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21 20 3 -1 227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full and effe the date hereof, does hereby nominate, constitute and appoint Kelly A. SAITMAN, of Ontario ornia, i ° and lawful agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its beh surety, its act and deed: any and all bonds and undertakings and the execution of such bonds or u ings in nce of these presents, shall be as binding upon said Company, as fully and amply, to all intents an ses, as ' had been duly executed and acknowledged by the regularly elected officers of the Company at its o Baltim d., in their own proper persons. The said Assistant Secretary does hereby celWtha Article VI, Section 2, of the By -Laws of sal trpany, IN WITNESS WHEREOF, the said V esident affixed the Corporate Seal of the said F ��ff TY ANP, A.D. 1999. ATTEST: FIDELI ND I %SEAL E. Smith State of Maryland } ss: County of Baltimore J the t set forth on the reverse side hereof is a true copy of md�*mow in force. o u �3slstant Secretary have hereunto subscribed their names and OSIT COMPANY OF MARYLAND, this 25th day of March, IT COMPANY OF MARYLAND Secretary W. B. Walbrecher Vice - President On this 25th day of March, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. L1428- 012 -7170A Carol J. Far Notary Public Public My Commissi �Expires: August 1, 2000 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company. this 27TH day of MARCH 2000 Assistant Secretary 0 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 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 1. 2. 3. 4. 5. 6. 7. 8. 9. 0 0 9 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 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 Person Telephone Completed Name /Agency To Contact Number Completed And In- Progress Projects Owner: South Pasadena Unified School District Contact: Mr. Bob Vanderwall Phone Number: (626) 441 -5700 Project: South Pasadena High School Gymnasium Location: South Pasadena, CA Contract Value: $1.441,000.00 Description: New gymnasium building Done By Metro: 55 % Completion Date: 4/1/00 9 Metro Builders and Engineers Group Ltd. 2610 Avon Street, suite A Newport Beach, CA 92663 (949) 5154350 Tel, (949) 515 -4351 FAX Owner: County of Orange Contact: Mr. Ralph Maples Phone Number: (714) 567 -7826 Project: Upper Newport Bay Location: Newport Beach Contract Value: $3.152,000.00 Description: 7000 sf of concrete cast in place building with site work Done By Metro: 55 '% Completion Date: 3/3/00 _ Owner: County of LA Dept. of PW Contact. Mr. Joe Camarillo Phone Number: (626) 458 -2540 Project: East Rancho Gymnasium Location: Los Angcles Contract Value: $2.371.000.00 Description: New gymnasium and site improvements % Done By Metro: 60 % Completion Date: 3/1/00 _ Owner: Orange Coast College Contact: Ms. Ardith Ritchev Phone Number: (714) 483 -4673 Project: OCC SAILING CR Location: Newport Beach, Ca Contract Value: $930.00000 Description: New library building Done By Metro: 65 a/o Completion Date: 2/1/00 - ... ....................................... ..... I _ _ ............ -------------- Completed and In- Progress Projects Page 1 of 4eYOO Metro Builders And engineers Group Ltd. Owner: City of Laguna Niguel Contact: Mr. Frank Boges Phone Number: (949) 362 -0325 Project. Moulton Elementary School Joint Use Ball Field Location: Laguna Niguel. CA Contract Value: $1,300,000.00 Description: New soccer and Baseball Fields % Done By Metro: 75 % Completion Date: 2 /I /00 Owner: Orange Coast College Contact: Ms. Ardith Ritchey Phone Number: (714) 438 -4673 Project: Seismic UpgradeBuilding 12., 11 & 80 Location: Costa Mesa, CA Contract Value: $293.000.00 Description: Seismic upgrade of existing buildings % Done By Metro: 70 % Completion Date: 1 /1 /00 Owner: University of California. Los Angeles Contact. Ms. Pam Wilson Phone Number: (310) 82.5 -7074 Project: Parking Structure #3 Improvements Location: UCLA Campus Contract Value: $1.035.000.00 Description: Parking structure upgrades Done By Metro: 85 % Completion Date: 10/1/99 Owner: City of Laguna Beach Contact: Ms. Lisa Penna Phone Number: (949) 497 -0792 Project: Alta Vista Retaining walls Location: Laguna Beach.. CA Contract Value: $350,000.00 Description: Street stabilization/ caisson and lagging % Done By Metro: 85 % Completion Date: 9/l/99 Owner: San Bernardino Associated Government Contact. Mr. Mark Robertson Phone Number: (909) 484 -2469 Project. Sapphire Street route 30 Over- Crossing Bridge Location: San Bernardino . CA Contract Value: $1.900,000,00 Description: Bridge % Done By Metro: 80 % Completion Date: 3/1/99 ............ ................... .. ....................... Completed and In- Progress Projects Metro Builders And engineers Group Ltd. Page 2 0l 7 ..................... 4!3,00 Owner: Long Beach Unified School District Contact: Mr. David Chapman Phone Number: (714) 4904000 Project: International Elementary School Location: Long Beach, Ca Contract Value: $4,039.000.00 Description: New 1200 student elementary school Done By Metro: 85 % Completion Date: 1/1/99 Owner: City of San Diego Contact: Mr. Vishnu Moharirr Phone Number: (585) 627 -3242 Project: Challenger Middle School Joint Use Ball Field Location: San Diego. CA Contract Value: $1.0507000.00 Description: Baseball fields and site improvements % Done By Metro: 75 % Completion Date: 1/1/99 Owner: Orange County Transportation Authority Contact: Mr. Frank Ataiyan Phone Number: (714) 560 -5868 Project: OCTA Parking Structure Seismic Upgrades Location: Santa Ana. CA Contract Value: $847.412.00 Description: Concrete foundation, Shearwalls. shotcrete. extensive new beams and doweling. underpinning and reinforcement of 4 story post tension parking structure % Done By Metro: 85 % Completion Date: 12/1/97 _ Owner: County of LA Dep. Public Works Contact: Mr. Joe Camarillo Phone Number: (818) 458 -2540 Project: Alondra Park Lake Location: Lawndale. CA Contract Value: $1,115,000.00 Description: 10 Acre lake with mechanical and aeration system % Done By Metro: 65 % Completion Date: 9/1/97 Owner: Calif. State San Bernardino Contact: Mr. Hamid Azhand Phone Number: (909) 880 -5136 Project: CSUSB 1000 spaces Parking Lot/ Landscaping Location: San Bernardino, CA Contract Value: $1.412,000.00 Description: 1000 Space parking lot including utilities. and landscaping Done By Metro: 80 % Completion Date: 9 /1/97 ---------- ....---------------------------------- Completed and In- Progress Projects Metro Builders And engineers Group Ltd. ...... .. ....................... Page 3 of 43:00 Owner: Cite of Newport Beach Contact: Mr. Dana Hutchins Phone Number: (949) 6544125 Project: Ground water Development Location: Newport Beach, CA Contract Value: $1,760.000.00 Description: Site improvements and buildings for ground water project Done By Metro: 65 % Completion Date: 9/1/97 _. Owner: Port Of Long Beach Contact: Mr. Paul Sheets Phone Number: (562) 437 -0041 Project: Harlin Site Buildings Location: Long, Beach, CA Contract Value: $2.813,000.00 Description: 5 new port administration and maintenance buildings Done By Metro: 55 % COnlDletion Date: 8/l/97 _ Owner: City of Hawthorn Contact: Mr, Arnie Shadbehr Phone Number: (310) 970 -7965 Project: Reconstruction of Hawthorne Plaza Parking Location: Hawthorne. Ca Contract Value: $400.000.00 Description: Three bridges acroos railroad tracks % Done By Metro: 90 % Completion Date: 4/1/97 _ Owner: County of Orange Contact: Mr. Hernan Pelaez Phone Number: (714) 567 -7837 Project. Santa Ana -Delhi Channel Location: Santa Ana. CA Contract Value. $1,001000.00 Description: 500 ft Section of cast in place concrete flood channel. 60ft wide by 22 ft high . includes shoring, earthwork, concrete, and dewatering % Done By Metro: 80 % Completion Date: 2/t/97 Owner: County of LA Dept. of Public Works Contact: Mr. Joe Camarillo Phone Number: (818) 458 -2540 Project: White Point/ Royal Palms State Beach Location: San Pedro. CA Contract Value: $1,167,000.00 Description: New pump station. masonr. building, grading and site work Done By Metro: 75 % Completion Date: 2/1/97 .. .............. _ ..... ... ..----..........------. ...................... . ................................ .... - -.. ------- -- Completed and In- Progress Projects Paget of 4.3'00 Metro Builders And engineers Group Ltd. • Owner: Contact: Phone Number: Project: Location: Contract Value: Description: Done By Metro: Completion Date: GSA Mr. Roston Manoukian (213) 894 4)777 US Post Office Bell CA $366,000,00 New Steel structure, electrical, heating and fire sprinklers at mail facility 70 % 6/1/96 owner: County of Riverside Contact: Mr. Frank Pclmcck_N Phone Number: (909) 275 -6885 Project: Airport Blvd. Bridge Location: Riverside, Ca Contract Value: $255.000.00 Description: New Bridge with 60' long precast concrete girders and pour -in -place concrete deck % Done By Metro: 90 % Completion Date: 4/1/96 Owner: City of Los Angeles Contact: Ms. Virginia Halley Phone Number: (213) 4854831 Project: Angeles Gate Park . Phase 11 Location: San Pedro. CA Contract Value: $1,480.000.00 Description: New high voltage electrical distribution system, new 6" and 4" domestic water and % Done Be Metro: irrigation water system, new pump concrete masonry, AC Paving, Landscape % Done By Metro: 75 % Completion Date: 3/1/96 Owner: Caltrans Contact: Dave Duncan Phone Number: (714) 472 -0177 Project, Orange County Maintenance Location: Orange. CA Contract Value: $125,000.00 Description: Maintenance station warehouse, concrete, masonry, framing. glazing °% Done By Metro: 60 % Completion Date: 1/1/96 Owner: City of Los Angeles Contact: Richard Klink Phone Number: (213) 485 -4819 Project: Delongpre Park Location: Holhwood, CA Contract Value: $256.000.00 Description: Underground utilities. concrete masonry, lighting, irrigation. landscaping, and play equipment % Done Be Metro: 60 % Completion Date: 11/1/95 .............. ---------------------------------- .............................. Completed and In- Progress Projects Page 5 of 7 43:00 Metro Builders And engineers Group Ltd. Owner: City of Alhambra thvner: County of Orange Contact: Mr. Ralph Maples Phone Number: (714) 567 -7826 Project: Orange County Courthouse Location: Santa Ana. CA Contract Value: $133.00000 Description: Historical restoration of old orange county Courthouse % Done By Metro: 80 % Completion Date: 9/1/95 Owner: City of Alhambra Contact: Mr. Samir Khoury Phone Number: (310) 868 -8266 Project. Fremont Plaza Location: Alhambra, CA Contract Value: $805,000.00 Description: Site utilities. water fire main line, electric, concrete, masonry, landscape Done By Metro: 53 % Completion Date: 8/1/95 Owner: Caltmns Contact. Mr. Oscar Vargas Phone Number: (619) 428 -2903 Project. Descanso Maintenance Location: San Diego. CA' Contract Value: $155.000.00 Description: Project was a pilot to serve as a model fofor all of Caltrans Stations through the state. Work involved a state of the art water treatment system with instrumentation. and extensive electrical work % Done By Metro: 80 % Completion Date: 1/1/95 Owner: Dept. Of Fish And Game Contact: Ms. Katherine Sirk Phone Number: (916) 323 -1570 Project: Outdoor Amphitheater Location: Newport Beach, CA Contract Value: $81,000.00 Description: Outdoor amphitheater using state of the art environmentally friendly paving system. first in this application % Done Bc Metro: 80 % Completion Date: 12/1./94 Owner: Caltmns Contact: Chuck Tranh Phone Number: (714) 472 -0177 Project. Crystal Cove Bridge Location: Laguna Beach. CA Contract Value: $60.000.00 Description: New auto bridge in historic Crystal Covc State Park. Work to conform to historic standards % Done By Metro: 70 % Completion Date: 12/1/94 .......................................................................................................................... ............................... Completed and In- Progress Projects Page of 4!3 +00 Metro Builders And engineers Group Ltd. Owner: City of Industry Owner: City of El Segundo Contact: Rene Bruno Phone Number: (310) 322 -4670 Project: 200,000 gal tank Location: El Segundo, CA Contract Value: $103,000.00 Description: Structural upgrades of elevated water tank and tower involving extensive structural Completion Date: steel work Done By Metro: 100% Completion Date: 9/1/94 _. Owner: City of Industry Contact: Mr. Richard Diehl Phone Number: (818) 333 -3056 Project: Sidewalk improvements Location: City of Industry. Ca Contract Value: $121,000.00 Description: Concrete and Masonry street work Done By Metro: 100% Completion Date: 7/1/94 Owner: City of Baldwin Park Contact: Nadeem Phone Number: (818) 813 -5255 Project-. Street improvements Location: Baldwin Park. CA Contract Value: $55,000.00 Description: Street and sidewalk improvements throughout the cit)' Done By Metro: 100% Completion Date: 10/1/93 Owner: City of Garden Grove Contact-. Mr. Ken Anderson Phone Number: (714) 741 -5826 Project: Shade Structure Location: Garden Grove. CA Contract Value: $125,000.00 Description: New masonry and timber shade structure including plumbing- electrical, and Done By Metro: landscaping % Done By Metro: 60 % Completion Date: 10/1/93 owner. City of Costa Mesa Contact-. Mr. Bruce Covey Phone Number: (714) 754 -5029 Project: Water Treatment System Location: City Yard Contract Value: $67,000.00 Description: Build a new recycling water treatment system for the city yard Done By Metro: 100% Completion Date: 2/1/93 -- ----- ---- --- ------------------ --------------- Completed and In- Progress Projects Metro Builders And engineers Group Ltd. Page 7 of 4!3 ?00 10 0 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of rou Q -) v 1 being first ly s orn, a oses and says th he or she is of `tip O�ty making the foregoi g bid; that the bid is not made in the interest of, or on be If of, any undisclosed person, partnership, company, association, organization, or corporation; at the bid is genuine and not collusive or sham; that parry 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. r' o ►1. :.o ►. �. Bidder Authori Sign ure/Titl Subscribed and sworn to before me this day of IPA j - Notary Public My Commission PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 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 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 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DAHLIA AVENUE STREET END /FERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 CONTRACT THIS AGREEMENT, entered into this 25th day of April, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Metro Builders & Engineers Group, Ltd., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: Description 3157 Contract No. 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 A. 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 Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3157, Standard Specifications for Public Works Construction (current adopted 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. B. 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: 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. F-1 0 PAGE 9 C. COMPENSATION 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 four hundred fifty -seven thousand, six hundred and twelve and 001100 Dollars ($457,612.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. 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. E. 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: Fong Tse (949) 644 -3311 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Suite A Newport Beach, CA 92663 (949) 515 -4350 F. 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." G. INSURANCE 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. 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 PAGE 10 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) 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. b) 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. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. 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. ii. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. 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. v. 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. b) 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. c) All Coverages 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. 5. 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 0 0 PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 2. 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. 3. 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. 4. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. 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. n L-A 0 Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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 and year first written above. ATTEST: CITY CLERK CITY OF NEWPORT BEACH A Municipal C poration AS TO FORM: METRO BUILDERS & ENGINEERS GROUP, LTD. f By: _ J I _g Authon ture and Title a a AORD„ ' ..e . rGnr 'PRODUCER S w DATE (MM'Do") H 05 -31-00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR WEEKS INSURANCE SERVICES ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 17842 IRVINE BLVD., SUITE 118 COMPANY P.O. BOX 424 TUSTIN CA 92781 -0429 A NAVIGATORS INSURANCE COMPANY INSURED COMPANY METRO BUILDERS & ENGINEERS GROUP B COMPANY 2610 AVON STREET, SUITE A NEWPORT BEACH, CA 92663 C COMPANY D c , r. be x v .. ro ,,_�sgy+S`S_ =_ �.t4S1 ea?c t�`5�'e„ A'�,.ci�.. C•_ ��.s bsSSytAi' cE''c-! Sti*?t. THIS IS To CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LT, TYPE Of INSURANCE POLICY NUMBER POLICY EFFECTINE DATE(MMIOOM) POLICY EXPIRATION DATE(MMIODNY) LIMITS GENERAL W&LITY OENERAL AOOREOATE 52000 O00 X OMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG $1,000,000 PERSONAL 6 ADV INJURY 11,000,000 Sj.. CLAIMS MADE FX OCCUR EACH OCCURRENCE $1,000,000 AiX OWNETS4 CONTRACTOR '8PROT 99G040581 11 -11 -99 11 -11 -00 FIRE DAMAGE (My one Me) 150,000 ^l MEO EXP IM,Gne penen) s51000 AUTOMOBILE LJABILITY COMBINED BINOLE LIMIT T ANY AUTO BODILY IW VRY (PPr Demo) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY T HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE(A&UTY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY AAP.FA y ANY AUTO EACH ACCIDENT T AGGREGATE T EXCEEE LIABILITY EACH OCCURRENCE S AGGREGATE S UMBREty. FORM T OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND TORY LIMITS I OER _I EL EACH ACCIDENT S EMPLOYERS' LNBLITY THE PROPRIETOR/ MCI. PARTNERSIEXECUTIVE EL DISEASE - POLICY LIMIT S EL OISEASE EA EMPLOYEE S OFFICERS ARE EJICL OTHER OESCRVTIONOFOPERATT -x OCAT NWE&CLE&BRECNLITEMO JOB; CONTRACT NO. 3157 *REVISED 5- 31 -00* THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE EBY NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT ANF160 08/99. ... iATTN: SHOULD ANY OF THE ABOVE DESCRIBED FOIJGET BE CANCELLED BEFORE THE ITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WI,L J&KSGXK16 MAIL UBLIC WORKS DEPARTMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFCATE HOLDER NAMED TO THE LEFT. FONG TSE 9QK969GKE} C)C NAi} DiCKBCxdfXM! {tXJ6GW60WC14DGbQ3W4lQdCa4i4)fY 3300 NEWPORT BLVD. X X941 }FNKX(MX40*)*XATXXf)44C4w*Ks AUTOO EPREEENTATTIVEE NEWPORT BEACH, CA 92663 :m ms , S �7w 4A;�HS > SJYii,u} •a , •ro. ,`4c ` '. r,Ar Z0 39Vd A835 3Z)NvdnSNI SA33M I66PPPGPIL 90:PI 0002 /i£ /G0 0 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT METRO BUILDERS a ENGINEERS GROUP LTD. POL.#99G040581 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B), CG 20 10 1185 SCHEDULE Nwiie of Person or OrgmAzation: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy and I9 approved by the Company in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. 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 Urat insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by die above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. ANF 160 (08/99) E0 39Va A83S 39NVanSNI SM33M 166VVVSVTL 90:VT 0001/16/90 HH'f. d.ctJ9tJ ,:cLHI'1 STATE P.O. BOX 420807, SAN FRANCISCO, CA 84142 -0807 co MPENSAYION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 01 2000 POLICY NUMBER: 046 -00 UNII 0007760 CERTIFICATE EXPIRES: 1 -1-01 r CITY OF NEWPORT BEACH — LIC DIV —BI—DO DEFT 3300 NEWPORT BLVD (92663) P 0 BOX 1769 NEWPORT BEACH CA 92656 -8919 L This Is to certify that we have issued a valid Workers' Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance Is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED O R Re14T E �� s ^f � PRESIDENT EMPLOYER'S LIADILITY LIMIT INCLUDING DEFENSE COSTS: 41,000.000 PER OCCURRENCE. ENDORSEMF'NT 02570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 09/08/00 IS ATTACHED TO AND FORMS A FART OF THIS POLICY- THIRD PARTY NAMCe CITY OF NEWPORT BEACH LIC DIV —RLD© DEPT EMPLbYER FOUAD ENTERPRISES LTD DBA METRO BUILDERS & EWSR'S GRP LTD 2610 AVON STREET STE A NEWPORT REACH CA 92663 L ?CIF 1D262 (REV. s{sl FILE ISCPY rx........ .... ... ... . ... ACORD CE"E."Immil F..". owl. DATEIMMIDDfM PRODUCER Ix . ... . OS -22 00 X- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR WEEKS INSURANCE SERVICES ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 17842 IRVINE BLVD., SUITE 118 COMPANIES AFFORDING COVERAGE P.O. BOX 424 COMPANY TUSTIN, CA 92781-0424 A GENERAL INSURANCE CO. OF AMERICA INSURED COMPANY METRO BUILDERS & ENGINEERS 2610 AVON STREET, SUITE A GROUP B COMPANY NEWPORT BEACH, CA 92663 c COMPANY D -z -;Z"'. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR `YPEOFINSURANCIT ��UCY NUMBER POLICY EFFECTIVE DATE (MWDDfYY) POLICY EXPIRATION DATE (MMIDM-M yy LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS - COMPIOP ADD S COMMERCIAL GENERAL LIABILITY 0' GAMS MADE F7 OCCUR c PERSONAL & ADV INJURY S EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) S MED EXP (Any one person) S AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S 11000,000 BODILY INJURY (Per person) ALL OWNED AUTO$ SCHEDULED AUTOS A HIRED AUTO$ NON-OWNED AUTOS BA 2174986J 10-19-99 10-19-00 X BODILY INJURY (Per.c.4ent) PROPERTY DAMAGE s GARAGE LABILITY AUTO ONLY -EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT . ... ... .... S AGGREGATE S EXCESS LABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS U"IURY I WC LIMIT T--TIOT� I TORY LIMIT$ I I ER EL EACH ACCIDENT S THE PROPRIETOIV INCL PARTNER SlEXECUTIVE EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE S OFFICERS ME EXCL OTHER DESCRIPTION OF OPERATIONS&OCATIONSNEIRCLESISPECAL ITEMS JOB; CONTRACT NO. 3157 THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE HEREBY NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT BA7241 10/97 Tm x 'xx 07 ...... .. . ....... ...... -X, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL 6)kX"yTX MAIL PUBLIC WORKS DEPARTMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: FONG TSE BYZXXLMXYw&K X KXM KiQX NWAZX XXA XGXA WAXL"X 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 ... ....... . ............ Acc ups Eta: ... ....... . .. .. ...... .. ........ .... ... AUTHOR REPRESENTATIVE . ..... ............. "MPOIL'All W-A'iaa 0 0 S SAFECO METRO BUILDERS & ENGINEERS GROUP LTD. POLICYNUMBER: BA2174986J COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET WAIVER OF SUBROGATION Section IV — BUSINESS AUTO CONDITIONS A.5 is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract." 2. BLANKET PRIMARY INSURANCE This insurance is considered primary and we will not seek contribution from any other insurance available to you for any person or organization for whom you are required under an "insured contract" to provide insurance, but only to the extent that this is provided under Section IV — BUSINESS AUTO CONDITIONS B.5. Other Insurance. 3. BLANKET ADDITIONAL INSURED Any person or organization for whom you are required under an "insured contract" to provide insurance is considered an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II of the Coverage Form. 4. PRIOR NOTICE OF CANCELLATION In the event of cancellation or reduction in the Limits of Insurance of the Coverage Form, we will mail at least thirty (30) days prior written notice to any person or organization for whom you are required to provide such notice under an "insured contract," provided you notify us of such contract requirement at least forty -five (45) days prior to the cancellation or reduction. SA 72 41 1097 MA09,slered vad OA of SAFECO Co,M,1roe. MAY -25 -00 THU 09:12 AM FAX N0. P. 01/09 KCAL- SURANCE California Insurance License 0256292 COMMERCIAL DEPARTMENT FAX COVER SHEET ...................... . .................... I.................... DATE: 5/25/2000 TIME; 8:49 AM TOTAL NO. OF PAGES INCLUDING COVER (9 ) TO FROM ................................. ............................... FAX NO.: (949)644 -3318 FAX NO.: (714)939 -1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6828 EMAIL: cjames @calsurance.com ................................. ............................ . .. RE: Metro Builders Dear Shauna: Certificate for the above - captioned Contractor looks okay, except for one more thing: On the General Liability Policy Additional Insured Endorsement — item #3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the j410 n1gligi= of any additional insured or any of their agents/employees. The word sole negligence is not acceptable, per Item I.H of the checklist, which is also enclosed. Should you have any further questions, let me know. Thank you. Celia J)r�yf_, cu v� Ig� a 333 City Boulevard West, Orangc, CA 92868 • P.O. Box 7048, Orange, CA 92563 -7048 • 714. 939.0800 • 714- 939 -1654 • PR 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL DAHLIA AVE STREET END /FERNLEAF AVE SLOPE REPAIR PROJECT CONTRACT NO. 3157 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. 3157 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Fig �AoTi 17�llars and Cents $ 1 or.) Per Lu p Sum 2. Lump Sum Traffic Control @ h l �R �ulktit�ulDollars and Cents $ Per Lump Sum 3. Lump Sum Survey Service Dollars and Cents Per Lump Sum • PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11 5. C Lump Sum 350 L.F 100 L.F. Grading @ ]uLLj Y�Ij�llars and Cents Per Lump Sum Construct Debris Wall @_ Qollars Per Linear Foot Install 18" RCP Storm Drain (1000D) @Lj_� �LALkLDollars and Cents Per Linear Foot r� $ $ row 7. 300 L.F. Construct PCC Swale @ n Dollars and Cents $ _ $� Per Linear Foot B. 70 L.F. Construct AC Curb @ Dollars and - - Cents $ Per Linear Foot 9. 400 L.F. Construct Cable Railing @ Dollars and Cents Per Linear Foot • • PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 3 Each Construct Concrete Drain Box @ '4A,c-t IUt\�. Qti�_Dollars and Cents $ $� Per Each 11. Lump Sum Remove and Salvage Existing Private Improvements @ q& we I 4z ,aa. � Dollars and Cents 0 Per Lump Sum 12. Lump Sum Construct Retaining Wall i (' rC�011ai S 1r { @ I;�'° 'Cents $ Per Lump Sum 13. Lump Sum Sandblast Retaining Wall @ Y7ue �'�At�u� Dollars and Cents $ c Per Lump Sum 14. Lump Sum Install Temporary Irrigation System @, ollars and Cents Per Lump Sum 15. Lump Sum Install Dwarf Coyote Bush @ `t AKk V- 43tA�Dollars and Cents $� Per Lump Sum 0 0 PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 12 Each Install 5- Gallon Toyon @ Dollars and Cents $ $ Per Each 17. 90 Each Install 5- Gallon Matilija Poppy @ Dollars , W and c Cents $ Per Each 18. 170 Each Install 5- Gallon Desert Grape @ ollars and )C Cents Per Each 19. Lump Sum Plant Establishment and Maintenance Period @ Dollars and o v Cents $ a Per Lump Sum TOTAL PRICE IN WRITTEN WORDS r� U and Cents �-v $ �� f,!tI7_r Total Price (Figures) Bidder shall circle below which wall system he proposed to construct: a. Reinforced concrete caisson wall or Caisson wall with lagging 4/1110c) Date cf�49- Sty -g-3sb Bidder's Telephone Number Sit -�,8C� A, 6:= Bidder's License No(s). and Classification (s) M 20 6—wU,bpxs � eknoFz:Af Bid r � LkA. o ally Bi der's Authorized Signature and Title ;Zlfr0 Aru st . OLL� A L ac L}. iZ�vl.3 Bidder's Address 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP1of11 DAHLIA AVENUE STREET ENDIFERNLEAF AVENUE SLOPE REPAIR PROJECT CONTRACT NO. 3157 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans M- 5339 -S; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 Edition, including Supplements; (4) the Standard Specifications for Public Works Construction, 1997 Edition, including Supplements, (5) the Work Area Traffic Control Handbook, 1996 Edition (W.A.T.C.H.), (6) the State of California Department of Transportation Standard Specifications (Caltrans Standards), 1992 Edition, (7) the State of California Department of Transportation Standard Plans (Caltrans Plans), 1992 Edition, and (8) California Coastal Development Permit No. 5 -99 -293. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00) each. Copies of the W.A.T.C.H. may be purchased at the Public Works Department for Six Dollars ($6.00) each. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, California, 92802, telephone (714) 517 -0970. The following reference geotechnical reports prepared by Bagahi Engineering on the project site are available at the City of Newport Beach Public Works Department for information: "Geotechnical Investigation of Slope Repair. Dahlia Avenue at Fernleaf Ramp, Corona Del Mar, California ", October 1997. "Amendment to Fernleaf Ramp Slope Study — Part II: Slope Repair Fernleaf Alternates. Fernleaf Slope & Dahlia, Corona Del Mar, CA ", September 1998. "Geotechnical Investigation of Slope Distress. Fernleaf Ramp, Corona Del Mar, California ", November 1998. Unless otherwise specified, the following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: 04/11/00 f L] SP2of11 PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this Section, "The work necessary for the completion of this contract include: distribute construction notices to nearby residents; traffic control; construction survey; grading; construct tan colored retaining wall; construct tan colored debris wall; sandblast retaining wall; install drainage improvements; install cable safety railing; install temporary irrigation system; slope planting; plant establishment and maintenance; restoration of landscaping and other private and public improvements damaged by the Contractor; and perform other items of work as required to complete the Work in place." 2 -9 SURVEYING 2.9.3 Surveying Services. Replace this Section with, "The Contractor shall be responsible for the services of a California Licensed Surveyor to provide construction surveys for the work." SECTION 3 - -- CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2 Payment 3 -2.2.2 Stipulated Unit Prices Add to this Section, "In the event that field conditions, as verified by the Engineer, require additional depth of piles or wall sections be constructed, the following stipulated unit prices shall be paid for the extra work completed in place beyond the minimum dimensions shown on the Plans: 1. 36" diameter reinforced concrete pile shall be paid at the rate of $135.00 per linear foot per pile. 2. 30" diameter reinforced concrete pile shall be paid at the rate of $80.00 per linear foot per pile. 3. 36" diameter Cast -In- Drilled -Hole pile shall be paid at the rate of $115.00 per linear foot per pile. 4. 30" diameter Cast -In- Drilled -Hole pile shall be paid at the rate of $70.00 per linear foot per pile. 5. Reinforced concrete wall shall be paid at the rate of $300.00 per cubic yard of concrete placed, including the incidental grading and sandblasting required for the additional depth. 04/11/00 f 0 SP3of11 6. Caisson wall with lagging shall be paid at the rate of $150.00 per lagging installed, including the incidental grading and sandblasting required for the additional depth." 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup Replace this Section with," (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4-- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. Add this Section, "All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all first -time testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When in the opinion of the Engineer, additional tests and re- tests are necessary due to failed tests or inspections, such tests and inspections shall be paid for by the Contractor." 04/11100 0 0 SP4of11 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section, "The contract time shall commence upon the Notice To Proceed. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to the pre - construction meeting. If desired, the Contractor may incorporate into the construction schedule the closure of Fernleaf Avenue /Ramp between Bayside Drive and Seaview Avenue during work hours on an as- needed basis to expedite work completion. Such schedule may be bar chart or CPM style. The Engineer will review the schedule and if the work falls behind the approved schedule, the Contractor may be required to submit a remedial schedule, showing how he will meet the time of completion requirement." 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this Section, "It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. The Contractor shall complete all construction work within sixty (60) consecutive working days upon the start of work and no later than September 15, 2000. Additionally, a 90 calendar day plant establishment and maintenance period shall commence once all construction work has been completed." 6 -7.2 Working Day. Revise "3)" of this Section to read, "any City holiday, defined as January 1st (New Year), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4`h (Independence Day), the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), the Friday after Thanksgiving, December 25th (Christmas), December 24th (Christmas Eve), and December 31st (New Year's Eve). When a holiday falls on a Sunday, the following Monday is a City holiday." 6 -7.4 Working Hours. Modify this Section to read, "All construction work shall be limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and from 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. Fridays) up to 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m. Saturdays, he must first obtain special permission from the Engineer. A request for working during any of these after - hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs at the rate of $50.00 per hour when such time periods are approved." 04/1 1/00 r� V 0 SP5of11 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7-8 PROJECT SITE MAINTENANCE. 7 -8.1 Cleanup and Dust Control. Add to this Section, "All construction debris shall be removed from all public streets and private alleys at the end of each work day." 7-8.5 Temporary Light, Power and Water. Add to this Section, "If the Contractor elects to use City water for the work, he shall arrange for a construction water meter and tender a $750 meter deposit for each meter with the City's Administrative Services Revenue Division. Upon return of the meter to City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7-8.6 Water Pollution Control. Add to this Section, "Surface runoff water containing mud, silt or other deleterious material from the private alley ends along the top of the project limits is anticipated during the work. Such nuisance water shall be treated by filtration or retention in settling basin(s) sufficient to prevent contaminants from entering the Bay through storm drains and catch basins." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, 'The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the Work that are not designated for removal. Such restoration work may include, but not limited to, plants and planters, shrubs, trees, irrigation components, electrical components, fences, concrete, asphalt concrete and concrete pavement within private alleys, etc." Add to this Section, 'There are existing private improvements that are within the public right -of -way and nearby the project limits. The Contractor is advised to thoroughly record the existing site condition for future reference prior to the start of any work." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to the third paragraph of this Section, 'The Contractor shall, at all times, maintain access to the homes served by the private alleys located between the slope and Seaview Avenue." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following, "Construction materials shall not be stored outside of the road closure areas." 7 -10.3 Street Closures, Detours, Barricades. Modify this Section to read, 'The Contractor shall submit all traffic controlldetour plan(s) to the City at least five (5) working days before the pre - construction meeting. Such plans shall conform with the W.A.T.C.H. and shall include provisions for each phase of the work. All traffic control plans shall be signed by a California Registered Traffic or Civil Engineer and shall have incorporated the following conditions: 04/11100 0 0 SP6of11 1. A portion of the Fernleaf Avenue uphill eastbound lane at Bayside Drive next to the existing median island may be closed to through vehicle traffic continuously for storing and staging materials and /or equipment on an as- needed basis for the work. The Contractor shall furnish, install, and maintain road closure information signs on 1/8" thick aluminum sheets mounted on Type -III barricades at Bayside Drive /Fernleaf Avenue. Such signs shall have an orange background, 5" high black lettering, and detail the estimated date of road closure and re- opening. Two (2) weeks prior to the start of road closure, the Contractor shall furnish, install, and maintain one temporary road closure advisory sign at Bayside Drive /Fernleaf Avenue advising the public of the upcoming road closure. Said temporary sign could be made of orange colored plywood sheets with 5" high black letters and be mounted on 4" X 4" wooden posts. The sign shall provide a minimum 7 -feet ground clearance if installed above an existing sidewalk or bike trail. 2. With City approval, the remaining portion of Fernleaf Avenue ramp may be closed only between 8:00 AM and 4:00 PM on work days to facilitate the work that requires a lane closure. This closure shall be re- opened to traffic during other hours. 3. The Contractor shall furnish and install traffic control signs as needed to detour vehicle traffic to Marguerite Avenue during Fernleaf Avenue ramp closure. 4. Emergency vehicle access shall be maintained whenever feasible. 5. The location and wording of all barricades, signs, delineators, lights, warning devices, and any other details required shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience to the public. 6. All warning sign installations shall be reflectorized and /or lighted. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this Section, "The Contractor shall be solely and completely responsible for the condition of the job -site, including the safety of all persons and property during the performance of the work. The Contractor shall fully comply with all City, State, Federal, and other laws and ordinances, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer to conduct inspections, construction review, or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 04/11100 • SP7of11 7 -10.5 "No Parking" Signs. Add this Section to read, 'The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if the streets already have posted "NO PARKING" signs) which he shall post at least seventy - two (72) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department Parking Control Division at (949) 644 -3717 for verification of posting at least forty -eight (48) hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of the parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting." 7 -10.6 Notices to Nearby Residents. Add this Section to read, "Seventy -two (72) hours before the start of any construction, the Contractor shall distribute to all residents within 500 feet of the project, a written Notice stating when construction operations will start; what disruptions may occur; and approximately when the construction will be completed. The written Notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the Notices are distributed. Errors in distribution, false starts, inclement weather, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer." 7 -15 CONTRACTOR'S RECORDS /AS -BUILT DRAWINGS. Add this Section to read, "A stamped set of approved plans and specifications shall be at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be kept up -to -date and so certified by the Engineer at the time each progress payment request is submitted. Upon project completion, the Contractor shall provide the Engineer with an as -built copy of the Plans. The as -built plans shall be accepted by the Engineer prior to final payment or the release of any bonds. All contract records and documents shall be maintained in accord with generally accepted accounting principles and practices and be retained for at least five (5) years after the date of completion. The Contractor shall provide suitable facilities for access, inspection, and copying of such material by the Engineer." 7 -16 CONTRACTOR LICENSES. At the time of bid opening and until the completion of Work, the Contractor shall possess a General Engineering Contractor "A" License. Additionally, from the start and until the completion of Work, the Contractor and each subcontractor shall possess a valid City Business License issued by the City of Newport Beach Administrative Services Department. No work may proceed without the required valid City Business License. ,1zr6rnm 0 SP8of11 SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9 -1.1 General. Add to this Section, "In case of conflicting method of measurement between the City's Standard Specifications and the Caltrans Standard, the City's Standard Specifications shall take precedence." 9 -3 PAYMENT. 9 -3.1 General. Revise paragraph two of this Section to read, "The unit and lump sum prices bid for each item of work shown on the Proposal shall include the full compensation for the labor, materials, tools, equipment, and for performing all of the work required to complete the work in place as shown on the Plans and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment, construction fencing, and perform other items of work necessary to complete the Work under this contract. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, resident notifications traffic control plans, signs, barricades, solar - powered arrowboards, flagpersons, posting and prompt removal of "NO PARKING -TOW AWAY" signs, and perform other items of work necessary to comply with the W.A.T.C.H. and City requirements. Item No, 3 Survey Service: Work under this item shall include the cost of all surveying required to construct the improvements shown on the Plans. Item No. 4 Grading: Work under this item shall include the cost of all materials, labor, and equipment to shore the slope, remove and dispose of export materials at a disposal site outside of the California Coastal Zone, grade, and compact the slope as shown on the Plans. Item No. 5 Construct Debris Wall: Work under this item shall include the cost of all materials, labor, and equipment to remove and dispose of the existing improvements and to construct the tan colored debris wall, backfill, native compaction, reinforced footing, waterproofing, replace existing PCC curb damaged by the work, repaint curbs, and perform other work items as required to complete the Work as shown on the Plans. Item No. 6 Install 18" RCP Storm Drain (100013): Work under this item shall include the cost of all materials, labor, and equipment to furnish and install the storm drain, trench shoring, make connections, and perform other items of work as required to complete the Work as shown on the Plans. 04/11100 SP9of11 Item No. 7 Construct PCC Swale: Work under this item shall include the cost of all materials, labor, and equipment to construct the PCC swale, the 18" storm drain pipe barreled outlets, the transition at 18" drain boxes, the connection at the end of private alley, and to perform other items of work as shown on the Plans. Item No. 8 Construct AC Curb: Work under this item shall include the cost of all materials, labor, and equipment to remove and dispose of the existing interfering AC pavement, sawcuts, subgrade compaction, tack coat, and perform other items work as required to complete the Work as shown on the Plans. Item No. 9 Install Cable Railing: Work under this item shall include the cost of all materials, labor, and equipment to complete the work as shown on the Plans. Payment for this item shall be made as measured along the top of the retaining wall. Item No. 10 Construct Concrete Drain Box: Work under this item shall include the cost of all materials, labor, and equipment to excavate, shore, and construct the reinforced drain box, install parkway grate, make pipe connections, and perform other items of work as required to complete the Work as shown on the Plans. Item No. 11 Remove and Salvage Existing Private Improvements: Work under this item shall include the cost of all materials, labor, and equipment to identify the limits of the interfering existing private improvements that need to be removed to accommodate the work and to salvage and return the removed improvements in reusable condition, to the extent possible, to their private owners. Any existing private improvements that remain after this salvage operation shall be protected in place until the end of the Plant Establishment and Maintenance Period. Item No, 12 Construct Retaining Wall: Work under this item shall include the cost of all materials, labor, and equipment for excavation, trenching, shoring, piling, and perform all items of work shown on the Wall Details that are not addressed elsewhere within this Section. Item No. 13 Sandblast Retaining Wall: Work under this item shall include the cost of all materials, labor, and equipment for coarse sandblast (to 1/2" below finished surface) with an exposed aggregate finish, dust and debris control, dust and debris removal and disposal, and perform other items of work as required. Item No. 14 Install Temporary Irrigation System: Work under this item shall include the cost of all materials, labor, and equipment to make water connection, furnish and install backflow preventer and enclosure, furnish and install irrigation controllers, lines, valves, sprinkler heads, and wirings, pressure test system, adjust coverage as required, provide system operation manuals to the City, train City personnel on system operations, and perform other items of work as required to complete the Work as shown on the Plans. 04/11/00 SP 10 of 11 Item No. 15 Install Dwarf Coyote Bush: Work under this item shall include the cost of soil preparation, provide and place mulch, soil amendments, fertilizers, and planting tablets, install erosion control netting, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the Work as shown on the Plans. Item No. 16 Install 5- Gallon Toyon: Work under this item shall include the cost of soil preparation, make planting pit, backfill, provide and place mulch, soil amendments, fertilizers, and planting tablets, construct temporary water retention basin, install erosion control netting, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the Work as shown on the Plans. Item No. 17 Install 5- Gallon Matilija Poppy: Work under this item shall include the cost of soil preparation, make planting pit, backfill, provide and place mulch, soil amendments, fertilizers, and planting tablets, install erosion control netting, construct temporary water retention basin, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the Work as shown on the Plans. Item No. 18 Install 5- Gallon Desert Grape: Work under this item shall include the cost of soil preparation, make planting pit, backfill, provide and place mulch, soil amendments, fertilizers, and planting tablets, install 6 -foot tall colorized guide wires onto the wall for vine anchorage, install erosion control netting, construct temporary water retention basin, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the Work as shown on the Plans. Item No. 19 Plant Establishment and Maintenance Period: Work under this item shall include the cost of all labor, materials, and equipment to provide weed abatement, maintain healthy turf and plant growth, turf mowing, replace all unhealthy and /or dead plants and turf, and perform other items of work as required to complete the Work as shown on the Plans. 9 -3.2 Partial and Final Payment. Add to this Section, "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements 04/11/00 �r 0 SP 11 of 11 201 -1.1.1 General Add to this Section, "All portland cement concrete used on the work shall be as specified on the Plans." SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General. Add to this Section, "All asphalt concrete used on the work shall be III- C3 -AR- 4000." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Replace this Section with, "All removed unsalvageable materials shall become the property of the Contractor and be disposed of at the his expense in a manner and at a location outside of the California Coastal Zone. All removal and disposal costs shall be included in the unit price bid for that item of work. The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. The Contractor shall maintain monthly tonnage records of solid wastes generated and solid wastes disposed at a sanitary landfill. The Contractor shall report said monthly tonnages to the Engineer on the form provided by the Engineer." 300 -1.3.2 Requirements (a) Bituminous Pavement. Replace the second sentence of this Section with, "Sawcutting of edges to be joined with existing A.C. pavement is required." (b) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of 2 inches and replace the words "1 '/2 inch" of the last sentence with the words "2 inches." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.4 Tack Coat. Add to this Section, "Prior to placing asphalt concrete, a tack coat of Grade SS -1h asphaltic emulsion at a rate not to exceed 1/10 of a gallon per square yard shall be uniformly applied to the existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 04/11/00 C -31 April 25, 2000 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department r SUBJECT: DAHLIA AVENUE STREET END — FERNLEAF AVENUE SLOPE REPAIR - AWARD OF CONTRACT NO. 3157 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3157 to Metro Builders & Engineers Group, Ltd., for the total bid price of $457,612.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $45,000.00 to cover the cost of unforeseen work. 4. Establish an amount of $20,500.00 to cover the cost of construction services. 5. Authorize a budget amendment transferring $119,851.26 from Miscellaneous Slope Repairs Account No. 7014- C5100508 into Account No. 7013- C5100023. 6. Authorize a budget amendment transferring $6,727.70 from the NPDES Program Account No. 7012- C5100011 into Account No. 7013- C5100023. DISCUSSION: The slope above the Fernleaf Avenue roadway (Ramp) experiences recurrent minor surficial slope failures during heavy rain storms. These failures are caused by uncontrolled runoff flowing over the bare hillside (from the private street and alley above the slope) and sloughing induced by the iceplant on the slope, due to its shallow roots and top -heavy structure. Consequently, the Ramp has been routinely closed to vehicle traffic during heavy rain storms. To determine factors contributing to the slope failures, three geotechnical investigations were completed between 1992 and 1998 for the portion of the slope from Bayside Drive to the top of the Ramp. Data collected and analyzed from soil borings and inclinometer installations determined that the slope failures were surficial in nature and could be remedied by constructing a flattened hillside with drainage provisions and erosion control slope landscaping. In order to flatten the existing slope and maintain the 9 0 Subject: Dahlia Avenue Street End — Fernleaf Avenue Slope Repair — Award of Contract No. 3157 April 25, 2000 Page: 2 integrity of the remaining hillside, one retaining wall at mid - height of the slope and another retaining wall along the bottorm of the slope will be required (see rendering). Prior to completing the plans and specifications, a Mitigated Negative Declaration was prepared and filed with the California State Clearinghouse for review by various State agencies. Upon recordation of the Mitigated Negative Declaration by the County of Orange, staff filed an application with the California Coastal Commission to perform the work. The Coastal Commission Permit was granted to the City and requires the installation of an above - ground temporary irrigation system and planting of drought - tolerant native plant species as part of the plans and specifications. At 11:00 A.M on April 11, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low Metro Builders & Engineers Group, Ltd. 2 Summit Contracting 3 Retaining Walls Company North 4 Condon - Johnson & Associates TOTAL BID AMOUNT $457,612.00 $508,000.00 $572,000.00 $645,468.00 Corrected Bid Amount is $558,000.00 The low total bid amount for the project is less than 1 % below the Engineer's Estimate of $460,000.00. The low bidder, Metro Builders & Engineers Group, Ltd., possesses a General Engineering "A" contractor's license as required by the project specifications. Within two hours after the bid opening, the second low bidder, Summit Contracting, filed a protest letter (see attached) against the low bidder, Metro Builders & Engineers Group, Ltd. Summit Contracting claimed that Metro Builders would be unable to perform certain work using their own forces and failed to list any subcontractors in their bid. Summit Contracting requested the City disqualify Metro Builders as non - responsible. Staff discussed the issue of subcontractors with Metro Builders. Metro Builders confirmed their intent to complete all work using their own forces, including those items protested by Summit Contracting in their letter. In view of the fact that: • The use of subcontractors is not required by the project specifications • Metro Builders confirmed all work will be performed by their own forces • Metro Builders has satisfactorily completed other projects for the City and for other Southern California agencies Staff recommends the award be made to the low bidder, Metro Builders & Engineers Group, Ltd. This project provides for the grading and flattening of the existing slope, the installation of a tan colored sandblasted retaining wall with caisson piles along the top of the slope, the installation of a short masonry block debris wall along the bottom of the slope, the installation of drainage provisions, the installation of a temporary above - ground irrigation system, and the planting of shrubs, ground cover, and trees. Subject: Dahlia Avenue Street End — Fernleaf Avenue Slope Repair — Award of tiontract No. 3157 April 25, 2000 Page: 3 Due to lack of available space adjacent to the work site for storing and staging materials and equipment, Metro Builders will be allowed to close a portion cf Fernleaf Avenue to through vehicular traffic. The portion to be closed will be the uphill, eastbound lane at Bayside Drive next to the existing median island (see location map). The Mitigated Negative Declaration was prepared by Hodge and Associates. The Geotechnical studies were prepared by Bagahi Engineering. The plans and specifications were prepared by Dewan - Lundin and Associates; Michael R. Gabriel, structural engineer; Pedersen and Associates, landscape architect; and the Public Works staff. In addition to daily inspection by Public Works forces, Bagahi Engineering and Michael Gabriel will provide geotechnical and structural inspections respectively. The cost of the construction services will be approximately $17,000.00 for Bagahi and $3,500.00 for Gabriel. Sufficient funds to provide for award of contract, unforeseen work, and construction services are available in the following accounts: Account Description Account Number Amount Dahlia Ave Street End Slope Repair 7013- C5100023 $396,533.04 Miscellaneous Slope Repairs 7014- C5100508 119,851.26 NPDES 7012- C5100011 6,727.70 Total: $523,112.00 Respectfully submit 0'd (U PUBLIC WORKS DEPARTMENT Don Webb, Director By: Fon e, P.E. Associate Civil Engineer Attachment: Project Location Map Rendering Bid Summary Protest Letter from Summit Contracting Response Letter from Metro Builders & Engineers Group, Ltd. F:\ Users \PBW\Shared \COUNCIL \Fy99- 00\April -25 \Dahlia - Fernleaf C- 3157.doc 0 i,QST r Spg4pC� Fo egrS��F PROJECT q� �GF P SFq� GPI F J� P OP 00 O P o GOB o \O NOT TO SCALE LOCATION MAP DAHLIA AVENUE STREET END/ FERNLEAF AVENUE SLOPE REPAIR PROJECT Q W m O a W Z LL 0 u H z W H C Q IL W O N Y w 3 coU J M CL CL W Q O1 U E O c N O 0 "OY O U Q w r = U Z N O Q w O O J LL ❑ ca W H H } Qi O O W oC; O Vr O z w 0 ui 2 W W Z h� LU F W 0 W W Z_ C7 O Z LL Wa Allk 0 0 00000aoo 0 0 0 0 0 0 0 00000000 0 0 0 0000 ��0000000000000000000 00000000 00000000 m 20000000000000000000 o00000000000o00oi000 E700 0000�000�00000000N�M0 L0000Nr 0000010 MNN (00 O L 0 0 O f 0 r00 0 0 rN N Y7 Q J N O f O i O r M N {)2 �N00I��iO�M�000 ON�� OI tDN �MM >p M > 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 CFO . . 0 . 0 . 0 . 0 . 0 . �0 . 0 . 0 . 0 . 0 . 0 . 0 . . O . O . O . U . O c- �Z 0000(DOM�M0000000a0 O�n 0 ono 0 0 0 0 0 0 0 000�nM� 0 0 0 0 0 0 ODO o �7 u70 O � c0 O O O O O �ODNO O O O t0 ui O O O �0 c 00001000 u0 W 0O) 00tD0N 00 W O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 (O 0 0 0 N007r V W 600 OD ON O�N O) r V 60MO O O O N t 0 O 1.: (p Ld m N N l") NNN J •- J (pM� J J LL J � QQ J OD N N J W W W J c Q yf J J J 000 C3 N�o U_ 0000000000000000000 E O O O O O O aci O O O O O O E FOOOOOr 000 1000000 W, N N NO � 0 0 OO0000N d N N NO Z M W N O � O O0 0 N O r 0 v iON N r 00 (D N W OD N c N VI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F 000 O O O O O O O O O O O O o 0 0 0 Can Z0000 O O O O O X000 O O O �OOOOOpO00lON O O O N O 0 0 0 0 0 100 0 O O o r 0 -00N 0 0 0 v oN 0 0 MN N O coO O m O M O O M 0 O M c V N W m- 0— E 0 N � N y o < O 0 C 3O � E E N O o 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 O O O O O O O O O O >00. O O O O O O OF0000�00�0 co -000ON O` N O�-- U �0000NOO M0000000MNNo c f7 N N m O 00A 0 0 0 p Z 0 0 0 0 U m 0 C 0 0 0 N N m O 0 O m U d c U U N N Oa N N N= y _ J C q N N 0000000000000000000 O) c N b O m m O N O1 t0 06 o 00000000 0 0 0 0 0000000000 N O N m N N b N 10 0000000000000000000 wo U U U w c c c c c 00 000�000N0�0 M 0 t0 r a00)O�NMD OO OOOfp000 �Omr 000> m M000N�n �nnor00000Mmno E �-iN r M N W w d O) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 00000 �O �0N00000000000 W 0)0O 00 u00 M N O OMN'-O MO O N N a O O aoo O O O O " r N N O M N n M N U) J J J J J QQ QQ QQ QQ J J J y j J J J J J y j W y j J NU OOOM� No r r r o M— M 0 N 0 E m m o 0 E c m L E w O T O C 0. O O 0 O N T O O O O O m-�c c ry A N c 0 p 0) O pmyc E E 2 Cl O` U a c VJ N d L° O O CO O 0 o c O 7 U � 0 o N N $ a O N fn � � ii j 10 � Vl j Vl N g N Ul N N N O R O O O O O O N v)C7 cU UUD: c c c c Ep. rao 0 0 Coco 0 0 0 0 0 0 0 0 0 0 0 0000 d 0000000000000000000 m o00000000000o00oi000 'V 0000�000�00000000N�M0 p 0000 r00 rN 000000ON r NO �N00I��iO�M�000 OI tDN �MM M nb O c t O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O o O O O O c 00001000 u0 W 0O) 00tD0N 00 W O O 00 — 0 O 01N vC:5 c>NOc M U J J J J J J LL J J QQ J J W W W J yf J J J 000 C3 N�o aci o d v o E E c m c � E N O T N v C aO aO m 0 'O O' m O O c C E 0 0 � N y O 0 C 3O � E E O` N U a c f7 N N m 0 0 0 0) U m 0 v g' O N N m 0 O m U d c U U N N Oa N N N= y _ J C q N O) c N b O m m O N O1 t0 06 o O 0 0 0 0 O N O N m N N b N 10 wo U U U w c c c c c •-N M 0 t0 r a00)O�NMD �Omr 000> O O 0 O 0 N n N w c0 3 v t0 m c O E m 0 E a U) c O E m a N d `p U 0 0 Ll 1 0 • v W !-4 ill L J J J I � I I W I la ly I i i i �I z ZI i W v W !-4 ill L J J 1 1 , , I ,I � , • �, i I E; II I 1 I � 11 I J1 it I I II Ili II t- � X v W !-4 ill L J J April 11, 2000 Mr. Don Webb Public Works Director City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Protest of low bidder Specification: Dahlia Ave Street End/ Fern leaf Ave Slope Repair Project Contract No.: 3157 Dear Mr. Webb: Summit Contractng hereby protests the low bid of Metro Builders Engineering Group (hereinafter referred to as "Metro Builders ") for the above- mentioned project. Metro Builders failed to submit a proposal which complies with all the prescribed requirements set forth in the Public Contract Code, including but not limited to Sections 4100 through 4113. Metro Builders will be unable to perform all non- subcontracted work with its own forces as required by Public Contract Code section 4106. In addition to evaluating a contractor` s bid to ensure that it is responsive to the requirements of the bid documents, the City must also evaluate bidders to determine that they are responsible. Public Contract Code Section 20783. In determining whether or not a bidder is "responsible ", the City must assess the "quality, fitness and capacity of the low bidder to satisfactorily perform the proposed work." City of Inglewood -Los Angeles County Civic Center Authority v. Superior Court, 7 Cal.3d 861, 867, 103 Cal. Rptr. 689, 692 (1972). In this case, Metro Builders failed to designate any subcontractors to perform any portion of the project. Specifically, since this project calls for substantial work typically performed by specialty subcontractors, it is simply inconceivable that Metro Builders has sufficient manpower, expertise and equipment to perform all of the work required by the contract documents with its own forces. The work typically performed by specialty contractors is as follows: Cc: Mr. Fon.- T'se APR 12 1824 Flower Avenue, Duarte, California 91010 • Voice: (626) 357 -9211 • Data: (626) 357 -1066 • State Contractor's License #A607397 0 0 Surveying (construction staking, as -built drawings) Fencing (cable railing) Landscaping (irrigation system, install dwarf coyote bush, install 5- gallon toyon, install 5- gallon matilija poppy, install 5- gallon desert grape, plant establishment and maintenance period) Reinforcing Steel (retaining wall, debris wall, concrete drain box) It is, of course, a violation of the Subletting and Subcontracting Fair Practices Act (Public v.L, a-,.. 1.3v.. Sw..n-n -..V :lY seq.) for a CUni2'aCtuT that intends to SUuCOniTHCt any portion of the work in excess of one -half of one percent of the total bid to fail to list all such subcontractors in its bid. Public Contract Code Section 4107(c). Summit Contracting is the lowest responsible bidder for this project and should therefore be awarded this contract. Summit Contracting has performed numerous contracts for the City of Newport Beach and has always been held to the same standards that we are requesting be imposed on Metro Builders. Should the bid of Metro Builders be declared responsive, we request to schedule a hearing with the City Council immediately to discuss this matter further. Thank you for your courtesy and cooperation in this matter. Sincerely, qjoimonas Cc: Mr. Fong Tse w Metro Builders and Engineers Group Ltd. 2610 Awn street NA Newport Beach, CA 92663 -4730 (949) 515 -4350 Fax (949) 515 -4351 April 13, 2000 City of Newport Beach Attn: Mr. Fong Toe: P.E. P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Protest by Summit Cantraeting, Dahlia Ave. Street End fFem Leaf Avenue Slope Repair bid Dear Mr. Tse: In reference to the objection made by Summit Contracting to Metro Builders and Engineers Group Ltd, not listing subcontractors for a few trades in our proposal, please note that the trades in question will either be performed by Metro Builders and Engineers Croup Ltd. or their value is less than one half of one percent of the contract amount or bath. Surveying: The value is less than one half of erne percent of the contract amotmt Furthermore, survey^ng is done on an hourly basis and does oat ill under subooutroctor listing. Cable Bailin¢: Mtttro Auilders and Engineers Group Ltd, will perform the work in house and is qualified to do so. The value of the installation of the cable railings is less than one half of one percent. Laodscantae and Irri>: Metro Builders and Engineers Group Ltd. will perform the work. Metro Builders and Engineers Croup lid. bas done this work on numerous park projects Iteinforciaa Steel for debris w2 1L Metro Builders and Engineers Group Ltd. is qualified and will do the work. The value is Im than one half of one percent. Please reference the extensive list of prgjects that our company has completed. Metro Builders and Engittoers Group Ikd. performed everything in house, including projects fie the City of Newport Beach. please call me if you have questions or need fiuther details. S, el Y, Fouad Hoaalla _� l Presud®at W2055, try> FH:msb Ltnmb.dw Q#y of Newport Beach BUDGETAMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations Px Transfer Budget Appropriations SOURCE: from existing budget appropriations pq from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 056 AMOUNT: S12s,s78.9s Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance Px No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expendture account, Dahlia Ave Street End Slope Improvements, and decrease expenditure accounts, Miscellaneous Slope Repairs and NPDES Program, to provide for repair of recent slope failure. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed. Signed: Signed: Fin anc oval: Adm�ini/str/a"ti /ve Services Director Administrative Approv : City Manage City Council Approval: City Clerk Amount Increase Decrease $126,578.96 $119,851.26 $6,727.70 Date OD Date Date Description Division Number 7014 Miscellaneous & Studies Account Number C5100508 Misc. Slope Repairs Division Number 7012 Drainage Account Number C5100011 NPDES Program Division Number 7013 Street Account Number 05100023 Dahlia Ave. Street End Slope Imprvmnts Division Number Account Number Signed. Signed: Signed: Fin anc oval: Adm�ini/str/a"ti /ve Services Director Administrative Approv : City Manage City Council Approval: City Clerk Amount Increase Decrease $126,578.96 $119,851.26 $6,727.70 Date OD Date Date QWy of Newport Beach 4 NO. BA- 056 - BUDGET AMENDMENT 1999 -00 AMOUNT: Stzs,sTa.es EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations ... X No effect on Budgetary Fund Balance SOURCE: 1 �,,_.� from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: A PPR(1V This budget amendment is requested to provide for the following: To increase expenditure account, Dahlia Ave Street End Slope Improvements, and decrease expenditure accounts, Miscellaneous Slope Repairs and NPDES Program, to provide for repair of recent slope failure. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Increase Decrease Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Financial Approval: Administrative Services Director Signed: IwM (/ Administrative Ap • o{va�l: City Manaageer Signed: �1/1� ��1LTL ✓ , 1. /j '' "'- City Council Approval: City Clerk $126,578.96 $119,851.26 $6,727.70 Date Q.0 Date Date Description Division Number 7014 Miscellaneous & Studies Account Number C5100508 Misc. Slope Repairs Division Number 7012 Drainage Account Number C5100011 NPDES Program Division Number 7013 Street Account Number C5100023 Dahlia Ave. Street End Slope Imprvmnts Division Number Account Number Signed: Financial Approval: Administrative Services Director Signed: IwM (/ Administrative Ap • o{va�l: City Manaageer Signed: �1/1� ��1LTL ✓ , 1. /j '' "'- City Council Approval: City Clerk $126,578.96 $119,851.26 $6,727.70 Date Q.0 Date Date C- 3177 August 9, 1999 CITY COUNCIL AGENDA ITEM NO. I , TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MITIGATED NEGATIVE DECLARATION FOR DAHLIATMLa ' SLOPE REPAIR — CONTRACT NO. 3157 RECOMMENDATION: Adopt the Mitigated Negative Declaration for Dahlia /Fernleaf Slope Repair. DISCUSSION: The City's Capital Improvement Program includes the Dahlia /Fernleaf Slope Repair Project. The project consists of the following (see attached drawing): • Grade and flatten the existing slope above Fernleaf Avenue from Bayside Drive to the top of the Fernleaf Ramp. • Replace the existing deteriorated wooden slough wall at the bottom of the slope along Fernleaf Avenue with a 2 -foot high reinforced concrete debris wall. • Construct a variable height concrete caisson wall at the top of the slope, along the public right -of -way line from Bayside Drive to the top of the Fernleaf Ramp. • Install an 18 -inch storm drain at the end of Dahlia Place (private alley) and an 18- inch storm drain at the end of the first alley (private) north of Fernleaf Avenue to collect and convey storm water from the top of the slope and under the graded slope for discharge into the storm drain system in Bayside Drive. • Install light and deep- rooted ground cover over the graded slope for erosion control. A Draft Initial Study (D.I.S.) for this project was prepared pursuant to the California Environmental Quality Act, and was filed with the Governor's Office of Planning and Research, a State Clearinghouse, for review by various State agencies. The review period started on July 1, 1999 and concluded on July 30, 1999. Some of the State agencies that reviewed the D.I.S. included the California Coastal Commission, the Department of Conservation, the Department of Fish and Game, the Department of Parks and Recreation, the Regional Water Quality Control Board, the Resources Agency, and the State Lands Commission. The D.I.S. determined that if the proposed conditions and mitigation measures are incorporated as a part of the work, the project will not have a significant effect on the environment. Staff has determined that the D.I.S. suggested mitigation measures can be implemented. SUBJECT: Mitigated Negative Dec n for Dahlia /Fernleaf Slope Repair, Contract No. August 9, 1999 Page 2 A Coastal Development Permit is required for the work. City Council adoption of the Mitigated Negative Declaration is required before the Coastal Development Permit application can be filed. Respectfully s bmitted, (:L4k PUBLIC WORKS DEPARTMENT Don Webb, Director M Attachment: Drawing Mitigated Negative Declaration 0 f:\users\pbw\ shared\ council\ fy99- 00\august- 9\dahlia- femleaf slope c- 3157.doc L�Lj Po LLJ L.11 3AV V17HVG J OM 700171 / � e 9 Ll FY CL m�w :. FY ATY OF NEWPORT BEACH • NOTICE OF INTENT • TO ADOPT A MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the City of Newport Beach, has prepared an Initial Study/Mitigated Negative Declaration pursuant to the California Environmental Quality Act for the proposed project described below. The Draft Initial Study has determined that if the proposed conditions and mitigation measures are applied to the project's design and operation, the project will not have a significant effect on the environment. The City therefore intends to adopt a Mitigated Negative Declaration. Project Name: Dahlia Avenue Street End Slope Repair at Femleaf Ramp Project Location: The site is located along the southwesterly side of the Femleaf ramp near Dahlia Avenue in Corona Del Mar. Project Proponent: City of Newport Beach 3300 Newport Beach Blvd. Newport Beach, CA 92663 Public Review Period: July 1, 1999 to July 30, 1999 Proiect Description The project involves slope repair along the southwesterly side of Femleaf Avenue ramp in Corona Del Mar. The project includes; 1) removing the failed portions of the slope, 2) flattening the slope gradient, 3) provide a caisson wall installed at the top of the slope with an exposed wall surface ranging from 3' in height to 17' in height, 4) installing a debris wall at the toe of the slope adjacent to the Femleaf ramp, 5) providing for local drainage, and 6) installing slope planting. The existing slope area has experienced surficial slippage during heavy rainfalls. Certain portions of the slope have been covered with an erosion control plastic cover to limit further surficial slope failure. The area of slope repair is approximately 325 feet in length. The slope ranges in height from 0 to 35 feet above the existing Femleaf Avenue roadway. Surrounding land uses include existing residential and streets. The project site is located within the coastal zone boundary and will require approval of a Coastal Development Permit. Opportunities for Public Review: Interested person are invited to review the Draft Mitigated Negative Declaration, including studies and/or exhibits relating to the proposed project, and submit comments. These documents and all comments received will be considered by the Newport Beach City Council prior to final action on the proposed project. A copy of the Draft Initial Study, Mitigated Negative Declaration, and related documents are available for review at the following location: Newport Beach City Hall Public Works Department 3300 Newport Boulevard 0 0 If you wish to appeal the appropriateness or the adequacy of the Draft Mitigated Negative Declaration, your comments should be submitted in writing prior to the close of the public review period stated above. Your . comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. The City Council is scheduled to consider approval of the project and Mitigated Negative Declaration at a public meeting on Monday August 9, 1999 at 7:00 p.m. in the Newport Beach Council Chambers, 3300 Newport Boulevard, Newport Beach, California. If you have any questions or would like further information, please contact Lloyd Dalton at (949) 644 -3311. Date of Publication: July 1, 1999 0 CITYOF NEWPORT BEACH* 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 NEGATIVE DECLARATION To: From: City of Newport Beach Public Works Department Office of Planning and Research 3300 Newport Boulevard - P.O. Box 1768 XX 1400 Tenth Street, Room 121 Newport Beach, CA 92658 -8915 Sacramento, CA 95814 (Orange County) County Clerk, County of Orange LaiPublic Services Division P.O. ox 238 Date received for filing at OPR/County Clerk: Santa Ana, CA 92702 Public review period: July 1, 1999 to July 29, 1999 Nance of Project: Dahlia Avenue Street End Sope Repair at Femleaf Ramp in Corona Del Mar. Project Location: The site is located along the southwesterly side of the Femleaf Ramp near Dahlia Avenue in Corona Del Mar. Project Description: The involves slope repair along the southwesterly side of Femleaf Avenue ramp in Corona Del Mar. The project includes; 1) removing the failed portions of the slope, 2) flattening the slope gradient, 3) provide a caisson wall installed at the top of the slope with an exposed wall surface ranging from 3' in height to 17' in height, 4) installing a debris wall at the toe of the slope adjacent to the Femleaf ramp, 5) providing for local drainage, and 6) installing slope planting. The existing slope area has experienced surficial slippage during heavy rainfalls. Certain portions of the slope have been covered with an erosion control plastic cover to limit further surficial slope failure. The area of slope repair is approximately 325 feet in length. The slope ranges in height from 0 to 35 feet above the existing Femleaf Avenue roadway. Surrounding land uses include existing residential and streets. The project site is located within the coastal zone boundary and will require approval of a Coastal Development Permit. Finding. Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is 0 attached ❑ on file at the Public Works Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision - maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also ,vited to attend and testify as to the appropriateness of this document. If yoZ��w ould like further information, please contact the undersigned at(949)644-331 1. Sly-/ Date � Ig 9 Bill Patapoff, City n n r City of Newport Beach, Public Works Department 0 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM • 1.. Project Title: Dahlia Avenue Street End Slope Repair at Fernleaf Ramp Corona Del Mar 2. Lead Agency Name and Address: City of Newport Beach Public Works Department 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 3. Contact Person and Phone Number: Lloyd R. Dalton, Design Engineer, Public Works Dept. (949) 644 -3311 4. Project Location: The site is located along the southwesterly side of Fernleaf Ramp near Dahlia Avenue in Corona Del Mar. 5. Project Sponsor's Name and Address: City of Newport Beach, Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 0 6. General Plan Designation: Residential 7. Zoning: MFR — Multiple Family Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project involves slope repair along the southwesterly side of Fernleaf Avenue ramp in Corona Del Mar. The project includes; 1) removing the failed portions of the slope, 2) flattening the slope gradient, 3) provide a caisson wall installed at the top of the slope with an exposed wall surface ranging from 3' in height to 17' in height, 4) installing a debris wall at the toe of the slope adjacent to the Fernleaf ramp, 5) providing for local drainage, and 6) installing slope planting. The existing slope area has experienced surficial slippage during heavy rainfalls. Certain portions of the slope have been covered with an erosion control plastic cover to limit further surficial slope failure. The area of slope repair is approximately 325 feet in length. The slope ranges in height from 0 to 35 feet above the existing Fernleaf Avenue roadway. Surrounding land uses include existing residential and streets. The project site is located within the coastal zone boundary and will require approval of a Coastal Development Permit. CHECKLIST Page 1 • 0 i r 0 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Current Development: The proposed site is a slope located along the southwesterly side of the Fernleaf ramp near Dahlia Avenue in Corona Del Mar. To the north: Ba side Drive Residential To the east: Ba side Drive Residential To the south: Residential, Fernleaf, Dahlia Avenue, Seaview Avenue To the west: Residential 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) California Coastal Commission — Coastal Development Permit ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED- The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Air Quality ❑ Transportation/ Circulation ❑ Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Noise ❑ Mandatory Findings of Significance ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation CHECKLIST Page 2 • r DETERMINATION (To be completed by the Lead Agency.) • On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. RI I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ❑ Submitted by: Bill Patapoff, City Engineer Signature Date Public Works Department Prepared by: Hodge & Associates Signature Date Cheryle L. Hodge F:\ USERS \PLN\SSHARED\a FORMSW EG— DEOAOCKLIST.DOC CHECKLIST Page 3 I• 0 0 0 I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C) Substantially degrade the existing visual character or quality of the site and its surroundings? C) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area)? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? C) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? 111. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? 0 Potentially Significant Unless Mitigation Incorporated Lesslhan No Significant Impact Impact ❑ ❑ ❑ 0 ❑ ❑ ❑ 2 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ O ❑ ❑ ❑ o ❑ ❑ ❑ o ❑ ❑ ❑ D ❑ ❑ ❑ o CHECKLIST Page 4 0 C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? d) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, march, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? rotenuauy Significant Impact 0 L u A 0 rocenuany Significant Unless Mitigation Incorporated 0 I� W N C Less than - - Ho Significant Impact Impact ❑ o ❑ a D ❑ u in u FFAI 9 • ❑ ❑ B CHECKLIST Page 5 0 1] 0 0 0 VI. GEOLOGY AND SOILS. Potentially Potentially Less than No Significant Significant Significant Impact ❑ ❑ Impact Unless Impact including the risk of loss, injury, or death Mitigation involving: Incorporated e) Conflict with any local policies or ❑ ❑ ❑ p ordinances protecting biological recent Mquist- Priolo resources, such as a tree Earthquake Fault Zoning Map preservation policy or ordinance? issued by the State Geologist f) Conflict with the provisions of an ❑ ❑ ❑ p substantial evidence of a adopted Habitat Conservation Plan, known fault? Refer to Division Natural Community Conservation of Mines and Geology Special Plan, or other approved local, Publication 42. regional, or state habitat ii) Strong seismic ground ❑ ❑ ❑ p conservation plan? V. CULTURAL RESOURCES. Would ❑ ❑ including liquefaction? the project: a) Cause a substantial adverse ❑ ❑ ❑ p change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse ❑ ❑ ❑ change in the significance of an archaeological resource pursuant to §15064.5? C) Directly or indirectly destroy a ❑ ❑ ❑ p unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ❑ ❑ ❑ including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to ❑ ❑ ❑ 0 potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake ❑ ❑ ❑ 0 fault, as delineated on the most recent Mquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground ❑ ❑ ❑ p shaking? iii) Seismic - related ground failure, ❑ ❑ ❑ including liquefaction? Page 6 0 0 VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or propose school? ,s Potentially iv) Landslides? b) Result in substantial soil erosion or Significant the loss of topsoil? C) Be located on a geologic unit or soil Impact that is unstable, or that would Impact become unstable as a result of the project and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ❑ defined in Table 18- 1 -B of the ❑ Uniform Building Code (1994), O creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or propose school? ,s Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ❑ ❑ ❑ D ❑ ❑ O ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ 0 CAI 0 CHECKLIST Page 7 9 0 CJ 0 d) Be located on a site which is included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? n L-A .entially Potentially nificant Significant npact Unless Mitigation Incorporated ❑ ❑ L L C' L9 u 0 19 Lesslhan No Significant Impact Impact 0 u ❑ Q ❑ Q ❑ Q VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards ❑ ❑ ❑ Q or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ Q supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? CHECKLIST Page 8 C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? DL LAND USE AND PLANNING. Would the proposal: a) Physically divide an established community? )tentially Potentially Less than No gnificant Significant Significant Impact Impact Unless Impact ❑ Mitigation 0 ❑ Incorporated ❑ ❑ ❑ ❑ o ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ D • I • CHECKLIST Page 9 0 0 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Al Al 0 Im U 0 C 0 C 0 u IN u ❑ • ❑ 0 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ❑ ❑ ❑ 0 Al Al 0 Im U 0 C 0 C 0 u IN u ❑ 0 ❑ 0 c F FEW CHECKLIST Page 10 • 0 XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population ❑ ❑ ❑ Q growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of ❑ ❑ ❑ Q existing housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? • CHECKLIST Page 11 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated d) A substantial temporary or periodic ❑ ❑ Q ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ ❑ Q airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a ❑ ❑ ❑ Q private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population ❑ ❑ ❑ Q growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of ❑ ❑ ❑ Q existing housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? • CHECKLIST Page 11 • 0 9 9 XIII. PUBLIC SERVICES Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Other public facilities? XIV.RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? opportunities? XV. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ D ❑ ❑ ❑ ❑ 11 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 CHECKLIST Page 12 b) Exceed either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact ❑ Mitigation D Incorporated ❑ ❑ ❑ o ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ D ❑ ❑ ❑ D ❑ ❑ ❑ o ❑ ❑ 0 ❑ ' 1 �J 0 0 CHECKLIST Page 13 10 0 0 • CHECKLIST Page 14 rotenuany rorennany Less man NO Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated d) Have sufficient water supplies ❑ ❑ ❑ Q available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ ❑ Q wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project" projected demand in addition to the provider's existing commitments? I) Be served by a landfill with sufficient ❑ ❑ ❑ Q permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local ❑ ❑ ❑ Q statutes and regulation related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential ❑ Q ❑ Q to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that ❑ ❑ ❑ Q are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) CHECKLIST Page 14 0 XVII. EARLIER ANALYSES. 0 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15O63(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. F:\USERS\PLN\.SHARED\IFORMS\NEG-DEDODCKLIST.DGC CHECKLIST Page 15 0 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated C) Does the project have ❑ ❑ ❑ D environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. 0 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15O63(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. F:\USERS\PLN\.SHARED\IFORMS\NEG-DEDODCKLIST.DGC CHECKLIST Page 15 0 0 Ll • ! SOURCE LIST The following enumerated documents are available at the offices of the City of Newport Beach, Public Works Department, 3300 Newport Boulevard, Newport Beach, California 92660. 1. Final Program EIR — City of Newport Beach General Plan 2. General Plan, including all its elements, City of Newport Beach. 3. Title 20, Zoning Code of the Newport Beach Municipal Code. 4. City Excavation and Grading Code, Newport Beach Municipal Code. 5. Chapter 10.28, Community Noise Ordinance of the Newport Beach Municipal Code. 6. South Coast Air Quality Management District, Air Quality Management Plan 1997. 7. South Coast Air Quality Management District, Air Quality Management Plan EIR, 1997. 8. Geotechnical Investigation of Slope Distress, Fernleaf Avenue ramp, Corona Del Mar. November 17, 1998. Prepared by Bagahi Engineering. CHECKUST Page 16 9 0 CITY OF NEWPORT BEACH • ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Dahlia Avenue Street End Slope Repair at Fernleaf Ramp Project Description The project involves slope repair along the southwesterly side of Fernleaf Avenue ramp in Corona Del Mar. The project includes; 1) removing the failed portions of the slope, 2) flattening the slope gradient, 3) providing a caisson wall installed at the top of the slope with an exposed wall surface ranging from 3' in height to 17' in height, 4) installing a debris wall at the toe of the slope adjacent to the Fernleaf ramp, 5) providing for local drainage, and 6) installing slope planting. The existing slope area has experienced surficial slippage during heavy rainfalls. Certain portions of the slope have been covered with an erosion control plastic cover to limit further surficial slope failure. The area of slope repair is approximately 325 feet in length. The slope ranges in height from 0 to 35 feet above the existing Fernleaf Avenue roadway. Surrounding land uses include existing residential and streets. The project site is located within the coastal zone boundary and will require • approval of a Coastal Development Permit. ANALYSIS The following discussion provides explanations for the conclusions contained in the Environmental Analysis Checklist regarding the proposed project's environmental Impacts. I. Aesthetics The project site (slope area) is located near a built -out urbanized area of the City. Surrounding properties are fully developed and include residential uses. The existing slope area has experienced surficial slippage during heavy rainfalls. The slope has been covered with an erosion control plastic cover to limit further damage. The area of slope repair is approximately 325 feet in length. The slope ranges in height from 0 to 35 feet above the existing Fernleaf Avenue roadway. The slope repair includes flattening the existing slope to decrease the steep gradient. The flattened slope area will blend to existing slope gradients at north and south property lines. The project also includes providing a caisson wall • installed at the top of the slope with an exposed wall surface ranging from 3' to 17' in height. A debris wall at the toe of the slope will be installed. The project • 0 . will also provide local drainage and installation of slope planting. A mitigation measure is presented to ensure that the new caisson wall and debris wall are designed to be compatible as much as possible with the existing surroundings. The slope repair will include installing slope planting. Although no existing vegetation will be impacted, a mitigation measure is included requiring a landscape plan for the slope planting. The slope repair activities and walls (caisson & debris walls) to be installed will be visible from many locations within and around the project site. The immediate vicinity of the project site includes a number of existing residences and roadways. The aesthetic treatment of the new slope area will be included in the project. In addition, with the incorporation of the project's design, landscaping and other aesthetic features of the slope repair, as well as the application of City standard conditions of approval and/or mitigation measures, any impacts will be reduced to an insignificant level. Mitigation Measure No. 1 Prior to commencement of slope repair activities, the project shall include a design plan for the caisson wall and debris wall, which incorporates features such as finish and landscaping which blends with and complement the immediate surroundings. Mitigation Measure No. 2 Prior to commencement of slope repair activities, a landscape plan shall be prepared, which provides for slope plantings in compliance with the recommendations presented in the geotechnical report dated November 17, 1998 prepared by Bagahi Engineering. II. Agriculture Resources The project site (slope area) is located near a built -out urbanized area of the City. Surrounding properties are fully developed and include residential uses. The project site is not utilized nor zoned for agriculture type uses. Therefore, the project does not result in any impacts to agriculture resources. I1I. Air Quality The project site is located in the South Coast Air Basin (SCAB). The South Coast Air Quality Management District (SCAQMD) sets and enforces regulations for stationary sources in the basin. The California Air Resources Board (CARB) is responsible for controlling motor vehicle emissions. The SCAQMD in coordination with the Southern California Association of Governments (SCAG) has developed the Air Quality Management Plan (AQMP) for the air basin. The AQMP goals include the implementation of technological and innovative changes that provide for achieving clean air goals while maintaining a healthy economy. The AQMP also addresses state and federal planning requirements and programs. CHECKLIST EXPLANATIONS Page 2 • • Potential air quality impacts to surrounding residences from project construction activities will be minimized through mitigation measures, including short -term impacts to air quality from air pollutants being emitted by construction equipment and dust generated during grading. The small amount of project- related emissions will have no impact on regional particulate levels. Where slope repair operations are near existing residences, the dust generated by such activities is a local nuisance as opposed to an actual health hazard. However, dust will be minimized as a result of site watering required by City and SCAQMD regulations. With the implementation of the recommended mitigation measures, it is anticipated that the project will not result in any significant impacts to air quality. Mitigation Measure No. 3 During slope repair activities, the following measures shall be implemented to reduce short -term (construction) air quality impacts associated with the project: a) controlling fugitive dust by regular watering, or other dust palliative measures to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b) maintaining equipment engines in proper tune; and c) phasing and scheduling construction activities to minimize project - related emissions. Mitigation Measure No. 4 During construction activities, the project will comply with SCAQMD Rule 402 (Nuisance), to reduce nuisance due to odors from construction activities. IV. Biological Resources The site is a slope area located in an urbanized area of the City. No rare, endangered, or threatened plant or animal species have been previously reported, or are expected to inhabit the project site. The project will not affect any natural vegetation. V. Cultural Resources The project involves slope repair. There will be limited soil excavation in relation to flattening the gradient of the slope. Since the project primarily involves backfill and soil retention of a slope surface previously damaged by heavy rains, no impacts to cultural resources or historic structure are anticipated as a result of the project. CHECKLIST EXPLANATIONS Page 3 i 0 VI. Geology & Soils Bagahi Engineering conducted a geotechnical investigation of the slope. The geotechnical report (dated November 17, 1998) addressed the geotechnical conditions of the slope instability and recommendations regarding the design and construction of slope measures to improve the stability of the existing slope and to mitigate against possible future surficial failures. The geotechnical investigation included subsurface exploration, collection of soil samples and laboratory testing, stability analysis of the slope, and soils engineering analysis of field and laboratory data. The existing slope gradient varies from a flat slope to a steep slope approaching a 45- degree angle. The site is not located in an area of unique geologic or physical features. There are no evidence of faults on the site. The closest known active or potentially active fault is the Newport- Inglewood fault. The slope area is located within one mile of the Newport- Inglewood fault. The Whittier- Elsinore Fault is located about 23 miles northeast of the site. The slope at the subject site is mainly in Monterey siltstone bedrock with a cover of sandy soils near the surface. The geotechnical report identified that slope erosion and surficial instability can be mitigated by flattening the slope and incorporating slope corrective measures including installation of a caisson wall along the top of the slope and a debris wall at the toe of the slope. The property was originally graded in conjunction with the development of the existing residential uses and adjacent roadways. The slope repair will include some excavation of earth material in order to flatten the slope gradient. It is anticipated that the project will require an estimated 1,800 cubic yards of export earthwork. The excess earthwork will be exported to a Southern California site acceptable to the permit agencies. It is anticipated that a total of 130 truckloads (14 c.y. per double trailer rig truckloads) will be necessary to export the earthwork. During past seasonal storms the Femleaf ramp has been closed to the public due to surficial slope failures and the potential hazard to motorists of such slope failures. The Femleaf ramp will be temporarily closed to the public during the slope repair associated with the project. A mitigation measure is presented in this section requiring a traffic control plan. Potential impacts to surrounding properties from erosion of the exposed soils during slope repair construction operations will be minimized through conditions of approval and/or mitigation measures. Dust generated by slope repair activities CHECKLIST EXPLANATIONS Page 4 0 0 is considered a short-term impact on air quality and is further discussed in the Air • Quality section of this document. Soil contamination is discussed under Hazards (Section IX). Compliance with the City Excavation and Grading Code (NBMC Sec.15.10.140) will reduce any potential impacts to an insignificant level. No cumulative impacts associated with geological conditions are anticipated as a result of the slope repair. Mitigation Measure No. 5 During construction activities, the project will comply with the erosion and siltation control measures of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines, including the City Excavation and Grading Code (NBMC Section 15.10). Mitigation Measure No. 6 Prior to the start of slope repair activities, a construction traffic control plan shall be prepared which includes the haul route, truck hauling operations, construction traffic flagmen, and construction warning /directional signage. VII. Hazards and Hazardous Materials The proposed project area (slope) is located in a residential area of the City. During past seasonal storms the Femleaf ramp has been closed to the public due to surficial slope failures and the potential hazard to motorists of such slope failures. The Femleaf ramp will be temporarily closed to the public during the slope repair associated with the project. Vehicular traffic will be directed to Marguerite Avenue. A mitigation measure requiring a traffic control plan is presented in the Geology and Soils section of this document. The project will not utilize hazardous materials on the site; therefore, no adverse effect on human health or risk of upset is anticipated. VIII. Hydrology & Water Quality The proposed site consists of a slope area located along the southwesterly side of Femleaf Avenue Ramp in Corona Del Mar. The existing slope area has experienced surficial slippage during heavy rainfalls. One area of slope erosion is located directly below an area where surface runoff from an alley discharges into the slope. The proposed slope repair will provide for local drainage. The drainage improvements will include a back -drain behind the debris wall and a diversion swale (concrete v- ditch) provided at the top of the slope behind the caisson wall to collect surface runoff and divert it from the slope face. The slope has been covered with an erosion control plastic cover to limit further surficial CHECKLIST EXPLANATIONS Page 5 i 0 6 failure. The project is located outside of all flood hazard areas; therefore, no significant impacts are anticipated. Subject to the incorporation of City standard conditions of approval and/or mitigation measures, no cumulative impacts associated with hydrologic conditions are anticipated as a result of the slope repair. Provisions for drainage requirements are contained in the City Excavation and Grading Code. Compliance with said Code would reduce any potential impacts to an insignificant level. Mitigation Measure No. 7 The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. IX. Land Use and Planning The project site is located near Dahlia Avenue at the Femleaf Ramp in Corona Del Mar and consists of a slope area. Portions of the slope area have been covered with an erosion control plastic cover. The City's General Plan Land Use Plan designation for the site area is Residential. The City's Zoning Code designation for the site is MFR Multiple Family Residential. This project is located within the Coastal Zone Boundary and therefore a Coastal Development Permit is required. The proposed project will consist of the construction of a caisson wall at the top of the existing slope and a debris wall at the toe of the slope. There are existing residences located near the top of the slope, including a two -story apartment building. The toe of the slope is near Bayside Drive and Fernleaf Avenue. The project has the potential to result in impacts related to construction activities (e.g., dust, noise, and traffic). Additionally, existing residences north of the project and vehicular and pedestrian traffic will be exposed to views of the slope repair. Through anticipated conditions of approval and mitigation measures, potential impacts to surrounding and adjacent properties from the proposed slope repair will be eliminated or minimized. Potential impacts, which will be minimized through mitigation measures, include short-term impacts to traffic circulation (temporary traffic detours and road closure), and an increase in noise due to construction activities. These potential impacts are discussed with recommended mitigation measures in the following preceding sections of this document. CHECKLIST EXPLANATIONS Page 6 i 0 X. Mineral Resources 0 The project area is fully developed. The project consists of slope repair to property, which has experienced surficial slippage as a result of heavy rains. The use of natural resources will not be significantly affected by this project. No significant increase in the use of energy or natural resources is anticipated. XI. Noise Construction noise represents a short-term impact on ambient noise levels. Noise generated by construction equipment, including trucks, graders, bulldozers, concrete mixers and portable generators can reach high noise levels. However, intervening structures and/or topography will act as noise barriers to reduce levels. Noise levels will be further mitigated by limiting the hours of construction through provisions contained in the City Noise Control Regulations (NBMC Chapter 10.28). Mitieation Measure No. 8 The project will comply with the provisions of the City of Newport Beach General Plan Noise Element and the Municipal Code pertaining to noise restrictions. During construction activities, the hours of construction and excavation work are allowed from 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays, and not at anytime on Sundays and holidays. XH. Population and Housing The proposed project consists of slope repair and as such will not have any impact on population and housing. Additionally, the project site is located in an area that is already built -out. XIII. Public Services The project site is developed and has been for more than 25 years. Surrounding properties are also fully developed. There are sufficient public or governmental services that serve the area and the project would not create additional demand for these services. The Femleaf Avenue ramp will be temporarily closed to traffic during slope repair activities. Vehicular traffic will directed to Marguerite Avenue. A mitigation measure requiring a traffic control plan has been presented in the Geology & Soils section of this document. CHECKLIST EXPLANATIONS Page 7 0 0 0 XIV. Recreation 0 Due to the nature of the project, slope repair, the project will not result in any impacts to recreational activities and opportunities. There will be no impact upon access to coastal beaches as a result of the project. XV. Transportation/Traffic The proposed site consists of a slope area located along the southwesterly side of Femleaf Avenue Ramp in Corona Del Mar. During the slope repair activities short-term impacts to traffic /circulation will result. The Femleaf Avenue ramp will be temporarily closed to traffic during slope repair activities. Vehicular traffic will directed to Marguerite Avenue. A mitigation measure requiring a traffic control plan has been presented in the Geology & Soils section of this document. Additionally, the slope repair will include flattening the gradient of the existing steep slope and excess earth material will be transported by trucks to a location within Southern California. A discussion regarding the exportation of excavated soils is presented in Section VI of this document (Geology & Soils). A mitigation measure is also presented in the Geology & Soils Section of this document to reduce any potential impacts associated with the exportation of soil and temporary traffic impacts to a level of less than significant. Additional vehicular movement long -term) will not be generated as a result of the proposed slope project. However, short-term construction activity will generate a slight increase in the number of trips per day to the project site as a result of construction related vehicle trips. The slight increase in vehicle trips is not considered a significant impact. XV1. Utilities and Service Systems Utilities and service systems are already servicing the project area. An where drainage improvements are proposed is located directly below an area where surface runoff from an alley discharges into the slope. The proposed slope repair will provide for local drainage. Provisions for drainage requirements are contained in the City Excavation and Grading Code. Compliance with said Code would reduce any potential impacts to an insignificant level. CHECKLIST EXPLANATIONS Page 8 0 0 The project will not result in the alteration or expansion of existing utility and service systems. However, to ensure that there are no impacts associated with the short -term construction related slope repairs, a mitigation measure is presented which requires coordination with utility and service organizations prior to the commencement of the slope repair. Mitigation Measure No. 9 Prior to the commencement of grading activities, the Public Works Department shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation offacilities are planned and scheduled in consultation with the appropriate public agencies. Mitigation Measure No. 10 The project design will provide for local drainage in compliance with the City Excavation and Grading Code and subject to review and approval by the Public Works Department. 0 0 CHECKLIST EXPLANATIONS Page 9 0 0 0 XVII. Mandatory Findings of Significance 0 0 1. On the basis of the foregoing analysis, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long -term environmental goals that would be compromised by the project. 3. No cumulative impacts are anticipated in connection with this or other projects. 4. That there are no known substantial adverse effects on human beings that would be caused by the proposed project. CHECKLIST EXPLANATIONS Page 10 0 3 Appendix A Project Plan 0 CHECKLIST EXPLANATIONS Page I 1 L 4 BAKER ST. U '~^ ADAMS AVE. m -/ORANGE COAST `' �h• z CITY OF COUEGE ORANGE co. 4 ��' 0 COSTA FAIRGROUND 4 f�tJ 41�Q CITY z x Q MESA s J r� OF IRVINE j g 2 7'PO !� Q LL VICTORIA ST. ! }} •l UPPER \ UNIVERSI U 19TH m rye CITY � /NEWP BISON AVE ,fir \ BEAC �� RA SAN RD. co F A \ E r \�\ !� H �y e , O c r CENTE s"" TY SY RD a _ I9.AIm RD. 0 c`�9ti t VICINITY MAP NOT TO SCALE \ PROJECT LOCATION DAHLIA AVENUE STREET END SLOPE REPAIR AT FERNLEAF RAMP 00 q NOT TO SCALE 9q \ �F PROJECT-..,,�Q LOCATION MAP m0 VCf' A FAY n �O �Jo of /� DAHLIA AVENUE STREET END SLOPE REPAIR AT FERNLEAF RAMP 0 See Contract File for Dahlia Ave. Street End Slope Repair at Fernleaf Ramp (page 2 of 3) Ll 0 0 0 Appendix B Mitigation Monitoring & Reporting Program CHECKLIST EXPLANATIONS Page 12 0 0 MITIGATION MONITORING AND REPORTING PROGRAM City of Newport Beach Dahlia Avenue Street End Slope Repair at Fernleaf Ramp in Corona Del Mar I. OVERVIEW This mitigation monitoring program was prepared in compliance with Public Resources Code Section 21081.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the applicant and the City to ensure that all mitigation measures adopted as part of this project will be carved out. Attachment 1 summarizes the mitigation measures, implementing actions, and verification procedures for this project. II. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions of approval which are satisfied prior to or during construction and verified by plan check and /or inspection; and (3) through monitoring and reporting after construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below. A. Mitigation measures implemented through project design: Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in conformance with the approved project design. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordinances, policies, standards, or conditions of approval: Upon project approval, a copy of the approved project description and conditions of approval will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in compliance with all applicable codes, ordinances, policies, standards and conditions of approval. Field inspections will verify that construction conforms to applicable standards and conditions. C. Mitigation measures implemented through post - construction monitoring: If any mitigation measures require verification and reporting after construction is completed, the City will maintain a log of these mitigation monitoring and reporting requirements, and will review completed monitoring reports. Upon submittal, the City will approve the report, request additional information, or pursue enforcement remedies in the event of noncompliance. Final monitoring reports will be placed in the official file. 9 0 i § u � E � 0� Z\ /§ U2 ] w � to 2 (� > . + $ - & 2 cc / ) ) k ) k §) $ 4 � \ \ $} mi)Q` ƒ \k ®4! k4 § /)± * } &] %ƒ(\ §\ % \) #)) \%§2 �kk (j)e§2± \ \44 % �3ak) lubo kA t & / &%)ek, � g - \kk§w ■)�� % /i %A;af �- %kE■�� -t3 ,- a- @ §*1 CN 1-1 f44§QW §4m&� -�- /( \ \ \]7k / ƒk \4 kE) / � � 0 0 9 � � (� > . /� \\ \\ \\ /k ® \$ ■ \$ rkk ®} ]k\ § 4 § 4 # § _ƒ 2 2 � _$ \ �W ■ - ��® & /2+ \�@� §% §$ -��w a ®t§ is ) � \%( "tfjQ (J� \k) \ ,R! \k) \4 ƒi\ § \ki)\ ��k\k �kkr� \ \� L @�q&# §¥4-- e§4 -, ~■`k�EO$ {8�■kae"a /7@ §�2: �§® ;� Q \} /777)§ta.§ i3 §ga§ �It :t3M kta§�� *._- ¥va_� �\ «\§§2 ;&\j(k \k dk /)k �#Qyki)) 9 � � 9 4 0 0 > $§ 2 2 & ]§ r)) �� m � R § § R m\§ §\ \ \ $ ■ § , � / 2 � § §�¥ 12 % 2ou 3oo� - - \§; § []�za, e a*«�- \ § -§ /±_ /( E @fuQ tit 7( Ln /ku k) �444(� ��2�§3] 2 -Z 22 § §)2 ® °$ 3»2##§3 °® 2 ��- C3 '-Q t3 ® I m8�a8 - Qt, ■� \� /�222i ®" /«§A� /±�8��»�� >G§ `f)]&f f �\$t§3 , CL x]«2222 ot3na #�2ƒ � r!4&EQ %§§a �k,Q #§288 z N ® ® � 0 0 0 171 r� > - $ $- )) �§ \ /k co } ( kM K 2 w f\ i \ 2 3 _■ 2 2 \�. km,O� » \ \\ \K % {r�k § kk #) }#$ /) ° °°~ =��rA . §�) -�- tdt �4k� rA � )/ )(\72 � \ \2w& ;w ■�,��a,��w �� a=«( §42 42 )ig�t,�� \� °a,Z2, §% § * ® §# b a_£,- �■ aw [ R ¥iB,] -t @ \) $ ,»4tko Q. ( $�»7- z � e 0 0 0 171 DAHLIA AVENUE STREET END SLOPE REPAIR AT FERNLEAF RAMP (C -2809) THIS AGREEMENT, entered into this:,—q?—day o �e 1997, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Dewan, Lundin & Associates whose address is 12377 Lewis Street, Suite 101, Garden Grove, CA 92840 (hereinafter referred to as "Consultant "), is made with reference to the following: A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal member of Consultant is Surender Dewan, P.E. C. City desires to engage Consultant to provide the engineering testings and design services detailed in the attached Proposal identified as Exhibit "A" for the Dahlia Avenue street end slope repair at Femleaf Avenue ramp upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 11 1. TERM w The Term of this Agreement shall commence on the 15th day of September, 1997, and shall terminate on the 31st day of December, 1997, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A" dated August 27, 1997, 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. Bill shall be on a time and materials basis in accordance with the Fee Proposal set forth in Exhibit "B" and shall not exceed Twenty- Four Thousand Three Hundred Sixty Dollars ($24360) without prior City written authorization. 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. Consultant represents 01 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, workers 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 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 Surender Dewan to be its Project Manager. 8. TIME OF PERFORMANCE The tasks 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. 9. CITY POLICY 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. 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 0 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. 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 5 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 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. N 0 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 rr. . �� 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 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 VA 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 reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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. 9 17. CITY'S RESPONSIBILITIES 0 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. Mr. Fong Tse shall be considered the Project Administrator and shall have the authority to 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. 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 "C" All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without prior 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 R:1 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 Consultants schedule of fees contained in Exhibit "B" hereof. Each invoice will be 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 10 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 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 study 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 11 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. 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. 01K 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 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: Fong Tse, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Dewan, Lundin & Associates 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 Attention: Surender Dewan, 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 13 such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. 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 party 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. 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 14 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 ll�L►r�. ' /_,�� i • APP ►. S TO FORM: •' 15 CITY OF NEWPORT BEACH A Mi:IC CZWORKS By: ECTOR CONSULTANT By: 4t Surender Dewan, P.E. Principal Dewan, Lundin & Associates .. August 27, 1997 Mr. Fong Tse, P.E. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 �.XNr�rT 'Pi i AUG 2 81997 Subject: Request For Proposal For The Dahlia Avenue Street End Slope Repair at Fernleaf Ramp - C2809 Dear Mr. Tse, Dewan, Lundin & Associates is pleased to present this proposal to provide engineering services for the subject project. We have assembled a team which we feel will provide all the necessary services for a successful project. We will utilize the services for Bagahi Engineering for the Geotechnics and Foundations study. I look forward to the opportunity of working with you and your staff on this project. If you have any questions or concerns regarding this submittal, please contact the undersigned. If selected, we will be able to present our preliminary recommendations to the City within eight weeks of the notice to proceed. Sincerely, Dewan, Lundin & Associates Surender Dewan, P. E. Principal P- 0307.PRO 0 1 SCOPE OF WORK The scope of work for the project consists of the following: 1. Design Survey: Perform survey to obtain the topography of the project area, including boundary survey for 348 Dahlia Avenue. 2. Geotechnical Services: Provide geotechnical services necessary for the stabilization of the slope. 3. Improvement Plans: • Prepare drainage plans for constructing drainage improvements to convey storm water from the private street above the slope. • Prepare plans for constructing a slough wall at the toe of the slope along Fernleaf Avenue ramp. ■ Prepare plans for constructing the earthwork needed to stabilize the hillside. • Prepare plans for constructing surface treatment to prevent future soil erosion. ■ Prepare project specifications and estimate of probable costs. • Install and monitor a slope inclinometer at 348 Dahlia Avenue, and monitor the data during construction work. ■ Provide assistance during the construction phase. A geotechnical investigation for the project site conducted by Paul David & Associates in 1992 provides various recommendations for slope stabilization. It is our understanding that the City's preference is for Alternate "A" of the report. PROJECTAPPROACH 1. PRELIMINARY DESIGN DEVELOPMENT ■ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ■ Conduct research at the City and obtain record maps, bench marks, centerline ties, etc. 2. DESIGN SURVEY ■ Conduct design survey and obtain necessary topography and grades to facilitate the design of proposed slope. ■ Survey and document the property corners of 348 Dahlia Avenue. 3. SLOUGH WALL AT TOP OF SLOPE ALONG FERNLEAF RAMP ■ To establish parameters for wall design, we propose excavation of one to two drill holes at the toe of slope using a sampling backhoe, obtaining soil samples for laboratory testing including moistureldensity, direct shear and consolidation tests, analysis of data and preparing a report summarizing soil bearing pressure, lateral active and passive pressures, and type of cement for construction. To access the toe for drilling we need to temporarily close off an area of about 10 feet by ten feet of Femleaf ramp for a period of about two hours. 4. PERFORM SOIL TESTS ■ We propose to perform one deep drill hole at top of slope to a maximum depth of 40 feet, down -hole logging by an Engineering Geologist, obtain rock samples for laboratory testing, prepare geological sections based on our findings and perform soil stability analysis for the proposed cut slope. • 5. IMPROVEMENT PLANS ■ Drainage Improvements: A field review of the project area indicates that the existing private street fronting 338 Dahlia Avenue and 348 Dahlia Avenue is in poor condition and in need of reconstruction. However, reconstruction of the street is not a part of this project. _ The existing drainage in the street is from south to north (i.e. from 338 to 348). A drain inlet was observed in the proximity of the apartment complex located north of 348 Dahlia Avenue. We are of the opinion that no surface drainage is concentrated over the top of slope. A detailed study will be performed and mitigations recommended to insure that no surface run -off from the private street drains down the hillside. ■ Improvement plans including slope stability details will be prepared at a scale of V =20'. 6. SLOPE MONITORING ■ This will require drilling a hole 60 feet deep for inclinometer casing, installing 3.34 diameter inclinometer casing with locking cap, obtaining initial set of readings and preparing plot of readings. It is assumed that the wooden fence between the two properties will be taken out to provide access for drilling. 7. PROJECT SPECIFICATIONS AND ESTIMATE OF PROBABLE COSTS ■ Prepare project specifications and estimate of probable costs. Specifications to conform to Standard Specifications for Public Works Construction, latest edition. 8. CONSTRUCTION PHASE ■ Provide assistance during construction phase. D LA Dewan, Lundin & Associates FEE PROPOSAL For Dahlia Avenue Street End Slope Repair at Femleaf Ramp C -2809 ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development $500.00 2. Design Survey $2,500.00 3. Establish Property Corners of 348 Dahlia Avenue $1,500.00 4. Slough Wall (Including necessary Geotechnical Investigations) $3,500.00 S. Soils Tests $4,200.00 6. Improvement Plans $2,500.00 7. Slope Monitoring $3,960.00 8. Project Specifications and Estimate of Costs $2,800.00 9. Assistance during Bidding Phase $500.00 10. Project Meetings $2,400.00 TOTAL FEE: ..................... .....................$24,360.00 MIW" Lu1VIN 6 K>J IHIUS hdx : (14-(4U -dk 2 SCHEDULE OF HOURLY RATES Aug* A,1 W Sep 03 '97 0943 P.02 9 EX Hi t31'( "G" Project Manager .......... ............................... 575.00 Project Engineer .......... ............................... $65.00 Design Engineer .......... ............................... $55.00 CADD Designer .......... ............................... $50.00 Senior Drafter .................. ......................... $40.00 Senior Plan Checker ....... ............................... $55.00 Construction Administrator .. ............................... $55.00 Construction Observer ......................... . .......... $45.00 Building Official .......... ............................... $65.00 Building Plan Check Engineer .............................. $60.00 Building Plan Examiner ...... . ............................ $60.00 Building inspector ......... . .............................. $50.00 Two -Man Field Party ..... ............................... $125.00 Throe -Man Field Party ... ............................... $175.00 Office Survey Analyst ...... ............................... $50.00 Word Processor .......... ............................... $25.00 MISCELLANEOUS CHARGE& Out -0f - pocket expenses (blueprints, reproductions, printing, etc.) will be billed at cost plus 15%. ,SUBCONTRACTS: A 1596 fee for administration, coordination and handling will be added to subcontracted services. All of the above rates are subject to revision. v�wniv ��ivuiiv O noJVL.1H�CJ rdX . (14 -r4U -2:541 Sep 0 Certificate of Insurance 0 11 'y( u9 :25 P -02 SEP 1 0 01 Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 250 Newport Center Drive, Suite M -106 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Newport Beach, CA 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. 714.729.0777 Fax 714.728.0770 EFFEC. DATE insured's Name and Address: Companies Affording Coverage DL&A (Dewan, Lundln d, Associates) Company A — New Hampshire Insurance Company 12377 Lewis Street, Suite 101 Company B -- American Motorists Insurance Company Garden Grove, California 92640 Company C — Continental Casualty Company COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREW NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W ICN 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, CO. TYPE OF POLICY POLICY POLICY LTR. INSURANCE NUMBER EFFEC. DATE FXPIR. DATE LAMBS GENERAL LIABILITY General Aggregate $2,000,000 Product"oR✓Ops Agg. $ 1,000.000 A I X) Comml. Gen. Liability CAP304288D -01 09/26/96 08/26/87 Personal 6 Adv. Injury $1.000,000 l I Claims Made Each Occurrence f 1,000,00D I X ) Occurrence Fire Damage a one Rre S 50,000 I X) Independent ConliactDls Other ( x I Contractual _ X L BrPO s AUTO LIABILITY Combined Single Limit $ 1,000,000 ( I Any Automobile Bodily Injury (per person) ( I All owned autos ( I Scheduled autos 3 Bodily Injury (per accident) A I X !. 1-1red autos CAP3042550 -01 09126186 011125187 ( X I Non -owned autos f Property Damage [ I Garage liability [ ) f EXCESS LIABILITY ( I Umbrella Form Each Occurrence It Other than Umbrella Form Aggregate S wORKaRS- Statutory LBN4s. B COMPENSATION 7CW304364A2 09/01/07 08/01/98 Each Accldenl $1,000.000 AND EMPLOYERS' Disease -Policy Limit i 1,000,000 LIABILITY Disease -Each Employee $1,000,000 C PROFESSIONAL SFP133324987 08/23/86 08127196 Per Clain $1,000,000 LIABILITY J Aggregate $1,000,000 Description Of Operations/ Locations /Vehicles /Reslrictions/SpeUet Items: All operations of the Named Insured Including Project: Dahlia Avenue Street End Slope Repair at Femleaf Ramp (C•2809). General Ltablllty Only. Additional Insured I Primary Wording Endorsement Attached. Certificate Holder: THE AGGREWTE LIMIT 18 THE TOTAL INSURANCE AVMLABLE FOR CLAIM3 PRESENTED WITHIN ME POLICY FOR ALL OPERATIONS OF THE INSURED CANCELLATION: CITY OF NEWPORT BEACH SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BF17011E WE PUBLIC WORKS DEPARTMENT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL X DAYS WRITTEN NOTICE 3300 NEWPORT BOULEVARD. P.O. BOX 1768 TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT W THE EVENT OF NEWPORT BEACH, CALIFORNIA B266E•6916 CANCELLATION Due TO NON PAYMENT OF PREMIUM IN WITCH CASE A 10 DAYS NOTICE WILL BE GIVEN ATTENTION: MR. FONG TSE, P.E. Authorized Repress e: Date: September % 1997 SM u�wniv I_vwUlw b HJJUl.1HItJ rase : (14- I4V- 252511L J ep 11 'y� Uy LS N.U3 CUSTOMIZED ASSET PROTECTION POLICY SCHEDULE OF ADDITIONAL INSUREDS This endorsement modifies insurance provided under the Commercial Liability Coverage Form. J. DESIGNATED PERSON OR ORGANIZATION The entity or entities shown Below and on Policy Declaration Ware Additional Insured(s) but only with respect to liability arising out of your operations or premises owned by or rented to you. City of Newport Beach, its elected officials, officers and employees Nothing herein contained shall vary, alter or extend any provision or condition of the Policy othcr than as above stated. ISSUED TO: Dewan Lundin & Associates POLICY NO: CAP3042880 -01 This Endorsement becomes effective: 9/9197 NEW HAMPSHIRE INSORANCE COMPANY AuWwiwd Sin +N19 : Oiw C.Cwmv<II ISSUE.. Sentemkr 9, 1997 DC0004M I ✓�wnir "Aiviiv a NODUI,iHIt� rax : (14— (4U-6tS42 bep 11 '97 09:25 P.04 I ARCHITECTS AND ENGINEERS ENDO SEM NT This endorsement modifies insurance provided under the customized Asset protection Policy and is applicable only irthe Named Insured listed on the declaration page is an Architect or Engineer. A. The following replaces the OTHER INSURANCE Common Policy Condition: The insurance afforded by this endorsement is primary insurance for "bodily injury" or property damage" that results from "your work" for an additional insured listed on this policy when required specifically by the Additional Insured. Any insurance maintained by the Additional Insured will be considered excess of insurance provided by our policy and not contributory to this policy. Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated. ISSUED TO: Dewan Lundin & Associates POLICY NO: CAP3042880 -01 This Endorsement becomes effective: 9/8/97 NEW nAhlrsmRF INSURANCE COMPANY AW rJud Sjp" : Dl—a C..dl I- MITED: Sc lam i 199 DcO n I