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Home My WebLink AboutC-3198(A) - Bayside Drive Storm Drain ImprovementsMarch 27, 2002 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 GCI Construction, Inc. Attention: Terry Gillespie 345 Fischer Avenue, B-3 Costa Mesa, CA 92626 Subject: Bayside Drive Storm Drain Improvements (C -3198) To Whom It May Concern: On March 27, 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 3, 2001. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 103387916. Enclosed is the Faithful Performance Bond. Sincerely, Lavonne M. Harkless, CMC /AAE City Clerk LH:lb cc: Public Works Department Lois Thompson, Administrative Manager enclosure 3300 Newport Boulevard, Newport Beach PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 PREMIUM: $3,235.00 EXECUTED IN FOUR COUNTERPARTS BOND NO. 103387916 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,235. 00 being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Cal'domia, by motion adopted, awarded to OCI Construction, Inc., hereinafter designated as the "Principal", a contract for construction of BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS, Contract No. 3198 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. 3198 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred twenty -four thousand, six hundred twenty -seven and 001100 Dollars ($224,627.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the 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 26th day of SEPTEMBER �00. / .. GCI CONSTRUCTION, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 700 N. BRAND BL., STE 1250, GLENDALE, CA Address of Surety 91203 (818) 240 -6960 Telephone MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CALIFORNIA ALL - PURPOSE A%,ANOWLEDGMENT State of California County of Orange is On October 3, 2000 before me, Janet L. Russell - Notary Public DATE NAME. TITLE OF OFFICER . EA.. 'JANE DOE, NOTARY PUEUC' personally appeared Terry D. Gillespie - President NAME(S) OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the JANET L. RUSSELL person(s) acted, executed the instrument. N Comm. /1166123 NOTARY "BLIC•CALIFORIA N WITNESS my hand and o 'cial seal. OnAP CFmty M Cahn. tr irn DK.21.2001 41. OFNOTARY Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTWO: KM* OF PERSON(3) OR ENmY(" DESCRIPTION OF ATTACHED DOCUMENT n �S — TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 60.1137 3194 GI OM (ATIONAL NOTARY ASSOCIATION • SM RWW* Aw.. P.O. e0F 7131. Caw" PaK CA 91309'7104 STATE OF COUNTY OF CALIFORNIA RIVERSIDE On % /0q , before me, PERSONALLY APPEARED MICHAEL D. STONG personally known to me Seti9fnetaty eoidenee) to be the persons} whose name(4 is/m,e subscribed to the within instrument and acknowl- edged to me that4w/she /gwy executed the same in We/ her / authorized capacity(ies)-, and that by his /-lea,/ 4heia•signature(s*on the instrument the person(4 or the entity upon behalf of which the person*acted, executed the instument. WITNESS my hand and official seal. Signature R. STANDLEY OPTIONAL ;� R. STANDLEY I ' COM.M. #1253272 ¢` -7 NOTARY PUBLIC - CALIFORNIA r9n RIVERSIDE COUNTY My Comm. Expires Jury 7.2004 This area for OfJ9cial Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRV(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID481 Rev.O /sa ALL- PURPOSE ACKNOWLEDGEMENT TRAVEV CASUALTY AND SURETY COMPANY OF ERICA ELERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563 -8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume or Susan C. Monteon ' " of Riverside, CA, their true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (9-97) May 3, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 GCI Construction, Inc. 345 Fischer Avenue, B -3 Costa Mesa, CA 92626 Attn: Terry Gillespie Subject: Bayside Drive Storm Drain Improvements (C -3198) To Whom It May Concern: On March 27, 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 March 28, 2001, Reference No. 20010181283. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 103387916. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC/ AAE City Clerk LH:cf cc: encls. Public Works Department R. Gunther, P.E., Construction Engineer 3300 Newport Boulevard, Newport Beach PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 EXECUTED IN FOUR COUNTERPARTS BOND NO. 103387916 PREMIUM: INCLUDED 'IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GCI Construction, Inc., hereinafter designated as the "Principal," a contract for construction of BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS, Contract No. 3198 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3198 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized t0 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 two hundred twenty -four thousand, six hundred twenty -seven and 001100 Dollars ($224,627.00) 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 3260 of the Civil Code of the State of California. 0 E 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 performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the above named Principal and Surety, On the 26th day of SEPTEMBER , , 2000. GCI CONSTRUCTION, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety Author 700 N. BRAND BLVD., STE 1250 Address of Surety GLENDALE, CA 91203 (818) 240 -6960 Telephone MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and rifle NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M CALIFORNIA ALL- PURPOSEILHOWLEDGMENT • State of California County of Orange On October 3, 2000 before me, Janet L. Russell - Notary PubliC DATE NAME, TIME OF OPMER • E.G.. 'JANE DOE. NOTARY PUBLIC personally appeared Terry D. Gillespie - President NAME(S) OF SIGNERIS) f personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET L. RUSSELL N Comm. 1166123 NOTARY ?URIC •CAUFORNIA N WITNESS my hand and official seal. 40MY Orange County C4am. Ex Mn De4.21,2 OPTIONAL Though the data below is not required by law, R may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President Tm.ES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PER40NM OR EMMOM 80 -1133 7/44 DESCRIPTION OF ATTACHED DOCUMENT :_AT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATpNAL NOTARY ASSOCIATION • 8478 PAMW Aw.. P.O. Bo: 7184 • CWXIP Park. CA 91309.7184 STATE OF COUNTY OF CALIFORNIA RIVERSIDE On �/ I(p1�� before me, PERSONALLY APPEARED MICHAEL D. STONG personally known to me to be the person(c4 whose name(4) is /ere subscribed to the within instrument and acknowl- edged to me that- ke/she /tieey executed the same in lie/ her /grit- authorized capacity(ies} and that by his /4w*/ #lwi&signature(+on the instrument the person(&)�r or the entity upon behalf of which the person(*acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. R. STANDLEY OPTIONAL R. STANDLEY d ' n COMM. #1263272 / NOTARY PUBLIC. CALIFORNIA m RIVERSIDE COUNTY ' ^e My Comm. Expires Juno 7, 2004 It This area for Official Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENITYVES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-Ml Re .6/94 ALL- PURPOSE ACKNOWLEDGEMENT i RECORDING F&MtVCB& AND WHEN RECORDED RETURN TO: City Clerk rot APR -6 A8 :36 City of Newport Beach 3300 New_p *�u1 &Y CLERK Newport 8e�tt T BEACH 40 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder Ilimllllll111111111111111111111111111111 (IN0 FEE 20010181283 03:10pm 03128101 115 3 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 GCI Construction, Inc., of Costa Mesa, California, as Contractor, entered into a Contract on September 12, 2000. Said Contract set forth certain improvements, as follows: Bayside Drive Storm Drain Improvements, C -3198 Work on said Contract was completed on January 26, 2001, and was found to be acceptable on March 27, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of 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 —Mal_ k oZ 8 d DL) l at Newport Beach, California. BY / /i}n ,ice %' 1 . /C /lCr C 14E _... _. City Clerk 4FAMI\M March 27, 2001 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS, CONTRACT NO. 3198 — ACCEPTANCE AND COMPLETION M aE Crrr C( RECOMMENDATIONS: 2 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. 5. Direct staff to increase the appropriation in Account No. 7012- C5100008 in the amount of $22,229.35 and increase the revenue estimate for General Fund Account No. 5100 -5864 in the amount of $22,229.35 for the additional contract work and subsequent reimbursement by Pacific Bell. DISCUSSION: On September 12, 2000, the City Council authorized the award of the Bayside Drive Storm Drain Improvements contract to GCI Construction, Inc., of Costa Mesa, California. The contract provided for: • Enlarging the existing catch basins at Fernleaf Avenue and Carnation Avenue • Installation of a new catch basin at Femleaf Avenue • Installation of drainage inlets at County Road and northerly of County Road • Resurfacing of roadway pavement from County Road to Femleaf Avenue • Connection of the higher capacity storm drain system to an existing 24 -inch reinforced concrete pipe for discharge through an existing County Road street end seawall opening SUBJECT: BAYSIDE DRIVE STRAIN IMPROVEMENTS, CONTRACT NO 3198 r�EPTANCE AND COMPLETION March 27, 2001 Page 2 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: $246,627.00 Actual amount of bid items constructed: 228,408.01 Total amount of change orders: 36,888.90 Final contract cost: $265,296.91 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for asphalt grinding, asphalt overlay, and curb replacement. The final overall construction cost including change orders was 18.11 percent over the original bid amount. A total of three change orders totaling $36,889.90 were issued to complete the project. They were as follows: A change order in the amount of $3100.00 provided for removal of one catch basin. 2. A change order in the amount of $11,559.55 provided for installation of a rock wall, additional curb and gutter, and reconstruction of a sewer lateral. 3. A change order in the amount of $22,229.35 was due to unmarked Pacific Bell conduits, which required six days of additional work by the contractor. Pacific Bell has been sent an invoice to reimburse this expenditure. Funds for the project were budgeted in the following account: Description Account No. Amount Storm Drain Improvement Plan 7012 - 05100008 $265,296.91 The original scheduled completion date was November 22, 2000. Due to the required change order work, the completion date was extended to January 26, 2001. All work was completed by the revised completion date. R�, pectfull /y/ submitted, t`Y YLC�`^tiwnddvw7 T�"� PUBLIC WORKS DEPARTMENT Don Webb, Director By: 9. (557c-'t� R. Gunther, P.E. Construction Engineer Attachment: Letter to Pacific Bell Project Location Map 0 0 N PLO x® \ 0 pLP l 949 P� f n P NEWPORT HARBOR �qAf PO A A SAO p1" q INS A`!s LOCATION MAP P� NOT TO SCALE � -- PROJECT LOCATION ci BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS C -3198 March 15, 2001 0 9 CITY OF NEWPORT BEACH Mr. Ryan Thomas Engineering Department Pack Bell 3939 E. Coronado Street Anaheim, CA 92807 PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443311 SUBJECT: Bayside Drive Storm Drain Improvements (C -3198) Dear Mr. Thomas, As pointed out in my letter of October 25, 2000 (attached), the above City project's construction work was delayed due to the lack of response from Pacific Bell. City records confirm that your office was notified many months before the City Contractor started the City work. A storm drain plan transmittal letter, a "Prepare to Relocate Notice," and a set of plans were sent to your office from DMc Engineering, the City's engineering firm for the project, on May 31, 2000, via National Messenger Inc., (receipt attached). This notification was well ahead of the start of City construction work. Although Pacific Bell was notified by letter on September 28, 2001, your staff failed to attend the preconstruction conference on October 3, 2000. Construction delay costs were incurred from October 16 through October 26, 2000. Your letter of October 30, 2000, stated that Pac Bell received the letter of May 31, from DMc Engineering, but plans were not received. Both the letter and the notification from DMc clearly states the contrary as verified by the receipt. Your letter also states that regarding the preconstruction meeting that the only thing Pacific Bell needed were the plans. Pacific Bell had the plans well ahead of time and if the original plans had been misplaced your office should have requested a replacement set. Enclosed is an invoice for $22,229.35, which is the amount of the change order (attached) paid to the contractor for the cost of construction delays and the costs of having the City contractor adjust the Pacific Bell facilities. 3300 Newport Boulevard, Newport Beach 0 0 Please sign and return this letter along with your check to: City of Newport Beach Attention: R. Gunther Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 You may contact R. Gunther of my staff at (949) 644 -3311 if you have any questions. Sincerely, Bill Patapoff, P.E. City Engineer By: R, 444t.v R. Gunther, P.E. Construction Engineer cc: Derek McGregor, DMc Engineering Fong Tse, CNB Signature of Pac Bell: Date: Attachments: National Messenger receipt October 25, 2000 letter Invoice Change Order pity of Newport Beach BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Description 010 Increase Revenue Estimates X REVENUE ESTIMATES (3601) Increase Expenditure Appropriations Division Fund/Division Transfer Budget Appropriations SOURCE: 5100 5864 Private Refunds & Rebates from e)dsting budget appropriations Px Number from additional estimated revenues Number from unappropriated Acid balance EXPLANATION: NO. BA- r , 037 AMOUNT: $22,229.35 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations for additional work on the Bayside Drive Storm Drain Improvement Project (C -3198) to be paid for by Pacific Bell. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Accoun t Description 010 3605 Fund Balance REVENUE ESTIMATES (3601) Number Division Fund/Division Account Description 5100 5864 Private Refunds & Rebates EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description 7012 Drainage C5100008 Storm Drain Improvement Program Amount Debit Credit $22,229.35 $22,229.35 nistrative S 'ces Director Dale City Manager � ate O City Council Approval: City Clerk Date fty of Newport Beach BUDGET AMENDMENT 2000 -01 i NO. BA- 037 AMOUNT: $22,229.35 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X No effect on Budgetary Fund Balance , I' T SOURCE: at � _ from existing budget appropriations ��IA�pp from additional estimated revenues MAR 2 7y PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following:. To increase revenue estimates and expenditure appropriations for additional work on the Bayside Drive Storm Drain Improvement Project (C -3198) to be paid for by Pacific Bell ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 Fund Balance REVENUE ESTIMATES (3601) Number Fund/Division Account Description 5100 5864 Private Refunds & Rebates EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Administrative Description 7012 Drainage C5100008 Storm Drain Improvement Program City Signed: � !(/ nc. In - fV� City Council Approval: City Clerk Amount Debit Credit $22,229.35 $22,229.35 >l�- 3 / :-/- Director Date � � O ate Y 34� Date AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DMc ENGINEERING FOR BAYSIDE DRIVE AND CARNATION AVENUE STORM DRAIN IMPROVEMENTS THIS AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment No. 2 "), entered into this 1322 day of 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and DMc Engineering, whose address is 18 Technology Drive, Suite 100, Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On June 30, 1998, and amended on July 27, 1999, the City and the Consultant entered into an Agreement to provide for professional engineering services for construction of drainage improvements on Bayside Drive and Carnation Avenue. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant has provided the services noted below relative to storm drain improvements in Bayside Drive north and south of County Road that were not part of the original agreement. a. Prepare three separate sets of Improvement Plans. One for Coastal submittal, another for Coastal Improvement final drawings, and a third for non - Coastal improvements. b. Analyze pothole data and revise trench drain, two storm drain laterals, and roadway cross sections on the construction plans. C. Re- design the junction structure at County Road in order to relocate it horizontally and vertically from existing utilities and private property improvements. d. Additional reprographic allowance for changes in the Amendments to the Agreement. I 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ". The maximum fee for additional services shall not exceed $9,800. The maximum amount of the Agreement as awarded by Amendment No. 1 is $30,060. The total maximum amount including Amendment Nos. 1 and 2 is $39,860. 3. The Term of this Agreement and Amendment Nos. 1 and 2 is extended to June 30, 2001, unless terminated earlier as set forth herein. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the day and year first written above. APPROVED AS TO FORM: 22 Assistant City Attorney ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor DMc ENGINEERING Consultant By: o��% M.JCcn�P� LaVonne Harkless Derek J. McGre o ' P.E., P.L.S. City Clerk Principal f:\usere\pbw\shared\contracts\fy 00- 01%bayside drive stone drain improvements o-3198\dmc engineering amend 2.doc ExN�aIT'q' . ADDENDUM NO, 3 ENGINEERING SERVICES BAYSIDE DRIVEICARNATION AVENUE IMPROVEMENT PLANS Below are the additional work items and associated fees included in this addendum: A. En in Bring Services L Prepare three (3) separate Storm Drain Improvement Plan Sets: a) Coastal Submittal b) Coastal Improvement Plans Set c) Non - Coastal Improvement Plan Set This work item was not included in our original scope of work for the above project. Therefore, we request your approval of an additional fee of $3,000 plus a budget amount of $500 for the cost of blueprints, computer plotting, reproductions and deliveries. All terms and conditions of our original agreement shall apply to this addendum. 0 ADDENDUM NO. 4 ENGINEERING SERVICES BAYSIDE DRIVE IMPROVEMENT PLANS Below are the additional work items and associated fees included in this addendum: A. Enne_ineering Services Analyze recently provided pothole data relative to the final plans, 2. Compile the pothole data and revise the trench drain and two (2) storm drain laterals accordingly. 3. Revise the plans and cross sections relative to the existing pavement sections provided with the pothole data based on the above. This includes verification of achieving the recently provided 4" AC over 10" AB minimal pavement section. This also includes revising the specifications and quantities. These work items were not included in our original scope of work for the above project. Therefore, we request your approval of an additional fee of $3,740 plus a budget amount of $200 for the cost of blueprints, computer plotting, reproductions and deliveries. All terms and conditions of our original agreement shall apply to this addendum. ADDENDUM NO.5 ENGINEERING SERVICES BAYSIDE DRIVE IMPROVEMENT PLANS Below are the additional work items and associated fees included in this addendum: A. Engineering Services Re- design the storm drain juncture structure's horizontal and vertical location at the intersection of Bayside Drive and County Road. This includes revisions to the vertical and horizontal location. This is based on our field meeting on 10/2/00 and subsequently provided fax on 10/4/00 along with City provided field survey data on 1015100 and will be noted as Delta 2. These work items were not included in our original scope of work for the above project. Therefore, we request your approval of an additional fee of $1,360 plus a budget amount of $200 for the cost of blueprints, computer plotting, reproductions and deliveries. All terms and conditions of our original agreement shall apply to this addendum. C TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BAYSIDE DRIVE STORM DRAIN IMPRC NO. 2 TO PROFESSIONAL SERVICES ENGINEERING RECOMMENDATIONS: 08-) 0,3\98 February 13, 2001 'CIVICIV 1 J - MvIr-NUIV1G111 AGREEMENT WITH DMc Approve Amendment No. 2 to the Professional Services Agreement with DMc Engineering for $9,800. 2. Authorize the Mayor and the City Clerk to execute Amendment No. 2 to the Agreement. DISCUSSION: On June 30, 1998, the City entered into an Agreement with DMc Engineering to conduct a drainage assessment of three areas of the City that experienced flooding during the 1997 -98 rainy season. One of the areas was on Bayside Drive near County Road where a number of private properties were flooded. As a result of the assessment, an Agreement was executed on May 12, 1999, to provide design services for a new drainage system on Bayside Drive in addition to upgrading the existing drainage system in Bayside Drive from County Road to Femleaf Avenue. Amendment No. 1 to the Agreement was executed on July 27, 1999, to design additional drainage facilities in an easement obtained from a property owner on Bayside Drive at County Road. As the final design plans were developed, staff felt the project could be expedited if all improvements requiring Coastal Commission approval were separated from the rest of the project and completed first. The plans requiring approval were submitted to the Coastal Commission and a permit was obtained. Meanwhile the remaining design plans were completed. A second set of drawings was needed to expedite the construction of a storm drain in an easement adjacent to a home that was under construction at Bayside Drive at County Road, and a third set of plans were completed for the remaining improvements. This work was above the contracted scope of work. Potholing was conducted to locate underground utilities prior to and during construction. The utilities were found to be in a different location (vertically and /or horizontally) than SUBJECT: Bayside Drive Storm a Improvements - Amendment No. 2 to Professionaorvioes Agreement with DMc Engineering February 13, 2001 Page 2 shown by the utility markings in the field and therefore redesign of a number of facilities was necessary to complete the drainage improvements. All the drainage facilities were constructed and completed prior to this year's rains and have been successful in conveying the Bayside Drive runoff. The original contract amount for the design of the Bayside Drive drainage improvements was $23,000. Amendement No. 1, which was for design of the storm drain system within the easement, amounted to $7,060. The costs for the three separate sets of plans, plus the pothole revisions were $9,800 (Amendment No. 2). Therefore, the design costs for the $290,000 construction project were $39,860. Funds are available in the Storm Drain Improvement Account No. 7012- C5100008 for Amendment No. 2 ($9,800). Respe bmitt , P BL WORKS DEPARTMENT Don Webb, Director y: I 17r.;V;Tx!ZP-0— — Bill po City Engineer Attachment: Amendment No. 2 Location Map NEWPORT LOCATION MAP NOT TO SCALE M -- PROJECT LOCATION BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS C -3198 0 • . AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH DMc ENGINEERING FOR BAYSIDE DRIVE AND CARNATION AVENUE STORM DRAIN IMPROVEMENTS THIS AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as "Amendment No. 2 "), entered into this day of 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and DMc Engineering, whose address is 18 Technology Drive, Suite 100, Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On June 30, 1998, and amended on July 27, 1999, the City and the Consultant entered into an Agreement to provide for professional engineering services for construction of drainage improvements on Bayside Drive and Carnation Avenue. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant has provided the services noted below relative to storm drain improvements in Bayside Drive north and south of County Road that were not part of the original agreement. a. Prepare three separate sets of Improvement Plans. One for Coastal submittal, another for Coastal Improvement final drawings, and a thins for non - Coastal improvements. b. Analyze pothole data and revise trench drain, two storm drain laterals, and roadway cross sections on the construction plans. C. Re- design the junction structure at County Road in order to relocate it horizontally and vertically from existing utilities and private property improvements. d. Additional reprographic allowance for changes in the Amendments to the Agreement. 0 • 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ". The maximum fee for additional services shall not exceed $9,800. The maximum amount of the Agreement as awarded by Amendment No. 1 is $30,060. The total maximum amount including Amendment Nos. 1 and 2 is $39,860. 3. The Term of this Agreement and Amendment Nos. 1 and 2 is extended to June 30, 2001, unless terminated earlier as set forth herein. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the day and year first written above. APPROVED AS TO FORM: LIM Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor DMc ENGINEERING Consultant By: Derek J. McGregor, P.E., P.L.S. Principal f:WSerstpbvAsharedkontracts %fy DD- Oftayside drive storm drain Improvements c- 3198Xdmc engineering amend 2.doo Exhibit A Summary Addendum No. 3 $3,500 Addendum No. 4 $30940 Addendum No. 5 $1,560 Additional Miscellaneous Duplicating And Printing Of Three Versions Of Plans 800 $9,800 ADDENDUM NO. 3 ENGINEERING SERVICES BAYSIDE DRIVEXARNATION AVENUE IMPROVEMENT PLANS Below are the additional work items and associated fees included in this addendum: I. Prepare three (3) separate Storm Drain Improvement Plan Sets: a) Coastal Submittal b) Coastal Improvement Plans Set c) Non - Coastal Improvement Plan Set This work item was not included in our original scope of work for the above project. Therefore, we request your approval of an additional fee of $3,000 plus a budget amount of $500 for the cost of blueprints, computer plotting, reproductions and deliveries. All terms and conditions of our original agreement shall apply to this addendum. ADDENDUM NO.4 ENGINEERING SERVICES BAYSIDE DRIVE RAPROVEMENT PLANS Below are the additional work items and associated fees included in this addendum: , .41 1 I u: 1. Analyze recently provided pothole data relative to the final plans. 2. Compile the pothole data and revise the trench drain and two (2) storm drain laterals accordingly. 3. Revise the plans and cross sections relative to the existing pavement sections provided with the pothole data based on the above. This includes verification of achieving the recently provided 4" AC over 10" AB minimal pavement section. This also includes revising the specifications and quantities. These work items were not included in our original scope of work for the above project. Therefore, we request your approval of an additional fee of $3,740 plus a budget amount of $200 for the cost of blueprints, computer plotting, reproductions and deliveries. All terms and conditions of our original agreement shall apply to this addendum. r ADDENDUM NO.5 ENGINEERING SERVICES BAYSIDE DRIVE IMPROVEMENT PLANS Below are the additional work items and associated fees included in this addendum: A. Engin� Services 1. Re- design the storm drain juncture structure's horizontal and vertical location at the intersection of Bayside Drive and County Road. This includes revisions to the vertical and horizontal location. This is based on our field meeting on 10/2/00 and subsequently provided fax on 10/4/00 along with City provided field survey data on 1015100 and will be noted as Delta 2. These work items were not included in our original scope of work for the above project. . Therefore, we request your approval of an additional fee of $1,360 plus a budget amount of $200 for the cost of blueprints, computer plotting, reproductions and deliveries. All terms and conditions of our original agreement shall apply to this addendum. 0 • CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS CITY CLERK 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 30th day of August. 2000, at which time such bids shall be opened and read for BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS Title of Project Contract No. 3198 $275,000 Engineer's Estimate Approved 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. REQUIRED CONTRACTOR LICENSE CLASSIFICATION: "A" For further infonnation, call Fong Tse, Project Manager at (949) 644 -3311. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 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 L.A.C.F.C.D. STANDARD PLAN ...... ............................... .......................APPENDIX CALIFORNIA COASTAL DEVELOPMENT PERMIT ............ .......................APPENDIX PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 INSTRUCTIONS TO BIDDERS 1. 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) maybe 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 resery es 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. 0 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 -7989 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. %955' J ,5W oJols.S /AEI Contractor's License No. & Classification rl 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS •.. Z• ) 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 THE AMOUNT OF THE BID Dollars ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 13AYSIDE DRIVE STORM DRAIN IMPROVEMENTS, Contract No. 3198 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 duty enter into and execute the Contract Documents for the construction of the project in the form required within ten days (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 Band. Witness our hands this 23rd day of AUGUST 200 �' M1 GCI CONSTRUCTION, INC.? Name of Contractor (Principal) Authoriz Sign ?Xr�e1S�¢►t�' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety nzed Agent Signature 700 N. BRAND BL STE 1250, GLENDALE, CA 91203 SHAWN BLUME, ATTORNEY -IN -FACT, Address of Surety Print Name and Title (818) 240 -6960 Telephone (Notary acknowledgment of Principal & Surety must be attached) CALIMYIRNIA M. -PI IRPOSr: CERTIPICATF OF Stateuf California _ County of orange On Mbefore rWO personally; ippeared JANET L. RUSSELL N Comm. /1166123 NOTARY PUBLIC -CAMRNa Onnpe County R1 Conm. 4prrei Os. 11, 1001 `� at Personally known to me OR ) Proved to the on the basis of sutisfactory evidence, to be the person(-.) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his /her /their authorized capacity(ics), and that by his/her /their signaturc(s) on the instrument the PC". n(s), or the entity upon behalf of which the persons) acted, executed the instrument. OPTIONAL The data below is not required by law, however It may prove valuable to persons relying a.n the document and could prevent fraudulent reattachment of this form. SIGNATt1RF: AUTHORITY OF Slgt : U INVIVIDMI. U ColtFolt mF Orru aN(s) TWMA) Q PARTNER U Limrre ) U ATroumey -w -FA( r O Totesme(s) O Ct1AR NAN/CONSF:RVATOR O OTr1ER' _ NAMKS) (} Pr;tlstlN(S) OR EMIAMS) SRaO tS REtRESEN—Wi: 0. MscitIPTION or ATTACHED DOCUMCNT TRLE OR TYPE uv [Xict'A7tsT Nuvaot OF PArmv DATE OF DOCIIMEW SIGNER(S) OTB M THAN NAMED Mow STATE OF CALIFORNIA COUNTY OF y RIVERSIDE On a/a `� PERSONALLY APPEARED I SS. ,before me, R. STANDLEY personally known to me (Q r_-' to ...Pc^ the bar" °£ satisiaetEiry ,...:a,... ^^) to be the person(.} whose name(g} is /arc subscribed to the within instrument and acknowl- edged to me that he /executed the same in his/ U ". ;hew authorized capacity(ies), and that by his /Uef�f -their signature* on the instrument the person4 or the entity upon behalf of which the persgr4 - acted, executed the instrument. WITNESS my hand and official seal. Signature 0z" SHAWN BLUME R.STANOLET s COMM. #1263272 �y NOTARY PUBLIC - CALIFORNIA q RIVERSIDE COUNTY . -e H My Cn mm. Em ms June T. 2004 6 OPTIONAL This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIE6) Ia081 Rev. 6/94 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL - PURPOSE ACKNOWLEDGEMENT TRAVELS CASUALTY AND SURETY COMPANY OF RICA TIW-LERS CASUALTY AND SURETY COMP * FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 rrt�t` TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS �If� Naperville, Illinois 60563 -8458 t ✓• ?.LEA POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FAC 00 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stung, Shawn Blume or Susan C. Monteon * * of Riverside, CA, their true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's naive and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) 0 PUGS `1tlelat3as;ue ;sissys ' r° • F� °��° r,, .•w uosueyor •w uoN a' a`o" , a�yy',�'�9; o a! .0* ci lt6l � s NN00 F8 ylV3S L861 6i 'aHOjumH ? §p'- £ �-�'Y/ �✓ °S�Vb°dU °n 7�'��bpl�� W6'J y g Owe' jo st!p sigl paleQ 7nopoouuoJ jo ale1S `ploj11eH jo f<) aqi m 'XuedwoJ aql jo a3lUO owoH agl le paleaS pue pauft par ur mou ate '.{luoylnV jo mmup11aJ aql ur 111103 lag se `sloloatr(l jo spleog oql jo suopnlosag 8urpuelS ayi imp `alounagiteg pue 'pa)Ional uoaq 1ou sey pue a31oj llnl ur surewat .iluoglny jo oleovipoo pue Souio11V jo 13A1od Patimm pue 8ur03010j ag11eg1 kmi-I9J Ag3m 00 `srournl jo olms agl jo uollmodto3 xools `SIONII'II 30 ANVdWO3 AI3HIIS (INV AAIVf)SV3 SH3I3AVHI Pue `1n3p3auuoJ jo MIS oql jo suopetodlo3 sI3ols `ANVdNIOJ AL IVII5Va NOJf)MP1HV3 Pue ANVdNOJ AI MIS 0MV A•L'IVIISVJ SH3I3AVH.L `VJIII3IIIV 30 ANIVdWOJ AI MIS aNV AIrWIISVJ SH3I3AVHI j0 Gel3t33S IuelsrssV `p308131opun ayl 'I 3.I.VJId1.I.I13J llneatlal •O anew wjgnd AMON LOOL 'OE aunt` sandxa uoissnuwo3 An t Oti � joataylsuopnlosag guipumS ayl tapun a31lgo tot /sTq 3o fgwi lne Aq suopel0dto3 ay1 jo jlegaq uo luawnnsur pies ayl palnwxa ays/ag legl pue 'sleas alelodtoo pris ate luawnllsur pres ay1 of paxlge sleas ayi 1eg1'suoyetodtoa pies jo sleas aql smou l ails/ay ieyl'luownnsur anoge agl paln3axa y3nlm pue ur p3qu3s3p suopelodlo3 ayi 'SIONII7I 30 ANVdI1IO3 AL3HIIS QNIV ALIVIISVa SH3I3AVH•L Pug A4VdI1IOJ AL'IVIISVJ NO•L`JNIY+IIIVd `ANVd1KOJ A.LARaS QNV AL'Idf1SVJ SH3'I3AVHI `VaIH31AIV 3O ANWI1iO3 A•LMIS QNV A.L'IVIISVJ SH3I3AVH,L jo Iuaplsa.id aoi toivaS si ays/aq legl Ius pue asodap prp `atoms Xlnp aw Iq 3uraq `oqm `umoull aw of NOSaWOHL 'M 3JH039 owe3 Alleuostad aw alojaq 6661 'aunt 30 :Cep 11191 sryl uO luaPreaJd OWAtoluas s uosdwoylyMa6toa0 �B 6 N3S '�dem co SIONPI'H 30 ANVdWOJ ALMS QNV AI'IVIISV.3 911373AVHI ANVdIAIOJ AI7VIlSVJ NOIOKGV*IV3 ANVdWOJ A13HfIS ONV AI'IVaSVJ SH373AVHI V31EBW 30 ANVdWOJ AIRMS (M AIZVIISVJ S11373AVIU ?Q�a$V'y1 °i�F�,9� 0 L96i G=i ,�'sbod�r° ��nsv� u MNO'J � � {rf•�0�rj 6'SOtlOtLMHbn ��'/ a � oar AA'`vc rittsaM Qdo&INVH 30 A.INMoo P10j11sH 'SS f .Lf131103NNOJ 30 31VIS '6661 `aunf 30 ,Cep y181 still paxrge oiataq aq of Was alwodlo3 nayl pue `IUaplsatd 331A .tornaS nagl :Cq pau3rs aq of luauuulsur sr111 posne3 wil SIONI'I'II 30 ANVd1410a AI3HfIS QNIV Al'lVf1SVJ SH3'I3AVHI Pell ANVdIVO0 AI'IVIISVJ NO.L`JNIINRIV3 `ANVdNOa AI3HIIS QNV AZIVf1SVJ SH3'I3AVH,L `VJIH3IIIV 30 ANWINOa AIMS QNV A,LIVIISVJ SH3I3AVH,L `3O3H319M SS3N•LIM NI PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 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 Soecificetions 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. 2. 3. 4. 5. 6. 7. 8. 9. Subcontract Work Subcontractor At. {tai I riy �b � a 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 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 CCompleettedd, � Name /Agency To Contact umber a.cAfi 1jimblAb' to C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of May 31, 2000 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT CITY OF FOUNTAIN VALLEY 017 Park & Ride Lot at the Fountain Valley 166,669 10200 Slater Avenue Recreation Center Fountain Valley, CA 92708 (714) 593-4400 CITY OF LAGUNA BEACH 025 Virginia Park Drive, Skyline Drive & Vista Lane 315,315 505 Forest Avenue Storm Drain Laguna Beach, CA 92651 (949) 497 -0351 CITY OF NEWPORT BEACH 009 Water Line Replacements & Alley 26,243 3300 Newport Blvd. ReconstructionMarcus Newport Beach, CA 92658 -8915 012 Jamboree Road Sewer Improvement 139,730 (949) 644 -3311 018 Central Balboa Water, Sewer & Alley 495,804 Improvements & West Newport Beach Main Replacement, Phase II CITY OF ROSEMEAD 013 Storm Drain Improvements 330,031 8838 East Valley Blvd. Rosemead, CA 91770 (626) 288 -6671 CITY OF TORRANCE 016 Constructionof CMP Replacement Program 1,021,000 3031 Torrance Blvd. 1998 -199 Torrance, CA 90509 -2970 026 Construction of Arnie Avenue Retention Basin 423,078 (310) 618 -2820 Force Main C.W. DRIVER 035 "Perilous Plunge" - Utilities 215,583 7442 North Figueroa Street Los Angeles, CA 90041 -1710 (323) 259 -8600 IRVINE RANCH WATER DISTRICT 001 Bonita Creek Park Trunk Sewer Relocation 621,100 15600 Sand Canyon Avenue Irvine, CA 92618 (949) 453 -5585 JOHN LAING HOMES 037 Laing Homes Meadowlark Utilities- Tract 15472 99,981 19600 Fairchild, Suite 150 Irvine, CA 92612 (949) 476 -9090 Ext. 230 G: 3=t \GCNOBLISI\GCI REFERENCE SHTAM Page 1 of 3 05 C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of May 31, 2000 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT KNOTT'S BERRY FARM 010 Coasters Restaurant Knott's Berry Farm 12,820 8039 Beach Blvd. 023 "Wipe Out" & "Scrambler" 71,031 Buena Park, CA 90620 027 "Soak City" Demo 123,882 (714) 220 -5227 028 Parking Lot Rehab for Restriping 51,309 029 Employee Parking Lot 29,418 030 "Soak City" - Water Lines 13,000 031 Mechanical Pump Buildings - "Soak City" 899,999 032 "Soak City" - Grading 572,073 033 "Soak City" - Utilities 498,067 034 "Perilous Plunge" -Demo 159,750 039 Cross Town Sewer 210,708 041 "Soak City" - Asphalt Paving 170,394 043 "Soak City" - Concrete Flatwork 753,828 044 "Soak City" - Wall #1 for Ramp to Bridge 94,590 046 Grand Avenue Drop Off - Knott's Berry Farm 102,136 054 Stanton Avenue Phase - 1 136,071 055 Housekeeping Pads - "Soak City" 9,812 LOYOLA MARYMOUNT UNIVERSITY 002 L.M.U. Export - Playa Vista 716,502 7900 Loyola Blvd. Los Angeles, CA 90045 -8370 (310) 338 -7762 MISSION VIEJO CHRISTIAN CHURCH_ 011 Mission Viejo Christian Church 11,222 27405 Puerta Real Suite 360 Mission Viejo, CA 92691 (714) 768 -0209 MR. JOHN THORSELL 006 Water Line Relocation- Dana Point 13,709 1 Santa Lucia Dana Point, CA 92629 (949) 448 -8722 PACIFIC BUILDING INDUSTRIES 024 Bayside Restaurant - Newport Beach 2,700 3190 -K Airport Loop Drive Costa Mesa, CA 92626 (714) 755 -0299 PERDOMO BLT ENTERPRISES, LLC 003 East L.A. Recycling and Transfer Station ::]144 511 Spectrum Avenue Oxnard CA 93030 (805) 278 -8220 G:U=et\GCNOBLISINGCI REFERENCE SHT.doc Page 2 of 3 C I CONSTRUCTION, INA FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of May 31, 2000 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT PLAYA CAPITAL COMPANY, LLC 004 Placement of LMU Import Material 132,470 12555 West Jefferson Blvd., Suite 300 Los Angeles, CA 90066 (310) 822 -0074 PORT OF LONG BEACH 925 Harbor Plaza Drive, 4th Floor Long Beach, CA 90801 (562) 437 -0041 022 Removal of Nicholson Avenue Ramp 128,153 SOUTH COAST WATER DISTRICT 007 Coastal Treatment Plant - Export Sludge Force Main Phase III 015 Camino De Estrella Sewer Main 93,109 110,767 31592 West Street Laguna Beach, CA 92607 (949) 499 -4555 SOUTHERN CA WATER COMPANY 045 Albertoni Blvd., East of Avalon Blvd. - 12" DI Pipe Watermain Installation 142,229 17140 South Avalon Blvd., Suite 100 Carson, CA 90746 (310) 767 -8205 WALNUT VALLEY UNIFIED SCHOOL 008 Morning Sun Landslide Site - Walnut 25,392 DISTRICT 880 South Lemon Avenue Walnut, CA 91789 (909) 595 -1261 Ext. 1378 G:U=tNGCN0BLIST\GC1 REFERENCE SHT.dm Page 3 of 3 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 NON - COLLUSION AFFIDAVIT State of California ) ss. County of - c 1 ) PAGE TerLA b.6(i (fwic, _, being first duly §§worn dgposes and says that he or she is re1S:Ldn_B1f of 6G ahI -T-M i the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. r ei CxnsVan Bidder Subscribed and sworn to before me thisday of Brf RUSSELL ,y,,L Z t omm. 166123 N NOTARY PUBLIC - CALIFORNIA Droop County J • 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten 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 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. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract Documents and delivered to the Engineer within ten. days (not including Saturday, Sunday, and Federal Holidays) after the date of receipt of the Notice of Award to the successful bidder. 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 specked 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. 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 CONTRACT THIS AGREEMENT, entered into this 12th day of September, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GCI Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS Project Description 3198 Contract No. WHEREAS, Contractor has been determined by City to be the lowestsesponsible 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. 3198, 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. E 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 two hundred twenty-four thousand, six hundred twenty-seven and 001100 Dollars ($224,627.00). 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 t 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 U V K I KAI, I _UK City of Newport Beach GCI Construction, Inc. Public Works Department 345 Fischer Avenue, B -3 3300 Newport Boulevard Costa Mesa, CA 92626 Newport Beach, CA 92663 Attention: Terry Gillespie Attention: Fong Tse (714) 957 -0233 (949) 644 -3340 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 0 0 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 11185) 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. 0 6 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 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 • • 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. 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. U I Y L LtKK APP ED AS TO FORM: CWY ATTORNEY CITY OF NEVPORT BEACH A Municipal orporation 0 GCI and Title �l C- - IdQK+- yC aD CERTIFICA76 OF LIABILITY INSU NC ID SG DATE (MMDWYY) ICO -1 10/03/00 PRODUCER James Econn & Co. Insurance CA- License #0340047 445 S. Figueroa St., 36th Fl. 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Los Angeles CA 90071 -1602 Phone:213 -629 -3131 Fax:213 -629 -4440 INSURED INSURER A: Caliber One INSURER B: General Security GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ®OCCUR GCI Construction, Inc., at al, ATTN: Janet Russell 245 Fischer Avenue B -3 Costa Mesa CA 9262E INSURERC: Frontier Insurance INSURER D: Generali INSURER E: V 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 CONTRACTOR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR I TYPE OF INSURANCE POLICY NUMBER pA M F DATE MMRt LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ®OCCUR CGO-001329-01 01/01/00 04/01/01 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $5Q, 000 MED EXP Wy ale person) S PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE 32,000,000 GEHL AGGREGATE LIMIT APPLIES PER: POLICY Fil jECT LOC PRODUCTS - COMPIOPAGG $1,000,000 D AUTOMOBILE LABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS 1000002121 04/01/00 04/01/01 COMBINED SINGLE LIMIT (Eae dent) $1,000,000 X BODILY INJURY (Per Pelson) $ BODILY INJURY (Per aeddenq $ X X PROPERTY DAMAGE (Per ecddenl) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S S B EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ CE9000043 01/01/00 04/01/01 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 S I R SO $ S C WORKERS COMPENSATION AND EMPLOYERS'LUIBILITY WC6521952 09/15/00 09/15/01 _ X TORY LBATTS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATN) NSILOCATIONSNEWCLESIEXCLLtMONS ADDED EN RSEMENTB ULL PEC PROVISIONS /O Re: Bayside Drive Storm Drain Improvem nt - Contract No: 31 These (� policies shall be primary and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City,its officers, officials, employees or volunteers shall be excess of these poicies & shall not contribute with it. UQM II, 1M^I G" I 1 City of Newport Beach public Works Department Attn: Fong Tae 3300 Newport Boulevard Newport Beach, CA 92663 NEWPORT I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITTEN TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL POSE NO OBLIGATION G/MVBILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 253 (7197) ENDORSEMENT #3 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 111100 at 12:01 A.M. Standard time, forms a part of Policy Number CGO 0001329.01 issued to GCI Construction, Inc. by Caliber One Indemnity Company. This endorsement modifies insurance provided for under the following: Commercial General Liability Coverage Form (Occurrence) PARENTAL GUARANTY ENDORSEMENT It is agreed that PMA Reinsurance Corporation guarantees the performance of Caliber One Indemnity Company's obligations under this policy. PMA Reinsurance Corporation 1735 Market Street, Suite 2800 Philadelphia, PA 19103 Authorized Representative _ ndumnity Conw ..; CUM (01188) Page 1 of 1 POLICY NUMBER: CGO 001 #01 C &ERCIAL. GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organtzatton: City of Newport Beach, its officers, officials, employees and volunteers, for boidly injury and property damage arising out of the activities performed by or on behalf of Contractor under Contract No.3198. (If no entry appears above, information required to complete this endorsementwill be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This policy 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 this insurance and shall not contribute with it. CG 20 10 1185 Copyright Insurance Services OfRee, Inc., 1964 Page 1 of 1 O ENDORSEMENT #5 n L� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective- 111100 at 12:01 A.M. Standard time, forms a part of Policy Number CGO 0001329.01 issued to GCI Construction, Inc. by Caliber One Indemnity Company. This endorsement modifies insurance provided for under the following: Commercial General Liability Coverage Form (Occurrence) ADDITIONAL INSURED - BLANKET FORM WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown in the Schedule as an insured but only with respectto liability arising out of "bodily injury' or "property damage ". SCHEDULE All certificates of insurance holders you have agreed to include as an insured prior to an °occurrence" or offense. Name of Person or Organization: As required by written contract. Authorized Representative - Corrwany COLE01 (01 -98) Page 1 i ENDORSEMENT H • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective - 111100 at 12:01 A.M. Standard time, fors a part of Policy Number CGO 0001329.01 issued to GCI Construction., Inc. by Caliber One Indemnity Company. This endorsement modifies insurance provided for under the following: Commercial General Liability Coverage Form (Occurrence) WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work* done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. Name of Person or Organization: As required by written contract Authorized Representative nde_lty COI.E64 (01/98) Page 1 of 1 CCI CONSTRUCTION, INC. i w Policy No: WC6521952 WORIERS COMPENSATION AND BMPLOYM UABI W INSURANCE POLICY = WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS EM CIORSEMENT- . CALIFORNIA We have the rlgnt to moover our payments from anyone liable for an Injury covered by this 3 otcy. We will not enforce our right against the person or organization named In the Schedule. UhIS egreemant apl4":t only to the extent that you perform work under a wrtttart contract that requires you to obtain this agreement fromtu i.; You must maintain payroll records accurately segregating the remuneration of your emplclails while engaged in the work described in the Schedule. The additional premlumlor this endorsement shall be 5 St, of the California works-t' compensation premium otherwise due on such remuneration. PERSON OR ORGANIZATION City of Newport Beach, its officers, officials, employees and volunteers 1 SCHEDULE JOB 10I3CP IPTiON Contract No: 3198 Bayside Drive Storm Drain Improvement OCT -06 -00 FRI 09:07 AM FAX NO. P. 01 /10 KCAL- SURANCE California Insurance License 0256292 --------------------........----- .......--------........----.-.. COMMERCIAL DEPARTMENT FAX COVER SHEET ............................... ............................... DATE: 10/612000 TIME: 8:54 AM TOTAL NO. OF PAGES INCLUDING COVER ('10) TO FROM ---- -•--------------- --..........--- FAX NO.: (949)644.3318 FAX NO.: (714)9391654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6828 EMAIL: cjames @caisumnce.com ................................. .... .. .. ....................... RE: Certificate of insurance — GCI Construction, Inc. Dear Shauna: Enclosed is the checked certificate of Insurance for GCI Construction, Inc. Please refer to the bottom of the checklist for requirements that are not met. Should you have any questions with regards to this request, feelf Me to give me a call. Thank you. Celia 333 City Boulevard West, Orange, CA 92868 • P.O. Dolt 7048, Orange, CA 92863-7048. 714 - 939 -0800 • 714 - 939 -1654 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -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 and shall perform all work required to complete Contract No. 3198 in accordance 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 Bid Items No 1 & No 2 oertain to Plan Nos. D- 5244 -S and D- 5247 -S. 1. L.S. Mobilization Dollars and od Cents $ Per Lump Sum 2. L.S. Traffic Control @ "T hy-e :Vm(L � Dollars and 0 a Cents $ Per Lump Sum 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Bid Items No 3 through No 15 pertain to work shown on Plan No. D- 5244 -S. 3. 4 Each Construct Grate Inlet, W = 6.40' @ Dollars and q Cents $ 14.TQ 0o $1,OOC - 00 Per Each 4. 1 Each Construct Grate Inlet, W = 23.64' @A-jey T6vd& 4ollars and KC Cents Per Each 5. 1 Each Construct Junction Structure @S-9&&ydrj j�° �(/i1CIY� Dollars and ((d Cents Per Each 6. 170 L.F. Install 18" RCP Storm Drain (2000D) C %I almdr6d ♦��, Dollars and _$ Per Linear .. 7. 2 Each Construct Pipe Collar @ Dollars and R9 Cents $ 4'30()•30 $ Per Each 8. L.S. Install Grate Inlet T p : Fossil Model 2436 @ Sars and ka Cents Per Lump Sum w // ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 120 L.F. Reconstruct Curb & Gutter (Drive Approach) @ =ILL-,k4l S IL Dollars and AZ Cents $,�&'o_ $ 20. _ Per Linear Foot 10. 2 Each Remove and Re- install Existing Interfering Water Service @ -gip tndi(�Q Dollars and (� Cents $1,3Q8.aj $�Z(OW.00 Per Each 11. 360 S.F. Reconstruct PCC Drive Approach @ Dollars and 110 Cents $ -7.00 $2�SZp• °° Per Square Foot 12. L.S. Restore Existing Private Improvements Damaged by the Work @I �xtJtt CY IGLU Dollars and Cents $ Per Lump Sum 13. L.S. Cradle Between Gas Main and New Grate Inlet yL}r�y Dollars and �g Cents $ l Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. L.S. Trench Shoring @ Dollars and Cents Per Lump Sum 15. 1 Each Adjust Water Valve Cover to New Finished Grade Dollars • Cents $ it' Per Each Bid Items No 16 through 31 pertain to work shown on Plan No. D- 5247 -S. 16. 20,325 S.F. Grind Existing AC (Min. 2" deep) @ no Dollars and Cents $ el% $ 800 Per Square Foot 17. 342 Ton Construct AC Overlay @ Dollars and R9 Cents Per Ton 18. 190 S.F. Reconstruct PCC Drive Approach $ P51-00 $ 1-7 00 @ Ten Dollars and ap (lg Cents $ t0 °o $ 1iQ00• Per Square Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 1 Each Modify Existing Catch Basin @ r;(CQVI �(�19Us2wid Dollars and (� Cents $ 8)0i $ E3 Oe Per Each 20. 2 Each Modify Existing Catch Basin Bottom @ Dollars and (lg Cents $ I1 G0 $ ryy� 0c) Per Each 21. 30 L.F. Reconstruct Curb & Gutter @ Tu Dollars and (� Cents $,Z7 .do $ S10.00 Per Linear Foot 22. 50 L.F. Install 24" RCP Storm Drain (2000D) Dollars and (gyp Cents $ 2-4Z°3 $!Z+ 100.00 Per Linear Foot 23. 37 L.F. Install 18" RCP Storm Drain (2000D) @A0A! ive-.1 Dollars and (L Cents $ Per Linear Foot 24. 1 Each Construct Catch Basin W = 28' @124"L VegJq ollars and ad Cents Per Each ."'1.1 ., : 111• 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 25. L.S. Temporary Traffic Pavement, Striping & Markings @ oe4o) "dr4d Dollars and /lq Cents Per Lump Sum 26. L.S. Install Catch Basin Type Fossil Filters Model"21and CI �o*2-8- b Ilars and nQ Cents Per Lump Sum 27. 6 Each Adjust Manhole to New Finished Grade �/ " Mug.. @-r} (a Dollars and NO Cents $ 0O° $ 2i0q6•p° Per Each 28. 4 Each Adjust Water Valve to New Finished Grade @-�ir,�tlMo�Y�- t'1111�c1.0 Dollars and _ no Cents $ Z?Z°d $ 9A,o6 Per Each 29. 1 Each Adjust Monument Cover to New Finished Grade @�—tLW 14Wr4pd jQabh Dollars and (lo Cents Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 30. L.S. Trench Shoring @T5m—*wSa*Y Dollars and (La Cents Per Lump Sum 31. 1 Each Remove Existing Fire Hydrant and Install New Fire Hydrant $2�a @-rLr444SJZdkkhjred Dollars and Ad Cents $ 3 9" $ 3— 100 0 Per Each TOTAL PRICE IN WRITTEN WORDS T, min rTix° VI, _ Oc1S Dollars and \ Cents $ 2Z , (O Z%. � Total Price (Figures) Ququs+ -10 2= 4,tl DAte J Bidder -233 Bidde's Telephone Number - 755. 0 &MS Bidder's License No(s). & Classification(s) 5 �;3dtQr4Lrr . $3 Qa�{a/1Zosa Bidder's Address �uP P TABLE OF CONTENTS SPECIAL PROVISIONS INTRODUCTION PART 1 GENERAL PROVISIONS 1 SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.2 Survey Service 1 SECTION 3 CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 3 -3.2.3 Markup (a) Work by Contractor (b) Work by Subcontractor SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 3 5 -7 ADJUSTMENTS TO GRADE 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6 -7 TIME OF COMPLETION 3 L 0 6 -7.1 General 3 6 -7.2 Working Day 3 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7-8 PROJECT SITE MAINTENANCE 5 7-8.5 Temporary Light, Power and Water 5 7-8.6 Water Pollution Control 5 7-8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours and Barricades 6 7 -10.4 Public Safety 6 7- 10.4 -1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.6 Street Sweeping Signs 6 7 -10.7 Notices to Residents 7 7 -15 CONTRACTOR'S LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9-3.1 General PART 2 CONSTRUCTION MATERIALS 12 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS_ 12 201 -1 PORTLAND CEMENT CONCRETE 12 201 -1.1 Requirements. 201 -1.1.1 General 12 SECTION 203 BITUMINOUS MATERIALS 12 2034 PAVING ASPHALT 12 203 -1.1 General 12 SECTION 215 14 FILTERS 12 215 -1 GENERAL 12 PART 3 14 CONSTRUCTION METHODS 13 SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 (a) Bituminous Pavement (b) Concrete Curb and Gutters and Driveways 13 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.4 Tack Coat 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS AND GUTTERS AND DRIVEWAYS 14 303 -5.4 Joints 14 303 -5.4.1 General 14 303 -5.5 Finishing 14 303 -5.5.1 General 14 303 -5.5.2 Curb 14 303 -5.5.4 Gutter 14 SECTION 313 FILTERS 14 313 -1 INSTALLATION 14 u 0 SP1 of 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans "D- 5244 -S and D- 5247 -S "; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including Supplements; (5) the 1996 edition of the Work Area Traffic Control Handbook (WATCH); (6) California Coastal Development Permit No. 5 -99 -452; and (7) the attached Los Angeles county Flood Control District Standard Plans. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc.,. 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: 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 consists of removal and construction of curb and gutter, driveways, cold plane, construction of asphalt concrete overlay, catch basins, and grate inlets, adjustment of manhole and valves to grade, signing and striping, and other incidental items not mentioned that are required by the Plans and Specifications." 2-9 SURVEYING 2.9.1 Survey Service. Add to this section, `The Engineer will provide construction staking as required to construct improvements. Any additional stakes, restaking, or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the Engineer in writing at least two working days in advance of the time that the stakes are needed." SECTION 3--- CHANGES IN WORK 3-3 EXTRA WORK. 3-3.2 Payment. 41 SP2 of 14 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractors 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. This Section only applies to work in excess of the estimated quantities shown in the Proposal." . SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP. 4 -1.3 Inspection Requirements. 4 -1.3.4 Inspection and Testing. 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 fumish 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 0 the Engineer, deficient work, Contractor. SECTION 5--- UTILITIES 0 SP3 of 14 additional tests and /or retesting are required due to such tests and inspections shall be paid for by the 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finished grade City-owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, Orange County Sanitation District, The Gas Company, Pacific Bell, cable television, and other private facilities to the finished grade with their respective owner. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section "No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. The schedule may be of bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to reschedule to conform to the requirements of the Contract. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be used as the basis for payment of extra work because additional men and equipment were required on the job. All existing PCC driveways removed by the work shall be reconstructed and be either cured sufficiently for private vehicles to access the garages by the end of the same day or access to the garages be provided through steel plates." 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section "Excluding pipe delivery, the Contractor shall complete all contract work within thirty (30) consecutive working days from the date of the "Notice to Proceed ". All work shall be completed by December 1, 2000. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work." 6 -7.2 Working Day. Revise 3) to read "any City holiday, defined as January 1 st, the third Monday in February (President's Day), the last Monday in 0 SP4 of 14 May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 17"' through December 24th (Newport Beach Parade), and December 25th (Christmas). If a holiday falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and 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. Saturday, he must first obtain special permission from the Engineer. A request for working during any of these 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 of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read "For each consecutive calendar day after the thirty (30) consecutive working days specified for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the.failure.of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to complete the work prior to the rainy season and minimize inconvenience to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section "This project is adjacent to the construction of a new residence at 2323 Bayside Drive. The Contractor for 2323 Bayside Drive is WMC Development. WMC's telephone number is (949) 723 -9100, the City Contractor shall coordinate with WMC Development to minimize conflicts during the work." Due to the City Fernleaf Avenue Slope Repair Project at Bayside Drive from May' 2000 to October' 2000, the Contractor shall contact the slope repair contractor, Metro Builders & Engineers Group, Ltd., at telephone number (949) 7-8 7 -10 0 0 SP5 of 14 515 -4350, to ascertain that both this and the slope repair project are coordinated to avoid work area conflicts. The Contractor shall start and complete all work associated with D- 5244 -S within fifteen (15) days from notice to proceed. PROJECT SITE MAINTENANCE. 7-8.5 Temporary Light, Power and Water. Add to this section "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the 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 due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay, and as required by the attached Coastal Development Permit ". 7-8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition, the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain the plates from and return the plates to the City's Utilities Yard at 949 West. 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this Section "The Contractor shall provide traffic control and access in accordance with the Standard Specifications and the (WATCH). Additionally, he shall: 1. Not close any traffic lane before 8:30 AM or after 4:30 PM. 2. Maintain at least one traffic lane at all times. 3. Use flagpersons to direct traffic within the construction zone. 4. Coordinate with the Contractor(s) for the private residence at 2323 Bayside Drive. 5. Maintain access for emergency vehicles and personnel at all times." 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 in streets, roads, or sidewalk areas." • 0 SP6 of 14 7 -10.3 Street Closures, Detours and Barricades. Add to this section "The Contractor shall submit to City a traffic control plan prepared by a California Registered Traffic or Civil Engineer. The Contractor shall be responsible for processing and obtaining approval of said plan from the City. The Contractor shall adhere to the conditions of the traffic control plan." 7 -10.4 Public Safety. 7- 10.4 -1 Safety Orders. Add to this section "The Contractor shall be solely and completely responsible for conditions of the job -site, including the safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct 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." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty - eight (48) 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 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 Street Sweeping Signs. After posting "NO PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. Immediately after construction is complete, the Contractor shall uncover the street sweeping signs. • SP7 of 14 7 -10.7 Notices to Residents. Forty-eight (48) hours before the start of any construction, the Contractor shall distribute to adjacent residents, within 500 feet of the project, a written notice stating when construction operations will start, when construction will be complete and what disruptions may occur. 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, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of award and until the completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until the completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, 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 up-to -date and so certified by the Engineer at the time each progress invoice is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9-3 PAYMENT. 9-3.1 General. Revise paragraph two (2) to read "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment, and doing all the work to complete the work in place 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: . SP8 of 14 Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work. Item No. 2 Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, traffic control plans, signs, delineators, traffic cones, barricades, arrowboards, flagpersons, steel plates, and all other work necessary to comply with the WATCH and the City of Newport Beach requirements. This item shall also include the delivery of all required notices, posting of signs, and all other costs incurred in notifying the nearby residents. Item No. 3 Construct Grate Inlet, W = 6.40': Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, provide and install bicycle -proof grate cover, excavation, trenching, shoring, removals, disposal, backfill, compaction, pipe connections, and other items of work as required to complete the work in place. Item No. 4 Construct Grate Inlet, W = 23.64': Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, provide and install bicycle -proof grate cover, excavation, trenching, shoring, removals, disposal, backfill, compaction, pipe connections, and other items of work as required to complete the work in place. Item No. 5 Remove Existing and Construct New Junction Structure: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, trenching, removals, disposal, backfill, compaction, pipe connections, and other items of work as required to complete the work in place. Item No. 6 Install 18" RCP Storm Drain: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, removals, disposal, trenching, pipe installation, pipe connections, bedding, backfill, compaction, and other items of work as required to complete the work in place. Item No. 7 Construct Pipe Collar: Work under this item shall include the cost of all labor, equipment, and materials, required to construct and complete the work in place as shown on the plans. Item No. 8 Install Grate Inlet Type Fossil Filters: Work under this item shall include the cost of all labor, equipment and materials to furnish and install the grate inlet type fossil filters in accordance with the manufacturer's instructions and with approved fasteners. SP9 of 14 Item No. 9 Reconstruct Curb & Gutter: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, removals, disposal, temporary driveway access ramping, 12" deep lift A.C., and other items as required to complete the work in place. In the event that the existing curb and gutter scheduled for reconstruction is of special design, color, appearance, etc., the new curb and gutter shall match the finish of the existing improvements. The Contractor is advised to keep photographic records of any non - standard improvements designated for reconstruction for future reference. Item No. 10 Re -route existing Interfering Water Service: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, water connections, adjust the existing water meter, box, and cover to finished grade, chisel curb face of lateral location, and other items as required to complete the work in place. Item No. 11 Reconstruct PCC Drive Approach: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, removals, disposal, temporary -driveway access ramping, and other items as required to complete the work in place. In the event that the existing drive approach scheduled for reconstruction is of special design, color, appearance, etc., the new drive approach shall match the finish of the existing improvements. The Contractor is advised to keep photographic records of any non- standard improvements designated for reconstruction for future reference. Item No. 12 Restore existing Private Improvements Damaged by the Work: Work under this item shall include all work necessary to repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the Work which are not designated for removal, to their condition prior to the work. Such restoration work may include, but not limited to, turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, walls, brick and brick pavers, concrete, painting of various surfaces, ornaments and other decorative items, property comer survey markings, etc. Payment for this item shall be made impacted improvements have been respective owners. only after all damaged or otherwise restored to the satisfaction of their Item No. 13 Cradle Between Gas Main and New Grate Inlet: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, removals, disposal, reinforcing, concrete protection of SP10 of 14 utilities, backfill and re- compaction, and other items as required to complete the work in place. Item No. 14 Trench Shoring: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, trench shielding and /or jacks, structural calculations, "I" Beams and /or lagging, and other items as required to complete the work in place. Item No. 15 Adjust Water Valve Cover to New Finished Grade: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, adjust the existing box and cover to finished grade, and other items as required to complete the work in place. Item No. 16 Grind Existing AC: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, excavation, removals, disposal, and other items as required to complete the work in place. Item No. 17 Construct AC Overlay Section: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, excavation, removals, disposal, tack coat, compaction, and other items as required to complete the work in place. Item No. 18 Reconstruct PCC Drive Approach: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, removals, disposal, temporary driveway access ramping, and other items as required to complete the work in place. In the event that the existing drive approach scheduled for reconstruction is of special design, color, appearance, etc., the new drive approach shall match the finish of the existing improvements. The Contractor is advised to keep photographic records of any non - standard improvements designated for reconstruction for future reference. Item No. 19 & 20 Modify Existing Catch Basin: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, trenching, shoring, removals including the local depressions, disposal, backfill, compaction, pipe connections, and other items of work as required to complete the work in place. Item No. 21 Reconstruct Curb & Gutter: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, removals, disposal, and other items as required to complete the work in place. 0 SP11 of 14 Item No. 22 Install 24" RCP Storm Drain: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, removals, disposal, trenching, pipe installation, pipe connections, pipe collar, bedding, backfill, compaction, and other items of work as required to complete the work in place. Item No. 23 Install 18" RCP Storm Drain: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, removals, disposal, trenching, shoring, pipe installation, pipe connections, bedding, pipe collar, backfill, compaction, and other items of work as required to complete the work in place. Item No. 24 Construct Catch Basin, W = 28': Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, trenching, shoring, removals, disposal, backfill, compaction, pipe connections, local depressions, sidewalks, and other items of work as required to complete the work in place. Item No. 25 Temporary Traffic Pavement Striping and Markings: Work under this item shall include the cost of all labor, equipment and materials required to install temporary pavement striping, markers, and -markings as required to maintain vehicle traffic in a safe manner. Item No. 26 Install Catch Basin Type Fossil Filters: Work under this item shall include the cost of all labor, equipment and materials to furnish and install the catch basin type fossil filter in accordance with the manufacturer's instructions and with approved fasteners. Item No. 27 Adjust Manhole to New Finished Grade: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, adjust the existing ring and cover to finished grade, and other items as required to complete the work in place. Item No. 28 Adjust Water Valve Cover to New Finished Grade: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, adjust the existing box and cover to finished grade,and other items as required to complete the work in place. Item No. 29 Adjust Monument Cover to New Finished Grade: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, adjust the existing box and cover to finished grade, and other items as required to complete the work in place. Item No. 30 Trench Shoring: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, trench 0 SP12 of 14 shielding and /or jacks, structural calculations, "I" Beams and /or lagging, and other items as required to complete the work in place. Item No. 31 Remove Existing Fire Hydrant and Install New Fire Hydrant: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, removals, disposal, trenching, pipe installation, pipe connections, bedding, backfill, compaction, and other items of work as required to complete the work in place. PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements. 201 -1.1.1 General. Add to this Section, "All Portland Cement concrete used on the work shall be 560 -C -3250 with quick cure admixture that will develop a minimum of 2,000 psi of compressive strength to support vehicle traffic within five (5) hours of placement. Sodium Chloride shall not be used as an admixture." 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 I11- C3 -AR- 4000." SECTION 215 - -- FILTERS 215 -1 GENERAL. Filters shall be manufactured by Kri Star Enterprises, Inc., telephone (800) 579 -8819. Model shall be per plan. Insert widths shall match the curb opening widths of catch basins or opening of grate inlets: Screens, braces and fasteners shall be fabricated from Type 304 stainless steel. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING. 300 -1.3 Removal and Disposal of Materials. SP13 of 14 300 -1.3.1 General. Add to this section, "The Contractor shall not dispose of any interfering private improvements within the work limits. All existing private improvements removed or damaged by the Contractor to facilitate the work shall be rebuilt to their condition prior to the work. In case of errant disposal of existing private improvements, the Contractor shall furnish all replacement materials and labor at his own costs to restore the affected improvements. Removed pavement and unsalvageable material shall become the property of the Contractor and be disposed of at the Contractors expense in a manner and at a location outside of the California Coastal Zone that is acceptable to the agencies. All removal ad 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. Unless otherwise specified elsewhere in this contract, non - reinforced concrete and asphalt wastes generated from the job sites shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. 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, "Sawcutting of edges to be joined with existing A.C. pavement is required." f • SP14 of 14 (b) Concrete Curb and Gutters and Driveways. Replace the first sentence of this section, "Sawcuts shall be neatly made to a minimum of 2 inches and replace the words 1 'Yz 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 the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one -tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 --- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS AND GUTTERS AND DRIVEWAYS. 303 -5.4 Joints. 303 -5.4.1 General. All sawcuts shall be made to a depth of 2 inches. 303 -5.5 Finishing. 303 -5.5.1 General. Add to this section "The Contractor. shall patch back A.C. and PCC at locations shown on the Plans." 303 -5.5.2 Curb. Add to this section 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. 303 -5.5.4 Gutter. Add to this section "The Contractor shall hold the flow line tolerances to within 0.01 foot of the elevations shown on the Plans." SECTION 313 — FILTERS 313 -1 INSTALLATION. In addition to the manufacturer's installation instructions, all Fossil Filters shall be secured to catch basin and grate inlet walls at 12" maximum on- centers spacing with Engineer approved 3/8" minimum diameter, Type 304 stainless steel fasteners. F:\Users\PBW\Shared \Contracts \FY 00-01\Bayside Drive Storm Drain Improvements C- 3796ASpecificafions.doc e -3ta8 September 12, 2000 CITY COUNCIL AGENDA TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS CONTRACT NO. 3198 RECOMMENDATIONS: SEP 12 7-1 1. Approve the plans and specifications. 2. Award Contract No. 3198 to GCI Construction, Inc., for the Total Bid Price of $224,627.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $22,000.00 to cover the cost of material testing and unforeseen work. DISCUSSION: During the 1997/98 rainstorms, the existing Bayside Drive storm drain system's capacity was exceeded. Bayside Drive and a number of homes northerly of County Road experienced flooding. This project provides for: • Enlarging the existing catch basins at Femleaf Avenue and Carnation Avenue • Installation of a new catch basin at Femleaf Avenue • Installation of drainage inlets at County Road and northerly of County Road • Resurfacing of roadway pavement from County Road to Femleaf Avenue Upon completion of this project, the higher capacity storm drain system will be connected to an existing 24 -inch reinforced concrete pipe for discharge through an existing County Road street end seawall opening. At 11 A.M on August 30th, 2000, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low GCI Construction, Inc. $224,627.00 2 4 -Con Engineering, Inc. $243,682.50 3 Southern Cal Underground Construction $246,986.00 " 4 Clark Contracting Corp $247,758.75 5 TM Engineering $257,495.00 6 Atlas- Allied, Inc. $263,573.75 0 0 Subject: Bayside Drive Storm Drain Improvements — Award of Contract No. 3198 September 12, 2000 Page: 2 BIDDER 7 David T. Wasden, Inc. 8 Tri Star Engineering, Inc. 9 Tiger Equipment Company, Inc. 10 Beador Construction Co., Inc. 11 Savala Construction Co., Inc. TOTAL BID AMOUNT $285,255.00 $287,298.25 $303,684.00 ** $318,000.00 $374,753.40 * Corrected Bid Amount is $246,986.25 ** Corrected Bid Amount is $308,155.75 The low total bid amount is 18 percent below the Engineers Estimate of $275,000.00. The low bidder, GCI Construction, possesses a General Engineering "A" contractor's license as required by the project specifications. GCI has satisfactorily completed similar improvement projects for the City. The project plans and specifications were prepared by DMc Engineering and the Public Works staff. Due to the narrow width of Bayside Drive at County Road, GCI Construction will need to close one -half of the roadway intermittently for work at this location. All construction work must be completed within 30 consecutive working days, and no later than December 1, 2000. There are sufficient funds available in the following account for the work: Account Description Account Number Amount Storm Drain Improvement Plan 7012- C5100008 $246,627.00 Respectfully PUBLIC WORKS DEPARTMENT Don Webb, Director By: Fon se, P.E. 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N NN LIM N N N NN NMm O 0 0 00 O O N m w � y1 N m � 3 m � o O M Y 17 � a E > > N N AA CPY OF NEWPORT BEA& g T E D 3300 Newport Boulevard - P.O. Boa 1768 O Newport Beach, CA 92658 -8915 DEC 15 1,199 (949) 644 -3311 GARY L. GRANVILLE, Clerk- DEPO�Tta( NOTICE OF DETERMINATION av — To: ❑X Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange X ❑ Public Services Division 12 Civic Center Plaza Santa Ana, CA 92702 From: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 Orange County Date received for filing at OPR/County Clerk: Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Name of Project: Bayside Drive Storm Drain Improvement Project State Clearinghouse Number: City Contact Person: Telephone No.: 99111039 William Pataooff 949 / 644 -3311 Project Location: Bayside Drive from 2307 Bayside Drive to County Road Project Description: This project installs of 160 feet of 18 -inch RCP, a reinforced concrete junction structure, and five (S) catch basins with grates and connects these improvements to an existing 24 "RCP for drainage through a new bulkhead opening next to the County Road street end.. This is to advise that the City of Newport Beach has approved the above described project on December 13. 1999 and has made the following determinations regarding the above described project: 1. The City is Lead Agency for the project. 2. The project will not have a significant effect on the environment. 3. An Environmental Impact Report was not prepared for this project pursuant to the provisions of CEQA. 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 5. Mitigation measures were not made a condition of the approval of the project. 6. A Statement of Overriding Considerations was not adopted for this project. 7. Findings were made pursuant to the provisions of CEQA. The final Negative Declaration and record of project approval is available for review at the Public Works Department of the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915; 949/644 -3311. illiam Patap ff, Engineer Date • • C -319 December 13, 1999 BY i ,c, iL�1CIL AGENDA CI,Y OF � - T N 5 TO: Mayor and Members of the City Council t DEC 13; FROM: Public Works Department R- A"RGVEr SUBJECT: APPROVAL OF NEGATIVE DECLARATION FOR BA`(SIDE DRIVE STORM DRAIN IMPROVEMENT PROJECT — CONTRACT NO. 3198 RECOMMENDATION: Approve the Negative Declaration for the Bayside Drive Storm Drain Improvements. DISCUSSION: The City's Capital Improvement Program includes the Storm Drain Improvements Program. This program consists of the following: • Install approximately 160 feet of 18 -inch reinforced concrete storm drainpipe in Bayside Drive from 2307 Bayside Drive to County Road. • Install 5 catch basins with grates and a junction structure within the project limits on Bayside Drive to intercept and direct future stormwater into the new storm drain system. • Connect these improvements to an existing 24 -inch reinforced concrete pipe located in a drainage easement within the private property at 2323 Bayside Drive. • Construct a new bulkhead opening next to the County Road street end for stormwater discharge. A Draft Initial Study (D.I.S.) for this project was prepared by staff pursuant to the California Environmental Quality Act. The D.I.S. 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 November 8, 1999, and concluded on December 9, 1999. Some of the State agencies that received the D.I.S. for review 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 the project would not have a significant effect on the environment. A Coastal Development Permit is required for the work. City Council approval of the Negative Declaration is required before the Coastal Development Permit application can be processed. Staff recommends approval of the project's Negative Declaration. Respectful s d, PL BPORKS DEPARTMENT Don Webb,.Diwctor / By: 7 417 Fong X96, P.E. Associate Civil Engineer Attachment: Negative Declaration F:\Users\PBw\ Shared \COUNCIL1Fy99- 00\Deoember -13 \County Rd.doc CIRTY OF NEWPORT BECH 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 Fx-x-1 Public Services Division P.O. Box 238 Date received for filing at OPR/County Clerk: Santa Ana, CA 92702 Public review period: November 8, 1999 to December 9, 1999 Name of Project: Bayside Drive Storm Drain Improvement Project Project Location: Bayside Drive from 2307 Bayside Drive to County Road Project Description: This drainage project provides for the installation of approximately 160 feel of 18- inch reinforced concrete pipe, a reinforced concrete junction structure, and five (5) differently sized catch basins with grates and the connection of these improvements to an existing 14" reinforced concrete pipe for drainage through a new bulkhead opening next to the County Road street end. Flailing: 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 with the proposed mitigation measures implemented would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached. This document will be considered by the decision - makers) prior to final action on the proposed project. A.public hearing will be held to consider this project. The time and location of the public meeting is attached. 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. You are also invited to attend the public meeting and to testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned at (949) 644 -3311. Date I t 12-1 R9 William Patapo f, C' ngineer City of Newport B ublic Works Department 0 0 • CRY OF NEWPORT BEAR NOTICE OF COMPLETION and Environmental Document Form To: State Clearinghouse From: City Of Newport Beach 1400 Tenth St., Rm. 121 Public Works Department Sacramento, CA 95814 3300 Newport Boulevard Newport Beach, CA 92663 (Tel. No.: 916445 -0613) (Orange County) Contact Person: MT. Fong Tse, P.E. SCH # Tel No.: (949) 644 -3311 Project Location: Bayside Drive Cross Streets From 2307 Bayside Drive to County Road Total Acres 0.1 A.P.No.Not Applicable Section Not Applicable Twp. Not Applicable Range Not Applicable Base Not Applicable Within 2 Miles: State Hwy #. 1— PCH Waterways: NenRort_Harbor Airports: None Railways: None Schools :Harbor View Elementary Present Land Use/Zoning/General Plan Use: R -1. R -2, and R -3 Residential Project Description: Installation of 160 feet of 18 -inch reinforced concrete pipe, a reinforced concrete Junction structur five (5) differently sized catch basins with Prates, and the connection of these improvements to an existing reinforced concrete pipe for drainage through a new bulkhead opening next to the County Road street end. Document Type CEQA: NEPA OTHER O NOP ❑ SupplementtSubsequent ❑ NOT ❑ Joint Document ❑ Early Cons ❑ EIR (Prior SCE No.) ❑ EA ❑ Final Document ® Neg Dec ❑ Draft EIS ❑ Other ❑ Draa/EIR ❑ Other ❑ FONSI Local Action Type O General Plan Update ❑ Specific Plan ❑ Rezone O Annexation ❑ General Plan Amendment Cl Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element O Planned Unit Dev. ❑ Use Permit ® Coastal Permit ❑ Community Plan O Site Plan ❑ Land Division (Sub- ❑ Other. division Parcel Map, Tract map, ect.) Development Type ❑ Residential: Units Acres ❑ Water Facilities: Type MGD ❑ Office: Sq.ft Acres Employees_ ❑ Transportation: Type ❑ CommerciahSq.ft Acres Employees_ ❑ Mining: Mineral ❑ Industrial: Sq.ft Acres Employees_ ❑ Power. Type Watts ❑ Educational: ❑ Waste Treatment Type ❑ Recreational ❑ Hazardous Waste: Type ® Other. Storm drain improvements Project Issues Discussed in Document ❑ Aesthetic/Visual ❑ Flood PlainlFlooding ❑ Schoohouniversities ❑ Water Quality ❑ Agricultural Land ❑ Forest land/Firc hazard ❑ Septic Systems ❑ Water Supply/Groundwater ❑ Air Quality ❑ Geologic/Seismic ❑ Sewer Capacity ❑ WethwdfRiparian ❑ Archeologic/Historic ❑ Minerals ❑ Wildlife ❑ Soil Emsion/Compaction/Grading ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Growth Inducing ❑ Drainage/Absoption ❑ Population/Housing/Balance ❑ Toxieffluardous ❑ Land Use ❑ Economic/Jobs ❑ Public Service/Facilities ❑ TrafrrcfCirculation ❑ Cumulative Effects ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ® Other: None Applicable 0 CITY OF NEWPORT BEACH NOTICE OF INTENT TO ADOPT A 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 Initial Study has determined that the project, with the proposed mitigation measures implemented, will not have a significant effect on the environment. The City therefore intends to adopt a Negative Declaration, Proiect Name: Bayside Drive Storm Drain Improvement Project. Proiect Location: Bayside Drive from 2307 Bayside Drive to County Road. Project Proponent: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Public Review Period: November 8, 1999 through December 9, 1999 Proiect Description: The project provides for the installation of approximately 160 feet of 18 -inch reinforced concrete pipe, a reinforced concrete junction structure, and five (5) differently sized catch basins with grates and the connection of these improvements to an existing 24" reinforced concrete pipe for drainage through a new bulkead opening next to the County Road street end. These drainage improvements are needed to decrease the potential of flooding nearby homes and the Bayside Drive roadway during heavy rain storms. Opportunity for Public Review: Interested persons are invited to review the 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 Negative Declaration, and related documents are available for review at the following location: Newport Beach City Hall Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 0 0 gft If you wish to appeal the appropriateness or the adequacy of the Negative Declaration, your comments should be submitted in writing prior to the close of 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 you believe should be adopted to eliminate or reduce the impacts. The City Council is scheduled to consider approval of the project and the Negative Declaration at a public meeting on Monday, December 13, 1999 at 7:00 PM in the Newport Beach Council Chambers, 3300 Newport Boulevard, Newport Beach, California. If you have any questions or would like further information, please contact Mr. Fong Tse of the City of Newport Beach Public Works Department at (949) 644 -3311. Date of Publication: November 8, 1999 • CJ 0 0 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Bayside Drive Storm Drain Improvement Project 2. Lead Agency Name and Address: City of Newport Beach Public Works Department 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 (949) 644 -3311 (fax: 949 -644 -3308) 3. Contact Person and Phone Number: Mr. Fong Tse, (949) 644 -3311 4. Project Location: Bayside Drive from 2307 Bayside Drive to County Road S. Project Sponsor's Name and Address: City of Newport Beach, Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 6. General Plan Designation: Residential • 7. Zoning: R-1, R -2, and R -3 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 provides for the installation of approximately 160 feet of 18 -inch reinforced concrete pipe, a reinforced concrete junction structure, and five (5) differently sized catch basins with grates and the connection of these improvements to an existing 24" reinforced concrete pipe for drainage through a new bulkhead opening next to the County Road street end These drainage improvements are needed to decrease the potential of flooding nearby homes and the Bayside Drive roadway during heavy rainstorms. • CHECKUST Page 1 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Current Development: Fully improved 2 -lane roadway and drainage easement. To the north: R -1 land use with fully developed residential lots (with homes) To the east: R-1 land use with fully developed residential lots (with homes) To the south: R -2 and R -3 land use with fully developed residential lots (with homes) To the west: R-1 with fully developed residential lots (with homes) and Newport Harbor 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) California State Coastal Commission — Coastal Development Permit Regional Water Quality Control Board — Discharge Permit/Waiver 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 ❑ Biological Resources ❑ Mineral Resources ❑ Aesthetics ❑ Cultural Resources ❑ Geology and Soils ❑ Hazards/Hazardous Materials ❑ Agricultural Resources ❑ Hydrology and Water Quality ❑ Noise ❑ Recreation ❑ Air Quality ❑ Transportation/Circulation ❑ Public Services ❑ Utilities & Service Systems ❑ Mandatory Findings of Significance CHECKLIST Page 2 0 0 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. 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 "potentially significant impact" or "potentially significant unless mitigated" impact 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. 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, 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 or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. W,11 r William Patapoff. P.E. Printed Name 2 Date 0 J U .❑ CHBCKLW Page 3 9 0 11 Checklist Page 4 Laa "an Issues Potentially s il"al slgulticant With Less Than significant no Im act p Impact Ml igatloo Impact Incorporated 1. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state X scenic hi hwa ? c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would X adversely affect day or nighttime views in the area? 2. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pre - X pared pursuant to the Farmland Mapping and Monitoring Pro- gram of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a William- X son Act contract? c) Involve other changes in the existing environment which, due to X thew location or nature, could result in conversion of Farmland, to non-agricultural use? 3. AIR QUALITY — Where applicable, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality phn? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X 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 X (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentra- tions? X Checklist Page 4 11 0 Checklist Page 5 .o 9 0 Less Than Issues Potentially Significant significant with Las Than Significant No Im act P Impact Mitigation Impact Iawrporaw e) Create objectionable odors affecting a substantial number of X people? 4. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habi- tat modifications, on any species identified as a candidate, sensi- X tive, 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 X 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, X but not limited to, marsh, 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 X resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Confect with any local policies or ordinances protecting biologi- X cal resources, such as a tree preservation policy or ordinance? Q Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved X local regional, or state habitat conservation plan? 5. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of an X historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an X archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource X or site or unique geologic feature? d) Disturb any human remains, including those interred outside of X formal cemeteries? 6. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse ef- fects including the risk of loss iWuiy. or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by X the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Ge- ology Special Publication 42. Checklist Page 5 .o 9 0 • 0 Checklist Page 6 Len Than Issues potentially Slgalsam sipylaant with Less Than sienlfiaat No Impact p Impact Mitigation Impact Incorporated 2) Strong seismic ground shaking? X 3) Seismic - related ground failure, including liquefaction? X 4) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially X result in on- or off -site landslide, lateral spreading, subsidence, liquefaction orcollapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life X or e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers 7( are not available for the disposal of waste water? 7. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous X materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions X involving the release of hazardous materials into the environ- ment? c) Emit hazardous emissions or handle hazardous or acutely haz- ardous materials, substances, or waste within one - quarter mile X of an existine or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section X 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public X airport or public use airpod, would the project result in a safety hazard for people residing or workinIt 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 X in the project area? g) Impair implementation of or physically interfere with an adopted X emergency response plan or emergency evacuation plan? Checklist Page 6 0 Checklist Page 7 ,I' • C.� 0 Las Than Issues Potentially significant significaat Wt0 Lai Than sigolficant No Impact p Impact M ligatie. Impact Incarperated 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 X with wildlands? 8. HYDROLOGY AND WATER QUALITY — Would the ro'ect• a) Violate any water quality standards or waste discharge require - X ments? b) Substantially deplete groundwater supplies or interfere substan- tially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater X 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 ranted? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream X 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 the course of a stream or river, or substantially increase the rate or amount of surface X runoff in a manner which would result in flooding on- or off - site? e) Create or contribute runoff water which would exceed the capac- ity of existing or planned stormwater drainage systems or pro- vide substantial additional sources of polluted runoff! fJ Otherwise substantially degrade water quality? X 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? X h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death, involving flooding, including flooding as a result of the X failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X 9. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? X b) Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not lim- ited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitt. Rating an environmental effect? Checklist Page 7 ,I' • C.� 0 0 0 u • i Checklist Page 8 Lett Than Issues Potentially significant Significant with Las Than significant Na 1 act Impact Mitigation Impact Incorporated c) Conflict with any applicable habitat conservation plan or natural X community conservation plan? 10. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that X 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, X specific plan or other land use plan? 11. 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 ordi- X nance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome X vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the X project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the X project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public X 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 private airstrip, would the project expose people residing or working in the project area to j( excessive noise levels? 12. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indi- rectly (for example, through extension of roads or other infra- X structure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the con- struction of replacement housing elsewhere? X 13. PUBLIC SERVICES — a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered gov- ernmental facilities, need for new of physically altered govem- mental facilities, the construction of which could cause signifi- X cant environmental impacts, in order to maintain acceptable ser- vice ratios, response times or other performance objectives for any of the public services: Checklist Page 8 0 0 Checklist Page 9 rt 0 \_J • 1. 5 Than Issues poteuaally Siealacant sleamcaot with Leta Than SIpIrcant No Impact Mldptlon Impact Im act p Incorporated X I Fire protection? 2) Police protection? X 3) Schools? X 4) Parks? X 5) Other public facilities? X 14. 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 X be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might X have an adverse physical effect on the environment? 1S. TRANSPORTATIONlCIRCULATION — Would the ro ect• 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 X in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersec- tions)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an in- crease in traffic levels or a change in location that results in sub- stantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm ment )? X e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X 16. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the con- struction of which could cause significant environmental effects? Checklist Page 9 rt 0 \_J • LJ 9 0 9 18. EARLIER ANALYSES. 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 15063(cx3)(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. 0 Checklist Page 10 6 Lae Than Issues Potentially significant significant With Lae Than significant No Impact Mitigation Impact [.Pact P Incorporated c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of X which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capac- ity to serve the project's projected demand in addition to the X provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ac- commodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X 17. MANDATORY FINDINGS OF SIGNIFICANCE — a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- X sustaining levels, threaten to eliminate a plant or animal commu- nity, reduce the number or restrict the range of a rare or endan- gered plant or animal or eliminate important examples of the major periods of California history or prehistpry9 b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable X when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future ro'ects )? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? 18. EARLIER ANALYSES. 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 15063(cx3)(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. 0 Checklist Page 10 6 0 0 CITY OF NEWPORT BEACH . ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Bayside Drive Storm Drain Improvement Project Project Description This project provides for the installation of approximately 160 feet of 18 -inch reinforced concrete pipe, a reinforced concrete junction structure, and five (5) differently sized catch basins with grates and the connection of these improvements to an existing 24" reinforced concrete pipe for drainage through a new bulkhead opening next to the County Road street end. These drainage improvements are needed to decrease the potential of flooding nearby homes and the Bayside Drive roadway during heavy rainstorms. ANALYSIS The following provides the explanations and supporting analyses for the impact categories and questions contained in the previous Checklist, and identifies mitigation measures where applicable. L AESTHETICS Would the project : a) Have a substantial adverse effect on a scenic vista? No in act. This at -grade and below ground improvement project is located within a fully developed residential section of the City. Except for a view of Newport Harbor at the end of County Road, there are no other scenic resources within proximity of the project. The project consists of the construction of at -grade and underground drainage improvements and will not interfere with the existing view of Newport Harbor. No mitigation measures are necessary. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. The project is not located within a state scenic highway. No mitigation measures are necessary. c) Substantially degrade the existing visual character or quality of the site and its surroundings? CHECKLIST EXPLANATIONS. PAGE I 1� 0 No impact. The project consists of the construction of at -grade and underground drainage improvements and will not affect the existing visual character nor the quality of the site nor its surroundings. No mitigation measures are necessary. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. The project does not include any lighting work. The existing street lighting arrangement within the project limits will remain as -is. The project will not adversely impact the day or night time views in the area. No mitigation measures are necessary. 2 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? No Impact. No agricultural activities occur within the project vicinity. No mitigation measures are necessary. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is not zoned for agricultural use and there are no Williamson Act contracts within the project vicinity. No mitigation measures are necessary. c) Involve other changes in the edsting environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? No impacts. The project does not involve any work that could result in the conversion of farmland. No mitigation measures are necessary. 3. AIR QUALITY Would the project: a) Conflict with or obstruct implementation of the applicable air quality • plan? Less Than Significant impact. The project would result in emissions during CHECKUST EXPLANATIONS Page 2 1 14 0 0 construction (e.g. dust and construction equipment exhaust). No emissions would be generated after construction is completed. It is anticipated that construction equipment will be limited to a backhoe/loader, a dump truck, a flatbed truck, a concrete mixer, and other portable equipment during various phases of the work. A street sweeper will be at the project site throughout the work duration. This combination of equipment is estimated to generate substantially less than the significance thresholds identified in the South Coast Air Quality Management District's 1993 CEQA Air Quality Handbook, Table A9 -8E. Consequently, the project would not conflict with or obstruct implementation of the air quality plan. Standard contract specifications require all construction equipment to be maintained in proper working order, which would minimize emissions. No additional mitigation is necessary. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. See Section 3.a above. 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)? Less Than Significant Impact. See Section 3.a above. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. See Section 3.a above. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. Diesel- powered equipment used for construction could cause odors and emissions that may be offensive to sensitive receptors. However, the construction work is located in an area with constant sea breezes and the odors should not cause any problems for the nearby residents. Consequently, the project would not generate objectionable odors during the work. The completed improvements will not generate any odors. The issue of odor generation is expected to be less than significant. No mitigation measures are necessary. 4. BIOLOGICAL RESOURCES Would theproject. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or CHECKLIST EXPLANATIONS Page 3 0 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? Less Than Significant Impact. Although urban runoff contains contaminants such as oil, heavy metals, pesticides, etc., the construction of the new storm drain and outlet would not have a substantial effect on water quality in Newport Harbor. The runoff that will be discharged by the proposed drainage improvements currently flows into the harbor through other existing storm drain discharge locations in the area. No mitigation measures are necessary. 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? Less Than Significant Impact. See Section 4.a above. 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, marsh,, vernal pool, coastal, etr-) through direct remova4 filling, 0 hydrological interruption, or other means? C� Less Than Significant Impact. See Section 4.a above. 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 impede the use of native wildlife nursery sites? Less Than Significant Impact. See Section 4.a above. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. See Section 4.a above. fJ Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regiona4 or state habitat conservation plan? No Impact. The project site is not included in any Habitat Conservation Plan nor NCCP area. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 4 • • 5. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in §15064.57 No Impact. There are no historic resources at the project site. No mitigation measures are necessary. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.57 No Impact. There are no archaeological resources at the project site. No mitigation measures are necessary. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Imp act. There are no paleontological resources at the project site. No mitigation measures are necessary. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. There are no known human remains at the project site. No mitigation measures are necessary. 6. GEOLOGYAND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving. 1) Rupture of a known earthquake fault, as delineated on the most recent Alquat 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 No Impact. There are no known earthquake faults or Alquist -Priolo . zones within the project vicinity. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 5 .,A 0 L J n LEI E 2) Strong seismic ground shaking? No Imp act. Although there are no known earthquake faults within the project vicinity, the area is subject to strong seismic ground shaking, as is the case with all of Southern California. Since the proposed improvements are intended for the conveyance of surface runoff, seismic ground shaking will not pose serious hazards to the public. No mitigation measures are necessary. 3) Seismic- related ground failure, including liquefaction? No Impact. See Section 5.a.2 above. 4) Landslides? No Impact. The project location is nearly flat and no significant risk of landslide is present. No mitigation measures are necessary. b) Result in substantial soil erosion or the loss of topsoil? No Impact. The project area is completely urbanized and is located entirely within existing street right -of -way and a drainage easement. No soil erosion or loss of topsoil would occur during or after the construction operations. No mitigation measures are necessary. c) Be located on a geologic unit or soil that is unstable, or that mould become unstable as a result of theprojec4 and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No hnpact. The project involves the shallow installation of drainage pipes, catch basins, and a junction structure within a flat portion of the Bayside Drive right -of -way and a drainage easement. The potential of landslide, liquefaction, or other hazards that could be caused by this project is minimal. No mitigation measures are necessary. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to M e orpmperty? No Impact. Expansive soils are generally high in clay content. The native soil material as observed through the private work at 2323 Bayside Drive, which is located immediately adjacent to the proposed City project site, did not exhibit clayey characteristics. No mitigation measures are necessary. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? CHECKLIST EXPLANATIONS Page 6 No Impact. The project does not involve the use of septic tanks. All wastewater is presently conveyed off -site via connections to the sanitary sewer system. No mitigation measures are necessary. 7. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. No use, transport, or disposal of hazardous material is proposed for this project. No mitigation measures are necessary. b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. Gasoline- and diesel powered equipment would be used during construction. The standard construction contract provisions require the contractor to follow the site maintenance and cleanup procedures described in the Standard Specifications for Public Works Construction. No additional mitigation measures are necessary. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No Impact The project would not involve the handling or transport of acutely hazardous materials and would not result in hazardous emissions. The existing school facility closest to the project location is more than one- quarter mile away and no new school facility is proposed within the project vicinity. No mitigation measures are necessary . d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No impact The project is not located on a listed hazardous materials site. No mitigation measures are necessary. e) For a project located within an airport land use plan or, where such a plan has not been adopter!, within two miles of a public airport or public use ahpory would the project result in a safety hazard for people residing or working in the project area? • CHECKLIST EMANAMNS Page 7 . q. 0 No Impact. The project is not located within an existing or future airport land use plan area nor within two miles of an airport. No mitigation measures are necessary. J) 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? No Impact. The project is not located within the vicinity of a private airstrip. No mitigation measures are necessary. g) Impair implementation of orphysicalty interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant With Mitigation Incorporated. The project will not have any permanent effects on an emergency response or emergency evacuation plan. Due to temporary lane closure during construction, emergency evacuation routes could be affected. The following mitigation measure would reduce this impact to a level that is less than significant. Mitigation Measure 7 -1. Traffic Control Plan Prior to project advertisement for bids, the project specifications shall be prepared to contain traffic control requirements that the contractor must adhere to during the work. Such traffic control shall include provisions for continuous traffic access through the construction site by emergency equipment and personnel and the temporary installation of approved warning devices alerting the public of the construction work and lane closure. Prior to the start of construction, the contractor shall provide the City with a traffic control plan that has incorporated all of the project requirements. No work shall begin without a City approved traffic control plan. h) Expose people or structures to a significant risk of loss, injury or death involving wMand fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No act. The project is located in a fully developed urban residential area with no wildland interface. No mitigation measures are necessary. 8. HYDROLOGYAND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? CHECKLIST EXPLANATIONS Page 8 ,ti 0 0 Less Than Simificant Impact. The project provides for the discharge of • runoff into Newport Harbor. Such discharge would contain urban pollutants such as pesticides and oil. However, since the runoff to be conveyed by the proposed drainage improvements is currently entering the harbor at other discharge locations, no change in the type nor quantity of runoff into the harbor is expected. All construction activities will be subject to the National Pollutant Discharge Elimination System (NPDES) Best Management Practices, which require measures be taken to minimize runoff of contaminants and siltation. No additional mitigation measures are CLL'Tzr�r�d b) Substantially deplete groundwater 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 level (eg., the production rate ofpre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? No Impact The project would not have any effect on groundwater supplies nor recharge. No mitigation measures are necessary. 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? Less Than Significant Impact. The proposed improvements will intercept and divert future rainstorm runoff on Bayside Drive so as to decrease the potential of flooding nearby homes. The drainage pattern for the general area, however, will remain unchanged and no erosion nor siltation will result from the improvements. No mitigation measures are necessary. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the 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? Less Than Significant impact. The proposed improvements will intercept and divert future rainstorm runoff on Bayside Drive so as to decrease the potential of flooding nearby homes. The drainage pattern for the general area will remain unchanged. No mitigation measures are necessary. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources ofpolluted runoff`? • No imp . The project would not create any urban runoff. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 9 It 0 0 Otherwise substantially degrade water quality? No Impact. Since the project only changes the point of discharge for the existing urban runoff, the water quality in the area will not change. No mitigation measures are necessary. 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? No Impact. No housing is proposed for this project. No mitigation measures are necessary. h) Place within a 100 year flood hazard area structures which would impede or redirect flood flows? No Impact. Except for the construction of drainage improvements that will redirect urban runoff and decrease the potential of flooding nearby homes during heavy rainstorms, no other structures are proposed for this project. No mitigation measures are necessary. 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? No Impact. The proposed improvements will direct future urban runoff away from the nearby homes and residents. No mitigation measures are necessary. j) Inundation by seiche, (sunami, or mudflow? No Lmpact . The project site, typical of the California coastline, is located in a low -lying area that could be inundated in the event of seiche or tsunami. The proposed improvements would have no effect on these conditions. No mitigation measures are necessary. 9. LAND USE AND PLANNING Would the project. a) Physically divide an established community? No hngact. The project is located in a fully developed residential area of the City. The project would not physically divide the already established • community. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 10 ar • • b) Conflict with 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? No Impact. The project would not conflict with the existing General Plan land use designation or zoning. No mitigation measures are necessary. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The project would not conflict with habitat or natural community conservation plan. No mitigation measures are necessary. 10. 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? No Impact. The project is located in a fully developed residential area of the City and no mineral sources would be affected. No mitigation measures are necessary. b) Result in the loss of availability of a local(y-important mineral resource recovery site delineated on a local general plan, sped plan or other land use plan? No imp act There are no locally important mineral resource recovery areas located within the project limits. No mitigation measures are necessary. IL 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? Less Than Significant Impact. The project would not result in any long- term noise increase. As with all public works projects, a short-term noise increase around the project site would occur during construction. All construction equipment will comply with the noise limits imposed by the Standard Specifications for Public Works Construction and by the Newport a Beach Municipal Code. No additional mitigati on measures are necessary. CHECKLIST EXPLANATIONS Page 11 ?� 0 0 b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. The project could generate a moderate amount of ground vibration during the storm drain trench work. Such vibration is typical of public works projects. Since the amount of trench work is minimal, the ground vibration that could result from the work should not last more than a few day. No additional mitigation measures are necessary. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The project could not generate a permanent increase in ambient noise levels in the area. No mitigation measures are necessary. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The project could generate a moderate and temporary noise increase during construction. Such noise increase is typical of public works projects. All construction equipment will comply with the noise limits imposed by the Standard Specifications for Public Works Construction and by the Newport Beach Municipal Code. No additional mitigation measures are necessary. e) For a project located 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 expose people residing or working in the project area to excessive noise levels? No Impact. The project is not located within an airport land use plan nor within two miles of a public airport. No mitigation measures are necessary. ,n For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no private airstrips within the project vicinity. No mitigation measures are necessary. 12. POPULATIONAND HOUSING Would the project: a) Induce substantial population 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)? CHECKLIST EXPLANATIONS Page 12 zL 0 • No act. The project is located in a fully developed area of the City and is proposed for drainage improvements. No increase in population growth could result from this project. No mitigation measures are necessary. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The project is located in a fully developed area of the City and is proposed for drainage improvements. No decrease of existing housing could result from this project. No mitigation measures are necessary. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. The project is located in a fully developed area of the City and is proposed for drainage improvements. No displacement of existing residents could result from this project. No mitigation measures are necessary. 13. PUBLICSERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental 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. 1) Fire protection? No lmpact. The project would not adversely impact fire protection in the area. No mitigation measures are necessary. 2) Police protection? No impact The project would not adversely impact police protection in the area. No mitigation measures are necessary. 3) Schools? No Impact. The project would not affect student generation or school operations. No mitigation measures are necessary. 4) Parks? No Impact. The project would not affect parks or recreation. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 13 1c, 0 0 S) Other public facilities? No Impact. The project would not affect any other public facilities. No mitigation measures are necessary. 14. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of thefacility would occur or be accelerated? No Impact. The project would not increase the use of existing neighborhood or regional parks or other recreational facilities. No mitigation measures are necessary. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The project would not increase the use of parks or other recreational facilities. No mitigation measures are necessary. 15. TRANSPORTATION /CIRCULATION 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 (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact. Typical of all construction work, a short-term increase in traffic in the general area immediately adjacent to the work site is expected to occur during construction. The traffic increase will not be significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact. Except for the temporary traffic delays during construction, the improvements will not change the existing level of service in the area. No mitigation measures are necessary. 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? CHECxusT F.70'uwnnaNs Page 14 • • No Impact. The project will not change the current air traffic patterns in the area. No mitigation measures are necessary. d) Substantially increase hazards due to a design feature (eg., sharp curves or dangerous intersections) or incompatible uses (eg., farm equipment)? No impact. The proposed improvements will not change the geometrics of the existing roadway. No mitigation measures are necessary. e) Result in inadequate emergency access? Less Than Significant Impact. The project will not have any permanent effects on emergency access. Due to temporary lane closure during construction, emergency access routes could be affected. However, prior to project advertisement for bids, the project specifications shall be prepared to contain traffic control requirements that the contractor must adhere to during the work. Such traffic control shall include provisions for continuous traffic access through the construction site by emergency equipment and personnel and the temporary installation of approved warning devices alerting the public of the construction work and lane closure. Prior to the start of construction, the contractor shall provide the City with a traffic control plan that has incorporated all of the project requirements. No work shall begin without a City approved traffic control plan. The City emergency response personnel will be notified of the construction work and temporary lane closure prior to and during the work. J) Result in inadequate parking capacity? No Impact The project will not change the existing parking capacity in the area. No mitigation measures are necessary. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (eg., bus turnouts, bicycle racks)? No ImpacK The.project will not conflict with adopted policies, plans, or programs supporting alternative transportation. No mitigation measures are necessary. 16. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? CHECKLIST EXPLANATIONS Page 15 0 0 No Impact. The project would have no effect on wastewater flows or treatment requirements. No mitigation measures are necessary. 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? No hnp_act. The project would have no effect on wastewater flows or treatment requirements. No mitigation measures are necessary. 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? Less Than Significant Impact. Although the project proposed the construction of new drainage provisions, the completed work is an isolated stand -alone system that would not cause the construction of additional new or expanded drainage facilities. No mitigation measures are necessary. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. The project would not affect water supply or demands. No mitigation measures are necessary. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact The project would have no effect on wastewater flows or treatment requirements. No mitigation measures are necessary. Be served by a landfill with sufci'ent permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The project construction may result in the generation of excess earth material that would need to be transported off site. This would not be considered a significant impact due to its temporary nature and limited quantity. Removed native material that could not be reused on the project will be diposed of at a landfill. Removed asphalt material will be recycled by the contractor. No mitigation measures are necessary. g) Comply with federal, state, and local statutes and regulations related to solid waste? CHECKLIST EXPLANATIONS Page 16 • • No Impact. The project specifications require the contractor to dispose of . construction waste in accordance with the applicable statutes and regulations. No mitigation measures are necessary. 17. MANDATORYFINDINGSOFSIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildhfe species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact. The project has the potential to degrade the quality of the environment, but the measures recommended would reduce these potential impacts to a level that is less than significant. b) Does the project have impacts that 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)? . No Impact. The project does not have any impact that is individually limited, but cumulatively considerable. No mitigation measures are necessary. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact. The project does not have any environmental effects that could cause substantial adverse effects on human beings. No mitigation measures are necessary. REFERENCES • Building News Publications, Standard Specifications for Public Works Construction, 1997 Edition. • City of Newport Beach, Newport Beach Municipal Code. • South Coast Air Quality Management District, CEQA Air Ouality Handbook. 1993. REPORT PREPARATION PERSONNEL Lead Agency: City of Newport Beach . Don Webb, P.E. Public Works Director Bill Patapoff, P.E. City Engineer Fong Tse, P.E. Associate Civil Engineer CHECKLIST EXP[ANAnONS Page 17 0 E Appendix A Project Vicinity Map and Location Map 0 0 BAKER ST. x low _ II c:i LLI y ADAMS AVE. Co ,4 z a 2 O CITY OF COLLEGE ORANGE CO. y COSTA o FAIRGROUNDS 4 4 (� CITY z S MESA oQ aP,sT�N / N OF IRVINE 0 = m VICTORIA ST LL. UPPER \ UNIVERSI G NEWPORT V j 19TH ST. BAY o a U.C.I. �.. F �9� CITY / OF BISON i n. s� '�P l NEWP R Avt 9 BEA H o�y SAN TORO ISLAM STaOTY �� \ YARD 5 BAY PROJECT LOCATION PAC/% A (SEE LOCATION MAP) 1 � VICINITY MAP NOT TO SCALE /yq� BAYSIDE DRIVE STORM DRAIN IMPROVEMENT (FROM 2307 BAYSIDE DRIVE TO COUNTY ROAD) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4 41 A P O O P�aP ��Sf r GF P� O �P NEWPORT HARBOR D P� P O� A IN F LOCATION MAP P� NOT TO SCALE �cA -- PROJECT LOCATION BAYSIDE DRIVE STORM DRAIN IMPROVEMENT lip (FROM 2307 BAYSIDE DRIVE TO COUNTY ROAD) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Authorized to Publish Advertisements of ail kinds including public notices by occree of the Superior Court of Orange County, California. Number "214, September 29, 1961, and A -24871 June 11, 1967. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates- November 8, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 8, 1992_ at Costa Mesa, California. Signature RECEIVED '99 NOV 12 Pit :05. OFFICE OF THE CITY CLERK CITY OF NEWFIRT BEACH Oct S 1, • C -348 CITY OF NEWPORT AACH �p 5 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 15, 1999 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Determination for the Bayside Drive Storm Drain Improvement Project; and Notice of Determination for the San Miguel Drive Widening Project Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 TITLE OF DOCUMENT: 0 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 6103 Notice of Determination (Bayside Drive Storm Drain Improvement Project) C*Y OF NEWPORT BEAN p O S T E D 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 DEC 15 1999 (949) 644 -3311 GARY L. GRANKLE, Clerk - Recorder NOTICE OF DETERMINATION er_.._ --- DEFY To: Office of Planning and Research ❑X 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division 12 Civic Center Plaza Santa Ana, CA 92702 From: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 Orange County Date received for filing at OPR/County Clerk: Subject: Filing of Notice of Determination in compliance with Section 21108 or . 21152 of the Public Resources Code. Name of Project: Bayside Drive Storm Drain Improvement Project State Clearinghouse Number: City Contact Person: Telephone No.: 99111039 William Patapoff 949 / 644 -3311 Project Location: Bayside Drive from 2307 Bayside Drive to County Rodd Project Description: This project installs of 160 feet of 18 -inch RCP, a reinforced concrete junction structure, and five (5) catch basins with grates and connects these improvements to an existing 14 "RCP for drainage through a new bulkhead opening next to the County Road street end.. This is to advise that the City of Newport Beach has approved the above described project on December 13. 1999 and has made the following determinations regarding the above described project: 1. The City is Lead Agency for the project. 2. The project will not have a significant effect on the environment. 3. An Environmental Impact Report was not prepared for this project pursuant to the provisions of CEQA. 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 5. Mitigation measures were not made a condition of the approval of the project. 6. A Statement of Overriding Considerations was not adopted for this project. 7. Findings were made pursuant to the provisions of CEQA. The final Negative Declaration and record of project approval is available for review at the Public Works Department of the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 - 8915949/644 -3311. i1h ff W 'am Patap Engineer Date PROFESSIONAL SERVICES AGREEMENT FOR BAYSIDE DRIVE AND CARNATION AVENUE STORM DRAIN IMPROVEMENTS THIS AGREEMENT, entered into this la*r— day of / , 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City'), and DMc Engineering, whose address is 18 Technology Drive, Suite 100, Irvine, California, 92618, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to construct drainage improvements on Bayside Drive and Carnation Avenue. C. City desires to engage Consultant to prepare plans, specifications and cost estimate for drainage improvements for the Bayside Drive and Carnation Avenue Storm Drain Project upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are Derek McGregor and Harvey Kuehl. E. City has solicited and received a proposal from Consultant, has reviewed I -1- the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 3rd day of May 1999, and shall terminate on the 30th day of June 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Twenty Two Thousand Dollars ($22,000) plus City approved reimbursable expenses for blueprinting, reproductions, computer plotting and messenger services. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants 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 -3- standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of 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 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of W1 • • City only in the results of the services. 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 Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Derek J. McGregor to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit 'B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously fumish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in -5- 1 , • E termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. Phase 1: Consultant shall complete all work described in Exhibit "A" within 28 calendar days of the execution of this Agreement. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 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 law, regulations and permit requirements and be subject to approval of the Project 0 Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall 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, allegations of liability, suits, costs and expenses including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from the negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be -7- a • • filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Workers compensation insurance covering all employees and principals of 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. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give 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 of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 0 more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS 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. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 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 City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: -10- A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regard to deficient facilities. D. City will prepare and provide to Consultant a survey digital file in AutoCAD (DXF) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be -111- .\ • • performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. 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 work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. 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. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -12- 0 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably 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 City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. 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 third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Administrative Manager City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Derek J. McGregor DMc Engineering 18 Technology Drive, Suite 100 Irvine, CA 92618 (949) 753 -9393 Fax (949) 753 -9322 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party 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 the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -14- • • i 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party 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. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since -15- Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- • 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robi auson Assistant City Attorney ATTEST: By: M LaVonne Harkless City Clerk f.\ users \pWAshared\agreements \99\dmc engineedng.doc -17- CITY OF NEWPORT BEACH A Municipal Corporation Homer Bludad, City Manager City of Newport Beach DMc Engineering By<=:�- Derek J. McGregor Principal 4 -30 -1999 1:54PM FROM DMC ENGRG IRVINE 714 753 9322 P.2 NAME Derek J. McGregor Harvey Kuehl Duke Nyugen Fugen Alexandrescu Gordon Edwards i EXHIBIT B POSITION Principal PM SE AE PS 4 -16 -1999 9 :09A`-0 FROM DMC ENGRG IRVINE 714 753 9322 P.11 Bayside Drive /Carnation Avenue Improvement Plans Hourly Rate Schedule Effective January 1, 1999 thru December 31, 1999 Principal (PR) $ 110.00 Project Manager (PM) $ 90.00 Project Engineer (PE) $ 85.00 Senior Engineer (SE) $ 75.00 Associate Engineer (AE) $ 65.00 CAD Operator (CAD) $ 55.00 Specification Typist $ 35.00 3 Person Survey Crew $ 160.00 2 Person Survey Crew $ 140.00 Project Surveyor (PS) $ 75.00 Survey Calculator (SC) $ 65.00 NOTE: Blueprinting; reproductions, computer plotting, messenger services and other direct expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies or telephone expenses will be included. U •4 -16-1999 9tWAM FROM DMC ENGRG IRVINE 714 753 9322 • � ,A E XN ► �B IT Revised Proposal to Provide Professional Civil Engineering Consulting Services P-2 Bayside Drive /Carnation Avenue Improvement Plans KIM jik4j'N Prepared for: City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 Prepared by: DMc Engineering 18 Technology Drive Suite 100 Irvine, CA 92618 •4 -16 -1999 9:03AM FROM DMC ENGRG IRVINE 714 763 9322 P.3 DNh: Civil Sure ein April 14, 1999 )N 99 -769 -1 Revised Mr, Bill Patapoff City Newport Beach Public Works Department P.O. Box 1768 Newport Beac14 CA 92658 -9915 SUBJECT, Bayside DrivelCarnatioe Avenue Improvement Plans Dear Bill: Based on our March 22, 1999 meeting and our subsequent April 14,1999 meting, DMc Engineering. is excited about the opportunity to submit this revised proposal to provide Professional Civil Engineering Services for the above subject project. The following proposal is formatted to address the design of the work effort discussed in our meetings. We look. forward to your review of this information and the opportunity to meet with you personally to discuss the enclosed remised proposal. Should you require any additional information, please do not hesitate to call. Sincerely, DMc Engineering Derek J. McGregor, Fitt., P.L. S. Principal DJM :lg 18 Technology C)rha, Suite 100, Irvine; Calif)rnia 92.618 (949) 7539393 FAX (949) 753.9322 Offres in California and Nevada 4 -16 -1999 9:04AM FROM DMC ENGRG IRVINE 714 753 9322 p.4 Bayside Drive /Carnation Avenue Improvement Plans TABLE OF CONTENTS • Project Understanding • Project ApproachSScopeofServices • Ci& Furnished Materials • Fee Proposal • Hourly Rate Schedule .4 -15 -1999 9:05AM FROM DMC ENGRG IRVINE 714 753 9322 Bayside Drive /Carnation Avenue Improvement Plans Project Understanding The City of Newport Beach wishes to obtain professional civil engineering consulting services for the design of drainage improvements for the Bayside Drive/Carration Avenue Storm Drain Project. The project will include refinement of the selected drainage alternatives identified in our previous study and depicted on the enclosed Exhibit A, along with preparation of final design plans including preparation of detailed construction cost estimates and specifications. ,Project Approach/Scope of SerWces Final )Engineerin The most critical part of any project is to have accurate and current in formation on existing conditions. Therefore, our initial effort is to prepare accurate base maps depicting topographical and existing utility data of the subject area. We feel this task is essential in order to develop sound alternative designs. a. Research and Investiaa io One of the initial steps will be to perform research to obtain existing utility and right -of- way information from the jurisdictional agencies. This will include right -of -way maps, street, storm drain, sewer and water improvement plans from the City. This is initialized by sending a written request to Underground Service Alert to identify all carriers in the subject area. A formal notice will then be sent to each agency having utilities in the area, requesting documentation on their faalities. m, . . Compile City provided digital survey data into a contoured topographic map. Information obtained in the research and investigation will be compiled onto the above Topographic Map. P. 5 4 -16 -1999 9:06AM FROM DMC ENGRG IRVINE 714 763 9322 P.6 Bayside Drive/Carnation Avenue Improvement Plans Project Approach/Scope of Serimices (Continued) Refine the City selected drainage alternatives (see enclosed Exhibit A) previously identified by our office under a separate contract. This refinement is relative to alignments, utility conflicts, hydrology and hydraulics of the existing and proposed systems, flow characteristics, along with any existing physical constraints. This preliminary design will be discussed with City personnel for review and approval prior to preparation of final plans. M o T&WM 910o ::. ..:, ,. Prepare an estimate of probable construction costs fbr the above improvements. This cost estimate will be based on data compiled fiom our files for similar projects, Based on the above, the project team will prepare final plan and profile sheets of the proposed storm drain improvements. City Standard details for catch basins, junction structures, concrete collars will be used, Special details for enlarged scale plan views and connection to existing structures will also be developed. The project plans will be completed at 1"— 40' scale on 24" by 36" Mylar sheets with City of Newport Beach title block. The final drawings will be submitted in AutoCAD Release 13 format on 3.5 inch diskettes. Based on the storm drain plan and profile detailed design, final hydrology and hydraulic calculations will be completed for development of water surface profiles and hydraulic characteristics of the proposed storm drain. City of Newport Beach water surface elevation data will be utilized at the connection to the City's existing storm drain. The hydrology and hydraulic calculations will be prepared in accordance with City and Orange County requirements. ..T. .. ., ,,. ... w t....n.0 . Specifications and bidding documents will be prepared by the project team in accordance with City of Newport Beach supplied General Provisions and Bid Porms. Technical special provisions will be prepared by the project team in accordance with the Standard Specifications for Public Works Construction. 4 -16 -1999 9:06AM FROM DMC ENGRG IRVINE 714 753 9322 Ba side Drive/Carnation Avenue Improvement Plans Project ApprowhIScope of Servkm (Continued) Specifications will be prepared in Merosoft Word 6.0. DMc Engineering will look to the City to provide the General Provisions, contract and bid forms in Microsoft Word 6.0 as well as City General Provisions and Bid Forms. MYFq:.'•.:. .IM 11 •7 The project manager and project engineer will develop an estimate of probable construction cost for the improvements for use by the City. The estimate will be provided in Microsoft Excel 5.0, and will be based on cost data compiled by our office for similar projects. :. ,,. The project team anticipates three (3) design review meetings and three (3) design coordination meetings will be necessary for plan development, review and processing with City staff. Meetings with Utility Companies are not anticipated. Depending on the location of the proposed storm drain, traffic control plans may be required. This has not been included in this proposal. In addition, DMc has not included the cost of processing/permit fees, shoring design, structural design for non- standard details and/or geotechnical work. The preparation and processing of a coastal permit is also not included. P. 7 4 -16 -1999 9:07AM FROM DMC ENGRG IRVINE 714 753 9322 D. 8 4-16 -1999 9 :07AM FROM OMC ENGRG IRVINE 714 763 9322 Bayside Drive /Carnation Avenue Improvement Plans City Furnished Materials The City will provide sufficient topographic data in digital format that is compatible with AutoCAD Version 13. This data will include data collection of street cross sections detailing all grade breaks and critical elevations. This also includes the data collection of catch basins, local depressions inverts of existing utilities and all other topographic data within the project limits that is necessary for plan preparation. The accuracy of this data will be the responsibility of the City of Newport Beach. 2, Right -of -way and available (on file) record utility information. W1 4 -16 -1999 9:08AM FROM OMC ENGRG IRVINE 714 753 9322 Iiayside Drive/Carnation Avenue Improvement Plans Fee Proposal Client agrees to compensate consultant for the services as noted ftlow. 41M I DID Consultant shall perform the services outlined above in accord with the fee schedule below plus a budget amount* of for blueprinting, reproductions, computer plotting and messenger services. Consultant shall invoice client monthly on a percentage of completion basis. Additional services not identified herein will be billed on a time and material basis in accordance with the enclosed Hourly Rate Schedule. Work Item En Final Engineering $22,000 TOTAL PROFESSIONAL FEES Z ** Budget amount only, blueprinting, reproductions, computer plotting and messenger services required beyond this amount will be added to the monthly invoices per the enclosed Hourly Rate Schedule. Total Professional Fees do not include budgeted blueprinting, reproductions, computer plotting and messenger services. l NOW Pq I'd a E E IDd A c x � g 6 0 Y Evollsolls cloollows CEENCOMMEE CONSOMME ni 1 E I Y F) m ZEM £SL VIL aJI.,\t/I VdDN3 OM YKJdld; WVV9�0,1,, Ed6l -6l -V ' -� 1 I e F) m ZEM £SL VIL aJI.,\t/I VdDN3 OM YKJdld; WVV9�0,1,, Ed6l -6l -V ' -� Ad L ..... .. T ..... A C PRODUCER Andreini Company . ................... . . . . . . . AW V, . . . . . . E. S/ 3/1999_" ATE IS ISSUED AS A MATTER OF INFORMATION canny CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER IS CERTIFICATE DOES NOT AMEND, EXTEND OR 2737 Campus Drive Irvine, CA 92612 MAY 5 1C. X"'A"E R COVERAGE AFFORDED BY THE POLICIES BELOW.— COMPANIES AFFORDING COVERAGE License No. 0208825 L PJi-LICV :3 AMERICAN MOTORISTS INS. CO. INSURED '_":j DEREK J. MCGREGOR, INC. B COMPANY DBA: DMC ENGINEERING IS TECHNOLOGY DRIVE, SUITE 100 C COMPANY IRVINE CA 92718 N.- IBM wimm." X_ 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 LTH TYPE OF INSURANCE POILICY NUMM POIXY EFFEMA DATE (IMMIDDIM POW EXPIRATION DATE WMM LEM A GmER&L LIABILITY YJW30520201 02/01/99 02/01/00 GENERAL AGGREGATE 52JMODO PRODUCTS - COMPVP ADS $I.pnpffl COMMERCIAL GENERAL LIABILITY CLAIMS MADE Y OCCUR PERSONAL 6 ADY INJURY $I.DW.DDD EACH OCCURRENCE $1.0wom OWNERS & CONTRACTORS PROT FIRE DAMAGE (Airy cm fire) MED EV (AM one per ) A LIABILITY ANY AUTO 7 Oil 9 9 02/01/00 COMBINED SINGLE LIMIT $I'000'O00 BODILY XJJRY Perms) $ ALL OWNED AUTOS SCHEDULED AUTOS awl Y INjjFrY v;Eyomt) $ HIRED AUTOS NON-OWNED AUTOS / 11 ATE RI 'SK P / "WERT, DAMAGE GARAGE LIAIMUTY AUTO ONLY - EA ACCIDENT I OTHER THAN AUTO ONLY: ANY AUTO ACCIDENT AGGR7TE 1; EXCESS LIABILITY EACH OCCURRENCE 5 AGGREGATE I UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORMERS C�SATIDN Am EMMYM LIABILITY 7CW305=1 02/01/99 02/01/00 X RA TH' EL EACH ACCIDENT 51,0110.0w EL DISEASE - POLICY UMff SjjNpj0W THE PROPRIEFOR! INCL PARTM36EXECUM FIM _ ELOISEASE - EAEMPUOYEE SI,IXXLOpp OFFICERS ARE: OTHER DREORPTION OF OMATMSW"TMV*4MCLE81 =LU ITEMS CITY OF NEWPORT BEACH IS NAMED AS ADDITIONAL INSURED, PER ENDORSEMENT ATTACHED. *EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. . ....... . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCIELUDD SHORE WE CITY OF NEWPORT BEACH EvNUTgN DATE THEREW, THE MMO COWAMY WILL OGMMOMdM ME. ATTN: BILL PATAPOFF *30 DAYS wwrrm HOME TO WE CERITIFICAYE HOLDER NAMED TO THE 1.1117, P.O. BOX 1768 MENOMINEE, NEWPORT BEACH CA 92658-8915 AVTHOPAED REPRESEMITA71YE All ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: DEREK J. McGREGOR, INC., DBA: DMC POLICY #: 7JW30520201 POLICY PERIOD: 2/1/99 TO 2/1/00 ADDITIONAL INSURED: CITY OF NEWPORT BEACH This endorsement modifies insurance provided under the following: POLICY A. Additional Insured: The following is added to paragraph C., WHO IS AN INSURED, of the Businessowners Liability Coverage Form, BP 7108. All persons or organizations on file with the company as Additional Insureds are also an insured, but only with respect to liability arising out of your ongoing operations for that insured. B. Primary Coverage: With respect to claims arising out of the opera- tions of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insureds. C. Waiver of Subrogation: Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS OT US condition, of the Businessowners Common Policy Conditions, BP 71 10, is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: A If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured wa loss, any BP 86 62 WA 09 96) AMERICAN MOTORISTS INSURANCE COMPANY against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. After a loss you may waive your rights against another party in writing, only if, at the time of loss, that party is one of the following: A business firm: 1) Owned or controlled by you; or 2) That owns or controls you. D. Notice of Cancellation If we cancel this policy for any reason other than nonpayment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Addi- tional Insureds in paragraph A. above. 2. If we cancel this policy for nonpayment of premium, we will mail written notice at least 10 days before the effective date of cancel] - ation to the Additional Insureds in paragraph A. above. tepresentanve in U.S.A. Andreini & Company 2737 Campus Drive Irvine, CA 92612 License No. 0208825 NEGRED DMC ENGINEERING 18 TECHNOLOGY DRIVE SUITE 100 IRVINE, CALIFORNIA 92718 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. ....................................... -- ............. .................... .... ........ .................... ................ ................... ............ ........ ............. ..... ........ ......... .............. ........ ......... ...... .............. ............................... POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY MUINEA DATE (MMIODNY) DATE (MWDD" LEM .............. - ..... .......I................ _ _.... _. _.... GENERAL LMBLIIY ........ COMMERCIAL GENERAL LIABLRY CLAIMS MADE :OCCUR. <!......... ... I ...... OWNERS 8 CONTRACTORS PROT. ........................................................... .... ........ ...: ... ... ..... ..... ........ .... ........... ..... GENERAL AGGREGATE :................... ............ ....._i .................. ................ .. ....... ....._ EACH OCCURRENCE ...................................................... I......................... PRODUCTS-COMP/OP AGO. ...... ................ AGGREGATES PERSONAL 6 ADV. RAW [ EACH OCCURRENCE .............. ............................... FIRE DAMAGE (Arry � firers ......< .. ............ � IED �...........,................. \(/ SIN ! COMBINED SINGLE LIMIT f ; ............................. 8��7/lnnau• i lPor beriq ....... .. .......... DAMAGE ... . ..... .. f ............ ....._i .................. ................ .. ....... ....._ EACH OCCURRENCE ...................................................... .:.....__...... .._. ...... .f ............................... AGGREGATES STATUTORY LNRS :......... ............................... EACH ACCIDENT ......... ............................... DISEASE - POLICY LIMB .......... ............................... DISEASE - EACH EMPLOYE OTHER A PROFESSIONAL E0 :07/01/98 :07/01/99 PER CLAIM :LIABILITY :AGGREGATE ........................................................................................................... ............................... i...... I .................... .....;...................................... ............................... EEBCR/INN OF OPEMYCNS&MATMNRNBRCLHMPECILL RESS PROFESSIONAL LIABILITY DEDUCTIBLE - $15,000 RACE CLAIM. ITY OF NEWPORT BEACH rTN: BILL PATAPOFF .O. BOB 1768 BWPORT BEACH CA 92658 -8915 . ............................... .. ............................... $1,000,00 $1,000,00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY VINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Zurich Insurance Company Endorsement #1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NO. EFF. DATE OF EXP. DATE OF EFF. DATE OF PRODUCER ADD'L PREM. RETURN POL. POL. END. NO. PREMIUM EOC6=70509 07/01188 07/01/09 5rim 76-M N/A N/A Named Insured: Address (including Zip Code): DEREK J. MCGREGOR, INC. DBA: DMC ENGINEERING 18 TECHNOLOGY DRIVE, SUITE 100 IRVINE, CA 92718.. _. . This endorsement modifies insurance provided by the following: ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY POLICY Cancellation Notice to Certificate Holders In consideration of the premium charged it is understood and agreed that should the policy be canceled by the Company prior to the expiration date for reasons other than non - payment of premium or a deductible when due, the Company will provide not less than thirty (30) days notice to the following: CITY OF NEWPORT BEACH ATTN: BILL PATAPOFF P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 If in the event the policy is canceled because the Named insured has failed to pay a premium or deductible when due, not less than ten (10) days notice will be provided. All other terms and conditions of this policy remain unchanged. INSURANCE Authorized Representative vrl CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Savala Construction Co. 16402 E. Construction Circle Irvine, CA 92606 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Beador Construction Company P. O. Box 1 Corona del Mar, CA 92625 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 TEI (Tiger Equipment Co., Inc.) 35701 Avenida LaCresta Murrieta, CA 92562 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) 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 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Tri Star Engineering, Inc. 4717 Lauren Canyon Blvd., #210 Valley Vaillage, CA 91607 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) 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, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 David T. Wasden, Inc. 3220 Star Canyon Circle Corona, CA 92882 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) 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 B*EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 October 16, 2000 Atlas- Allied, Inc. 1210 N. Las Brisas Anaheim, CA 92806 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 TM Engineering 19301 Ventura Blvd, #200 Tarzana, CA 91356 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Clarke Contracting Corp. 4646 Manhattan Beach Blvd. Lawndale, CA 90260 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) 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, A ru- LaVonne M. Harkless, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Southern California Underground Contractors, Inc. P. O. Box 1747 Brea, CA 92822 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) 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 CA OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 4 -Con Engineering, Inc. 14771 Washington Drive Fontana, CA 92334 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Storm Drain Improvements (Contract No. 3198) 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, �� „7C'ci'. 3 ^..:� ✓fir. � ✓.Jd�F+T,7 LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach