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Home My WebLink AboutC-3245 - 32nd Street/Newport Boulevard Street Rehabilitation and 30th Street/Newport Boulevard Storm Drain ImprovementsMay 22, 2002 CITY OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 GCI Construction, Inc. 245 Fischer Avenue, B3 Costa Mesa, CA 92626 Subject: 32nd Street /Newport Boulevard Street Rehabilitation and 30th Street/ Newport Boulevard Storm Drain Improvements (C -3245) To Whom It May Concern: On May 22, 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 June 28, 2001. The Surety for the contract is Reliance Insurance Company, and the bond number is 2983015. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach • PAGE 16 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH BOND NUMBER 2983015 PUBLIC WORKS DEPARTMENT PREMIUM: $6,194.00 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STROM DRAIN IMPROVEMENTS CONTRACT NO. 3245 BOND NO. 2983015 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,194.00 being at the rate of $ 12.00/8.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to GCI Construction, Inc., hereinafter designated as the "Principal ", a contract for construction of 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STROM DRAIN IMPROVEMENTS, Contract No. 3245 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. 3245 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and RELIANCE INSURANCE COMPANY , 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 five hundred twenty -four thousand, two hundred eighty -eight and 001100 Dollars ($524288.00) 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 shalt become null and void. 0 • 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 19th day of APRIL 2000. Z/'; GCI CONSTRUCTION, INC. �i Name of Contractor (Principal) Auth rized reTtle TeryY ), IESr01e- RELIANCE INSURANCE COMPANY id�flt Name of Surety Au orized Agen iq ture 700 N. BRAND BL., STE 1250 MICHAEL D. STONG, ATTORNEY -IN -FACT Address of Surety Print Name and Title GLENDALE, CA 91203 (818) 240 -6960 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED EWsersrpbatihare(Awn acte199132nd street o-3246,contract o3245.doc 1199 CALI I.I.-P'IIRPOSE CERTIPICATF. OI' ACKNOWI.EDomi -wr State of _ I83h-Grn is County of Or On ALjotri 123,1666 before me, IL �- • �U S s2�� %�o�aru i U +Ir N +mr, lidr -e.R., ohn UM•N V,�WnruFl�� personally appeared /�ii�U� . 61��C� Namely of S'ienrn(s1 JANET L RUSSELL Comm. # 1166123 N NOTARY PUBLIC CALIFORNIA Onnp1 County N Comm. E.pins flec.21,2001 seal J4 Personally known to me OR J Proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �7r _!tiT.�il 2 -21-01 The data below is not required by law, however it nray prove valuable to persons relying nn the document and could prevent fraudulent reattachment of this form. SIGNATURE: A11THORrry OF SIGNER:__ U INDMILM!A1. �) COkI'Ok AI'F: UPI °l('I'.k(S) Pr�SiC�QfL -I- T511ciO C1 PARTNr.k U LIA11TTEU ❑ GF..NEIiAL U ATTONNEY- IN- FA(7 U TRt:STL'E(.S) O :i t I A R UI A N/CO NS F. R VATO R U OTMER: NAt1F�S) nF PERSON(S) OR E \Tn(itS) SIGNER IS REPRFs \nxr.: DESCRIPTION OF A'1 -1 -ACHED DocuMENT TITLE oR TN-pc ur• D(x I -ME. r Nu%IBER OF PAGES DATE or Do('t WENT SIGNER(S) OTHER THAN NAMED ABOVE: Amcncan Smiciv of STATE OF CALIFORNIA SS. COUNTY OF _RIVERSIDE _ r On � / /vim _ , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me �t facfiar3� ;J-,c4 to be the person44 -whose name4F - is /•ate subscribed to the within instrument and acknowl- edged to me that he /`14 @executed the same in his/ (authorized capacity4ec4, and that by his /koiW t1wipsignature�4on the instrument the persor(4 or the entity upon behalf of which the person ( s} -acted, executed the instrument. WITNESS my hand and official seal. Signature —Qy OPTIONAL F • :ROSEMARY STANDLEY L r CONVY1. #1090462 NCTArtY PUBLIC - CALIFORNIA O� C "t.LLLE kPlcRSIDE COUNTY My Comte. E)Orw June 7. 2000 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL i ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTa`o1ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 P.,6 /94 ALL - PURPOSE ACKNOWLEDGEMENT June 28, 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. 245 Fischer Avenue, B3 Costa Mesa, CA 92626 Subject: 32nd Street /Newport Boulevard Street Rehabilitation and 30th Street/ Newport Boulevard Storm Drain Improvements (C -3245) To Whom It May Concern: On May 22, 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 May 24, 2001, Reference No. 20010334834. The Surety for the contract is Reliance Insurance Company, and the bond number is 2983015. Enclosed is the Labor & Materials Payment Bond. Sincerely, % ;2 LaVonne M. Harkless, CMC /AAE City Clerk LH:lb cc: Public Works Department R. Gunther, P.E., Construction Engineer encls. 3300 Newport Boulevard, Newport Beach EXECUTED IN FOU UNTERPARTS . PREMIUM INCLUDED IN PERFORMANCE BOND PAGE14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 BOND NO. 2983015 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 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREETINEWPORT BOULEVARD STROM DRAIN IMPROVEMENTS, Contract No. 3245 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. 3245 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, RELIANCE INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of five hundred twenty -four thousand, two hundred eighty -eight and 001100 Dollars ($524,288.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. •' PAGE 15 The Bond shall inure to the benefit of any'and all persons, companies, and corporations entitled to file cAaims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by-the above named Principal and Surety, on the 19th day of APRIL '2000. GCI CONSTRUCTION, INC. Name of Contractor (Principal) RELIANCE INSURANCE COMPANY Name of Surety 700 N. BRAND BLVD., STE 1250 Address of Surety GLENDALE, CA 91203 (818) 240 -6960 Telephone r fle-1�1,LXUR Autho zed Agent ftnt MICHAEL D. STONG ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIIWIJ PIIRMSF CERTIt:IcATE Ot' State of County of �( 0 On 40rif2a.2666 before me, d nje4 l-, ev �%1o{arU i U +tr Name, lille • e.g.. john Dt "'. N.dan• rUhlk "r personally appeared_ l Lr'ru • (Si (leSj:5(rf NameM of Sienemis) jW Personally known to Inc OR Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /alt 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 signature(s) on the JANET L. RUSSELL instrument the person(s), or the entity upon behalf of which Comm. 01166123 N It NOTARY PUBLIC-CALIFORNIA N the person(s) act i teed, executed Ac n%tt/ru/me�nt. LOIN., orange County comet. Wires Dec. tl,soBl 2 -2l-0 seat OPTIONAL The data below is not required by law, however it may prove valuable to persons relying an the document and could prevent fraudulent reattachment ojthis form. SIGNATURE Atf1'HURrry Of SIGNER:_ :, INUIVILWAI. �I CORPONATE 0P19('I.R(S) Pr�siCt�R�- 'ndets) 0 PARTNER U LIAMWo 0 GENERAL U ATTORNEY- IN- FAC7 0 TRIMMe(S) 0 GLIARUTAN /CONSERVATOR U OTIIER: NAME(S) Of' PERSoN(S) OR EA-IM(ILS) SIGNER IS REPRE.SENrImi: DF..SC_RIPTION OF A'I-rACH1:D DOCUMENT TITLE OR TYPL UP IirR-UMEV'I' )`NUMBER OF PAGES DATE OF DOC't mENT SIGNER(S) OTHER THAN NAMED MovE: Amencan Stwirtc of Notaries. STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On /// //CPO , before me, ROSEMARY STANDLEY PERSONALLY APPEARED — MICHAEL D. STONG personally known to me ce_ __e -eei ._ -.,. __ .:.@ basis of SaksfacJwr3LC ;J' cc 4 to be the person(&; whose name4L_ is/.a&@-subscribed to the within instrument and acknowl- edged to me that he /,' executed the same in his/ i erf14eeir authorized capacity4@4, and that by his /k@4-/ tLeifsignature4 on the instrument the person(4 or the entity upon behalf of which the person{s}-acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL ROSEMARY STANDLEY COMM. #10904&2 O NOTARY PUMIC -CALIFORNIA N RIVERSIDE COUNTY My Comm. Egires Jun'7. M 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 rITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(16S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -051 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY "= ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA ? . POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively plied "the Companies') and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael D. Stong, Susan C. Monteon, Shawn Blume, Rosemary Standley, of Riverside, California their true and lawful Attorney(s )-in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an'Executive Officer of the Companies and seated and attested by one other of such officers, and hereby ratifies and confirms all that their said Attor- ney(s) -in -Fad may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. lLe eoasd of D'uemon, Ne RuWen, tine Ch.. of the Bored, any Senior Vice Pmideat. any Vice Preside , or AssisWd Via Resident o other officer de igra d by the Board of Directors shall have power and authority to (a) appoint Avoray(s) -m -Faa and m and a iae them to cxamm n behalf of the Company. bads and undertakings. meognumnam, eonnarn of indemnity and other writings oblipmry in the mtuse thereof, ant (b) in remove any such Aft r y(s) -in -Fan at any time and make do power and authority given to tem. 2. Atmmey(s) io-Fan shalt have power ad authoiry, subjxt ro the mrma ad limiatioa of dr Power of Arorrcy iaucd m them, m cxetvm W deliver m b f of the Company, bonds ad uMermkings, rea,gnimca, conoaau of mdlmNry and mher writings abligamry in the baton d.,.f. The eoryomm sal a not .,any fa the validity of any bads W udetakinp recogot.. co n is of indemnity W other writings obligatory in the nature thereof. 3. Anomcy(s)- in-Fam shall have power W autboriry m exaum affdavin required to be atathd to bonds, «cogrdz., co .. of idemniry or other mdidod or obligamry odemaki" ad they shall also have power W authority to certify the fmaaul atamment of the Company W to copies of the By -tan of the Company or any article or section thereof. 71.6 Power of Aruuney a signed W sold by facsimie under W by authority of the fdlowing resolution adopted by the Executive W Finance Com r imo s of the Boards of D'ueemrs of Reliance Imomwe Company, United Pacific I... Co npany and Reliance National Indemnity Company by Unanimous Conznt damd as of Februmy 29. 1994 and by the Eaetmxive ad Fi.W Co..none of the Board of Dirmos of Reliant Somty Company by unanimous Comm dated as of March 31, 1994. 'Raolvd that the signumma of such dueaun W ofy e W the and of the Company may be affad 1. any writ Power of A..y or any certifra e, relating thereto by fa a mile, and any rah Power of Aumery or oerdfiate bearing such fae ibnk aignamrzs o facsimile sir shall be vdld W biding upon the Company and any rah Power so eaceumd ad outifnd by fa..IOU all- ad frsimile red shall be valid W binding upon dr Company, in the furore with respm many bond or udeneking an which it is anaclod.' IN WITNESS WHEREOF, the Companies have Caused these presents to be signed and their Corporate seals to be hereto affixed, this September 27, 1999. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY 0*(96 RE LIANCE NATIONAL INDEMNITY COMPANY r STATE OF Washington ) 7 COUNTY OF King ) SS. On this, September 27, 1999, before me, Laura L. Santos, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. Notary Public; In witness whereof, I hereunto set my hand and official seal. Statsofwashirvwn Laura L. Santos Notary Public in and for the State of Washing My Appoinnnent Expires 03-05-01 Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. �, /J -�/yf�j1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this J _ ) day of /t.l� year ofxre OPPa,NaF,V 0(vee � OpPOq�^H s 3SAm A ' t Secret d ry 0 RECORDING REQUESTED BY ANC WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • Recorded in Official Records, Cou..!, ^f ^r"nrle Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 20010334834 09:29am 05124101 114 33 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction, Inc. of Costa Mesa, California, as Contractor, entered into a Contract on April 11, 2000. Said Contract set I� forth certain improvements, as follows: 32nd Street/Balboa Boulevard Rehabilitation and 30th Street/Newport Boulevard Storm Drain Improvements, C -3245 Work on said Contract was completed on April 25, 2001, and was found to be acceptable on May 22, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Reliance Insurance Company. /2 Itt � , 00 BY L >o Pub I orks Director L� I = City of Newport Beach U LU VERIFICATION I certify, und& penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY City Clerk • TO: Mayor and Members of the City Council FROM: Public Works Department May 22, 2001 CITY COUNCIL AGENDA ITEM NO. to SUBJECT: 32ND STREET /BALBOA BOULEVARD REHABILITATION AND 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS, CONTRACT NO 3245 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work 2. Authorize the City Clerk to file a Notice of Completion. p"-T, 0 r,,. 1J r7' I ISV 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On April 11, 2000, the City Council authorized the award of the 32nd Street/Newport Boulevard Rehabilitation and 30`h Street/Newport Boulevard Storm Drain Improvements contract to GCI Construction, Inc., of Costa Mesa, California. The contract provided for the construction of a new storm drain system in 30th Street and Newport Boulevard that drains into the harbor. The new drains included dual stage low flow filters at each of the six new catch basin inlets and at eight existing catch basins that now connect into the new system. In addition, the project provided new curb and gutter along a substantial portion of Newport Boulevard to improve drainage; the rehabilitation and overlay of deteriorated pavement in Newport Boulevard and 32nd Street; and for modifying a traffic signal at 30d' Street and Newport Boulevard. 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: $524,288.00 Actual amount of bid items constructed: 533,032.05 Total amount of change orders: 45,251.67 Final contract cost: $578,283.72 SUBJECT: 32ND STREETI &A BOULEVARD REHABILITATION AND 30T *REETINEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS, CONTRACT NO 3245 — COMPLETION AND ACCEPTANCE May 22, 2001 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from the provision of additional asphalt for street areas added to the work exceeding the bid item quantity. The final overWt construction cost including change orders was 10.30 percent over the original bid amount. Four change orders totaling $45,251.67 were issued for the project. They were as follows: No. Description Amount 1 Concrete reinforcement of the shallow storm drain $12,264.00 2 Exportinq of unsuitable material from the site 2,932.50 3 Concrete sealing "diapers" around storm drain joints 5,675.88 4 Utility adjustments and roadway removals $24,379.29 Funds for the project were expended in the following accounts: Description Account No. Amount 32 "d Street/Newport Boulevard Rehab and Newport 7181- C5100467 $349,656.38 Boulevard Storm Drain from 30"' to 32nd Street Storm Drain Improvement Program 7012- C5100008 228,627.34 Total $578,283.72 The original completion date was December 20, 2000. Due to revised construction of the storm drain, change order work, and corrections to the tide gate valve, the completion date was extended to April 25, 2001. All work was completed on April 25, 2001, the revised completion date. Resoectfu ll subm� PUBLIC WORKS DEPARTMENT Don Webb. Director By: %; • wvr 7ti R. Gunther, P.E. Construction Engineer 0 a CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 2P day of March 2000 , at which time such bids shall be opened and read for 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS Title of Project Contract No. 3245 $565,000 Engineer's Estimate Approved by Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Lloyd Dalton Project Manager at (949) 644 -3328. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO 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 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL...................... ......................................................................................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 0 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. -T55351Lv "A" Contractor's License No. & Classification GC I Cor1EJ-ruAo(\ .zne . Bidder Autho ¢ed Signature/Title FOC;(E5Z.n�l2t{ sac (Tr2AS (arch .27 ZOO Date E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PAGE 3 32ND STREET/NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREEVNEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 107 of AMT. BID), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION AND 30TH STREET /NEWPORT BOULEVARD STROM DRAIN IMPROVEMENTS, Contract No. 3245 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 13th day of MARCH AD 2000 CCI CONSTRUCTION, INC. Name of Contractor (Principal) RELIANCE INSURANCE COMPANY Name of Surety 700 N. BRAND BL STE 1250, CLENDALE, CA Address of Surety 91203 (818) 240 -6960 Telephone utholi r 5 gna urefTitle rl\ Authorized Agent Signature SUSAN C. MONTEON, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) California All- Purpose Certificate of Acknowledgment State of California County of or6fiX,) On this the 2844' day of �� ZooO _ , before me, clan A- . dsyjf Name of Notary Public a Notary Public for the State of Califomia, personally appeared _ 0 tme(s) of Sipsers(s) personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. JANET L. RUSSELL Comm. f 1166123 N NOTARY range PULIC ourtly -CALIFORNIA J/0&lf Orange Courtly My Comm, hint 0u. 31.2001 Notary'kPature Seal OPTIONAL INFORMATION 77K Information below is optional However. It mayprove valuabk adcouldpreventf ouduknt attachment ofthisform to an unauthorl -ed document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tide(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: Name of Person(s) Tnie or Type of Document Number of Pages Date of Document odd Reorder 1997 ESI Educationd Saninars• Inc. Reaoduetion Prohibited r. Call 1.600- 707 -5123 STATE OF _ COUNTY OF CALIFORNIA RIVERSIDE On 31131bU PERSONALLY APPEARED before me, I SS. ROSEMARY STANDLEY SUSAN C. MONTEON--- - - - - -- personally known to me ( ' sati4aeisfy be the person44_vvhose namo� -4 isAaw, subscribed to the within instrument and acknowl- edged to me that .4 Ashe /tlp_y.executed the same in 14&V her /iueir authorized capaciry(4"s and that by W&/her/ signatures n the instrument the person(e, or the entity upon behalf of which the person44acted, executed the instrument. WITNESS my hand and official seal. Signature��CTl1.u- �YYl.C"�IL�. �- /VW "�1`C OPTIONAL ROSEMARYSTANDLEY N "'4NY ?UGI.IC CALIFORNIA O�Y ai ) A ' ' aloes oe courm A � My Camm. Expires June 7.2M This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID ast R. ,. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael D. Stong, Susan C. Monteon, Shawn Blume, Rosemary Standley, of Riverside, California their We and lawful Attomey(s)-in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attor- ney(s)- in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Based of D'vectas, the Fwaiden, the Chan . of the Board, any senior Vice Pmidem, my Vim Pwsidw or Assistant Vice President ter mines olfi¢s designowl by me Board of Directors shall have power and authority m (d appoim Anse my(s)-in -Fort and m authorise them to acute os Imbe f of ds Company, bonds seal undertakings, rcogdams, enhance, of indemnity and other writings obligatory to the Halms, thereof, and (b) to rename any such AumneY(s )-m -Fact at any time and n w1aa the powu and autlwri 7 given he them. 2. Asmnsy(s) -m-F= shall lave power and and arby, subject as the rums and limitations of the Pawn of Amorcy issued to them, to eseaute snd delivu on behalf of the Compan, bonds and undertakings, rmmgninncn, conmams of indemnity and other witiugs obligatory in the rmtum thereof. The mrpmas seal is not tax sary for the validity of any bonds and uMerukiM wougniaums, commis of indemnity and other writings obligamsy in the atom thereof. 3. Attemey(s)-in -Fan shall have power and authority as momma affidavie, se,taim l as be umcld an bonds, raeogoia ms, commas of indemnity or othu I:oMhiorW or oblignrory unds rinkings and they shall also have power and authority to certify the fimmial State ent of she Company and m topics of she By -law d the Company or any Miele or samion thereof. Thu Power of Attmmy'n sigtsd std scaled by (aaimile under and by authority ot the followin6 msdutisre Indaptnd by the Exemtive and Finam Committee of the eoands of D'vecmrs of Reliarce Immmce Co mmy, United Pacific Insurance Comi any and Reliance National Indemnity Company by Ummimom Consent dated as of Fdb 28, 1954 and by the Emoutive and Fim eid Commit. of the Boand of D'ucerons of Refunca Surety Company by Umdm en, Consent dated as of Mantis 31, 1994. 'Roulwd that me signature of such dnanoe and offset and the seal of the Company may be affixed many such Power of Attoncy or any cenifimm selming dsncto by facsimile, and any corm Poses of Attorney or cenifcam bearing such fsmimile sigmme en frsimile seal shill be valid and biding upon she Company sad any soh Power so amcmed and mnifsd by facsimile sigmtanes and faoimile seal shall be wild and binding upon ds Company, in the !antra with rospat to my bond or undertaking to which it u atudmd.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this September 27, 1999. etee Nauq�u HpUNO POq rf ..�OPPOgq�2 ih 4s p5 s2 0 926 ') CON a ."~ ay .�`a STATE OF Washington ) COUNTY OF King ) SS. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY I On this, September 27, 1999, before me, Laura L. Santos, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized offerer. Notary Pfb&c In witness whereof, I hereunto set my hand and official seal. Side dYyastlMtp00r1 �- Laura L. Santos My Appoi11men1 Expires lD-0SOt Notary Public in and for the State of Washing Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct ropy of the Power of Attorney executed by said Companies, which is still in full force and effect. �e, -��k,� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of nth a ti _ year oll Z I us sir. c. msu.N fps. INO a PPOq d`�'rep} ��, PPOq ca 40 PPOgI ~2 + ? SEAL k+0' ' SFaO �°. Scotfi a Aftistirfit Secret dry { s aa'ia .sN !,s ` tMan.nw" lab �`sa 1 0 • PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET/NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 2. 3. 4. 5. 6. 7, 8. 9. Subcontract Work Subcontractor Address I%_1 ' // 11 ' / • LANIF I / / \ WE WAY i /.4 i v // i. 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREETINEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency i lak 441A" U ..o C I Person Telephone To Contact Number (12 nskue t'ol, Bidder Authorized Signaturerritle F 1OL� n& �- '222 7v-a29- * C I CONSTRUCTION, INC.• FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT ADAMS & STREETER CIVIL 544 MWD Access Road Construction 81,137 ENGINEERS 15 Corporate Park Irvine, CA 92606 (949_) 474 -2330 AMERICAN GOLF CORP. _- - 348 El Toro Golf Course 235,461 1633 26r" Street 355 Cherry Ave. /Jeronimo St. Improvements 228,629 Santa Monica, CA 90404 362 Rancho San Joaquin Storm Drain 18,182 BELCZAK & SONS 548 Rattlesnake Canyon ( I_ine Community Dev. Co) _ _ 1,59_7,509 _ _ _ CATELLUS RESIDENTIAL - - 454 A- RidgemoorDebris Basin kins 827,000 5 Park Plaza, 4400 464 Akins Westchester Grading 1,709,907 Irvine, CA 92714 465 Akins Westchester Storm Drain 55,002 (949) 690 -0280 476 Line A Outlet Structure 12,500 502 Grading Improvements -Dale& Malvern 104,994 CALIFORNIA CORRIDOR 447 San Joaquin Hills Transportation 66,475 CONSTRUCTORS P.O. BOX 57018 Irvine, CA 92619 -7018 �. TRAN DEPT --... -- - - - -- - - - - - -- CALTRANSDEPT. OF TRANSP. ---------------- ...- ---- -..__...---- - -- - - -- - - -- - -- -- ... 356 Norco Housing ..---- --- --- 1,129,326 1120 "N" Street, Rm. 39 429 Orange County Fairgrounds 147,192 Sacramento, CA 95814 CALVERY CHAPEL 377 Green Valley Tank Site 104,089 3800 S. Fairview Road Santa Ana, CA CALVERY CHAPEL GOLDEN _ -_ _ _ 457 Calvary Chapel Golden __ Springs_ , G_ rading & __ _ 1 16,029 SPRINGS Parking Lot CARLSON LANDSCAPING 350 County of Orange 54,045 9050 Blackbird Ave. Fountain Valley, CA 92708 CHRIST'S CHURCH OF THE VALLEY 489 Grading Improvements 79,467 493 Grading Improvements 417,012 CITY OF ANAHEIM 108 Lakeview/LaPalma Storm Drain 200 S. Anaheim Blvd. 109 Walnut Creek Sewer & Storm Drain 52,000 Anaheim, CA 113 Anaheim Site Improvements 5,854 (714) 254 -5100 156 Patrick Henry Storm Drain 441,000 376 Vintage Lane Soundwall 120,458 409 Residential Lots 12,233 518 I -5 Freeway Sewer Relocation Improvements 742,247 f:\mhold\gci\joblist\finished.gci I of 10 pages 41 C I CONSTRUCTION, INCO FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT CITY OF BREA 146 Laurel Ave. Street Improvements 146,000 #1 Civic Center Circle 152 Lambert Road Street Improvements 15,000 Brea, CA 92621 172 Firestation #3 330,0004,64 (714) 990 -7600 176 Sewer R_elocation_ 0 _ _ CITY OF COSTA MESA 196 Arlington Drive Storm Drain & Street Improv. 185,000 77 Fair Drive 316 Fire Station 325,179 Costa Mesa, CA 92626 410 Iowa St. Storm Drain 50,494 (714) 754 -5000 427 Street Improvement Newport & 18' St. 171,450 432 Indus St. Drainage Improvements 45,738 CITY OF COVINA 396 5,000 Gallon Reservoir and Pumps 537,593 125 E. College 412 Sewage & Pump Station 64,151 Covina, CA (818) 858 -7212 CITY OF DANA POINT 385 Street Widening— Stonehill & Selva 1,075,571 33282 Golden Lantern 451 Sidewalk Improvements on PCH 34,050 Dana Point, CA 92629 (949) 248 -9890 CITY OF FULLERTON 122 Emery Park Phase III 64,000 303 W. Commonwealth 123 Malvern -Brea Creek Tie -In Improvements 120,000 Fullerton, CA 92632 198 Drainage Improvements 97,000 (714) 738 -6845 304 Harbor Bastanchury Road 210,870 308 Lions Park Storm Drain 94,048 309 Brea Blvd. Widening 68,657 319 Berkeley/HarborStorm Drain 106,694 321 Bike Trail 55,536 322 Highland Ave. Widening 118,865 CITY OF GARDEN GROVE 320 Street, Storm Drain Improvements 190,052 11222 Acacia Parkway Garden Grove, CA 92840 (714) 741 -5000 CITY OF HUNTINGTON BEACH 401 H.B. Playcourt Reconstruction 383 Huntington Lake Storm Drain 125,055 305,555 Public Works Department 2000 Main Street 414 Inlet Drive 177,345 Huntington Beach, CA 92648 462 Corsican Flood Control Channel 50,727 (714) 536 -5511 463 Slater Flood Control Channel 16,733 532 Warner Avenue Improvements 23,259 CITY OF INDUSTRY 403 Commuter Rail Station Parking Lot 1,154,971 15651 E. Stafford Street Improvements City of Industry, CA 91744 (Grading & Storm Drain Improvements) 800,198 416 Industry Hills Parking Lot & Roadways 552,547 507 Grand Avenue Ramps f:\mhold\gci\joblist\finished.gci 2 of 10 pages 4 C I CONSTRUCTION, INCO FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT CITY OF IRVINE 419 Amalfi Drive Seepage Mitigation 13,580 1 Civic Center Plaza 473 Westpark II - Offsite Irvine, CA 92713 (949) 724 -6000 C — --- - - - - -- - -- - CITY OF ORANGE -- - - 305 Tustin St. Street Improvements 216,620 300 E. Chapman Ave. Orange, CA 92666 (714) 744 -2225 CITY OF LAGUNA BEACH 155 Heisler Park Slope Reconstruction 230,000 505 Forest Avenue 370 Wastewater Pump Station Improvements 239,418 Laguna Beach, CA 92651 405 Storm Damage 40,076 (714) 497 -0339 415 Animal Shelter 18,673 456 Cress Street Retaining Wall 105,114 458 Animal Shelter Bridge 86,728 459 Canyon Acres Drive Fire Access Road 69,021 461 Dunning Drive Landslide Repair 698,201 466 Laguna Beach Water District 44,410 520 Orchid & Ocean 6,198 522 Park & Wendt 7,750 523 Animal Shelter 9,757 524 Rancho Laguna 38,112 529 Misc. Repair Jobs 54,499 533 Ocean Vista Storm Drain 388,731 547 Dewitt Property Bridge Over Laguna Cyn 123,769 Channel 26,500 .- --- --- ---- ----- - - - -- - - - - -- 552 Tiajuana Street Reservoir -1-3 -- - -- - - - - - -- - -- _ - -- - CITY OF LONG BEACH scap---odifi 5 Landscape Modification 148,000 148,00 3300 Newport Blvd. 136 Gabion Slope Repair 168,000 Newport Beach, CA 92663 (949) 644 -3311 CITY OF LAGUNA NIGUEL 441 Callendar Court 211,639 27801 La Paz 488 Crown Valley Parkway/Niguel Road 457.319 Laguna Niguel, CA 92656 501 Parking Lot Extention, Crown Valley Pkwy. 22,580 (714) 362 -4300 539 La Plata Storm Drain 387,396 CITY OF NEWPORT BEACH 101 Old ort Newp Blvd. 90,000 3300 Newport Blvd. 128 Oasis Park & 5th St. Improvement 242,000 Newport Beach, CA 92663 131 1983 -84 Storm Drain Improvement 218,000 (714) 644 -3311 194 Ticket Booth Const. 58,000 311 Hospital Road Widening 275,157 306 Backbay Trail 1,063,334 418 Misc. Storm Drain Const. 382,319 f:\mhold\gci\joblist\finished.gci 3 of 10 pages C I CONSTRUCTION, INC� FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT f: \mhold \gci \joblist \finished.gci 4of10pages 428 Hazel Drive 494,747 425 Channel Drive 51,365 450 Balboa Blvd. Reconst. 891,513 452 Bolsa Park 161,452 460 Main Street Sidewalk Improvements 66,902 471 MacArthurBlvd. 7,068 472 Balboa Manholes 17,283 475 Corona Del Mar Alley & Water Main 373,649 CITY OF NEWPORT BEACH 479 151h St. Rehab, Storm Drain & Water Main 1,095,168 continued Constr. 457,319 486 Bayview Way /Jamboree Road Improvements 13,200 498 Lido Isle Pump Station 78,673 508 Kings Road Storm Drain Newport 6,199 520 Orchird & Ocean 405,693 542 Buck Gully/Little Corona Beach Outlet Mod. 17,580 549 Big Canyon Reservoir 13,650 - - --- 555 Slope Repair @ Jamboree Rd. & Big Canyon -------- ..- - - - - -- -- - --------------- - -- -- ---------- - - - - -- CITY OF SAN CLEMENTE - - - - -- _- ___ ___ - - -- 516 Calle Bahia Water Line 144,976 100 Avenida Presidio San Clemente, CA I (949) 361 -6100 CITY OF SAN JUAN CAPISTRANO 115 Sunhollow Improvements 184,000 32400 Paseo Adelanto 120 Alipaz & Del Obispo St. Improvements 93,000 San Juan Capistrano, CA 92675 302 Del Obispo St. Widening 209,000 (949) 493 -1171 328 Drainage Improvements 64,000 332 Del Obispo Storm Drain 234,000 CITY OF SANTA FE SPRINGS 509 Patterson Place 697,212 11710 Telegraph Road 517 UPRR Storm Channel Restoration 37,650 Santa Fe Springs, CA 90670 (562) 868 -0511 CITY OF WHITTIER 353 Savage Canyon Landfill 1,224,745 13230 E. Penn Street 374 Savage Canyon Landfill 170,720 Whittier, CA 90602 375 Gas Distribution Wells 15, 17 & 18 36,362 (310) 945 -8200 393 Savage Canyon Landfill 117,161 449 Well #13 MCC Building 54,950 485 Well # 14 Rehabilitation, Whittier 142,907 CITY OF TUSTIN 195 Bell Avenue Storm Drain _ 96,673 300 Centinnial Way 453 Pinetree Park Parking Bay Improvements 92,779 Tustin, CA 92680 455 Reconstruction "C" Street 65,983 (714) 573 -3000 i f: \mhold \gci \joblist \finished.gci 4of10pages A C I CONSTRUCTION, INC� FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT CITY OF VILLA PARK 467 Villa Park Storm Drain 147,108 17855 Santiago Blvd. Villa Park, CA 92861 (714) 998 -1500 CITY OF YOR13A LINDA 390 Street/StormDrain 111,896 P.O. Box 7487 404 Remove & Replace AC 145,900 Yorba Linda, CA 92686 443 Town Center Plaza 93,383 (714) 961 -7100 445 Brooklyn Avenue 69,804 513 Interim Grading of Esperanza Road 109,405 543 Buena Vista Avenue 278,782 COTO DE CAZA DEVELOPMENT 169 Gabion Drop Structures 630,000 P.O. Box 438 180 Rip Rap Slope Protection 260,062 Trabuco Canyon, CA 92678 181 Storm Drain Improvements 159,693 184 Gabion Slope Repair 16,285 186 Gabion Slope Repair 140,513 188 Low Flow Crossing II 39,606 192 Corrective Work 240,642 -- - -- - - -- --- - - - - -- - -- - - - - -- -- COUNTY OF LOS ANGELES, - - - - - -- - - ----- - - - - -- -- ----- __----- - - - - -- 111 Rambla Pacifico --------------- - 36,555 ROAD DEPARTMENT 1540 Alcazar Street j Los Angeles, CA 90033 COUNTY OF ORANGE 148 Stonehill 316,120 400 Civic Center Drive 160 EMA Palm Ave. Street and Storm Drain 268,864 Santa Ana, CA 92651 197 Stonehill Drainage Improvements 29,000 (714) 834 -3100 435 Delhi Channel 603,200 495 Frank Bowerman Landfill 319,672 511 Prima Deshecha Landfill 306,730 521 Frank Bowerman Landfill _ _ _ _ 4,975 COUNTY OF ORANGE -EMA 367 Missions Planned Community Road Closures 42,604 P.O. Box 4048 Santa Ana, CA 92702 -4048 CYPRESS HOMES, INC. 448 Sorrento Stormwater Pump Station 469,500 14 Corporate Plaza (Project #9226-1) Newport Beach, CA 92660 _ _ _ DANA STRAND BEACH CLUB ___ 133 Rock Slope Protection 260,000 34001 Dana Strand Road Dana Point, CA 92629 EASTERN MUNICIPAL WATER 382 Grant Ave. & Corwin Pumping Plants 854,453 DISTRICT f:\mhold\gci\joblist\finished.gci 5 of 10 pages 0i C I CONSTRUCTION, INC .0 FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT ESSLINGER FAMILY TRUST 470 Laguna Terrace Park 208,941 LAGUNATERRACEPARK 30802 S. Coast Highway Laguna Beach, CA 92651 GENTRY GOLF 413 Island Golf Center 195,619 14893 E. Ball Road Anaheim, CA GORDON & WILLIAMS 468 Rotoshake 175,898 26081 Merit Circle # 123 477 Teen Center (K.B.F.) 49,140 Laguna Hills, CA 92653 484 Roaring Twenties -North Project (K.B.F.) 278,005 (714) 367 -7818 492 North Project, PH II & III Demo at Knott's Berry Farm HON DEVELOPMENT 335 Storm Drain, Stairway 755,420 25200 La Paz Rd., #210 Laguna Hills, CA 92653 (714) 586 -4400 THE IRVINE COMPANY 139 Big Canyon Grading 120,000 550 Newport Center Dr. 141 Entryway Improvements 165,000 Newport Beach, CA 92660 145 Grading & Improvements 600,000 (714) 720 -2000 147 Site Improvements 480,000 149 Back Bay Erosion Control 120,000 157 Flagstone Park 143,693 158 Big Canyon Landscape 700,000 310 Mac Arthur Blvd. Widening 552,411 178 Center Dr. Realignment 135,000 179 Monroe Street Improv. 91,000 182 R.C. Box Structure 56,242 187 Jamboree Road Widening 458,479 189 Big Canyon Slope Repair 66,000 190 Post Office Parking Lot 158,214 317 Sewer Cleanout 4,300 163 Back Bay Sewer 45,000 174 Los Trances Parking Lot 140,000 333 Peters Canyon Grading 382,000 338 Jamboree Rd. Widening 566,000 360 Pelican Hill Syphon 414,000 361 Pelican Hill Road 35,000 378 Rock Shelter 27,729 392 Newport Coast 28,808 397 Pelican Hills Golf Course 126,687 499 Coast Supply Line Relocation, Irvine 687,672 f: \mhold \gci \joblist \finished.gci 6of10pages * C I CONSTRUCTION, INCP FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT Continued..... 519 Hick's Canyon Channel 3,476,243 546 East Foot Bypass 1 81,601 551 Temporary Bypass— Lower Peters Canyon 88,578 IRVINERANCH WATER D ISTRICT 387 Pump Station 575,795 15600 Sand Canyon Ave. Irvine, 92618 (714) 453 -5300 KNOTT'S BERRY FARM 119 Various Grading & Improvements 734,000 8039 Beach Blvd. 121 Various Grading & Improvements Buena Park, CA 90620 144 Storm Drain Improv. (714) 220 -5228 161 Parking Improvements 185 Dolphin Park Improv. 315 Landscape Maint. Grading 45,591 389 Grand Ave. Parking Lot 373,490 407 Spirit Lodge 293,855 426 Steak House 62,986 431 Fiber Optics Phase IIA 565,061 442 Farmwide Communications 171,361 468 Rotoshake 175,898 512 Virginia Warehouse Remodel 97,681 514 Electrical Substation 17,936 515 Jelly Factory 52,385 530 Jelly Factory Emergency Sewer 55,703 536 Knott's Berry Farm South Parking Lot 1,047,611 LAGUNA BEACH COUNTY WATER 339 Grading &Storm Drain Improvements 529 Various Repair Projects 392,000 57,772 DISTRICT 306 3rd Street 550 EWT Install Valve 3,497 Laguna Beach, CA (714) 494 -1041 LAIDLAW GAS RECOVERY SYSTEMS 324 Grading Improvements 329 Sewer & Water 449,532 857,000 39899 BallentineDr., Ste. 275 Newark, CA 94560 334 Methane Gas Header 238,000 336 Landscaping 71,000 346 Realignment of Sewer, Water & Gas Line 161,189 352 Pump Station 95,083 391 Pump Station _ 44,805 _ LAKE ELSINORE UNIFIED SCHOOL 369 Temescal Canyon High School 309,223 DISTRICT 545 Chaney Street Lake Elsinore, CA 92330 f:\mhold\gci\joblist\finished.gci 7 of 10 pages qA C I CONSTRUCTION, INC� FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT LOS ALISOS WATER DISTRICT 110 Grading & Site Improvements 95,000 P.O. Box 699 343 Rough Grading 817,434 El Toro, CA 92630 LOS ANGELES COUNTY DEPT. OF 1 371 Eaton Wash Spreading Grounds 373 SchabarumRegional Park 893,734 790,116 PUBLIC WORKS, MISC. DEPT. 900 S. Fremont Ave. ( 398 San Dimas Reservoir ! 797,640 Alhambra, CA 91803 406 Kenneth Hahn Park 379,546 408 Santa Anita Debris Basin 261,343 434 Morgan Debris Basin 338,377 439 Rio Hondo Spreading Grounds 913,201 MISSION VIEJO CHRISTIAN CHURCH 504 Grading Improvements 505 Backfill Walls 497,764 67257 27405 Puerta Real, Ste. 360 Mission Viejo, CA 92691 (949) 768 -0209 MOULTON NIGUEL WATER DIST. 510 Remedial Grading &Drainage East Aliso Creek l OMG Reservoir 76,467 27500 La Paz Road Laguna Niguel, CA (949) 831 -2500 ORANGE COUNTY WATER DIST. 380 Santiago Basin Revegetation 402 Alamitos Barrier Injection Well 178,080 142,567 10500 Ellis Avenue Fountain Valley, CA 92708 ORANGE COUNTY EMA PUBLIC 340 Aliso Beach Front Improvements 344 OCEMA (Pelican Hill) 297,203 484,785 WORKS DEPT. P.O. Box 4048 347 Bee Canyon Landfill 165,992 Santa Ana, CA 92702 -4048 351 Portola Parkway Storm Drain 113,000 359 Santiago Canyon Landfill 507,089 PULTE HOME CORPORATION 337 Grading & Storm Drain Improvements 1,110,298 270 Newport Center Drive 345 Retaining Wall 33,731 Newport Beach, CA 92660 424 Storm Drain & Street Repair 27,286 (949) 721 -0622 __ _ _ _ __ _ RANCHOSANTAMARGARITA 381 Antonio Parkway 166,196 30211 Avenida de Las Banderas, Ste. 200 Rancho Santa Margarita, CA 92688 RANCHO SANTIAGO COMMUNITY 372 Parking Improvements 1,606,214 COLLEGE 17" Street at Bristol Santa Ana, CA 92706 f:\mhold\gci\joblist\finished.gci 8 of 10 pages 9 C I CONSTRUCTION, INC. FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CONTRACT CUSTOMER NAME & ADDRESS JOB 91 LOCATION AMOUNT REAL ESTATE DEVELOPMENT 183 Grading —Tract 11356, Lot 6 29,758 18302 Irvine Blvd., Ste. 360 303 Point Del Mar 70,000 Tustin, CA 92680 REGENTS OF THE UNIVERSITY OF 199 UCI Parking Lot No. 14 303 UCI Parking Lot No. 18C 145,000 110,000 CALIFORNIA AT IRVINE Irvine, CA 92717 313 Lot 6 & 80 Modifications 118,963 318 Unit 5 Site Grading 252,567 384 UCI Grading, Storm Drain 258,312 417 Erosion Control 18,803 433 Jamboree Widening 138,900 RITZ COVE DEVELOPMENT L.L.C. 506 Site 8 Grading & Improvements 1,190,782 33111 Pacific Coast Hwy. Monarch Beach, CA 92629 (949) 240 -2500 SADDLEBACK VALLEY 430 Saddleback Valley School District 25,050 SCHOOL DISTRICT SANTA MARGARITA CATHOLIC 490 Grading Improvements 393,277 HIGH SCHOOL SOUTHERN CALIF. WATER 494 105,348 COMPANY STANDARD PACIFIC _ 327 Bike Way Drains 13,500 1565 W. MacArthurBlvd. 349 Retaining Walls 122,699 Costa Mesa, CA 92626 (714) 546 -1161 ___ STATE OF CALIFORNIA DEPT. 108 El Pescador State Pazk 63,000 OF PARKS AND RECREATION 112 Topanga State Park 14,400 2422 Arden Way, Ste. A -1 Sacramento, CA STATE OF CALIFORNIA 429 Pavement/Drainage 149,800 1111 Howe Ave., Ste. 650 Sacramento, CA TAISEI CONSTRUCTION 480 Monarch Beach Storm Drain Phase I 138,839 301 E. Ocean Blvd., Ste. 400 480 Monarch Beach Storm Drain Phase II 220,000 Long Beach, CA 90802 491 Monarch Beach Golf Course Street & Park 222,240 (310) 432 -5020 Improvements f:\mhold\gci\joblist\finished.gci 9 of 10 pages 9 C I CONSTRUCTION, INC • FORMERLY: GILLISPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 1999 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT TRABUCO CANYON WATER DISTRICT 535 Santiago Canyon Road 321,749 32003 Dove Canyon Drive Trabuco Canyon, CA 92678 (949) 858 -0722 — UNIVERSITY OF IRVINE i 525 Faculty Management Grounds 32,479 125 Interim Office Building Irvine, CA 92697 -5444 j (949) 824 -6958 j WATT HOMES 531 Mandalay /M02- VistaPacificaBox Crossing 104,611 10737 Laurel Street, Ste. 280 I Rancho Cucamonga, CA 91730 (909) 481 -7700 WESTERN INDUSTRIAL 342 Raymer Avenue Street Improvements i 136,008 3325 Pico Blvd. Fullerton Los Angeles, CA f: \mhold \gci \joblist \finished.gci 10 of 10 pages 0 • PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of prjJ+ ) �-- IoL*A 1�1Y1gjrH- , being first duly sworn, deposes and says that he or she is S1en?Iz 3V TreAZofer of CSC' I (bbSfrU�ioyl,ziy ., the party making the foregoing bid; thaTthe 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. 1 declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 90-1 3k Bidder Autho e-d Signature/ Title FlOya n sae.. rezS. Subscribed and sworn to before me this day of ary Public My I �* JANET L. RUSSELL Comm. A 1166123 N N NOTARY PUBLIC - CALIFORNIA Orange County 0 9 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 CONTRACT THIS AGREEMENT, entered into this 11th day of April, 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: 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION and 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS Project Description 3245 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3245, 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. 0 PAGE 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 five hundred twenty -four thousand, two hundred eighty-eight and 00/100 Dollars ($524,288.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 CONTRACTOR GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 (714) 957 -0233 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 • i PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 0 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 ►- L-1 r-] 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. 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. 0 Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: �T7�dt CLERK AS TO FORM: CITY OF NEWPORT BEACH A Municipal C rporation M- GCI Construction, Inc. Im CALIFORNIA MF At.1 - PuRPOsIi CERTIEICATF -OI' ACKNOWI.ED(iMF.N'I' Stateuf _63(i�o-rnia County of c 282Q6U On Yl beforenne, l(XT�.IPUS�ri�/�o(arG� Vale Name, 1111e • e.k., phen Uw•. Notam Pubh— a &i personally appeared 121rrW T-') . I�e— Name(+) ,1t Signi-N(s) J4 Personally known to Inc OR ;.J Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /art 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 signature(s) on the instrument the person(s), or the entity upon behalf of which JANET L. RUSSELL Comm. N 1166123 NOTARY /LIC V1 the person(s) acted, executed the instrument. / " PU - CALIPORW Olenpe County / My Comm. Ex Ira Dec. 21,2001 signulum i Wnan r"111i- U (0 � � • 12 -21 -d I ,rat Prim Nnta '.. Name. Gxm1r in x hie h LWIR11"Mmm and 0,11tatin"M "Plnm.n nalr OPTIONAL The data below is not required by law, however it tray prove valuable to persons relying on the document and could prevent fraudulent reattachment ojthis form. SIGNATURE AtrrHORI'I'Y OF SIGNER: VtisC_RIPTION OF A'ITAcm:D Do(uMENT (, INWVIDOAI. ,) CORPORA'1'EE OI'I'I('Lk(S) rae,ni TITLE. OR TYPE OF DOCVMEN "1' (J PARTNER IJ LlArlr!•:!A _ _ ❑ iiF.'Nh.'NAL ___ NU`IBEk OF PAGES U Al"rokNEl•- IN- FAE-1' U TRUSTL'E(S) O GUARDIAN /CONSERVATOR DATE of Do('t 1 \1ENT Ll UTIII:R: _ SIGNER(s) OTHER THAN NAMED ABOVE: %lAA1f.(5) (1F P(:RSfIN(S) OR �„ \TITY(IES) $IfN[R IS REFRESE \TI \C: j] nna.ihi,.•.I kour.L -r fn..n a.....,..,. C., ..,...d k ..... A... Ye1R(11.1U11 KAA _m&Dr. CERTIFICA "O; OF LIABILITY INSUWC1rwFID SG DATEIMM/DWYYI ICO -1 Os /16/00 James Econn & Co. Insurance CA License #0340047 0,45 S. Figueroa St., 36th Fl. Los Angeles CA 90071 -1602 Phone:213- 629 -3131 Fax:213- 629 -4440 INSURED GCI Construction, Inc., at al, ATTN: Debbie Elmer 245 Fischer Avenue, B -3 Costa Mesa CA 92626 COVERAGES 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 INSURERA: Caliber One INSURER B: General Security INSURER C: Frontier Insurance INSURER D: Generali THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR TYPE OF INSURANCE POLICY NUMBER DATE MM /DDI 1�I DATEYDf EXPIRATION LTR LIMITS GENERAL LIABILITY : EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 1, CGO- 001329 -01 04/01/00 04/01/01 FIRE DAMAGE (Anyone fuel S 50,000 CLAIMS MADE X OCCUR MED EXP (Any one person) S _ -X Contractual Liab.: _PERSONAL B ADV INJURY X1,000,000 X'. Broad Form PD GENERAL AGGREGATE $2,000,000 �GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG 51,000,000 . POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1, 000,000 D X ANY AUTO 1000002121 04/01/00 04/01/01 (Ea accident) ALL OWNED AUTOS I BODILY INJURY i$ - — (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ — (Per accident) X - NON -OWNED AUTOS PROPERTY DAMAGE $ —- - -° — I (Per accident) AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY ! ANY AUTO .OTHER THAN EA ACC S -- - AUTO ONLY AGG _ $ EACH OCCURRENCE S 2000000 .EXCESS LIABILITY B X OCCUR CLAIMS MADE CE9000043 04/01/00 04/01/01 AGGREGATE :s2000000 — $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND _ X TORY LIMITS- ' ER' _ CEMPLOYERS'LIABILITY W202301016 I 0I/01/00? 01/01/01 E.L. EACH ACCIDENT 51,000,000 - E.L. DISEASE - EA EMPLOYEE $ 1, 0 0 0 , 0 0 0 E.L. DISEASE - POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATION SILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS See Additional Insured Endorsement. This insurance is primary and non- contributory source of recovery as per the terms of Contract #3245. Waiver of subrogation rights are provided for under the Workers Compensation policy. * *Parental Guaranty provided by Admitted Insurer PMA Reinsurance Co. A +VIII * 10days notice for non - payment of premium. ctK l Hr H,A IC I1VL.uCR T ADVI �IVnr�L City of Newport Beach Public Works Department Attn: Lloyd Dalton 3300 Newport Boulevard Newport Beach CA 92663 c CITYNEW I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL EmXOR11127® MAIL 30* DAYS WRITTEN N ICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTXXKXNKXNZM 8D SHALL POSE NO OBLIGATION OR LIAjj6LTyOF ANY KIND UPON THE INSURER, ITS AGENTS OR 05/15/00 MON 15:52 FAX 818 9925870 Bass and Associates Inc. 444 Econn Q003 Sent By: Forte; 415 445 7196; May -100 11:47Ad; Page 515 NAY -15 ^o0 10:07AM FROM- FRONTIER IItSURANLE GROUP +6115155115 T•70 P.02/02 F -203 WORKERS COMPENSATION AND EMPLOY9RSUAB11.1TY INSURANCE POt1CY WC 04 03 0$ WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS EPI,CIORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this .t olvy. We will not enforce our right against the person Or organization named in the Schedule. (This agreement api CE4; only to the extent that you perform work under a written contract that requires you to obtain this agreement from u 5.; You must maintain payroll records accurately segregating the remuneration of your emplc y eis while engaged In the work described in the Schedule. The additional premlumfor this endorsemont Shall be % of the CatHomia works.,! compensation prefnium otherwise due on such remuneration. &CREDUL.E PERSON OR ORGANIZATION JOB DESCWTION CITY OF NEWPORT BEACH, CA CONTRACT ( #3245 32N.) E;TR &ET /NEWPORT BLVD REHABILITATION AND 3071r'N$WPORT BLVD STREET S01JTH DRAIN 1M?ROVEMECO.E)., cwAV+r w r 05/15/00 MON 14:57 1TX /RX NO 72121 16003 C` ENDORSEMENT O C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 1/1/00 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 b cln.mnity Company C01.E67 (01/98) Page 1 of 1 0 POLICY NUMBER: 1000002121 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies Person(s) or organizations) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04/11/00 Countersigned By: Named Insured: GCI Construction, Inc., et al Authorized Representative) SCHEDULE Name of Persons) or Organization(s): City of Newport Beach, its officers, officials, employees and volunteers as per the terms of the 32adStreet/Newport Boulevard Rehabilitation and 30'/Newport Boulevard Street Storm Drain Improvements - Contract No. 3245 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. As per contract provisions the City, its officers, officials, employees and volunteers 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; and /or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall not contain any special limitation on the scope of protection afforded to City, its officers, officials, employees or volunteers. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 13 POLICY NUMBER: CGO- 0013-01 LAMERCIAL GENERAL LIABILITY CG 20 1010 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees and volunteers as per the terms of the• 32ndStreet/Newport Boulevard Rehabilitation and 30i° /Newport Boulevard Street Storm Drain Improvements - Contract No. 3245 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section Iq 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 ongoing operations performed for that insured. As per contract provisions require the City, its officers, officials, employees and volunteers are 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. The coverage shall not contain any special limitation on the scope of protection afforded to City, its officers, officials, employees or volunteers. CG 20 1010 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 11 13 rI FACSIMILE TRANSMISSION FROM JAMES ECONN & CO. INSURANCE 445 South Figueroa Street, 36th Floor, Los Angeles, CA 90071 -1602 CA LICENSE NO. 0340047 FACSIMILE PHONE: (213) 629 -4440 TELEPHONE NO.: (213) 629 -3131 TO: Shauna Oyler COMPANY: City of Newport Beach FAX NUMBER: 949 - 644 -3311 FROM: Suseela Gupta DATE: May 16, 2000 RE: Contract No: 3245 - 321 Street/Newport Boulevard Rehab Job Revised Insurance Contracts NUMBER OF PAGES SENT INCLUDING COVER PAGE: 6 Ms. Oyler - I am faxing but will forward by mail the original certificates of insurance that indicate the amendments as required under the contract. Rather than just the amended documents I have refaxed the whole package. Included are: (IG; IIF) Primary and Non Contributory Wording under General & Auto Liability (IIID) Waiver of subrogation under Workers compensation policy. call me if any additional modifications are neccessary. Gupta JECA45 (Rev. 2/98) �� original document to follow by mail if box checked -- ,MAY -17 -00 WED 09:01 AM 05/16/00 17:11 PUSWORKS d 917149391654 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX N0. 0 RECEIVEDe MAY 1 :' 2000 ZAHCRYIN UNIT P, 01 N0.267 D01 Fax COVER SHEET DATE: �` oZOYU FAX NUMBER: 714. 939.1654 COMPANY: C4LSURANCE ATTENTION OF , y oua FROM: / '-%4SRAU /4 OVLER FAXED BY: ShagQ6 PHONE NUMBER: (949) 644 -9711 NUMBER OF PAGES INCLUDING COVER SHEET. COMMENTS: PLEASE APPROVE ASAP FAX NUMBER: (649) 644.9916 71115 C:&VMPKRM /fpVF NUlc� yap, Please Notify Sender NTransmission Is Incomplete. r 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 32nd STREET /NEWPORT BOULEVARD STREET REHABILITATION AND 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3245 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, understands the alternate bid proposals stated above, has carefully examined the Plans and Special Provisions, and hereby proposes to furnish all materials and perform all work required to complete Contract No. 3245 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 Lump Sum Mobilization @ lmlollars and Cents $ Per Lump Sum 2. Lump Sum Traffic Control @%1 d—V- JI Dollars /I and t a Cents $ 8 Per Lump Sum 3. Lump Sum Clearing and G ubbin * r2r7 US @ ke ars and g)/000" & Cents $ Per Lump Sum a PR2of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 500 C.Y. Excavation @ Dollars and no Cents Per Cubic Yard 5. 36,600 S.F. Cold Mill Existing Asphalt Concrete Pavement to 2 -Inch Thickness 410."' 20iddc), $ ,C�$ @ 1t9 Dollars and Cents $ $ -7-3_ Per Square Foot 6. 6,800 S.F. Cold Mill Existing Asphalt Concrete Pavement to Variable Thickness @ /to Dollars and C Cents $ -730 Per Square Foo 7. 4,100 S.Y. Crack Seal Existing Pavement and Install Pavement Fabric @ TIQ Dollars � / and l -O Cents $ Z. oU $ °o Per Square Yard 8. 910 Tons Construct Crushed Aggregate Base @TWeY}�G Dollars °O and / CSJ Cents $ Per Ton 9. 280 Tons Construct Asphalt Concrete Base Course or Full Depth Backfill @ Dollars and 60 Cents $ SUQO $ 40066-00 Per Ton 0 0 PR3of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1,225 Tons Construct 2 -Inch Minimum Asphalt Concrete Overlay @ VnY +J_z Dollars and 110 Cents $ q22 GO $ 514rEz 0a Per Ton 11. 320 S.F. Construct P.C.C. Driveway Approach @ye- Dollars and J e Cents $ 5.25 $ Per Square oot 12. 530 L.F. Construct P.C.C. Curb and Gutter, Type "A" with 2 -Foot Gutter @ I U JP i OOAk Dollars and n 0 Cents $ 21.00 $ 111 130.. 00 Per Linear Foot 13. 200 S.F. Construct P.C.C. Alley Approach and 'Fif4g Cents $ 5.50 $ 1,100.00 Per Square oot 14. 1 Each Construct P.C.C. Access Ramp @��PFF1tU►'(.11'ej1>C' %ollars and 10C Cents $ 5-70.0" $ 5-10•00 Per Each 15. 900 S.F. Construct P.C.C. Sidewalk @ Dollars and IISJ Cents $ Ig O° $ 3,W0.0d Per Square Foot 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 2 Each Construct 2 -Foot Wide P.C.C. Curb Opening @ U'( U Y t ollars and U Cents $ ?6.`° $ E&O-01, Per Each 17. 8 Each Adjust Manhole to Grade @ "Y Dollars and i10 Cents $ 3 -75,t0 $ 3rdop Per Each 18. 12 Each Adjust Water Valve \Monitoring Well y \Survey_Monument to Grade @ I flC2Q IIL]If�l 1'eA Dollars and Cents $ 1 $ 31720,00 Per Each 19. 57 Each Replace Traffic Signal Loop @T� i�l tWCi1�Ci Dollars and no Cents $ X00.00 $ 11466,00 Per Each 20. 1 Each Construct Opening Through Existing W'all @A fOO `fL Dollars and AG Cents $ V601"d $ 30— 00 Per Each 21, 1,140 L.F. Construct 36" Diameter R.C.P., 1500D @CM ItruKdKgd ;6C Dollars and (ly Cents $ 1O4.o1 Per Linear Foot 0 PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 64 L.F. Construct 15 Diameter R.G.P., 1500D with Concrete Backfill @ Dollars and nG Cents $ 2- °o $ 01%58100 Per Linear Foot 23. 340 L.F. Construct 18" Diameter R.C.P., 1500D with Concrete Backfill @ t1 I Dollars and !16 Cents $ q( $ 3�(o�lO,co Per Linear Foot 24. 6 Each Construct Junction Structure No. 1 @ 1nr�U�U Dollars and 66 Cents $ 3T_ $ !8 � —+W Per Each 25. 4 Each Connect Existing Storm Drain to Proposed Junction Structure @ {A? /lU►�(I i Dollars and Ao Cents $ 3qQ. 00 Per Each 26. " 9a4i - Abandon Existing Storm Drain, Plug 1-lJ( Za)(f0 End with Brick & Mortar, and Grout Abandoned Pipe with,,��1 Sack Slurry Ca qV�a 6idWDollars and Cents $ 5-700 °a 7( Per Each 27. 3 Each Construct Connection Assembly @ OUK n lT d(6 Dollars and IN Cents $ goo $ Per Each 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 5 Each Construct Curb Inlet Catch Basin with Filter and Local Depression @1e' Dollars and n6 Cents $_ Per Each 29. 1 Each Construct Curb Inlet Catch Basin with Manhole in Street per APWA Std. Plan 307 -2, Filter and Local Depression 1 IlA.l1'1J 1 J Dollars and n8 Cents $ toa+°O $ (Q� G•c° Per Each 30. 7 Each Remove Existing Concrete Apron and Existing Catch Basin Structure @ 1LU ill Dollars and ft Cents $ 390.° g 2,730.' Per Each 31. 1 Each Construct Tide Gate Structure� @2DdU5diit 7� Dolla __� sed' and �a Cents $ 1T $ 151700 -"4 Per Each 32. Lump Sum Construct Tide Gate, Operator, Controls and Electric Service @ l t) Y OV Doors /� and 1 0 Cents $ Z3_ Ot 00 O0 Per Lump Sum 33. 2 Each Plug End with Brick and Mortar @�I110NlfG1 ►t�A Dollars T�and na Cents $ zo&' $ % _ Per Each 0 0 PR7of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 1 Each Remove Portion of Existing 12" CMP and Connect Proposed 18" RCP to Existing 36" RCP @ I Dollars and Cents Per Each 35. 2 Each Relocate Existing Water Main @ T�„ I Dollars and ' l9 Cents Per Each 36. Lump Sum Dewateejn [� . =4ollars o and Cents Per Lump Sum 37. Lump Sum Traffic IISignal Modifications @ V� U90 40Q Dollars (tnn,^ and o Cents Per Lump Sum 38. Lump Sum Traffic Striping (, Y I n� IWtl�t - Dollars n and i lSN Cents Per Lump Sum 39. 8 Each Install Filter in� Existing Catch Basin @ filurCJrc!/ Dollars and r� o Cents Per Each $ Z�OUO,ov $ 000.°0 $ le uyuoo 0 0 U ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. Lump Sum Remove, Store and Reinstall Traffic Signs @ Dollars and An Cents Per Lump Sum 41. Lump Sum Sheeting, Shoring and Bracing @�V�XIIllX�IIUIf1�IDollars and R6 Cents Per Lump Sum 42. Lump Sum Construction Survey and Staking 1 @ 4 Ue44 Dollars and n0 Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Bidder's Bidder's V- $ $ 506d. °V i 1,,q Dollars $ 52-Y, Z8 °d And Total Price Cents 1(2- Bidder's Telephone Number_ L71 `Y) q 5% - 6233 Contractor's License No. & Classification 75535Za �1A // a �)-z-7-66 Date Dete: 03/23/00 Time: 02:00 PM Ta: 17145401149 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: March 23. 2000 TO: All Planholders • SUBJECT: 32 "D Street / Newport Boulevard Street Rehabilitation and 30th Street / Newport Boulevard Storm Drain Improvements Contract No. 3245 ADDENDUM NO. 1 NUMBER OF PAGES INCLUDING COVER SHEET. 2 Page: 002 -002 \\ MIS_ 1\ SYS \Users\PBW\Shared \Contracts\FY 99- 00192nd St Rehab -30th St Storm Drain C- 3245\Fax Planholders Addendum.doc G.re: 03!2 ? /00 Ti.: 02:00 PM Ta: 17145401148 P.g.: 001 -002 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT F 32 "d Street/Newport Boulevard Street Rehabilitation and 301h Street/Newport Boulevard Storm Drain Improvements Contract No. 3245 ADDENDUM NO. 1 Bidders shall propose to complete Contract No. 3245 in accordance with previously- issued Contract Documents, as modified by this Addendum: 1. Proposal Bid Item No. 26: Revise Quantity and Unit to read "Lump Sum ". 2. Plans Construction Note 27: Revise Quantity to read "Lump Sum" and provide slurry additives as needed to grout the entire abandoned pipe system. Construction Note 33: Relocate water mains under the new storm drains. ..................................................... ............................... Please execute and date this Addendum No. 1 and attach it to your proposal. Failure to do so may result in disqualification of your bid. 03.27 -00 Date (Signature on File) Lloyd Dalton Project Manager I have carefully examined this Addendum No. 1 and include full payment therefor in my Proposal. a 3 -27- 00 Date i /� PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS GRANT HOWALD ATHLETIC FIELD REHABILITATION PROJECT SECTION 3 CONTRACT NO. 3252 2 3 -3 INTRODUCTION 2 3 -3.2 PART 1 - -- GENERAL PROVISIONS 2 SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -5 PLANS AND SPECIFICATIONS 1 2 -5.3 Shop Drawings and Submittals 1 2 -5.3.3 Submittals 1 2 -6 WORK TO BE DONE 2 2 -9 SURVEYING 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4 -1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 3 OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Day 4 6 -7.4 Working Hours 4 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 5 7 -10 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -5 PERMITS 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.1 Cleanup and Dust Control 4 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Material in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 6 7 -10.6 Notice to and Residents 6 7 -15 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 7 9 -1.1 General 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 11 200 -1 200 -1.5 200 -1.5.6 SECTION 201 ROCK PRODUCTS 11 Sand 11 Play Sand 11 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1 Requirements 11 201 -1.1.1 General 11 SECTION 203 203 -1 203 -1.1 SECTION 212 0 BITUMINOUS MATERIALS PAVING ASPHALT General 1] 11 11 11 LANDSCAPING AND IRRIGATION MATERIALS 12 212 -1 LANDSCAPE MATERIALS 12 212 -12 Soil Fertilizing and Conditioning Materials 12 212.1.2.1 General 12 212 -125 Mulch 12 212 -1 A Plants 12 212 -1.4.1 General 12 212 -1.4.3 Shrubs 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -13 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 13 302 -5.4 Tack Coat 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 14 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 14 303 -5.1 Requirements 14 303 -5.1.1 General 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 14 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 14 308 -2.2 Trench Excavation and Backfill 14 308 -2.3 Topsoil Preparation and Conditioning 14 308 -2.3.2 Fertilizing and Conditioning Procedure 14 308-4 PLANTING 15 308 -4.1 General 15 308 -4.5 Tree and Shrub Planting 15 308 -47 Ground Cover 16 308 -4.8 Lawn Planting 16 308 -4.8.2 Seed 16 308 -4.10 Weed Abatement 16 0 P 308 -5 Irrigation System Installation 17 308 -5.2 Irrigation Pipeline Installation 17 308 -5.4 Sprinkler Head Installation and Adjustment 17 308 -5.4.1 General 17 308 -5.4.4 Sprinkler Head Adjustment 17 308 -5.6 Flushing and Testing 17 308 -5.6.1 General 17 308 -5.6.2 Pipeline Pressure Test 18 0 • SP 1 OF 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GRANT HOWALD ATHLETIC FIELD REHABILITATION PROJECT CONTRACT NO. 3252 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans P- 5171 -S; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 Edition, including Supplements; (4) the Standard Specifications for Public Works Construction, 1997 Edition, including Supplements, (5) APWA Standard Plans, (Latest Edition), and (6) the Work Area Traffic Control Handbook, 1996 Edition (W.A.T.C.H.). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00) each. Copies of the W.A.T.C.H. may be purchased at the Public Works Department for Six Dollars ($6.00) each. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, California, 92802, telephone (714) 517 -0970. Unless otherwise specified, 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 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.3 Submittals Add to the end of the second paragraph, "Products and materials that require submittals prior to their installations include soil amendment chemicals, fertilizers, ground cover materials, shrubs, all irrigation components, masonry block, chain link fencing, drainage system components, site furnishings, and any other items as required by the Engineer. Immediately after construction completion, the Contractor shall submit the following documents to the Engineer for approval and record. Final payment to the Contractor shall not be made until these documents have been received and accepted by the City: • 1. As -built blueprints which include the as -built location of: a. Routing of irrigation lines. b. Sprinkler control valves. c. Routing of irrigation control wiring. d. Quick coupling valves. e. Other related work as required by the Engineer. • SP 2 OF 18 2. Two (2) 3 -rings Operation and Maintenance Manuals that include: a. The Contractor's address and telephone number. b. List of installed equipment and the names and addresses of their respective manufacturers' local representatives. c. Catalogs and parts sheets of every type of installed materials, parts, and equipment. d. Operation and maintenance instructions of all installed equipment. e. Equipment spare parts lists and their respective manufacturer's information. f. Equipment and parts guarantee statements." 2-6 WORK TO BE DONE. Add to this Section, "The work necessary for the completion of this contract include: distribute construction notices to nearby residents; removals; excavation; grading; construct retaining walls; install chain link fencing; reconstruct A.C. paving; reconstruct P.C.C. driveway approach; construct P.C.C. pad and curb and gutter; ballfield turf preparation; hydroseed ballfield; install shrubs, trees, and ground cover; install irrigation system; install drainage system; install ballfield bases and pitching rubber; and complete other items of work as required by the Plans and these Specifications. 2 -9 SURVEYING 2.9.3 Surveying Services. Replace this Section with, "The Engineer will provide one- time construction staking as required to construct the improvements. Any additional staking or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the Engineer in writing two (2) 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. 3 -3.2.3 Markup. Replace this Section with," (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 • SP 3 OF 18 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. Add this Section, "All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all first -time testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When in the opinion of the Engineer, additional tests and re- tests are necessary due to failed tests or inspections, such tests and inspections shall be paid for by the Contractor." 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 by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to the pre- construction meeting. Such schedule may be bar chart or CPM style. The Engineer will review the schedule and if the work falls behind the approved schedule, the Contractor may be required to submit a remedial schedule, showing how he will meet the time of completion requirement. The Contractor shall schedule and conduct his work in a manner as to minimize the length of time that the field will be closed to the public." 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this Section, 'The Contractor shall complete all construction work within forty (40) consecutive working days. • SP 4 OF 18 It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. The ninety (90) calendar days plant establishment and maintenance period shall commence immediately after all construction work has been completed. By submitting a bid, the Contractor has reviewed and agreed to adhere to the following approximate schedule: • Bid opening: March 23, 2000. • Contract award: April 11, 2000. • Start construction work: April 24, 2000. • Complete construction work: June 16, 2000. • Start plant establishment and maintenance period: June 17, 2000. • End plant establishment and maintenance period: September 22, 2000." 6 -7.2 Working Day. Revise "3)" of this Section to read, "any City holiday, defined as January 151 (New Year), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th (Independence Day), the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), the Friday after Thanksgiving, December 25th (Christmas), December 24th (Christmas Eve), and December 31st (New Year's Eve). If a holiday falls on a Sunday, the following Monday is a holiday" 6 -7.4 Working Hours. Modify this Section to read, "All construction work shall be limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and from 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. Fridays) up to 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m. Saturdays, he must first obtain special permission from the Engineer. A request for working during any of these after - hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs at the rate of $50.00 per hour when such time periods are approved." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Modify the second paragraph to read, "At the time of bid opening and until the completion of Work, the Contractor shall possess a General Engineering Contractor "A" License or a Landscape Contractor "C -27" License. Additionally, from the start and until the completion of Work, the Contractor and each subcontractor shall possess a valid City Business License issued by the City of Newport Beach Administrative Services Department. No work may proceed without the required valid City Business License." 7-8 PROJECT SITE MAINTENANCE. 7 -8.1 Cleanup and Dust Control. Add to this Section, "The work site shall be cleaned, barricaded, and "taped off' at the end of each day until the work is complete and ready for public use." • • SP 5 OF 18 7 -8.5 Temporary Light, Power and Water. Add to this Section, "If the Contractor elects to use City water for the work, he shall arrange for a construction water meter and tender a $1,500 meter deposit for each meter with the City's Public Works Utilities Division at 949 West 16`" Street and at (949) 644 -3011. Upon return of the meter to City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this Section, "Surface runoff water containing mud, silt or other deleterious material 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 through storm drains and catch basins." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, "The Contractor shall repair, restore, or reconstruct all existing improvements disturbed or damaged by the Work which are not designated for removal. Such restoration work may include, but not limited to, plants and planters, shrubs, trees, irrigation components, electrical components, fences, concrete, asphalt concrete pavement, etc." Add to this Section, 'The Contractor is advised to keep records of the existing work site condition prior to the start of any construction work." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to the third paragraph of this Section, "The Contractor shall, at all times, maintain access through Iris Avenue 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 outside of the park site." 7 -10.3 Street Closures, Detours, Barricades. Modify this Section to read, 'The Contractor shall submit ballfield and parking lot closure plan(s) to the City at least five (5) working days before the pre- construction meeting. Such plans, if submitted, shall conform with the W.A.T.C.H. and shall include provisions for each phase of the work. 1. The Contractor shall anticipate trespassers and school children at the site. 2. Emergency vehicle and personnel access shall be maintained at all times. 3. The location and wording of all barricades, signs, delineators, lights, warning devices, and any other details required shall assure that the park visitors will be handled in a safe and efficient manner with minimum inconvenience to the public. 4. All warning sign installations shall be reflectorized and /or lighted. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this Section, 'The Contractor shall be solely and completely responsible for the condition of the job -site, including the safety of all • SP 6 OF 18 persons and property during the performance of the work. The Contractor shall fully comply with all City, State, Federal, and other laws and ordinances, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer to conduct inspections, construction review, or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. Add this Section to read, "The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if the streets already have posted "NO PARKING' signs) which he shall post at least seventy - two (72) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department Parking Control Division at (949) 644 -3717 for verification of posting at least forty -eight (48) hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of the parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting." 7 -10.6 Notices to Nearby Residents. Add this Section to read, "Seventy -two (72) hours before the start of any construction, the Contractor shall distribute to all residents within 500 feet of the project, a written Notice stating when construction operations will start; what disruptions may occur; and approximately when the construction will be completed. The written Notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the Notices are distributed. Errors in distribution, false starts, inclement weather, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer." 7 -15 CONTRACTOR'S RECORDS /AS -BUILT DRAWINGS. Add this Section to read, "A stamped set of approved plans and specifications shall be at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be kept up -to -date and so certified by the Engineer at the time each progress payment request is submitted. Upon project completion, the Contractor shall provide the Engineer with an as -built copy of the Plans. The as -built plans shall be accepted by the Engineer prior to final payment or the release of any bonds. All contract records and documents shall be maintained in accord with generally accepted accounting principles and practices and be retained for at least five (5) years after the date of completion. The Contractor shall provide suitable facilities for access, inspection, and copying of such material by the Engineer." Ll • SP 7 OF 18 SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9 -1.1 General. Add to this Section, "In case of conflicting method of measurement between the City's Standard Specifications and the Caltrans Standard, the City's Standard Specifications shall take precedence." 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two of this Section to read, "The unit and lump sum prices bid for each item of work shown on the Proposal shall include the full compensation for the labor, materials, tools, equipment, and for performing all of the work required to complete the work in place as shown on the Plans and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, all preparation, and scheduling of materials and equipment, distribute notices to nearby residents, and other items of work as necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, preparation of traffic control and closure plans, signage, barricades, arrowboards, flagpersons, posting and prompt removal of "NO PARKING -TOW AWAY" signs, closure of ballfield and parking lot, installation and maintenance temporary fencing within the ballfield during the plant establishment and maintenance period, and all other work necessary to comply with the W.A.T.C.H. and other items of work as may be required by the Engineer. Item No. 3 Ballfield Turf and Planting Area Preparation: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to remove and dispose of all dead plants within the work limits, weed abatement, provide and install soil amendments, and prepare the work site for planting, and perform other items of work as required to complete the work as shown on the Plans. Item No. 4 Grading: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to grade the work site as required. Such work shall include excavation, import, export, disposal, retaining wall slope backfill and benching, compaction, and perform other items of work as required to complete the work as shown on the Plans. Item No. 5 Furnish and Install 3" PVC Pipe: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate the pipe trench, furnish and install the pipe, make pipe connections, back fill, compaction, pipe flushing, pressure testing, and perform other items of work as required to complete the work as shown on the Plans. • . SP8OF18 Item No. 6 Furnish and Install 4" PVC Perforated Pipe: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate the pipe trench, furnish and install the pipe, furnish and install filter fabric and crushed aggregates, furnish and install pipe sleeves, connectors and drain vents, make pipe connections, back fill compaction, pipe flushing, pressure testing, and perform other items of work as required to complete the work as shown on the Plans. Item No. 7 Furnish and Install No. 3 Catch Basin: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to trench, furnish and install the catch basin, make and seal the pipe /catch basin connection, backfill, secure the drain cover, and perform other items of work as required to complete the work as shown on the Plans. Item No. 8 Furnish and Install 24" X 24" Catch Basin: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to trench, furnish and install the catch basin, make and seal the pipe /catch basin connection, backfill, secure the drain cover, and perform other items of work as required to complete the work as shown on the Plans. Item No. 9 Furnish and Install 3" PVC Curb Drain: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to trench, sawcut and remove the existing PCC curb, furnish and install the pipe, make pipe connections, furnish and install curb drain pipe sleeves, backfill, compaction and perform other items of work as required to complete the work as shown on the Plans. Item No. 10 Furnish and Install 6" Perforated Drain Line: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate the pipe trench, furnish and install the pipe, furnish and install pipe connectors, make pipe connections, backfill, compaction, pipe flushing, pressure testing, and perform other items of work as required to complete the work as shown on the Plans. Item No. 11 Construct 18" Wide PCC Mow Strip: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, soil compaction, and perform other items of work as required to complete the work as shown on the Plans. Item No. 12 Construct Reinforced PCC Edge Strip: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, soil compaction, place reinforcing bars, and perform other items of work as required to complete the work as shown on the Plans. Item No. 13 Construct PCC Curb and Gutter: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, soil compaction, and perform other items of work as required to complete the work as shown on the Plans. Item No. 14 Reconstruct A.C. Pavement: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to sawcut, remove and dispose of the existing pavement, compact the existing subgrade and new aggregate base to a minimum of 95% relative compaction, tack coat all joining surfaces, and perform other items of work as required to complete the work as shown on the Plans. • • SP9OF18 Item No. 15 Reconstruct Aggregate Base: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to sawcut, remove and dispose of the existing pavement, compact the existing subgrade to a minimum of 95% relative compaction, and perform other items of work as required to complete the work as shown on the Plans. Item No. 16 Reconstruct PCC Drive Approach: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to sawcut, remove and dispose of the existing drive approach, furnish and place aggregate base, compact the existing subgrade and new aggregate base to a minimum of 95% relative compaction, steel plate and protect the new improvements from vehicle traffic until the concrete has cured to support vehicle loadings, and perform other items of work as required to complete the work as shown on the Plans. Item No. 17 Construct 4" Thick PCC Pad: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, soil compaction, install expansion joints, construct rounded edges, restore adjacent soil to level with the top of the new PCC pad, and perform other items of work as required to complete the work as shown on the Plans. Item No. 18 Construct 64" High Retaining Wall With 48" High Chain Link Fence: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, construct foundation, soil compaction, furnish and install reinforcing bars, grout masonry cells, make wall connections, backfill behind new wall, install water proofing behind new wall, install chain link fence, and complete other items of work as required to perform the work as shown on the Plans. Item No. 19 Construct 32" High Retaining Wall at Parking Lot Entrance: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, construct foundation, soil compaction, furnish and install reinforcing bars, grout masonry cells, make wall connections, backfill behind new wall, install water proofing behind new wall, and perform other items of work as required to complete the work as shown on the Plans. Item No. 20 Construct 24" High Retaining Wall: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, construct foundation, soil compaction, furnish and install reinforcing bars, grout masonry cells, make wall connections, backfill behind new wall, install water proofing behind new wall, and perform other items of work as required to complete the work as shown on the Plans. Item No. 21 Construct 16" High Retaining Wall at Parking Lot Entrance: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to excavate and dispose of excess soil, construct foundation, soil compaction, furnish and install reinforcing bars, grout masonry cells, make wall connections, backfill behind new wall, install water proofing behind new wall, and perform other items of work as required to complete the work as shown on the Plans. • • SP 10 OF 18 Item No. 22 Install 48" High Chain Link Fence: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to remove and dispose of existing post and chain, construct fence foundation, soil compaction, and perform other items of work as required to complete the work as shown on the Plans. Item No. 23 Furnish and Install Ballfield Bases and Pitching Rubber: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to install City furnished brick dust, furnish and install base, pitching rubber, and home plate per Plan Details, and perform other items of work as required to complete the work as shown on the Plans. Item No. 24 Furnish and Install New Irrigation System: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make water connection, furnish and install backflow preventer and enclosure, furnish and install irrigation controllers, lines, valves, sprinkler heads, and wirings, pressure test system, adjust coverage as required, provide system operation manuals to the City, train City personnel on system operations, and perform other items of work as required to complete the work as shown on the Plans. Item No. 25 Furnish and Install Hydroseed Turf: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to prepare the graded ballfield for hydroseed, hydroseed ballfield, and perform other items of work as required to complete the work as shown on the Plans. Item No. 26 Furnish and Install 5- Gallon Shrub: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make planting pits, provide and place mulch, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 27 Furnish and Install 1- Gallon Shrub: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make planting pits, provide and place mulch, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 28 Furnish and Install 24" Box Tree: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make planting pits, provide and place mulch, soil amendments, fertilizers, and plant vitamins, provide plant watering until the start of plant establishment and maintenance period, tree staking, and perform other items of work as required to complete the work as shown on the Plans. Item No. 29 Furnish and Install Annual Nursery Stock: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make planting pits, provide and place mulch, soil amendments, and fertilizers, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. i SP 11 OF 18 Item No. 30 Furnish and Install Ground Cover: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make planting pits, provide and place mulch, soil amendments, and fertilizers, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 31 90 -Day Plant Establishment and Maintenance Period: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to provide weed abatement, maintain healthy turf and plant growth, turf mowing, replace all unhealthy and /or dead plants and turf, and perform other items of work as required to complete the work as shown on the Plans. 9 -3.2 Partial and Final Payment. Add to this Section, "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 -- -ROCK MATERIALS 200 -1 ROCK PRODUCTS 200 -1.5 Sand 200 -1.5.6 Play Sand Play sand shall be non - compact washed plaster sand as supplied by D. Mario Building Supplies, 310/923 -9292. The Contractor shall supply a sample to the Engineer for approval. Any existing sand, which is stockpiled for re -use, shall be approved by the Engineer for re -use before reincorporating the material into the project. 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." SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General. Add to this Section, "All asphalt concrete used on the work shall be III- C3 -AR- 4000." • SP 12 OF 18 SECTION 212 - -- LANDSCAPING AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.2 Soil Fertilizing and Conditioning Materials 212 -1.2.1 General Add to this Section the following, "Fertilizing materials shall be delivered to the work site in their original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to State Laws. The Contractor shall retain all containers, bags, etc., on site until otherwise directed by the Engineer. 212 -1.2.5 Mulch Replace this Section with the following, "Mulch shall be walk - on -bark consisting of a fibrous, woody bark mixture of varied particle size. The mixture's size distribution shall be as follows: 90% to 100% passing a 1 -inch sieve, 80% to 100% passing a'h inch sieve, and 20% to 60% passing a' /< inch sieve." 212 -1.4 Plants 212 -1.4.1 General Add to this Section the following, " 1. The Contractor shall notify the Engineer at least five (5) working days in advance of plant materials delivery. Each delivery shall be itemized for the Engineer's record. 2. Plants shall be delivered with legible identification labels. Containers of like shrubs and ground cover materials shall be bundled and labeled with the correct plant names and sizes. 3. All plants shall be handled and stored in a manner that will adequately protect them from drying out, windburn, or any other injuries. 4. Care shall be exercised in the handling of plant materials. All damaged materials shall be replaced at the Contractor's sole expense and no additional compensation shall be made by the City. 5. All plant materials that would not be planted within four (4) hours after their removal from the containers /flats shall be protected and maintained in a healthy and vigorous condition." 212 -1.4.3 Shrubs. Replace this Section with the following, "Plant materials shall be verified as stated on the Plans. Container stock shall have been grown in containers for at least one (1) year, but not more than two (2) years, and their roots shall not have been confined nor root - bound. The sizes of the plants provided by the Contractor shall be as specified on the Plans, and are pre - pruning measurements with the branches in normal position. Larger plants may be substituted for smaller plants upon approval from the Engineer. Such plant size substitution shall be made at the Contractor's sole expense and no additional compensation shall be made by the City." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 13 OF 18 300 -1.3.1 General. Replace this Section with, 'Removed pavement and unsalvageable material shall become the property of the Contractor and be disposed of at the Contractor's expense in a manner and at a location acceptable to the agencies. All removal and disposal costs shall be included in the unit price bid for that item of work. The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. Unless otherwise specified elsewhere in this contract, non - reinforced concrete and asphalt wastes generated from the job site 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 with, "Sawcutting of edges to be joined with existing A.C. pavement is required." (b) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of 2 inches and replace the words 1 '/2 inch" of the last sentence with the words "2 inches." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.4 Tack Coat. Add to this Section, "Prior to placing asphalt concrete, a tack coat of Grade SS -1h asphaltic emulsion at a rate not to exceed 1/10 of a gallon per square yard shall be uniformly applied to the existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." • • SP 14 OF 18 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements. 303 -5.1.1 General. Add the following to this section, " 1. The Contractor shall not begin any removal work within existing walks or driveways unless the removed areas can be reconstructed and barricaded to protect the public by the end of same day. 2. All P.C.C. pads and walks shall be at least 4 inches thick unless otherwise shown on the Plans. 3. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade or on top of 95 percent relative compacted 4 -inch thick aggregate base. 4. All forms shall be removed and all damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 24 -hours following concrete placement. 5. P.C.C. work subject to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has been sufficiently cured. The Contractor shall detour traffic around such work until the work is ready for public use." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 308 -2.2 Trench Excavation and Backfill Replace the last paragraph with, " 1. The Contractor shall not backfill the trench until all required tests have been successfully performed and witnessed by the Engineer. 2. The Contractor shall initially backfill trenches only with granular materials. No particles larger than '/2 inch diameter shall be used as part of this initial backfill. 3. Flooding of trenches will not be permitted. 4. The Contractor, at his sole expense, shall make all necessary repairs as needed to correct all trench settlement damages including, but not be limited to, pipes, valves, sprinkler heads, lawn, plantings, and other affected improvements." 308 -2.3 Topsoil Preparation and Conditioning 308 -2.3.2 Fertilizing and Conditioning Procedure. Add to this Section with, " A. After the proper finished grades have been established, the soil shall be conditioned and fertilized in the following manner: L • SP 15 OF 18 1. Planting areas with slopes of 2:1 or steeper shall not be soil prepared. 2. In all planting areas with gradients less than 2:1, or as indicated on the plans, a layer of soil amendments shall be uniformly spread and cultivated by means of mechanical tiller into the top 6 inches of soil so that the soil shall be loose, friable, and free from rocks, sticks, and other object undesirable to planting. 3. The following soil amendments shall be added per 1,000 square feet to all planting areas with gradients less than 2:1: Organic amendment, 2 cubic yards Ammonium Sulfate (21 -0 -0), 5 pounds Single Superphosphate (0- 20 -0), 4 pounds Agricultural Gypsum, 100 pounds Potassium Sulfate (0- 0 -50), 3 pounds" 308-4 PLANTING 308 -4.1 General. Replace this Section with the following, " 1. The Contractor shall only plant when weather and soil conditions are optimum, and approved by the Engineer. 2. The Contractor shall layout the planting areas with flagged grade stakes. The grade stakes shall contain the plant name and the specified plant size. Each plant species shall be flagged by its own different colored flags. 3. The plant locations and the outlines of planting areas shall be identified and approved by the Engineer before any plant pits are dug. 4. The Contractor shall only distribute as many plants as can be planted and watered that same day. 308 -4.5 Tree and Shrub Planting. Amend this Section with the following, " 1. The Contractor shall not use any imported materials without the Engineer's prior approval. 2. All planting excavations shall be shaped with vertical sides. Circular and flat bottoms shall be used for canned materials. 3. Cans shall be cut on two sides with approved can cutter only, and without injury to the rootballs. Edge roots shall be cut with a sharp knife on three sides after the plant has been removed from the can. Plastic containers do not require cutting. 4. Plants shall be centered in the pit or the trench. Face plants with fullest growth into prevailing wind. Plant plumbs shall be set and held rigidly in position until the soil mix has been tamped firmly around the ball or the roots. 5. The plant containers shall be removed before planting. 6. Raise all plants that have settled deeper than the surrounding grade. After the settled plant has been re- positioned, add sufficient backfill to the pit to cover • • SP 16 OF 18 approximately '/2 of the root ball. Then add water to the top of the rootball and thoroughly saturate rootball and the surrounding soil. 7. After the water has been completely drained, three (3) planting tablets shall be placed for each 1- gallon container plant. 8. Place the planting tablets 3 inches below the surface along the side of the root ball. Backfill the remainder of the pit and firm tamp the soil mix. Construct a basin with amended backfill around each plant after backfilling. The basin shall have sufficient depth to hold at least 2 inches of water. Remove all basins within turf areas at the end of the maintenance period. 9. The Contractor shall apply water to each tree and shrub immediately after planting. Sufficient quantities of water shall be applied to the plants as required by seasonal conditions to keep the planted areas moist below the root system. 10. The Contractor shall not compact the planting areas when delivering plants or other materials to the work site. 11. The Contractor shall incorporate into the site grade all excess soil generated by planting pits that will no be used for backfilling." 308 -4.7 Ground Cover. Amend this Section with the following, " 1. Grow ground cover in flats until transplanting. Soil in flats must contain sufficient moisture so it will not break apart when lifting plants. 2. The ground cover shall not be allowed to dry out before or during planting. Their roots shall not be exposed to the air except during planting. Wilted plants shall be replaced and not planted. 3. Ground cover shall be planted in straight rows, evenly and triangularly spaced, and at the intervals specified on the Plans. 4. Each rooted plant shall be planted with at least 2 cubic feet of flat soil, Each plant shall be watered immediately after planting, and until the entire area within 5 square feet of the root has been soaked to the full depth of each pit. 5. The Contractor shall protect each and every plant from damage and trampling at all times. 6. Top dress all ground cover and shrub areas with a minimum 1 -1/2 inch layer of approved mulch. 308 -4.8 Lawn Planting 308 -4.8.2 Seed. Replace the first sentence of this paragraph with, "Lawns shall be seeded per Method 'B'." 308 -4.10 Weed Abatement. Add to this Section the following, " 1. If live perennial weeds exist within the work site at the beginning of work, the Contractor shall spray a City approved non - selective systemic contact herbicide in a manner as recommended by the product's manufacturer. Such chemical shall be E 0 SP 17 OF 18 applied by a licensed applicator. Sprayed plants shall remain intact for at least fifteen (15) calendar days. 2. All weeds shall be removed by either mowing or grubbing off all plant parts at least 2 inches below the soil's surface, over the entire area to be planted. 3. Pre -plant weed control: After the completion of soil preparation and the establishment of final grades prior to planting, the Contractor shall irrigate the planting areas for 3 weeks or until all weed seeds have germinated or as directed by the Engineer. Post emergent contact weed killer shall be applied when sufficient weeds have germinated. The Contractor shall allow two (2) additional weeks for the weed killer to dissipate before starting any planting operations. Residual foliage and roots shall be removed. Repeat as necessary. 4. The Contractor shall maintain the site weed free until the end of plant maintenance period. 308 -5 Irrigation System Installation 308 -5.2 Irrigation Pipeline Installation. Add to the end of the first paragraph the following, "PVC to metal connections shall only be made with PVC male adapters into metal female fittings. All PVC pipes and fittings shall be thoroughly cleaned of dirt, dust, and moisture for installation and solvent welding." Add after the first paragraph the following, "Plastic lines shall not have multiple assemblies. Each assembly shall have its own outlet." 308 -5.4 Sprinkler Head Installation and Adjustment 308 -5.4.1 General. Add to the end of the first paragraph the following, "The entire irrigation system shall be operating properly before the start of any planting operations." 308 -5.4.4 Sprinkler Head Adjustment. Add to the end of the first paragraph the following, "Adjust all sprinkler heads for optimum performance. Redirect sprinkler heads to prevent overspray outside of the construction limits." Replace the third paragraph of this Section with the following, "If it is determined by the Engineer that adjustments in the irrigation equipment will make the system more effective, the Contractor shall make the approved adjustments prior to planting. Such needed adjustments may include changes in nozzle sizes, degrees of arc, etc." 308 -5.6 Flushing and Testing 308 -5.6.1 General. Add to the end of the first paragraph the following, "The Contractor shall schedule with the Engineer at least 48 hours in advance of the required tests. The pressure and coverage tests shall be performed prior to plantings." • • SP 18 OF 18 308 -5.6.2 Pipeline Pressure Test. Replace this Section with the following, " 1. All pressure lines shall be tested under a 150 PSI of hydrostatic pressure. 2. All lines shall be watertight. 3. All pressure main lines shall be tested prior to the installation of electric control valves. 4. The pressure lines shall maintain pressure for at least four (4) consecutive hours. If the pressure lines develop leaks, the Contractor shall replace the joints and retest the system until the entire system has been proven watertight. 5. Pipes shall not be backfilled until they have been inspected, tested, and approved by the Engineer." • TO: Mayor and Members of the City Council FROM: Public Works Department (32I�I�� C.- 3 d H ,r� -Js� Apr 11,2000 CITY COUNCIL AGENDA__.., ITEM NO. 5 Aid I i I i SUBJECT: 32ND STREET / NEWPORT BOULEVARD STREET AND 30TH STREET / NEWPORT BOULEVARD IMPROVEMENTS -CONTRACT NO. 3245 RECOMMENDATIONS: 1. Approve the plans and specifications. APPROVED REHABILITATION STORM DRAIN 2. Award Contract No. 3245 to GCI Construction, Inc. for the Total Bid Price of $524,288.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $50,000.00 to cover the cost of testing and unforeseen work. 4. Authorize a transfer of $224,496.98 from Account No. 7012- C5100008 to Account No. 7012- C5100467. DISCUSSION: At 11:00 A.M on March 28, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low GCI Construction, Inc. 2 Sully - Miller Contracting Company 3 PALP, Inc. dba Excel Paving Company 4 R. J. Noble Company 5 Los Angeles Engineering, Inc. TOTAL BID AMOUNT $524,288.00 $567,815.00 $596,495.00 $668,504.55 $680,308.00* *Corrected total bid amount is $673,128.00 The low total bid amount is 8% below the Engineer's Estimate of $565,000. The low bidder, GCI Construction, Inc., possesses a General Engineering Contractor "A" license and has satisfactorily completed similar storm drain /street rehabilitation projects for the City and for other agencies. SUBJECT: 32ND STREETAORT BOULEVARD STREET REHABILITATION AND 30T" STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS —AWARD OF CONTRACT NO. 3245 April 11, 2000 Page: 2 PROJECT DESCRIPTION: This project provides for constructing a new storm drain system in 30th Street and Newport Boulevard that drains into the harbor, as shown on the attached Exhibit "A ". The new drain will replace a deteriorated and undersized system in Newport Boulevard that drains into The Rivo Alto Channel. The drainage is being rerouted in an effort to reduce the pollutants that are presently transported to channels surrounding Newport Island. The new drain will feature dual stage low flow filters at each of the six new catch basin inlets and at eight existing catch basins that will connect into the new system. These filters will collect many of the low flow pollutants that trickle into the Bay throughout the year. In addition, the project provides for constructing new curb and gutter along a substantial portion of Newport Boulevard to improve drainage; for rehabilitating and overlaying deteriorated pavement in Newport Boulevard and 32nd Street; and for modifying a traffic signal at 30th Street and Newport Boulevard. The plans and specifications were prepared by DL &A Engineering and Public Works staff. The contract stipulates that work shall not begin in Newport Boulevard or 32nd Street until after Labor Day, and that all work shall be completed within 65 working days thereafter. Liquidated damages are $500 per calendar day. Funds to award the contract and provide for testing and unforeseen work are available in the following appropriations: Description 32nd Street Reconstruction, Balboa Blvd. To Newport Blvd.; and Newport Blvd. Storm Drain, 301h St. to 32nd St. Storm Drain Improvement Program Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director ,%%' . P. . Design Engineer Attachment: Exhibit "A ", Project Location Map Exhibit "B ", Bid Summary Budget Amendment f: \users\pbw\ shared \council\fy99- 00\april -11 \30th st & newport c-3245.doc Account No. Amount 7181- C5100467 $349,791.02 7012- C5100008 $224,496.98 TOTAL $574,288.00 F 2Z U W LU i CO Q �a 00 3x W � Z Q LL 3 }o}u F� J u O0 a C o � rl J W I W E Y O W w s V U f = V ry V O 4 s° O N ° m m w <oo w O J Q o p p b O ce w0 K J p J J {0 O Co a 3 W FZ N O M q1 Q S W J CI 0 O 3 W Q f Z O vw z O z V, f ww wG LL; z w rJ m F V° w w E 0 w m a a f f 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 8 0 0 �ri 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 o c Z 0 o O M m h N m m O O V p W a M O� O O - O o 0 N 0 N 0 O P P O m m 'i P m P V1 V1 h O N P f� M �+ V � N rV p M N W 1� n ti W 1!1 �D N T M w F N N N P M Q f O O O �O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O M 0 0 O N N M 0 0 0 vt O of O Vf O O O O O O O O O O O O S O O O O N N M m M� P S Opp 0 0 yMj lP/1 O �O/1 �D N m O Omi N� O N O� O P O ni N Ui M N ti O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 Z O O O O O C O C N M V 0 N 0 N 0 O vt P m-I 0 f� vl O m w O C N 1� O P O C �O vt M P b O C N M O 1� 0 N C O O M n � N �O .y �p m m n N ti + N O m O O h m m P ti M ni -i W O W vi r P V ti Q V V 8 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 0 0 O O O O N M O O O O N O V1 O O O O O O O O O O O O O p O O O O O O O O N O O N vt N O P O vt O O O P N �D O p O O O O O Z O 0 0 C O 0 P N 1!1 P N N M M P I� m M O N O 0 O �+ b W O O P m O 1� O P O P O P m O CJ N w O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � �D o O 0 O 0 O� 0 N 0 0 N o �D N ry �0 vt N 0 b 0 N 0 V1 0 of 0 W 0 P 0 O N 0 P 0 O 0 O 0 P b"i 0 N 0 O 0 O 0 O 0 IF pp 0 0 r/1 0 O n IL VI Q P O O 1R O P GD N O ti P b .-i Vf ti W N O P L7 m w w c c �-+ O O N N 0 0 0 C 0 W O 0 0 0 :J O O 0 0 0 0 0 0 0 0 0 0 �D O vt P m vt N O .y O IA O In O V1 O -Q+ ia+i rQi -a+ Z J U VI VI Vl VI J !A W lA W W W W W J J J W W W F- r yJ yJ yJ O O N O Z M w Y Y O p d U J V qUq 2CT ' _Om�p d m L i V V 2 V N V V w m N 3 ¢ N ry T O Q O a N ti w Z a C L U IA W WL o E °1 c m E m u n a a a 0 E 3 ° J w w$ 3 v m 3_p 0 °n a a> U p m 3 J o C v G V 16 3~ �y Q� 30: ,V+ c 2 l7 v Q ¢ 5i F w �'_ ¢ gi m u Q U v 9 .o. in c m m m o cpp c o u'� u� 2 E V(� U v� VJ V$ 0 f w 0 e >> c -— a 2 V N c { W U ( E: W uroi o _w. 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A a } Q f N O m 32ND STREETINEAORT BOULEVARD STFIET REHABILITATION 41 BOULEVARD STORM ULJ I - MPROVEMENTS ST LIDO PENINSULA 1p Oity of Newport Beach 0 BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Description Increase Revenue Estimates Number 7012 Increase Expenditure Appropriations X Number Transfer Budget Appropriations SOURCE: Division Number 7012 from existing budget appropriations Account Number from additional estimated revenues 32nd Street Reconstruction Division from unappropriated fund balance EXPLANATION: NO. BA- 054 AMOUNT: $zza,63t.sz Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer $224.631.62 from the Strom Drain Improvement Program to 32nd Street Reconstruction. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Signed: Signed: Approval: Amount Increase Decrease $224,631.62 $224,631.62 Auto tk System Entry_ nistrative Services Director Date City Manager Date City Council Approval: City Clerk Date Description Division Number 7012 Drainage Account Number C5100008 Storm Drain Improvement Program Division Number 7012 Drainage Account Number C5100467 32nd Street Reconstruction Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Amount Increase Decrease $224,631.62 $224,631.62 Auto tk System Entry_ nistrative Services Director Date City Manager Date City Council Approval: City Clerk Date (W of Newport Beach # BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: �5 NO. BA- 064 AMOUNT: S22a,631.62 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance CH from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: ��p IM I I This budget amendment is requested to provide for the following: To transfer $224.631.62 from the Strom Drain Improvement Program to 32nd Street Reconstruction. Description Division Number ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (360 1) Fund/Division Account EXPENDITUREAPPROPRIATIONS (3603) Description Description Signed: Signed: Signed: Approval: Administrative Services Director City City Council Approval: City Clerk Amount Increase Decrease $224,631.62 $224,631.62 Date Date 11 /c, 7 Date Description Division Number 7012 Drainage Account Number C5100008 Storm Drain Improvement Program Division Number 7012 Drainage Account Number C5100467 32nd Street Reconstruction Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Services Director City City Council Approval: City Clerk Amount Increase Decrease $224,631.62 $224,631.62 Date Date 11 /c, 7 Date July 26, 1999 CITY COUNCIL AGENDA APPROVED ITEM NO. 15 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MITIGATED NEGATIVE DECLARATION FOR 32ND STREET /NEWPORT BOULEVARD STREET REHABILITATION AND 30T" STREET/ NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS, CONTRACT NO. 3245 RECOMMENDATION: Adopt the Mitigated Negative Declaration for the 32nd Street/Newport Boulevard Street Rehabilitation and 301h Street/Newport Boulevard Storm Drain Improvements Project DISCUSSION: The City's Capital Improvement Program includes the 32nd Street/Newport Boulevard Street Rehabilitation and 30th Street/Newport Boulevard Storm Drain Improvements . Project. The proposed project consists of the following: • Replacement of an existing deteriorated storm drain with a new 36 inch storm drain along Newport Boulevard between 30th Street and 3151 Street • Installation of a new 36 inch storm drain along 30th Street between Newport Boulevard and Newport Harbor • Installation of a new storm drain outlet into Newport Harbor at the eastern terminus of 30th Street • Resurfacing of the streets after the storm drain replacement is complete • Resurfacing of 32nd Street between Newport and Balboa Boulevards A Draft Initial Study for the proposed project was prepared pursuant to the California Environmental Quality Act. It was filed with the Governor's Office of Planning and Research State Clearinghouse for State review. The review period started on June 24, 1999 and concluded on July 23, 1999. The Draft Initial Study was provided to various agencies including the California Coastal Commission, Department of Fish and Game, Department of Health Services, Department of Parks and Recreation, Regional Water Quality Control Board, State Coastal Conservancy and State Lands Commission. The Draft Initial Study has determined that if the proposed conditions and mitigation measures are applied to the project's design and operation, the project will not have a • significant effect on the environment. The suggested mitigation measures can be incorporated into the plans and specifications for the project. SUBJECT: Mitigated Negative ration for 32nd StreeUNewport Boulevard Street Recitation and 30d Street/Newport July 26, 1999 Boulevard Storm Drprovements, Contract No. 3245 Page 2 Council adoption of the Mitigated Negative Declaration is a requirement prior to submitting an application for the California Coastal Commission Permit. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By:� Ed Wimmer Senior Civil Engineer Attachment: Draft Initial Study 0 f. \users\pbw\shared \coundl\fy99-00yuly- 26\32nd newport c- 3245.doc s DRAFT IRGATIVE DECL.ARATAN To: From: Office of Planning and Research City of Newport Beach X❑ 1400 Tenth Street, Room 121 Public Works Department Sacramento, CA 95814 3300 Newport Blvd Newport Beach, CA 92663 (Orange County) F-1 County Clerk, County of Orange Public Services Division P.O. Box 238 Date received for filing at OPR/County Clerk: Santa Ana, CA 92702 Public review period: June 24, 1999 —July 26, 1999 Name of Project: 32nd Street/Newport Boulevard Street Rehabilitation and 30' Street/Newport Boulevard Storm Drain Improvements Project Location: Newport Boulevard between 30th and 32nd Streets, 30th Street from Newport Boulevard to Newport Harbor, and 32nd Street between Newport Boulevard and Balboa Boulevard, Newport Beach Project Description: Please see attached Environmental Checklist Findine: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision - maker(s) prior to final action on the proposed project. If a public bearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and 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- 33111�1)-'.aa I f �G,!-�L.i Q'Gr/� Date 6 I ZI 79 Edward 4mmer, P.E. 0 0 ENVIRONMENTAL CHECKLIST 1. PROJECT TITLE: 32nd Street/Newport Blvd. Street Rehabilitation and 30th Street/Newport Blvd. Storm Drain Replacement 2. LEAD AGENCY NAME AND ADDRESS: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 3. CONTACT PERSON AND PHONE NUMBER: Ed Wimmer, P.E. Senior Civil Engineer City of Newport Beach Public Works Department 949 - 644 -3311 4. PROJECT LOCATION: Newport Boulevard between 32nd and 300' Streets, 32nd Street between Newport Boulevard and Balboa Boulevard, and 30"' Street from Newport Boulevard to Newport Harbor. (See Exhibit 1, Vicinity Map) 5. PROJECT SPONSOR'S NAME AND ADDRESS: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 6. GENERAL PLAN DESIGNATION: Mixed Commercial 7. ZONING: SP -6 (Cannery Village/McFadden Square Specific Plan) 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 proposed project consists of the following components: • Replacement of an existing deteriorated storm drain with anew 36" storm drain along Newport Boulevard between 300' Street and 31" Street City of Newport Beach Initial Study/Draft Negative Declaration 32 "d Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements Page 1 0 0 I! I• Q BAKER ST. U N ADAMS AVE. m ARAN m COAST z CITY OF COLLEGE ORANGE 00. srg CITY COSTA FAIRGROUND 0 z = MESA s g1 �PTST > OF IRVINE z LL VICTORIA ST. P �v UNIVERSI NEWPORT pe U 19TH < ST. �P ST BAY � U.C.I. .19 CITY F P� OF 87SON AVE \ Q r'W �P s' NEWP err, y�e 4 BEAC Sri R0. FORD \ Q4Q' sT P SAN RD. Ilk 5 i NPT. CENTE SAN SY D k� DRESER. RD. a � PROJECT LOCATION oh 1 VICINITY MAP NOT TO SCALE �� n Y 32ND ST./NEWPORT BLVD. STREET REHABILITATION AND 30TH ST. /NEWPORT BLVD. STORM DRAIN IMPROVEMENTS 0 • Installation of a new 36" storm drain along 30'h Street between Newport Boulevard and Newport Harbor 0 • Installation of a new storm drain outlet into Newport Harbor at the eastern terminus of 30th Street • Resurfacing of the streets after the storm drain replacement is complete • Resurfacing of 32nd Street between Newport and Balboa Boulevards Exhibit 2, Site Plan illustrates the locations of these project components. It is anticipated that project construction will occur over a period of approximately two months, between late September and November 1999. 9. SURROUNDING LAND USES AND SETTING (Briejly describe the project's surroundings): The project area and its immediate vicinity are characterized by mixed commercial, light industrial and scattered residential uses in the area generally known as Cannery Village (see Exhibit 3, Site Photos). 10. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (e.g., permits, financing approval, or participation agreement): The actions and approvals required to implement the project, which are part of this analysis, include the following: • Approval of plans and specifications by the Newport Beach City Council • Approval of a discharge permit from the Regional Water Quality Control Board • Approval of a Coastal Development Permit by the California Coastal Commission Other agencies having review or permit authority over the project may be identified during the environmental review process. City of Newport Beach . Initial Study/Draft Negative Declaration 32nd Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements page 3 32ND SIRIEWPORT BLVD. STREET REBILI19ION AND 30TH SUNEWPORT BLVD. STORM DRAIN IMPROVEMENTS LOCATION MAP NOT TO SCME • Insert Exhibit 3 — Site Photos City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd, Storm Drain Improvements Initial Study/Draft Negative Declaration Page 5 u I c: - a_ • ,u -o7 - st �: �. t .'� �� R� ?gyp` �4 � '.:1.L..:. - � __ � �� ! d. i T.. �N f � ��. �� : t � � �` t ;, Y �� ,`,� , 1 -,• ., ,r �Y ' 0 0 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. DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: F] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. IRI 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 an 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 ation measu s t t are imposed upon the proposed project, nothing further is requi / Signature Date Don Webb, P.E. Director of Public Works City of Newport Beach Initial Study/Draft Negative Declaration 32 "d Street/Newport Blvd. Street Rehabilitation and 3& Street/Newport Blvd. Storm Drain Improvements Page 6 L J • 0 Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Geology / Soils Hazards & Hazardous Materials H dm1Water ualit sand Use / Plannin Mineral Resources JNoise Po ulation / Housin Public Services Recreat Trans rlation / Traffic Utilities /Services stems MandatFindin sof Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: F] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. IRI 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 an 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 ation measu s t t are imposed upon the proposed project, nothing further is requi / Signature Date Don Webb, P.E. Director of Public Works City of Newport Beach Initial Study/Draft Negative Declaration 32 "d Street/Newport Blvd. Street Rehabilitation and 3& Street/Newport Blvd. Storm Drain Improvements Page 6 L J • 0 • • EVALUATION OF ENVIRONMENTAL IMPACTS . A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project - specific screening analysis). All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact ". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses ", may be cross - referenced). . Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify 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 Measures 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. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. City of Newport Beach Initial Study/Draft Negative Declaration 32 "" Street/Newport Blvd. Street Rehabilitation and 306 Street/Newport Blvd. Storm Drain Improvements Page 7 • 0 Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) The significance criteria or threshold, if any used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30t' Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 8 0 0 0 0 0 11 City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 9 Less Than Potentially significant Less Than No Issues Significant With Significant Impact Impact Mitigation Impact Incorporated L AESTHETICS. Would the proposah a) Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock X outcroppings, and historic buildings within a state scenic highway? C) Substantially degrade the existing visual character or quality of the site and its X surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or X nighttime views in the area? II. 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 prepared X pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non -a ricultural use? b) Conflict with existing zoning for X agricultural use or a Williamson Act contract? C) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to X non - agricultural use? III. AIR QUALITY. Where available, 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 X of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected X air quality violation? City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 9 • • City of Newport Beach 32"d Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 10 0 9 Less Than Potentially Significant Less Than No Issues Significant With Significant Impact Impact Mitigation Impact Incorporated 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 X standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial X pollutant concentrations? C) Create objectionable odors affecting a substantial number of people? X IV. BIOLOGICAL RESOURCES. Would the proj ect: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, X 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, X policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not X 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 resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such X as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? X City of Newport Beach 32"d Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 10 0 9 E 0 • 0 City of Newport Beach 32nd StreetlNewport Blvd. Street Rehabilitation and 30'" StreetfNewport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page I I Less Than Potentially Significant Less Than No Issues Significant With significant Impact Impact Mitigation Impact Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in X 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource X pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic X feature? d) Disturb any human remains, including those interred outside of formal cemeteries? X VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other X substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic- related ground failure, including X liquefaction? iv Landslides? X b) Result in substantial soil erosion or the X loss of topsoil? 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 result in on- X or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1 -B of the Uniform Building Code X (1994), creating substantial risks to life or roe ? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X City of Newport Beach 32nd StreetlNewport Blvd. Street Rehabilitation and 30'" StreetfNewport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page I I 0 0 City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 3& Street/Newport Blvd. Storrs Drain Improvements Initial Study/Draft Negative Declaration Page 12 • 0 0 Less Than Potentially Significant Less Than No Issues Significant With Significant Impact Impact Mitigation Impact Incorporated VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, X use or disposal of hazardous 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 environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one - quarter mile of an existing 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 65962.5 X and, as a result, would it create a significant hazard to the public or the environment? C) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or X public use airport, would the project result in a safety hazard for people residing or working in the project area? n For a project within the vicinity of a private airstrip, would the project result in a safety X hazard for people residing or working in the roiect area? g) Impair implementation of or physically interfere with an adopted emergency response X tan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are X adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER 0 UALITY. Would the P ro'ect: a) Violate any water quality standards or X waste discharge requirements? 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 table level (e.g., the production X rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 3& Street/Newport Blvd. Storrs Drain Improvements Initial Study/Draft Negative Declaration Page 12 • 0 0 i L_ J 0 0 City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30ih Street/Newport Blvd. Storm Drain improvements Initial Study/Draft Negative Declaration Page 13 Less Than Potentially Significant Less Than No Issues Significant With Significant impact Impact Mitigation Impact Incorporated 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 X 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 X substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned X stormwater drainage systems or provide substantial additional sources of polluted runoff? 0 Otherwise substantially degrade water X quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard X Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within 100 -year flood hazard area structures, which would impede or redirect flood X flows? i) Expose people or structures to a significant risk of loss, injury or death involving X flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X IX. LAND USE AND PLANNING. Would the rect: o a) Physically divide an established X m comuni ? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local X coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? " C) Conflict with any applicable habitat conservation plan or natural community X conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to X the region and the residents of the state? City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30ih Street/Newport Blvd. Storm Drain improvements Initial Study/Draft Negative Declaration Page 13 • 0 City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30' Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 14 0 0 Less Than Potentially Significant Less Than No Issues Significant with Significant Impact Impact Miligation Impact Incorporated b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or X other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in X the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome X noise levels? C) A substantial permanent increase in ambient noise levels in the project vicinity above X levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project X vicinity above levels existing without the ro'ect? 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 X public use airport, would the project expose people residing or working in the project area to excessive noise levels? t) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to X excessive noise levels? MI. POPULATION AND HOUSING. Would the rooect: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for X example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of X replacement housing elsewhere? C) Displace substantial numbers of people, necessitating the construction of replacement X housing elsewhere? City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30' Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 14 0 0 0 L _J 0 • City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30'h Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 15 Less Than Potentially Significant Less Than No Issues Significant With Significant Impact Impact Mitigation Impact Incorporated XIII. PUBLIC SERVICES. 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: a) Fire protection? X b) Police protection? X C) Schools? X d) Parks? X C) Other public facilities? X XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial X physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an X adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC. 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 in a X substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard X established by the county congestion management aeencv for desi nated roads or highways? C) Result in a change in air traffic patterns, including either an increase in traffic levels or a X change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous X intersections) or incompatible uses (e.g., farm equipment)? C) Result in inadequate emergency access'? X 0 Result in inadequate parking capacity? X City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30'h Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 15 • • City of Newport Beach 32n' Street/Newport Blvd. Street Rehabilitation and 301b Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 16 0 0 Less Than Potentially Significant Less Than No Issues Significant With significant Impact Impact Mitigation Impact Incorporated g) Conflict with adopted policies, plans, or programs supporting alternative transportation X (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the proi eet: a) Exceed wastewater treatment requirements of the applicable Regional Water X Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of X which could cause significant environmental effects? C) Require or result in the construction of new storm water drainage facilities or expansion X of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and X resources or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity X to serve the project's projected demand in addition to the provider's existing commitments? 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's X solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? X XVII. 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 - sustaining levels, X 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? City of Newport Beach 32n' Street/Newport Blvd. Street Rehabilitation and 301b Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 16 0 0 E C_1 • 0 0 Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 X effects of past projects, the effects of other current projects, and the effects of probable future projects.) C) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or X indirectly? City of Newport Beach 32"d Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 17 • • ENVIRONMENTAL ANALYSIS This section provides the explanations and supporting analysis for the impact categories and questions contained in the previous checklist, and identifies mitigation measures where applicable. Topics that have no identified impacts, or that have impacts determined to be less than significant without mitigation, will not be discussed in the environmental impact report. L AESTHETICS Would the project. a) Have a substantial adverse effect on a scenic vista? Less Than Sienificant Impact. The proposed storm drain project would only be visible at the outlet into Newport Bay, since the piping would be installed below grade. The outlet would be constructed in the existing seawall with a tide gate. Although Newport Bay is a notable scenic resource, the outlet would be similar to other outlets that are common around the bay; therefore no substantial impacts to scenic vistas would result. Furthermore, the outlet would most likely be obscured by docks located adjacent to the bulkhead (see Exhibit 3, Site Photos). No mitigation measures are necessary. During construction, there would be a temporary visual impact to views. These impacts are not considered significant due to their brief duration (i.e., approximately two months). b) Substantially damage scenic resources, including, but not limited to, frees, rock outcroppings, and historic buildings within a state scenic highway? Less Than Si¢rtificant Impact. See I.a. above. There are no scenic resources other than Newport Harbor in the immediate vicinity of the project. No mitigation measures are necessary. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Sienificant Impact. See discussion under I.a and I.b, above. 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 proposed storm drain project would not create any new source of light or glare. No mitigation measures are necessary. City of Newport Beach Initial Study/Draft Negative Declaration 32nd Street/Newport Blvd. Street Rehabilitation and 3e Street/Newport Blvd. Storm Drain Improvements Page 19 • • II. AGRICULTURE RESOURCES Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to lion- agricultural use? No Impact. No agricultural activities occur in the project vicinity. No mitigation measures are necessary. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The site is not zoned for agriculture and there are no Williamson Act contracts in the vicinity. No mitigation measures are necessary. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion: of farmland, to non- agricultural use? No Impact. The project would not involve any changes that could result in the conversion of farmland. No mitigation measures are necessary. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management district 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 plan? Less Than Significant Impact. The project would result in emissions during construction (e.g., dust, construction equipment exhaust). No emissions would be generated after construction is completed. It is anticipated that construction equipment will be limited to one backhoelloader, one dump truck and one sweeper at the end of each workday. This combination of equipment is estimated to generate substantially less that the significance thresholds identified in the South Coast Air Quality Management District's 1993 CEQA Air Quality Handbook, Table A9 -8 -E. -As a result, the project would not conflict with or obstruct implementation of the air quality plan. Standard contract specifications require that all construction equipment 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 III.a, above. City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30' Street/Newport Blvd. Storm Drain Improvements Initial StudytDraft Negative Declaration Page 19 • • 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 III.a, above. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. See Section III.a, above. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. Diesel - powered equipment used for excavation and construction could cause odors and emissions that may be offensive to sensitive receptors. There are some residences immediately adjacent to the storm drain alignment, therefore this construction activity would occur in close proximity to sensitive receptors. It is estimated that construction will proceed at an average rate of 100 to 200 feet per day, therefore any given residence would only be impacted for 1 or 2 days at most. As a result, the issue of odor generation is expected to be less than significant. IV BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Although urban runoff contains contaminants (e.g., oil, heavy metals, pesticides) the construction of a new storm drain and outlet would not have a substantial effect on water quality in Newport Bay since the same runoff from the project area currently flows into the bay through the existing storm drain system. 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 11 ildlife Service? Less Than Significant Imnact. See Section IV.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, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant Impact. See Section IV.a. above. City of Newport Beach Initial Study/Draft Negative Declaration 32nd Street/Newport Blvd. Street Rehabilitation and 30' Street/Newport Blvd. Storm Drain Improvements Page 20 0 0 CJ 0 0 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 IV.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 IV.a. above. J) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The site is not included in any Habitat Conservation Plan or NCCP area. No mitigation measures are necessary. V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. There are no historic resources on the site. No mitigation measures are necessary. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? No Impact. There are no known archaeological resources in the vicinity. Balboa Peninsula is composed primarily of sand and dredged material, therefore there is a very low probability that archaeological resources are present. No mitigation measures are necessary. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologicfeature? No Imnact. There are no known paleontological resources in the vicinity. Balboa Peninsula is composed primarily of sand and dredged material, therefore there is a very low probability that paleontological resources are present. No mitigation measures are necessary. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. Balboa Peninsula is composed primarily of sand and dredged material, therefore there is a very low probability that any human remains could be present. No mitigation measures are necessary. City of Newport Beach 32nd StreetfNewport Blvd. Street Rehabilitation and 30d' Street/Newport Blvd. Storm Drain Improvements Initial StudylDraft Negative Declaration Page 21 • • VI. GEOLOGYAND SOILS Would the project. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving. i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- 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 vicinity of the project. No mitigation is necessary. ii) Strong seismic ground shaking? No Impact. Although there are no known earthquake faults in the project vicinity, the area is subject to strong seismic ground shaking, as is the case with all of Southern California. This does not present a significant impact, however, since no serious hazards would result if a break were to occur in the stone drain as a result of seismic shaking. No mitigation measures are necessary. iii) Seismic- related ground failure, including liquefaction? No Impact. See item a)ii, above. 0 iv) Landslides? No Impact. The project area 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? Less Than Significant Impact. The project area is completely urbanized and the project is located entirely within street rights -of -way, therefore no soil erosion or loss of topsoil would occur during construction operations. No mitigation measures are necessary. 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 result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. The project area is characterized by sandy soils with the water table at less than 10 feet below the surface. These conditions are conducive to liquefaction during seismic ground shaking. The project would have no effect on these conditions, and would not increase geologic hazards in the area. As noted under VI.a.ii, above, these conditions do not present a significant hazard with respect to the proposed project. No mitigation measures are necessary. City of Newport Beach Initial Study/Draft Negative Declaration 32nd Street/Newport Blvd. Street Rehabilitation and 30d' Street/Newport Blvd. Storm Drain Improvements Page 22 0 0 d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact. Expansive soils are generally high in clay content. Soils in the project area are typically sandy, and are not expansive. 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? 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. VII. 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 materials is proposed in connection with the 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. During construction, gasoline- and diesel - powered equipment would be used. In the event of an accident, gasoline or diesel fuel could be spilled. Standard construction contract provisions would require that the contractor follow site maintenance and spill cleanup procedures as described in the Standard Specifications for Public Works Construction (the "Greenbook "). 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 nearest school (Newport Elementary) is located at Balboa Boulevard at 13'" Street approximately 1 -1/2 miles from the project area. 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. City of Newport Beach Initial Study/Draft Negative Declaration 32nd Street/Newport Blvd. Street Rehabilitation and 301" Street/Newport Blvd. Storm Drain Improvements Page 23 0 0 e) For a project located within air airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The storm drain would have no effect on aircraft- related safety. 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. There are no private airstrips within the project vicinity. No mitigation measures are necessary. l) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant With Mitigation Incorporated. The proposed storm drain would have no permanent effect on an emergency response or emergency evacuation plan or procedures. Emergency evacuation routes could be affected during construction, however, due to temporary street or lane closures. The following mitigation measure would reduce this impact to a level that is less than significant. Mitigation measure VII -1 Traffic Control Plan. Prior to award ofa construction contract, a traffic control plan meeting the approval of the City Traffic Engineer shall be prepared. The plan shall specify what measures shall be taken to minimize travel disruptions and safety hazards, including safety of pedestrians and bicyclists, minimize inconveniences to residents and businesses, minimize the loss of parking, and ensure adequate emergency access at all times. The traffic control plan shall be incorporated into the contract specifications and shall be enforced by the construction inspector. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlauds are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The project site is surrounded by urban development, and no wildland interface exists. No mitigation measures are necessary. City of Newport Beach 32nd Street/Newport Blvd. Street Rehabilitation and 30d' Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 24 is • 0 0 VIII. HYDROLOGYAND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The project would involve the discharge of stormwater into Newport Harbor, which would be expected to contain urban pollutants such as pesticides and oil. Since the same runoff from the project area is currently flowing into the harbor, no change in the type or quantity of pollutant runoff would be anticipated. Grading activities could temporarily increase the amount of soil erosion and siltation. Construction will be subject to National Pollutant Discharge Elimination System ( NPDES) Best Management Practices, which require that measures be taken to minimize runoff of contaminants and siltation. No additional mitigation measures are necessary. 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 table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. Runoff from the area to be served by the proposed storm drain currently flows into Newport Harbor. The project would have no effect on groundwater supplies or recharge. 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 project would alter the drainage patterns of the area by diverting runoff from the area east of Newport Boulevard in the vicinity of 300' to 32nd Streets into the Rhine Channel. This area currently drains into Rivo Alto Channel, west of Newport Boulevard. Since the area is completely urbanized, no erosion or siltation would result from this change in drainage pattern. During excavation, earth could be spilled onto adjacent strects resulting in siltation if preventative measures are not taken. Required compliance with NPDES Best Management Practices will reduce this construction impact to a level that is less than significant. 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 Ilse rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Less Than Significant Impact. The project would have no impact on the rate or amount of surface runoff. The capacity of the storm drain system would be enhanced to reduce the risk of flooding. No mitigation measures are necessary. City of Newport Beach Initial Study/Draft Negative Declaration 32"d Street/Newport Blvd. Street Rehabilitation and 30' Street/Newport Blvd. Storm Drain Improvements Page 25 0 0 e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. The local drainage pattern would be altered as described in Section VIII.c, above. No increase in runoff would be caused by the project; the capacity of the storm drain system would be enhanced, however, reducing the risk of flooding. No additional source of polluted runoff would be generated by the project upon completion. During construction, oil, grease or fuel could be spilled from construction equipment onto the street resulting in additional contamination. Required compliance with NPDES Best Management Practices and the Greenbook would reduce this impact to a level that is less than significant. No additional mitigation measures are necessary. J) Otherwise substantially degrade water quality? Less Than Significant Impact. The proposed project is not anticipated to generate unusual or substantial amounts of pollutants. Investigation of issues described under Item VIII.a. will address water quality concerns. No mitigation measures are necessary. S) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary of Flood Insurance Rate Map or otter flood hazard delineation map No Impact. No housing is proposed in connection with the project. No mitigation measures are necessary. h) Place within a 100 year flood hazard area structures, which would impede or redirect flood flotps? No Impact. No structures are proposed that would impede flood flows. The proposed storm drain would improve the efficiency of the draining system. No mitigation measures are necessary. 0 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 project would not expose additional people or structures to flood hazards. No mitigation measures are necessary. j) Inundation by seiche, tsunami, or mudflow? No Impact. The site is located in a low -lying area that could be inundated in the event of seiche or tsunami. The project would have no effect on these conditions, however, other than to improve the efficiency of drainage. No mitigation measures are necessary. City of Newport Beach 32od Street/Newport Blvd. Street Rehabilitation and 306 Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 26 0 • 0 0 J 0 0 IX LAND USE AND PLANNING Would the project: a) Physically divide an established community? No Impact. The site is surrounded on all sides by developed land. The project would have no effect on the established community. No mitigation measures are necessary. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The proposed 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 plait or natural community conservation plan? No Impact. The site is not located within an NCCP or habitat conservation plan. No mitigation measures are necessary. X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? No Impact. The project area is urbanized and no mineral resources would be affected. No mitigation measures are necessary. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific phut or other land use plan? No Impact. There are no locally important mineral resource recovery areas located in the project area. No mitigation measures are necessary. City of Newport Beach 32 Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Stone Drain Improvements Initial Study/Draft Negative Declaration Page 27 1i XL NOISE 0 Would the project result in: 0 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 With Mitigation Incorporated. The storm drain project would not result in any long -term noise increase. A short -term noise increase during construction would occur, however. The Newport Beach Municipal Code allows construction only between the hours of 7:00 a.m. and 6:30 p.m. weekdays, and between 8:00 a.m. and 6:00 p.m. Saturdays (NBMC Sec. 10.28.040). The following mitigation measures would further reduce potential noise impacts during construction to a level that is less than significant. Mitigation Measures X1-1 Construction Noise. The following requirements shall be incorporated into the project contract specifications and noted on construction plans, and shall be enforced by the City's construction inspector. a. Hours of Construction. No construction shall occur except between the hours of 7:00 a.m. and 6:30 p.m. weekdays unless required to respond to an emergency situation. b. Construction Equipment. All construction equipment, either fixed or mobile, shall be equipped with properly operating and maintained mufflers. 0 C. Staging Areas. Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant With Mitigation Incorporated. A short-tetra increase in groundborne vibration and noise would be expected to occur during excavation and construction. Limitations on allowable hours of construction would reduce these impacts. Mitigation measure XI -1 would reduce this impact to a level that is less than significant. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The project would have no long -term noise impacts. No mitigation is 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 With Mitigation Incorporated. See Section XI.a, above. City of Newport Beach Initial Study/Draft Negative Declaration • 32nd Street/Newport Blvd. Street Rehabilitation and 30d' Street/Newport Blvd. Storm Drain Improvements Page 28 0 0 e) For a project located within an airport land use plan or, where such a plait 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? Less Than Sienificant Impact. The site is located near the flight path from John Wayne Airport; therefore construction workers would be subject to minor noise impacts due to aircraft overflight. These impacts are not considered significant, however, since the area is outside the 65 dB CNEL noise contour and their exposure would be temporary. No mitigation measures are necessary. J) 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 vicinity of the site. No mitigation measures are necessary. M. 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) ? No Impact. The project site is fully developed and the proposal consists of the replacement of an existing storm drain. No increase in development potential would occur as a result from the project. No mitigation measures are necessary. b) Displace substantial numbers of existing /rousing, necessitating Cite construction of replacement housing elsewhere? No Impact. There is no existing housing that would be displaced by the proposed development. No mitigation measures are necessary. c) Displace substantial.numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. No people or existing housing would be displaced by the proposed development. No mitigation measures are necessary. City of Newport Beach 32od Street/Newport Blvd. Street Rehabilitation and 30°i Street/Newport Blvd. Storm Drain Improvements Initial Study/Draft Negative Declaration Page 29 0 XIII. PUBLICSERVICES 0 Would the project result insubstantial adverse physical impacts associated with file 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 these public services: a) Fire protection? No Impact. The proposed project would have no effect on fire protection. No mitigation measures are necessary. b) Police protection? No Impact. The proposed project would have no effect on police protection. Traffic control during construction will be provided by the contractor in a manner meeting the approval of the City Traffic Engineer (see Mitigation Measure No 7 -1 on page 23). No additional mitigation measures are necessary. C) Schools? No Impact. The proposed project would have no effect on student generation or school operations. No mitigation measures are necessary. d) Parks? No Impact. The proposed project would have no effect on parks or recreation. No mitigation measures are necessary. e) Other public facilities? No Impact. The proposed project would have no effect on any other public facilities. No mitigation measures are necessary. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of thefacility would occur or be accelerated? No Impact. The proposed project would not increase the use of parks or other recreation facilities. No mitigation measures are necessary. b) Does the project include recreational facilities or require Ilse construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact. See Section XIV.a, above. City of Newport Beach Initial Study/Draft Negative Declaration 32nd Street/Newport Blvd. Street Rehabilitation and 3& Street/Newport Blvd. Storm Drain Improvements Page 30 0 0 . XV. TRANSPORTATIONITRAFFIC Would the project. a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (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. The project would have no effect on long -term traffic levels. A short -term increase in traffic from construction equipment and workers would be expected to occur, however. It is anticipated that 10 -15 workers will be employed on site during construction, generating approximately 20-40 trips per day. In addition, an estimated 32 truck trips will be required over the duration of project construction (less than one trip per day on average) to haul excess earth material away from the site. This traffic increase would not be considered significant. Mitigation Measure VII -I (see page 24) would further reduce this impact by requiring the preparation of a traffic control plan prior to commencement of the project. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. See Section XV.a, above. 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? No Impact. The project would have no effect on air traffic patterns. No mitigation measures are necessary. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant With Mitigation Incorporated. The project could disrupt traffic patterns during construction due to lane closures or traffic diversions. Mitigation Measure VII -1 (see page 24) would reduce this impact to a level that is less than significant. e) Result in inadequate emergency access? Less Than Significant With Mitigation Incorporated. See Section XV.d, above. J) Result in inadequate parking capacity? Less Than Significant With Mitigation Incorporated. The project would have no effect on long -term parking demand or capacity. Demand for additional parking would be created by construction workers, however. It is estimated that between 10 and 15 workers will be on -site at any given time, requiring a maximum of 15 parking spaces. In addition, some on- street or off - street parking may be temporarily unavailable during construction. Mitigation Measure VII -1 (see page 24) would reduce this impact to a level that is less than significant. City of Newport Beach Initial Study/Draft Negative Declaration 32 "d Street/Newport Blvd. Street Rehabilitation and 30'" Street/Newport Blvd. Storm Drain Improvements Page 31 0 0 l) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? . Less Than Significant With Mitigation Incorporated. The project would have no long- term effect on alternative transportation. Potential disruption of bus travel and bicycle lanes could occur during construction, however. Mitigation Measure 7 -1 (page 24) would reduce this impact to a level that is less than significant. XVI. UTILITIES AND SERVICE SYSTEMS Would the project. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The project would have no effect on wastewater flows or treatment requirements. No mitigation measures are necessary. b) Require or result lit the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. 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 Imnact. The proposed project is the replacement of existing deteriorated storm drains and the installation of a new storm drain along 30'" Street and Newport Boulevard. No increase in stormwater flows would result, and no new or expanded drainage facilities beyond those included in this project would be required. 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 have no effect on water supply or demand. 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 Imnact. See Section XVi.b, above. City of Newport Beach Initial Study/Draft Negative Declaration 32"" Street/Newport Blvd. Street Rehabilitation and 30' StreetMewport Blvd. Stone Drain Improvements Page 32 0 0 n Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. Construction of the project 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 volume. Excess fill would most likely be used at another construction site. Fill that could not be used would be disposed of at a landfill. Used asphalt would be recycled by the contractor. No mitigation measures are necessary. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant With Mitigation Incorporated. The project could generate solid waste during construction. Standard contract specifications requiring the contractor to dispose of waste in accordance with applicable statutes and regulations would reduce this impact to a level that is less than significant. No mitigation measures are necessary. 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 - sustaining levels, threaten to eliminate a plant or aninhal 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 With Mitigation Incorporated. The project has the potential to degrade the quality of the environment, but the mitigation measures recommended would reduce these potential impacts to a level that is less than significant. b) Does tee 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 ofprobable future projects.) Less Than Significant With Mitigation Incorporated. The project would contribute to short-term cumulative impacts in the areas of air quality, noise and traffic during the two -month construction period. The project's contribution to these cumulative impacts would be substantially reduced by the recommended mitigation measures, however, and the incremental impacts of the project would be so small that they would make only a de minimis contribution to the cumulative impacts caused by other projects. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant With Mitigation Incorporated. The recommended mitigation measures would substantially reduce the potential impacts of the project to a level that is less than significant. • City of Newport Beach Initial Study/Draft Negative Declaration 32n° Street/Newport Blvd. Street Rehabilitation and 30" Street/Newport Blvd. Storm Drain Improvements Page 33 REFERENCES 0 Building News Publications, Standard Specifications for Public Works Construction, 1997 (the "Greenbook ") City of Newport Beach, Newport Beach Municipal Code. South Coast Air Quality Management District, CEOA Air Quality Handbook, 1993 REPORT PREPARATION PERSONNEL Lead Agency: City of Newport Beach Environmental Consultant: J.H. Douglas & Associates Don Webb, P.E. Bill Patapoff, P.E. Ed Wimmer, P.E. Rich Edmonston, P.E. John H. Douglas. AICP City of Newport Beach 32nd StreeVNewport Blvd. Street Rehabilitation and 3e StreetlNewport Blvd. Storm Drain Improvements Public Works Director City Engineer Sr. Civil Engineer City Traffic Engineer Principal Initial Study/Draft Negative Declaration Page 34 i i i 0 3- LL Ct� PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 9`" day of November, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Dewan, Lundin & Associates, whose address is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840, (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 implement (Improvements to 32nd Street, Newport Boulevard and 29t' Street) ('Project'). C. City desires to engage Consultant to provide professional engineering design services for pavement rehabilitation on 32nd Street and for storm drain facilities in Newport Boulevard and 29"' Street upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Surender Dewan, P.E., Principal. -1- E. City has solicited and received a proposal from Consultant, has reviewed 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 9t" day of November. 1998, 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 thirty-four thousand, two hundred ninety Dollars ($34,290.00). -2- 0 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, 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. -3- 0 0 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. 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. -4- '• 0 • 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 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 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 Surender Dewan, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those -5- 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 furnish 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 in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in 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. la 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 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 -7- 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 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 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 attorneys' 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 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 the City Risk Manager. A. Worker's 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 $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million Dollars ($ 1,000,000.00). • 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 venture or syndicate member or co- tenant if Consultant is a partnership or joint- venture or -10- 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 more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- 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 -11- • • 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: 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 and the review of field conditions by Consultant. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer, 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 performed under this Agreement. Consultant shall maintain complete and accurate -12- 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 borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this 61911 Agreement. 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 -14- 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Surender Dewan, P.E. Principal Dewan, Lundin & Associates 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 (714) 740 -8840 Fax (714) 740 -8842 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 -15- r i 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 non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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. -16- 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 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 -17- 0 0 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 1 ' By: _ Robin Clawson Assistant City Attorney AT A LaVonne Harkless City Clerk f:\ users\ pbw\shared\agmt \99\dewanlund.doc ISM CITY OF NEWPORT BEACH A Municipal Corporation By: IiIIIII Tho as C. tdYarcrs, Mayor City of Newport Beach CONSULTANT DEWAN, LUNDIN & ASSOCIATES By: Surender Dewan, P.E. Principal a • 32ND STREET IMPROVEMENTS EXHIBIT "A" SCOPE OF SERVICES ATTACHMENTS September 24, 1998 Mr. Bill Patapoff City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 SUBJECT: Proposal for Professional Engineering Services FY 1998 -1999 Street Rehabilitation Program 32 "' Street Rehabilitation and Newport Boulevard /29th Street Storm Drain Dear Mr. Patapoff: Dewan, Lundin & Associates (DLA), is pleased to present this proposal to provide professional civil engineering services for the subject project. DLA is a Caltrans certified DBE and a minority business enterprise (MBE) which provides engineering consulting and related services to various government agencies, institutions and developers. As a small business, DLA is committed to personal service, high quality products, close communications, and enduring client relationships. As an MBE, DLA offers compliance with contractual requirements pertaining to affirmative action. Mr. Surender Dewan, P.E., Principal of DLA would be assigned as the Project Manager of this project. As such, Mr. Dewan would be responsible for the overall scheduling and budget control and would be available to meet with the City Staff to discuss the project as required. Mr. Walter Lundin, P.E., Principal of DLA will assist Mr. Dewan on this project. I hope that our past experience, record of performance and sincere interest in working with the City of Newport Beach will result in favorable consideration. I look forward to the opportunity of working with you and your staff. If you have any questions or concerns regarding this submittal, please contact the undersigned. Sincerely, Dew V, Lundin & Associates C Suren er Dewan, P.E. Principal P- 0298C.PRO 0 TABLE OF CONTENTS I. PROJECT DESIGN ♦ Project Description ♦ Understanding of the Project ♦ Project Approach II. PROJECTTEAM ♦ Resumes ♦ Organization Chart III. FIRM'S EXPERIENCE & REFERENCES ♦ Street Improvement Experience ♦ Storm Drain Improvement Experience ♦ List of References IV. PROJECT SCHEDULE V. RESOURCE REQUIREMENTS VI. APPENDIX ♦ Sample Plans: Gilbert Street, Garden Grove Dover Drive, Newport Beach ♦ Insurance Certificate ♦ Minority Certificate VII. FEE PROPOSAL ♦ See Separate Envelope 0 PROJECT DESIGN PROJECT DESCRIPTION UNDERSTANDING OF THE PROJECT PROJECT APPROACH 0 0 PROJECT DESCRIPTION The proposed project consists of street rehabilitation of 32nd Street from Balboa Boulevard to Newport Boulevard and replacement of a storm drain system in Newport Boulevard between 32nd Street and 29`h Street, or replacement of the existing drainage system in 29'" Street. The proposed project consists of rehabilitation of existing roadway. Services to be provided by DLA, under this proposal, encompass a full range of services. These services include the following: ♦ Design Survey ♦ Deflection and Material Analysis ♦ Geotechnical Investigation ♦ Preparation of Street Improvement Plans ♦ Preparation of Drainage Improvement Plans ♦ Striping and Signage Plans ♦ Project Specifications ♦ Estimate of Probable Costs ♦ Assistance to Resolve Design Related Issues During Construction ♦ As -Built Plans from Information Provided by the City • • UNDERSTANDING OF THE PROJECT Street Improvements: 32nd Street from Balboa Boulevard to Newport Boulevard is a four (4) lane street, 64 feet wide from curb to curb. Concrete curb and gutter, and sidewalk exist on both sides of the street. This section of the roadway is striped for two (2) lanes in the northeasterly direction from Balboa Boulevard to Lake Avenue and in the southwesterly direction from Newport Boulevard to Lake Avenue. The section beyond Lake Avenue in the northeasterly direction and beyond Lake Avenue in the southwesterly direction is striped for exclusive right turn and left turn lanes. Parking is permitted on both sides of the street. The intersection of Balboa Boulevard and 32nd Street, and 32nd Street and Newport Boulevard are signalized. A visual inspection of the project area indicates portions of pavement with alligator and longitudinal cracks (See Figure 1, Plate 1). It appears that the roadway has been patched with asphalt in several areas (See Figure 1, Plate 2). Portions of the roadway exhibiting structural failure will require reconstruction. The rest of the roadway can be rehabilitated with placement of overlay. Actual treatment required for street rehabilitation will be based on a Deflection and Material Analysis report to be prepared by DLA in conjunction with this project. Drainage Improvements: Newport Boulevard between 32nd Street and I Yh Street currently experiences significant flooding normal rainfall events, in large part due to existing undersized storm drain facilities. The intent of this project is to identify the deficiencies in the existing system and design system �x� -�-T -- - �,: � .. � r�! :. a.. �I�y, .. i"�' Wy. •fY .."M.- � �R� � r � � �R�a�Y Yfr ?F:��r. aL.." ` a. �.vw' IJ'i� _ �L�''�f ;�lrr� � ♦� /� ��♦I ✓�yl Ki�ir F `, �� .�� .. 4 N� 1. �� .r- 5'J� �� .� 1V,� ' ' � ' w� �, '�k•. .. � o .,. . c�z�` �"� y mow,.. . T° .. �ti�w:�s.. '.: � .. Y "" ' 1 A Figure 1 Asphalt Patching on 32"" Street PLATE 2 0 0 improvements to mitigate these deficiencies. The existing drainage system in the project area can be divided into two separate areas (See Figure 1, Plate 3). Project Area "A ": The drainage area contributing to the underground drainage system is surrounded by Balboa Boulevard to the south, 30`h Street to the east, 32 "d Street to the west, and northerly of City Hall to the north. The existing storm drain system in this area consists of: a) A 18 -inch R.C.P. storm drain on 32 "d Street northerly of Marcus Avenue; b) A system on Newport Boulevard between 30'h Street and 32 "d Street, varying in size from 8- inches to 12- inches; c) A separate system across Newport Boulevard from City Hall to 32 "d Street, varying in size from 8- inches to 18- inches. All three systems drain into a 42 -inch diameter R.C.P. which outlets into Rivo Alto. There are existing catch basins located at the following locations: 1) 32 "d Street/ Marcus Avenue - southwest corner; 2) 32 "d Street/ Newport Boulevard - southeast corner; 3) Northeast and northwest corner of 32 "d Street/ Newport Boulevard; 4) Northeast and northwest corner of 301h Street/ Newport Boulevard. Project Area "B ": The drainage area contributing to the underground system is surrounded by Newport Boulevard to the south, 32 "d Street to the west, 29'h Street to the east, and the Bay to the north. The existing storm drain system in this area consists of: a) A system on 291h Street between Newport Boulevard and the Bay, varying in size from 15- inches to 18- inches; b) A 15 -inch diameter R.C.P. on Villa Way between 31 s' Street and 2 9'h Street; J 9106 S_061 803_064 a\,�', 411b�;� ` A Y`['.•.. 03_03 11 T 1 �y/[Jn .I .I `..�•>: 803 �, � i I :',\ L4 I � '. ' \\ F- it In a 'x� b :�� \• F\ ,{ ��III ry 11 11 u Half ,r I1..:_ rLQH. ,7f1r{xi 1 ZIP1�I I�In SIL I .VIA MALAGA 803_ '! 9PM0 I STREET - -- 'Y CB03_G60 400-03 UT C1103_0 yy /r 803 07 C803_071 803 07 l.! 313 -37 .. STREET. . - � DRAINAGE AREA «A„ DRAINAGE AREA LAB„ I} , ' 803 074 .; _ a� Isar" *T- -EBrm E-T - a1 Am 03_01 \ � 0 1076� I ui vl k .Jl_' LIF Y�JI'LMI r � 90 q\ 03 yt . < . •� �0 ' ." '\ b •!Y.' Pq yyv. , l ._ x' ST03_ ST' 803_10 qq I dY 3_047 e \ i 803_l06\ AJ b \, \, o PLATE 3 I �. � Drainage Area Map A Jun 1996 E o m 0. I„ 0 0 C) A 18 -inch diameter R.C.P. on Lafayette Avenue between 301E Street and 2911 Street. There are existing catch basins located at the following intersections: 1) Newport Avenue/ 29th Street; 2) Villa Way/ 29th Street; 3) Lafayette Avenue/ 2911 Street; 4) 301h Street/ Villa Way; 5) 316' Street/ Villa Way; 6) Lafayette Avenue/ 301h Street. The proposed improvements consist of upgrading the existing drainage system on Newport Boulevard between 29'1 Street and 32nd Street. The scope of work also includes replacement of substandard "grate" basins (See Figure 1, Plate 4) with curb opening, side inlet catch basins. Preliminary research conducted at the City of Newport Beach, indicates that no hydrology study or hydraulics analysis is available for the existing system. A cursory review of the drainage area indicates that the upgraded system on Newport Boulevard will ultimately tie into the system which outlets into Rivo Alto. The existing system on 291h Street which varies in size from 15- inches to 18- inches does not appear to have the capacity to accept this additional flow. DLA will perform a hydrology study of the contributing area per the latest edition of the OCEMA Hydrology Manual and for the purpose of downstream control obtain the water surface elevation for the Newport Bay. A visual inspection of the project area indicates the presence of sewer mains, water mains, Southern California Edison vaults, Bell System manholes, Gas mains, and Comcast Cable Vision facilities. Figure 1 Substandard Catch Basin on Newpoil Boulevaid PLATE 4 0 0 PROJECTAPPROACH 1. PRELIMINARY DESIGN DEVELOPMENT ♦ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ♦ Notify all affected Public Utility Companies and identify all underground facilities and structures. ♦ Obtain from City "as built' plans, centerline ties and bench marks. 2. 0 ♦ Review with City staff to obtain specific input related to City goals, and discuss preliminary issues. UTILITY COORDINATION ♦ Proposed improvements will be coordinated with the following agencies: a) Southern California Gas Company b) Southern California Edison Company C) Pacific Bell d) Irvine Ranch Water District e) Mesa Consolidated Water District f) Comcast Cable Vision g) Community Cable Vision Each of the above listed utility companies will be sent a "Utility Notification Letter' prior to commencement of preliminary design, preliminary improvement plans and final plans. Copies of all utility correspondence will be delivered to the City with completed construction documents submittal. DESIGN SURVEY ♦ Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set aerial targets for each street. ♦ Conduct topographic survey and obtain street cross sections at 50 foot intervals. Street cross sections to show elevations of top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, centerline, top of median curb, finished surface at median curb. .. • • ♦ Obtain street cross sections at all BCR's and ECR's. ♦ A minimum of two bench marks will be used for each street. Each bench mark will be described on the plans and in the survey notes. ♦ Provide report to the City containing all survey control and cross section notes. 4. GEOTECHNICAL INVESTIGATIONS ♦ Mark the proposed boring locations and notify Underground Service Alert to obtain clearances. ♦ Drill six (6) borings to a maximum depth of fifteen (15) feet. The borings will be backfilled immediately upon completion of sampling and street pavement will be temporarily patched with cold -mix asphalt concrete, Surplus soil will be removed from the right -of -way. ♦ Measure the thickness of the pavement structural section and log the soil profile at each boring location, and obtain samples for examination and testing in the laboratory. ♦ Perform laboratory tests on selected samples to establish data on soil conditions. Laboratory testing includes compaction, moisture, density, shear, sand equivalent, water - soluble and stabilometer (R- Value) tests. ♦ Prepare a report on the findings and results of the investigation along with recommendations /comments pertaining to trench stability, shoring, backfilling and compaction for the storm drain and a recommended overlay for 32nd Street. 5. DEFLECTION ANALYSIS ♦ Drill a total of three (3) borings for the project. In general, borings will be located at 50 foot intervals. ♦ Non - destructive pavement deflection data shall be gathered from each traveled lane such that three sensor readings are recorded at each test location at select intervals. Road Rater, operator, recorder and traffic control will be provided as necessary. ♦ During deflection testing operations, notes of visual pavement conditions and /or distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. 0 9 ♦ Field data collected shall be processed through a computer. This process shall produce a typed tabulation of all data and field notes thereon, which locate the intersection of cross streets, pertinent landmarks, field conditions, etc. The tabulation shall include the reading of three Road Rater sensors, as well as the conversion of Road Rater Sensor Number One to an equivalent Traveling Deflectometer unit. ♦ An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) shall be made. ♦ Prior to field sampling operations, Underground Service Alert will be notified, all test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. ♦ Coring and boring of the in -situ roadway materials shall be performed at noted locations to determine pavement thicknesses and to obtain subgrade materials for further analysis. Traffic control shall be provided during sampling operations. ♦ The in -place moisture content of the subgrade soil samples removed at each location shall be determined. Individual or composite samples of subgrade material which typify the materials encountered shall be selected and subjected to R -Value testing for replacement section design. ♦ Using the traffic indices or traffic information provided by the City of Newport Beach, and existing pavement thickness information determined during coring operations, the 80th percentile deflection response shall be compared to known pavement models. This comparison shall produce overlay requirements for a select design period in accordance with CALTRANS Test Method No. 356, and a service life reading (Nominal Service Life) for the roadways studied. ♦ A registered Civil Engineer shall supervise all operations, review all completed data and incorporate results of deflection testing and pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflection and materials analysis shall be provided. 0 0 6. PRELIMINARY DESIGN Street Improvements: ♦ Prepare base maps using computer aided drafting (AutoCad) and transfer data directly into the computer system. Plot existing utilities, existing right -of -ways etc. ♦ Provide necessary and proper coordination with all utility companies having facilities within the project area. Send preliminary plans to utility companies, requesting record data for all utilities. Record drawings provided by utility companies will be used in conjunction with field data showing manholes, valves, loop detectors and other appurtenances located by DLA during the deign survey. ♦ Plot existing cross sections. ♦ Superimpose proposed improvements over existing cross sections. ♦ Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. ♦ Develop alternate methods of achieving city goals, giving consideration to existing pavement condition as determined by pavement evaluation report. Repair, rehabilitation, partial and full replacement shall be considered. ♦ Prepare preliminary street improvement plans. ♦ Prepare preliminary signage and striping plans. ♦ Prepare preliminary estimate of probable costs. Drainage Improvements: ♦ Establish drainage boundaries and identify overland flow direction. ♦ Perform a hydrology study of the contributing area in accordance with County of Orange Hydrology Manual. ♦ Review proposed horizontal and vertical alignment of proposed improvements in relation to utility crossings. ♦ Prepare street capacity calculations to determine the location and sizes of proposed catch basins. ♦ Obtain and coordinate with the City for hydraulic grade line control for existing storm drain located on 32nd Street. ♦ Compute main line hydraulics for the system using the P.C. Version of Program No. F051 (W.S.P.G. compiled by Woodcrest Engineering). . • • ♦ Review hydraulic calculations with the City staff to identify system deficiencies. ♦ Design pipe sizes to maintain an open channel condition per City of Newport Beach design criteria. If the contributing area is less than 100 acres, the proposed system will be designed for 10 year storm. For drainage area in excess of 100 acres, the proposed system will be designed for a 25 year storm. ♦ Prepare and submit preliminary storm drain plans to the City of Newport Beach for review. ♦ Prepare preliminary estimate of probable costs. 7. FINAL DESIGN PHASE Street Improvements: ♦ Evaluate cross sections and profiles for drivability. ♦ Prepare final street improvement plans. In addition, provide copies of all calculations, cross sections and other support data to the City. Title sheet will show: 0 Title 0 Vicinity and location map with plan sheet index and scale 0 Utility and plan legends 0 Bench mark, basis of bearings 0 General and master construction notes 0 Standard signature and title blocks 0 Utility notes, contact names and telephone numbers Plan and Profiles will include: 0 Topography between right -of -way and beyond as necessary. 0 Right -of -way limit lines (existing and proposed) 0 Utility location plot 0 Construction notes and quantity estimates 0 Typical sections and details 0 Top of curb and center line profile ♦ Prepare final striping and signage plans. Final plans to include: 0 Removal and /or construction of existing and /or proposed traffic features where applicable. 0 Traffic striping (traffic lanes, crosswalks, etc.) 0 Traffic signing. 0 Pavement markings and markers. ♦ Prepare project specifications and cost estimates. ♦ Final plans will be plotted on 4 mil thick mylar and delivered to the City on IBM compatible floppy disks. Drainage Improvements: ♦ Prepare and revise alignment per City of Newport Beach's comments. ♦ Prepare and compute mainline pipe hydraulics. Compute hydraulic grade line on mainline and laterals. ♦ Prepare a hydrology and hydraulics notebook including copies of hydrologic and hydraulic calculations. ♦ Prepare final storm drain plans and intersection modification plans at 40 scale. ♦ Prepare estimate of probable costs for proposed improvements based on final design plans. ♦ Submit final plans to utility companies and obtain their approval. ♦ Prepare project specifications, estimates and bid packages. NOTE: The final plans will be submitted to the City on IBM compatible floppy disks. 8. CONSTRUCTION ASSISTANCE ♦ Provide coordination during bidding process including answering bidders questions during bidding phase. ♦ Provide assistance during construction phase including plan clarifications, answering contractors questions and making revisions to plans, if any, to facilitate smooth construction process. ♦ Prepare "as- built" plans based on information provided by the City. 9. QUALITY CONTROL/QUALITY ASSURANCE DLA will use the critical path method of management for this project. A schematic critical path will be submitted at the beginning of the project. This C.P.M. chart will identify milestones and critical dates. The critical path will identify the order in which critical items are to be completed. Throughout the project and before the drawings are submitted to the City, a department review is implemented. This review will be performed by Mr. Walt Lundin, P.E. Plans will be reviewed for accuracy, dimensional errors, conformity before presented for review. 9 RESUMES ORGANIZATION CHART 0 PROJECT TEAM 0 0 PROJECT TEAM The most important element in the provision of professional services is the assignment of key personnel. Quality personnel and an effective management system combine to produce quality services. Accordingly, the following personnel have been assigned to this project. Surender Dewan, P.E. Project Manager /Principal Walter Lundin, P.E. Survey Coordinator, Quality Control /Principal Hoang Nguyen Project Engineer Alex Bantigue Designer Bette Lee Designer Richard Coulson Estimator Charles Tuggle, L.S. Survey Party Chief Subconsultants LaBelle- Marvin, Inc. Deflection and Material Analysis Harrington Geotechnical Engineering, Inc. Geotechnical Investigations H << rm 2 U � m U � o- 0 m` Z r= m m 0 c ) Z � tu o o� Cc Q U Q U =o o - -- W °° x Q Z Co uj L6 a ¢ U Q ca iQ tea` cc O ac ) a „o, �� N a a O W :t ;w em vi ca W gU "a L6 aZ 0y LU m m U c o �o °U c o sZ aU� `v) H _ Ci !0 m m � O O W z�y w cc O m�Q m m G N N a. J Q 0 0 SURENDER M. DEWAN, P.E. PROJECT ASSIGNMENT: Project Manager EDUCATION: Bachelor of Science, Civil Engineering, Delhi University, 1970 Master of Science, Civil Engineering, Washington University, 1978 ACTIVE REGISTRATION: Civil Engineer, California - RCE 34559 Civil Engineer, Nevada - RCE 11221 PROFESSIONAL BACKGROUND: Mr. Dewan, Principal of Dewan, Lundin & Associates (DLA), has over 28 years of professional experience in the design of Public Works projects. Mr. Dewan is responsible for performing and /or coordinating engineering design and other related technical services including project management; preparation of plans, specifications, estimates, design, and evaluation of major street improvement and drainage improvement projects. Mr. Dewan has served as Project Manager on numerous municipal projects: • 1996 -1997 CDBG Street Renovation Project - Baldwin Park • Baldwin Park Boulevard Improvements - Baldwin Park • Firestone Boulevard Improvements - South Gate • Southern Avenue Improvements - South Gate • Brea Canyon Road and Brea Canyon Cut -off Street Improvements - Diamond Bar • Bloomfield Avenue Improvements - Cerritos • Diamond Bar Boulevard Improvements, Grand Ave. to State Route 60 - Diamond Bar • Diamond Bar Boulevard Improvements, Palomino to Temple - Diamond Bar • Sunset Crossing Improvements - Diamond Bar • Brookhurst Street/Trask Avenue Intersection Improvements - Garden Grove. • 183rd Street Improvements - Cerritos 166th Street Improvements - Cerritos • South Laguna Storm Drain Project - Laguna Beach • Orangefair Commercial Storm Drain System - Anaheim • East Newport Heights Relief Storm Drain - Newport Beach, Dover Drive Gilbert Street Storm Drain Improvements - Garden Grove • Shannon Avenue Storm Drain Improvements - Garden Grove Ambushers and Meadowglen Street and Storm Drain Improvements- Diamond Bar • Trask Avenue Street and Storm Drain Improvements - Garden Grove 0 0 WALTER F. LUNDIN, P.E. PROJECT ASSIGNMENT: Quality Control and Specifications EDUCATION: Bachelor of Science, Civil Engineering, Oregon State University Masters of Business Administration, National University ACTIVE REGISTRATION: Registered Civil Engineer, California Certificate 44453 Professional Engineer, Hawaii License Number PE -5666 PROFESSIONAL BACKGROUND: Mr. Lundin, Principal of Dewan, Lundin & Associates (DLA), has experience in quality control and construction management of roadway and drainage projects. Within Mr. Lundin's quality control experience he has been responsible for constructibility review of plans and specifications, development and implementation of contractor quality control programs, and final acceptance of completed work. In the area of construction management, Mr. Lundin has been responsible for obtaining and evaluating bids, reviewing contractor qualifications, coordinating contractor's work with the client, reviewing requests for clarification, negotiating and approving change orders, approving requests for payment, coordinating inspections of work, final acceptance of work, and review of as -built plans. Recent projects on which Mr. Lundin provided design and construction services include: • 1996 -1997 CDBG Street Renovation Project - Baldwin Park • Baldwin Park Boulevard Improvements - Baldwin Park • Sunset Crossing Road Improvements - Diamond Bar • Southern Avenue Improvements - South Gate • Firestone Boulevard Improvements - South Gate • Traffic Signal Upgrades Phase I - South Gate • Diamond Bar Boulevard Improvements - Diamond Bar • Grand Avenue Improvements - Diamond Bar • Slurry Seal Area V and VI - Diamond Bar • South Laguna Storm Drain Project - Laguna Beach • Orangefair Commercial Storm Drain System - Anaheim • Shannon Avenue Storm Drain Improvements - Garden Grove HOANG NGUYEN PROJECT ASSIGNMENT: Project Engineer EDUCATION: Associate of Arts, Drafting , College of Denver, 1980 Bachelor of Science, Civil Engineering, Metropolitan State College, 1984 PROFESSIONAL BACKGROUND: Mr. Nguyen has over 20 years of civil engineering experience. Mr. Nguyen has been responsible for preparation of plans, specifications, estimates and design of street improvement projects. Mr. Nguyen is particularly knowledgeable in the use of AutoCAD with Autodesk software. He has been responsible for the operation and technical coordination of all projects produced on the CAD system. Mr. Nguyen has recently served as Project Engineer on the following projects: • 1996 -1997 CDBG Street Renovation Project - Baldwin Park • Baldwin Park Boulevard Improvements - Baldwin Park • Diamond Bar Boulevard Improvements, Grand Ave. to State Route 60 - Diamond Bar • Diamond Bar Boulevard Improvements, Palomino to Temple - Diamond Bar • Sunset Crossing Road Improvements - Diamond Bar • Firestone Boulevard Improvements - South Gate • Southern Avenue Improvements - South Gate • 183rd Street Improvements - Cerritos • Bloomfield Avenue Improvements - Cerritos • 166th Street Improvements - Cerritos • Brookhurst Street/Trask Avenue Intersection Improvements - Garden Grove • South Laguna Storm Drain Project - Laguna Beach Orangefair Commercial Storm Drain System - Anaheim • East Newport Heights Relief Storm Drain - Newport Beach, Dover Drive • Gilbert Street Storm Drain Improvements - Garden Grove Shannon Avenue Storm Drain Improvements - Garden Grove Ambushers and Meadowglen Street and Storm Drain Improvements- Diamond Bar • Trask Avenue Street and Storm Drain Improvements - Garden Grove • i BETTE LEE PROJECT ASSIGNMENT: Designer /Draftsperson EDUCATION: Cadastral and Topographic mapping, University of California, Los Angeles Workshop on Caltrans Standards - 1987 PROFESSIONAL BACKGROUND: Mrs. Lee has over 25 years of experience in civil engineering drafting. Most recently her experience has been in preparing street improvement, and water and sewer plans for various tracts, mobile homes parks and various government projects in the Orange County area. She has plotted topographic and boundary maps from field survey notes and has prepared parcel maps. For the State of California, Division of Highways, department of Public Works, District 7, (CALTRANS), Mrs. Lee has experience in preparing construction plans for freeways; preparing and plotting base maps for layouts, profiles for roadway grading, and cross sections from field survey notes; drawing roadway templates for earthwork quantities; computing and checking earthwork and concrete paving quantities; computing alignment and grades for roadway ramps; drawing construction details; and checking computations for estimates of contract quantities. ALEX BANTIGUE POSITION: Designer 0 EDUCATION: Bachelor of Science - 1986, University of California, Irvine PROFESSIONAL BACKGROUND: Mr. Bantigue has 10 years of experience specializing in civil and traffic engineering design and has applied his expertise in engineering design to computer applications. He is particularly knowledgeable in the use of AutoCAD with the D.C.A. Software Program. Mr. Bantigue has been responsible for the operation and technical coordination of projects produced on the CAD system. This includes imputing and processing output of all engineering drawings from concept through final design of projects such as roadway design, traffic signals, and pavement reconstruction. Mr. Bantigue's representative experience in CADD system operation and technical coordination of road /highway projects has included: • Valley Center Road - County of San Diego • Victoria Street Improvements - Costa Mesa • Trabuco Road Improvements - Mission Viejo • Western Avenue Improvements - Garden Grove • Bloomfield Avenue Improvements - Cerritos • Atlantic Avenue Street Improvements - Lynwood, Los Angeles County • Capital Roadway Improvements Project - UCI, Orange County • South Street Improvements and Median Modification Project - Cerritos • Street Rehabilitation Improvement Projects - South Gate, Los Angeles County RICHARD COULSON PROJECT ASSIGNMENT: Cost Estimator PROFESSIONAL AFFILIATIONS: American Society of Professional Estimators National Association of Professional Consultants American Arbitration Association Society of American Military Engineers State of California Public Works Contract Arbitration Committee PROFESSIONAL BACKGROUND: Mr. Coulson has over 35 years of experience as a Chief Estimator, General Engineering Contractor, and Quantity Surveyor for both governmental and private industries. He is experienced in the area of bidding, estimating, contract administration, purchasing, quantity estimates, and budgets. Mr. Coulson has provided competitive bids, budgetary estimates and conceptual cost evaluations for the construction of roads /highways, paving, grading, waterlines, sewers, and storm drains (primarily in cast -in -place concrete pipe). He has also been Chief Estimator for the construction of marinas, shopping centers, school sites, subdivisions, golf courses, and airfields. Mr. Coulson prepared cost estimates for the following road projects: • Diamond Bar Boulevard Improvements - Diamond Bar • Sunset Crossing Road Improvements - Diamond Bar • Firestone Boulevard Improvements - South Gate • Southern Avenue Improvements - South Gate • Bloomfield Avenue Improvements - Cerritos • 166th Street Improvements - Cerritos • Norwalk Boulevard Improvements - Cerritos • Residential Street Rehabilitation Project - Cerritos • Trask Avenue Improvements - Garden Grove • Brookhurst Street/Trask Avenue Intersection Improvements - Garden Grove Turnbull Canyon Road - County of Los Angeles 0 0 CHARLES TUGGLE, L.S. PROJECT ASSIGNMENT: Survey Party Chief EDUCATION: Santa Ana College - Advanced Surveying Problems, Photogrammetry, Programmable Desk Top Computers, Boundary Control for Surveyors, Land Survey Descriptions. El Camino College - Trigonometry, Elementary Analysis, Engineering Drawing. ACTIVE REGISTRATION: Licensed Land Surveyor - State of California - Registration No. 4025 (1972) PROFESSIONAL BACKGROUND: Mr. Tuggle has over 45 years of experience in management and supervision of land surveying for various projects from the development phase through the construction phase. His responsibilities have included quality /budget control; project scheduling; and coordination with civil engineers, land planners and other governmental agencies in order to successfully complete multi - million dollar projects. Mr. Tuggle has prepared tentative maps, final maps, parcel maps, legal descriptions, easement descriptions, right -of -way acquisition documents, lot line adjustments and ALTA surveys. The types of projects Mr. Tuggle has been responsible for include streets; storm drains; water lines; sewer systems; and commercial, multi - dwelling and single - family residential, and industrial properties. Mr. Tuggle has been responsible for reviewing and approving survey data; coordination of design work; managing and scheduling survey crews, and coordination with site superintendents; collection and analysis of field data; reviewing contractor bids; selecting contractors; and performing site inspections during construction. Mr. Tuggle has recently performed design and construction services on the following road projects: • Gilbert Street Storm Drain Improvements - Garden Grove • Dover Drive Storm Drain Improvements - Newport Beach • Baldwin Park Boulevard Improvements - Baldwin Park • Diamond Bar Boulevard Improvements - Diamond Bar Sunset Crossing Road Improvements - Diamond Bar • Firestone Boulevard Improvements - South Gate • Southern Avenue Improvements - South Gate • 183rd Street Improvements - Cerritos • Bloomfield Avenue Improvements - Cerritos • 166th Street Improvements - Cerritos • Norwalk Boulevard Improvements - Cerritos E 0 Subconsultant: LaBelle - Marvin, Inc. SUMMARY OF QUALIFICATIONS LaBelle - Marvin is a corporation which was founded in 1969 by Francis F. LaBelle. LaBelle - Marvin specializes in the analysis and design of asphalt concrete pavements. The company takes pride in offering professional pavement engineering services to their valuable variety of clients. LaBelle- Marvin, Inc. has developed a reputation as a leader in the evaluation of asphalt concrete pavements including the dynamic testing of in -situ pavement strength using the mobile Road Rater equipment. Expertise in paving system services include laboratory evaluation of asphalt concrete materials, aggregates, soils, soils stabilization and pavement rejuvenating /recycling. In addition, commercial pavements and private street systems are evaluated, rehabilitation designed, plans, specifications and bid documents prepared and distributed, the contract administered and repair operations monitored. Specialized services include use of the California Profilograph to determine pavement surface smoothness or the Mu -Meter to measure skid resistance characteristics. Subconsultant: Harrington Geotechnical, Inc. SUMMARY OF QUALIFICATIONS Harrington Geotechnical, Inc. provides quality geologic and geotechnical engineering services. The firms geotechnical expertise is carefully applied in those projects for which geotechnical design criteria are critical. Careful field observation and interpretation of data from specific laboratory tests allow Harrington Geotechnical's geologist and geological engineers to provide appropriate data for a variety of engineering applications. Harrington Geotechnical's main purpose is to provide sound, practical, and useful environmental and geotechnical services in a timely and cost efficient manner. a • Don Harrington, Sr., P.E. PROJECT ASSIGNMENT: President, Harrington Geotechnical Engineering, Inc EDUCATION: Civil and Structural Engineering, ICS Center for Degreed Studies Certificate in Environmental Auditing, California State University Certificate in Environmental Site Assessment & Remediation, University of California, Irvine Geotechnical Engineer License Review, University of California, ACTIVE REGISTRATION: Civil Engineer, California, Oregon and Nevada Geotechnical Engineer, California Environmental Assessor, California Registered Inspector, Long Beach, California PROFESSIONAL ACTIVITIES: Examination Consultant: Board of Registered Construction Inspectors, State of California, Department of Consumer Affairs, 1975 Director: California Geotechnical Engineers Association, 1974 -1975 Chairman: Governmental Practices Committee, California Geotechnical Engineers Association, 1973 -1975 Member: American Society of Civil Engineers International Society of Soil Mechanics & Foundation Engineers National Society of Professional Engineers American Society for Testing and Materials International Conference of Building Officials CONTINUING EDUCATION SEMINARS: ASCE Geotechnical - Shear Strengths for Slope Stability Evaluation and Practical Methods of Slope Stability Analysis PWI Consulting Engineers - Health and Safety Training for Hazardous Waste Operations Building Industry Association - Toxic Liability and Hazardous Waste Clearance Investigations Department of Civil Engineers - Building on Expansive and Collapsing Soils Post Tensioning Design Institute - Design and Construction of Post Tensioned Slabs on Ground Troxler Electronic Laboratories - Nuclear Testing Equipment Training Course ASCE - Individual Sewage Disposal Systems 0 0 FIRM'S EXPERIENCE & REFERENCES ♦ STREET IMPROVEMENT EXPERIENCE STORM DRAIN IMPROVEMENT EXPERIENCE REFERENCES 0 0 STREET IMPROVEMENTS DLA provides a full realm of services to various clients for their street improvement and new roadway design projects. Our staff has been responsible for preliminary and final plans, specifications and estimates, project and contract administration, construction observation, right -of -way engineering, field and construction surveying, pavement evaluation and rehabilitation, alignment studies, bicycle roadway systems, environmental impact studies, street lighting plans, landscape architecture, construction traffic control plans, bid documents, and preparation of as- constructed drawings. Our staff is also familiar with government funding requirements such as Community Development Block Grants, Federal Aid Urban, Housing and Urban Development, Local Public Works Act Bill, Housing and Community Development Administration, and Arterial Highway Financing Programs, ISTEA, and Measure "M ". 0 0 STREET IMPROVEMENT EXPERIENCE Listed below are some of the major street improvement projects in progress or recently completed by our firm. Client: City of Baldwin Park Project: 1996 -1997 CDBG STREET RENOVATION PROJECT Description: The project consisted of design of street improvements including design survey for various streets in the City of Baldwin Park. Construction Cost: $1 Million Completion Date: In Progress Contact Person: Ms. Anne Garvey, Associate Engineer (626) 960 -4011 Client: City of Baldwin Park Project: BALDWIN PARK BOULEVARD IMPROVEMENTS Description: Baldwin Park Boulevard improvements from Francisquito Avenue to Merced Avenue. This project included the reconstruction /rehabilitation of existing roadway, signage and striping plans, etc. Total length of project 3/4 mile. Construction Cost: $500,000 Year Completed: 1997 Contact Person: Ms. Anne Garvey, Associate Engineer (626) 960 -4011 Client: City of Diamond Bar Project: AMBUSHERS AND MEADOWGLEN IMPROVEMENTS Description: Ambushers Street between Woodhill Circle and 20914 Ambushers, and Meadowglen Road between Ironhorse Canyon and Silver Rain Drive. This project includes street and storm drain plans, striping and signage plans, specifications, etc. Construction Cost: $350,000 Year Completed: 1998 Contact Person: Mr. David Liu, Deputy Director of Public Works (909) 396 -5672 Client: City of Diamond Bar Project: DIAMOND BAR BOULEVARD Description: Diamond Bar Boulevard improvements from Palomino Drive to Temple Avenue. This project includes reconstruction /rehabilitation of existing roadway, signage and striping. Total length 1.75 miles. Construction Cost: $950,000 Year Completed: 1998 -99 Contact Person: Mr. David Liu, Deputy Director of Public Works (909) 396 -5672 0 0 Client: City of Diamond Bar Project: DIAMOND BAR BOULEVARD Description: Diamond Bar Boulevard improvements from Grand Avenue to State Route 60. This project includes reconstruction /rehabilitation of existing roadway, signage and striping plans, etc. Total length 1.75 miles. Construction Cost: $1 Million Year Completed: 1996 Contact Person: Mr. David Liu, Deputy Director of Public Works (909) 396 -5672 Client: City of Diamond Bar Project: SUNSET CROSSING ROAD IMPROVEMENTS Description: Sunset Crossing from Golden Springs Drive to Diamond Bar Boulevard. This project includes reconstruction /rehabilitation of existing roadway, signage and striping plans. Total length 1.25 miles. Construction Cost: $350,000 Year Completed: 1996 Contact Person: Mr. David Liu, Deputy Director of Public Works (909) 396 -5672 Client: City of South Gate Project: FIRESTONE BOULEVARD IMPROVEMENTS Description: Firestone Boulevard improvements from Alameda to easterly City limits. The project included reconstruction /rehabilitation of existing roadway with rubberized asphalt, reconstruction of curb and gutter, sidewalks, drainage improvements, signage and striping plans. Total length 4.5 miles. Construction Cost: $3.1 Million Year Completed: 1995 Contact Person: Mr. Shafique Naiyer, Acting Deputy City Engineer (323) 563 -9582 Client: City of South Gate Project: SOUTHERN AVENUE IMPROVEMENTS Description: Southern Avenue improvements from Long Beach Boulevard to Atlantic Avenue. The project included reconstruction of existing pavement, reconstruction of curt and gutter, sidewalks, striping, signage, and street lighting plans. Total length 1.7 miles. Construction Cost: $1 million Contact Person: Mr. Shafique Naiyer, Acting Deputy City Engineer (323) 563 -9582 Client: City of Cerritos Project: BLOOMFIELD AVENUE IMPROVEMENTS Description: Bloomfield Avenue improvements, from Artesia Boulevard to northerly city limits. The project included construction of landscaped and irrigated medians on Bloomfield Avenue. Also included in the project was rehabilitation of existing pavement using rubberized asphalt, construction of drainage improvements, signage, and striping plans. Total length 1.5 miles. 0 0 Construction Cost: $650,000 Contact Person: Mr. Vince Barr, Director of Public Works (310) 860 -0311 Client: City of Cerritos Project: 183rd STREET IMPROVEMENTS Description: 183rd Street Improvements, from Shoemaker Avenue to Marquardt Avenue. Project included construction of landscaped and irrigated medians on 183rd. Construction Cost: $1 Million Contact Person: Mr. Rash Syed, Associate Engineer (310) 860 -0311 Client: City of Cerritos Project: NORWALK BOULEVARD IMPROVEMENTS Description: Norwalk Boulevard improvements from Del Amo Avenue to the northerly city limits. Total length 1.6 miles. Construction Cost: $600,000 Contact Person: Mr. Rash Syed, Associate Engineer (310) 860 -0311 Client: City of Cerritos Project: 166TH STREET IMPROVEMENTS Description: 166th Street Improvements, from Bloomfield Avenue to Norwalk Boulevard. Norwalk Boulevard Improvements, from Del Amo Avenue to Northerly City limits. Total length 1.6 miles. Construction Cost: $500,000 Contact Person: Mr. Rash Syed, Associate Engineer (310) 860 -0311 Client: City of Cerritos Project: RESIDENTIAL STREETS Description: Residential Streets Rehabilitation Project, various locations, total length 1.2 miles. Construction Cost: $600,000 Contact Person: Mr. Rash Syed, Associate Engineer (310) 860 -0311 Client: City of Garden Grove Project: BROOKHURST STREET /TRASK AVENUE INTERSECTION Description: The project consisted of reconstruction /rehabilitation of the intersection with fabric, rubberized asphalt, additional turn lanes, signal modifications, etc. Construction Cost: $300,000 Contact Person: Mr. Bill Patapoff, City Engineer (714) 741 -5184 0 0 HYDRAULIC, HYDROLOGYAND STORM DRAIN IMPROVEMENT EXPERIENCE Our range of services in the area of storm drainage systems has included master plans; hydrology/hydraulic calculations; preliminaryfnal plans; specifications and estimates; planning; coordination of materials testing; topographic and construction surveying; construction /contract administration; inventory of facilities; mapping; condition analyses; and preparation of construction bid packages. • i Client: City of Anaheim Project: ORANGE FAIR LANE STORM DRAIN IMPROVEMENTS Description: The project consists extending a 48 inch diameter storm drain approximately 900 feet to collect surface runoff from Orange Fair Lane. In doing so the new line crosses several sets of railroad tracks requiring extensive coordination with the Southern California Regional Rail Authority. Construction Cost: $200,000 Year Completed: 1998 Contact Person: Mr. Eddy Jan, Associate Engineer (714) 254 -5176 Client: City of Laguna Beach Project: SOUTH LAGUNA BEACH STORM DRAIN Description: Construction of a new storm drain system in South Laguna Beach of approximately 3,500 L.F. with an energy dissipator at the outlet structure. Expected completion date in mid -1998. Construction Cost: $700,000 Year Completed: 1998 Contact Person: Mr. Steve May, City Engineer (714) 497 -3311 Client: City of Newport Beach Project: EAST NEWPORT HEIGHTS STORM DRAIN Description: Construction of major storm drain improvements on Dover Drive. The total length of the system is approximately 2,700 linear feet. Expected completion date: 1998. Construction Cost: $750,000 Year Completed: In Progress Contact Person: Ms. Marla Matlove, Senior Civil Engineer (714) 644 -3322 Client: City of Garden Grove Project: GILBERT STREET STORM DRAIN Description: Construction of major storm drain improvements on Gilbert Street from Lampson Avenue to Bixby Avenue. The size of the storm drain varies from 54 inches to 42 inches. Year Completed: 1997 Contact Person: Mr. Navin Maru, Assistant Engineer (714) 741 -5180 Client: City of Diamond Bar Project: AMBUSHERS AND MEADOWGLEN IMPROVEMENTS Description: Ambushers Street between Woodhill Circle and 20914 Ambushers, and Meadowglen Road between Ironhorse Canyon and Silver Rain Drive. This project includes street and storm drain plans, striping and signage plans, specifications, etc. Construction Cost: $200,000 Year Completed: In Progress Contact: Mr. David Liu, Deputy Director of Public Works (909) 396 -5672 0 0 LIST OF REFERENCES Additional information regarding the professional capabilities of Dewan, Lundin & Associates can be obtained by contacting the present and former clients listed below. We urge you to contact these references regarding our record of performance, quality of work, and ability to meet time schedules. Mr. David Liu City of Diamond Bar Deputy Director of Public Works (909) 396 -5672 Mr. Ralph Harp City of Anaheim Principal Civil Engineer (714) 765 -5176 Mr. Tom Melendrez City of South Gate Senior Engineer (323) 563 -9537 Mr. Bob Kellison City of Fountain Valley Project Coordinator (714) 965 -4400 0 0 PROJECT SCHEDULE J W U z CO W 0 z a 0 0 z:m acj:x Z O c� ON W Q F- f SCI W E4 J�a mN a Lj w m0 z N O m > H J (n M i--� 0H � Z W N O M d 3 W Z 1] 0 RESOURCE REQUIREMENTS C L E O r d ru r ru N m L O " F d N Z C W SO-. cc r2 R d Lu = 7 �a O j R m L u 0 UJ N Z 00) c y tQ W r o M V LL @ t d m d N M J Q U U c W •� 7 N a V V 1 N i i O N CO a J U m a°) c m 0 o 0 O Q J � C t0 � ~ C = W � c W Z U � U p co C U O ED O O O N O i N r i 0 tO y W O � m W > w O U) U H K U W W -)Z V V a V V vt N fD N M W N [O vt co c0 co co V f0 � 0 1 az w ~w w (9 QZ N N N N N N N N N V N N N N N vt CO N d' Q ag W J < C1 ¢ a O Y U a O CL H Y O 0 F' N '> C t0 C m U N E N m o K Y z m a a > W C z a ¢ co p J .0 E a a Q y O m M o a� w O U N _ W WQ O 0 ' cn 'm O w m � o a f (O 7 Z w Q Q° E O y O O_ E F N W W 0 F ° c E ° E E o ( w 0 = z F V) z o o o a IL c7 w O N 0 U) in W e i i5 in W E° c= o p c7 V) z 41 c n `° Z` Z' Z E a m >, Z` Z' Q m v oiS E U z p i w t9 CO c c c c d Ol N 0)i O y Z J 0 .m > o O J c a E in U) 'o rn U y Y> Q Q Y v a i E .E .E o - o c E E c p z a O z Q N w m N E V Tm 'd N p c c 6 C a w __a5Q Ja Z D. m o a n. a_ m '0 2 G LL LL E 2 tL y Z g fn Z F= U w Z E z d d d d Z E° �, D E d Y m d d¢ J J n a a a a °t a a a Im 'm Q « y .� E J« d o a a o a y 7 W W w w W i d j ¢ a d d w m d a` d d d U m d Z .��, a d� d d N N a o 0 (7 o. V) 0 LLy O a¢ Q 0 Percent of work hours performed be various members of the team by designation, will be as follows: Project Team Member Percentage of Work Hours Project Manager 13% Project Engineer 40% Survey Crew 9% Designer 35% Estimator 3% Subconsultants: Not Included 0 0 APPENDIX ♦ SAMPLE PLANS ♦ INSURANCE CERTIFICATE ♦ MINORITY CERTIFICATE • Certificate of Insurance • Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 250 Newport Center Drive, Suite M -106 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Newport Beach, California 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. (949) 729.0777 Fax (949) 729.0770 EFFEC. DATE Insured's Name and Address: Companies Affording Coverage DL&A (Dewan, Lundin & Associates) Company A -- American Motorists Insurance Company 12377 Lewis Street, Suite 101 Company B -- Continental Casualty Company Garden Grove, California 92640 General Aggregate $2,000,000 COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ANY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES. CO. TYPE OF POLICY POLICY POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE LTR. INSURANCE NUMBER EFFEC. DATE EXPIR. DATE LIMITS GENERAL LIABILITY Authodxed Representallve: Date: septembw 17, 199s General Aggregate $2,000,000 Products-Com/O pe Agg. $2,000,000 A [XI Comml. Gen. Liability 7JW304394 -01 09126/98 09126199 Personal & Adv. Injury $1,000,000 ( I Claims Made Each Oacurtence $1,000,000 ( X I Occurrence Fire Dame ge (any one Oro $ 100,000 (XI Independent Contractors Other I X I Contractual [Xj BFPD I $ AUTO LIABILITY Combined Single Limit $1,000,000 A [ I Any Automobile 7JW304394 -01 09126198 09/26/99 Bodily Injury (per person) [ I All owned autos [ I Scheduled autos $ Bodily Injury (per accident) [ X I Hired autos ( X I Non-owned autos $ Property Damage [ I Garage liability i EXCESS LIABILITY ( j Umbrella Forth Each Occurrence $ Other than Umbrella Form Aaareoilto $ WORKERS' Statutory UnTits: A COMPENSATION 7CW304394 -03 09101198 09/01/99 Each Aoddent $1,000,000 AND EMPLOYERS' Dlaea ollcy Limit $1,000,000 LIABILITY Disease -Each Employee 1 10001000 B PROFESSIONAL SFN133324987 0912311998 09123/2001 Per Clain / $ 1,000,000 LIABILITY And Aggregate $1000000 Description of Operations/ LocationsNehicies /Resttic6onsiSpecial Items: EVIDENCE OF COVERAGE'S RENEWED Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAR 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT BI THE EVENT OF CANCELLATION DUE TO NO AYMENT OF PREMIUM IN WHICH CASE A 10 DAYS NOTICE WILL BE GIVEN. eats mWE CNANaa IN cA4cN.L AnoN voitsuisin Authodxed Representallve: Date: septembw 17, 199s Heather HI 'a �_ CCCCCCCCC TTTT • CCCCCCCCC TTTT CATEGORIES and BUSINESS Types---- - CCCC TTTTTTTTTTTTTT C8700 CCCC TTTTTTTTTTTTTT SE CCCCCCCCC TTTT DESIGN CCCCCCCCC TTTT TTTT C8710 TTTTTTTTT SE CALTRANS CIVIL ENGINEERING Certification Number: CT- 027313 Certifying Agency: CALTRANS Expiration Date: 02 -01 -2000 Contact Person: SURENDER DEWAN Attention: SURENDER DEWAN DEWAN, LUNDIN B AS 12377 LEWIS ST 0101 GARDEN GROVE, CA 92640 ASIAN IND MALE PARTNERSHIP ---- -Post in I uuuc •anw (714) 740 -8840 DRTMENT OF TRANSPORTATION B 91ness Enterprise Program PO BOX 942874 - MS 79 SACRAMENTO, CA 94274 -0001 (916) 227-9599 - -- * CERTIFIED PROGRAMS - -- DBE SMBE CERTIFICATION MUST BE RENEWED 120 DAYS PRIOR TO EXPIRATION DATE. - -- It is your responsibility to: - Apply for Recertification on a Timely Basis. - Review this notification for accuracy and notify Caltrans in writing of any necessary changes. -- ---Preferred WORK LOCATIONS---- - 19 LOS ANGELES 30 ORANGE 33 RIVERSIDE 36 SAN BERNARDINO 37 SAN DIEGO (( Only certified DBE's may be utilized to meet Federally funded contract goals. Only certified SMBE or SWBE's may be utilized to meet State funded contract goals. Only certified CFMBE or CFWBE's may be utilized to meet Century Freeway contract goals. - - - -- Preferred WORK CATEGORIES and BUSINESS Types---- - C8700 CONSULTANT SE C5705 DESIGN SE C8710 ENGINEERING SE C8720 CIVIL ENGINEERING SE 08721 RIGHT OF WAY ENGINEER SE C8760 SURVEYOR SE C8765 DRAFTING SE C0770 CONSTRUCTION MANAGEMENT SE (( Only certified DBE's may be utilized to meet Federally funded contract goals. Only certified SMBE or SWBE's may be utilized to meet State funded contract goals. Only certified CFMBE or CFWBE's may be utilized to meet Century Freeway contract goals. E 32ND STREET IMPROVEMENTS EXHIBIT "B" SCHEDULED BILLING RATES ATTACHMENTS October 19, 1998 Mr. Bill Patapoff City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 OCT 1 9 1998 SUBJECT: Revised Fee Proposal for Professional Engineering Services FY 1998 -1999 Street Rehabilitation Program 32"" Street Rehabilitation and Newport Boulevard 129th Street Storm Drain Dear Mr. Patapoff: Pursuant to the meeting held at your office on October 12 "', enclosed herewith is the revised fee proposal for the subject project. The proposal has been revised to reflect the following: a) Revised scope of geotechnical services per attached letter from Harrington Geotechnical, dated October 16, 1998. b) Include preparation of plans for construction of asphalt concrete overlay on Newport Boulevard between 32nd Street and 30 " Street and delete striping and signage plans. If you have any questicns or concerns regarding this submittal, please contact the undersigned. Sincerely, Dewan, Lunddin &?associates —k� i,. Surender Dewan, P.E. Principal Enclosures NB- 004Rev -PRO FEE PROPOSAL For Proposal for Professional Engineering Services FY 1998 -1999 Street Rehabilitation Program 32 "' Street Rehabilitation and Newport Boulevard /29th Street Storm Drain Revised October 19, 1998 ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development ........................... $930.00 2. Design Survey ......... ............................... $5,650.00 3. Preliminary Design Phase ............ I .............. 1 $13,845.00 4. Final Design Phase ..... ............................... $6,785.00 5. Assistance during Bidding Phase ........................... $645.00 6. As -Built Plans ............ ............................... $930.00 7. Printing Allowance ........ ............................... $500.00 Subtotal: $29,285.00 Subconsultants: Harrington Geotechnical, Inc . .. ............................... $4,550.00 (Geotechnical Investigations) Mark -Up 10% .............. $455.00 Subtotal: $5,005.00 TOTAL NOT -TO- EXCEED FEE: .............................. $34,290.00 SCHEDULE OF HOURLY RATES Dewan, Lundin & Associates HOURLY CHARGES FOR PERSONNEL: Project Manager ................. ............................... $85.00 Project Engineer ................. ............................... $70.00 Design Engineer ................. ............................... $60.00 CADD Designer ................. ............................... $60.00 Senior Drafter ...................... I ...................... $45.00 Senior Plan Checker .............. ............................... $55.00 Construction Administrator ......... ............................... $55.00 Construction Observer ............ ............................... $45.00 Building Official .................. ............................... $65.00 Building Plan Check Engineer ...... ............................... $60.00 Building Plan Examiner ........... ............................... $60.00 Building Inspector ................ ............................... $50.00 Two -Man Field Party ............. ............................... $130.00 Three -Man Field Party ........... ............................... $185.00 Office Survey Analyst ........ ............................... $50.00 Word Processor ................. ............................... $30.00 i �. ;. ! HH 1181'111 toll ' CO Ct1111Ca1:' 1�11�'jiil�i lll�, If1C. September. 18, 1998 (Revised 10/16/98) VIA FAX & U.S. MALL S ure rider Dewan DEWAN; LUNDIN & ASSOCIA'T'ES 12377 -Lewis Street; Suite 101 .:.Garden Grove, CA 92640` Re Proposal to Provide Geotechnical Engineering Services for a) 32', Street Reha bilitation and b) Construction of Newport Boulevard/29th Street Storm Drain. HGEI Proposal No P -0727 Dear Mr. Dewan: In accordance with your request, Harrington Geotechnical Engineering, Inc., is pleased to submit this Proposal to provide the above- referenced services for your consideration. We propose to complete a limited preliminary investigation, comprising the following: Mark the proposed boring locations and notify Underground Service Alert to obtain clearances. j • Procure the services of a speciality company to provide traffic control. Procure, the services .of a licensed contractor to drill. four borings with an 8- inch diameter, hollow -stem, spiral auger to check the existing pavement structural section: and develo information on soil and groundwater conditions. Two of the borings, one in �Street and another in Newport Boulevard, will be drilled to 15 feet to obtain soil samples, log subsurface conditions, and measure the pavement structural section. Two borings will be drilled in 32nd Street to a depth of five feet to measure the pavement structural section and obtain samples for R -value testings. The borings will.be backfilled with auger cuttings immediately upon completion of sampling and the street pavement will be temporarily patched with cold -mix asphalt concrete. Surplus soil will be removed from the right -of -way. • Perform laboratoy tests on selected samples to establish data on soil conditions. Typically, the laboratory program for a street rehabilitation/storm drain project includes: compaction, moisture, density, shear, sand equivalent, water - soluble and stabilometer (R Value) tests: j Batavia Business Center, 1938 North Batavia Street, Suite N, Orange, CA 92865 (714) 637 -3093 (600) 924 -7645 FAX (714) 637 -3096 DEWAN,.LUNDIN & ASSOCIATES' HGEI Proposal_.No. P- 0727 -R September 18,1998 (Revised 10 /16/9$) - Page 2 •` Preparation of a written report on the findings and results of the investigation along with recommendations /comments pertaining to trench stability, shoring, backfilling and compaction for the storm drain project and a recommended overlay for 32 "a Street. Our fee. for the investigation outlined will be $4,550.00. It has been assumed that if a permit is required from the City of Newport Beach it will be issued at no cost. Wiz anticipate that the investigation can be started within five working days of receipt of authorization to proceed and completed within 15 workings days thereafter. To assure a clear understanding of all matters related to our mutual responsibilities, the Standard Provisions for Geotechnical Engineering Services (Attachment "A ") are made a part of this Proposal. If this Proposal meets with your acceptance, please complete the Agreement & Work Authorization (Attachment `B ") and return the blue copy for our file. We appreciate f the. opportunity to submit the Proposal which we trust meets with your acceptance and are looking forward to being of assistance again on this project. Very truly yours, HARRINGTON GEOTECHNICAL ENGINEERING, INC. 03 November 9, 1998 ;, I) 9. i I CITY COUNCIL AGENDA APPRCV�D ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 32ND STREET AND NEWPORT BOULEVARD IMPROVEMENTS — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION: Approve a Professional Services Agreement with Dewan, Lundin & Associates, of Garden Grove, California, for professional engineering services for a contract price of $34,290. DISCUSSION: During heavy storms flooding occurs in Newport Boulevard, in the area of 29`h Street and 32nd Street. Existing storm drain facilities, comprised of small diameter corroded corrugated metal pipe, convey drainage in Newport Boulevard to the Rivo Alto Channel. • The drainage system for this area is undersized and needs to be upgraded. The evaluation of the storm drain system will include a new storm drain in 291" or 30t' Street that will take the drainage to the Rhine Channel instead of the Rivo Alto Channel. See the attached location map. In addition to the drainage problems experienced in the area, 32nd Street, between Newport Boulevard and Balboa Boulevard, has shown several areas of pavement distress and has been identified, through the City's Pavement Management Program, as requiring rehabilitation. As a part of the City's FY 98 -99 Capital Improvement Program, staff invited six (6) engineering firms to submit proposals for design services for the project. The scope of the professional services include the research of available records, data collection, field survey, geotechnical investigations, utility coordination, hydrology, hydraulics, development and analysis of roadway rehabilitation strategies, preparation of project plans and specifications, pre- construction coordination and meetings, bidding and construction assistance, and the preparation of as -built plans after construction completion. Five (5) firms responded to the request for proposals. Staff reviewed the firms qualifications, past experience on similar projects, and availability; and ranked Dewan Lundin & Associates (DL &A) of Garden Grove as the most suitable for the project, SUBJECT: 32n0 Street Improve m� —Award of Professional Services Agreement • November 9, 1998 Page 2 DL &A has completed engineering services on similar rehabilitation projects for our City and other local agencies in Southern California. Funding Funds for this project are available in Account No. 7181- C5100467, 32nd Street Reconstruction and Newport Boulevard Storm Drain Improvement Program. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Stephen Cuy, P.E. Associate Civil Engineer Attachment: Professional Services Agreement Exhibit "A" Scope of Services Exhibit "B" Scheduled Billing Rates Project Location Map B\usersVbw\shared \council \ty98 -99�ov- 9432nd street.doc 0 0 u 3300 J JJR 3 N N N _u N_ N G O+ W G U U_ G U fiII :/I W/ ✓' i S V O/ P rpp`N p ; �rn WON O O ; ON� AmON A I 3210 O O / �3p S 0� \�- ' (If '/ INN o O N N _ _N j0000U _U i 0 324 J`�:9�U� �♦ At0 4 U., _ W VNVO� ,. (P ,� OJ r' � �'7d _. .... .. .. _ :✓\...92ND \S- TREE��=- 3100 3014 fmSN NNN \ �mm�p 3012 \ ____. � G • � \` • 3010 \ o _...__. ___.__ �, � '. 'a /. 3008 \ j 1 3017 N DDDD pNNN 300 \ W N N N N N O N N r N N p N b Oi W O h i°NUN V N N N N N N O N N N P� N N p N A Oi W m w I e N N N N NN yy D N N^A D „U OOOON U�NiO�G(1N „SON �' y a 0 N No �N N N, _N aal n ti a , \ m »j 52 j. 2823 ... 2821 1 2626r \ I �j PROJECT LIMITS 7 a78 r4 2816gg�; i t / b �r. J \ � 41? \a Q a zeoa 260 7 % 2800: iper>y. 2805 �lp 0 \ �Tgs6 I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32ND STREET IMPROVEMENTS DRAWN J. c. DATE 10- 4� -763 APPROVED PROJECT ENGINEER LOCATION MAP PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 9`" day of November, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Dewan, Lundin & Associates, whose address is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840, (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 0 now being conducted under the statutes of the State of California and the 0 Charter of City. B. City is planning to implement (Improvements to 32nd Street, Newport Boulevard and 29" Street) ( "Project') C. City desires to engage Consultant to provide professional engineering design services for pavement rehabilitation on 32nd Street and for storm drain facilities in Newport Boulevard and 29" Street upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Surender Dewan, P.E., Principal. -1- 0 E 0 0 0 E. City has solicited and received a proposal from Consultant, has reviewed 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 91h day of November. 1998, 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 thirty -four thousand, two hundred ninety Dollars ($34,290.00). -2- 0 0 3.1 Consultant shall maintain accounting records of its billings which includes is 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, 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. -3- • 0 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. 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. Ell 7 0 0 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 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 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 Surender Dewan, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those -5- • V • • 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 furnish 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 in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in 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. 8.1 Consultant shall submit all requests for extensions of time for performance is 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 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 -7- 1n . are desired. 12. E HOLD HARMLESS 0 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 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 Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole 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 attorneys' 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 filed with City prior to exercising any right or performing any work pursuant to this 12 0 9 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 the City Risk Manager. A. Worker's 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 $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of 5111 • 0 • million Dollars ($ 1,000,000.00). 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 -10- r� 9 venture 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 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. -11- 0 /c 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: 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 and the review of field conditions by Consultant. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work 0 schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer, 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. 0 -12- Pj 19. RECORDS . Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 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 -13- L J Ir„ • 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 borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 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. 0 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 -14- 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 . All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Surender Dewan, P.E. Principal Dewan, Lundin & Associates 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 (714) 740 -8840 Fax (714) 740 -8842 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 -15- 0 0 . 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. 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 0 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. 0 -16- 0 9 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 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 -17- t�J 1 ._ 0 0 0 0 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. 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: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk f:\ users \pbw%sh a red\agmt \99 \dewa nlund.doo ISM CITY OF NEWPORT BEACH A Municipal Corporation By: Thomas C. Edwards, Mayor City of Newport Beach CONSULTANT DEWAN, LUNDIN & ASSOCIATES By: Surender Dewan, P.E. Principal 0 0 32ND STREET IMPROVEMENTS EXHIBIT "A" SCOPE OF SERVICES ATTACHMENTS 11 Ll 0 0 0 PROJECT DESCRIPTION The proposed project consists of street rehabilitation of 32nd Street from Balboa Boulevard to Newport Boulevard and replacement of a storm drain system in Newport Boulevard between 32nd Street and 29'h Street, or replacement of the existing drainage system in 29'h Street. The proposed project consists of rehabilitation of existing roadway. Services to be provided by DLA, under this proposal, encompass a full range of services. These services include the following: 11 0 ♦ Design Survey ♦ Deflection and Material Analysis ♦ Geotechnical Investigation ♦ Preparation of Street Improvement Plans ♦ Preparation of Drainage Improvement Plans ♦ Striping and Signage Plans ♦ Project Specifications ♦ Estimate of Probable Costs ♦ Assistance to Resolve Design Related Issues During Construction ♦ As -Built Plans from Information Provided by the City I_� 0 0 1. PRELIMINARY DESIGN DEVELOPMENT ♦ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ♦ Notify all affected Public Utility Companies and identify all underground facilities and structures. 2. ♦ Obtain from City "as built' plans, centerline ties and bench marks. ♦ Review with City staff to obtain specific input related to City goals, and discuss preliminary issues. UTILITY COORDINATION ♦ Proposed improvements will be coordinated with the following agencies: a) Southern California Gas Company b) Southern California Edison Company C) Pacific Bell d) Irvine Ranch Water District e) Mesa Consolidated Water District f) Comcast Cable Vision g) Community Cable Vision Each of the above listed utility companies will be sent a "Utility Notification Letter" prior to commencement of preliminary design, preliminary improvement plans and final plans. Copies of all utility correspondence will be delivered to the City with completed construction documents submittal. 3. DESIGN SURVEY ♦ Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set aerial targets for each street. ♦ Conduct topographic survey and obtain street cross sections at 50 foot intervals. Street cross sections to show elevations of top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, centerline, top of median curb, finished surface at median curb. 0 0 0 0 ♦ Obtain street cross sections at all BCR's and ECR's. ♦ A minimum of two bench marks will be used for each street. Each bench mark will be described on the plans and in the survey notes. ♦ Provide report to the City containing all survey control and cross section notes. 4. GEOTECHNICAL INVESTIGATIONS ♦ Mark the proposed boring locations and notify Underground Service Alert to obtain clearances. ♦ Drill six (6) borings to a maximum depth of fifteen (15) feet. The borings will be backflled immediately upon completion of sampling and street pavement will be temporarily patched with cold -mix asphalt concrete. Surplus soil will be removed from the right -of -way. ♦ Measure the thickness of the pavement structural section and log the soil profile at each boring location, and obtain samples for examination and testing in the laboratory. ♦ Perform laboratory tests on selected samples to establish data on soil conditions. Laboratory testing includes compaction, moisture, density, shear, sand equivalent, water- soluble and stabilometer (R- Value) tests. ♦ Prepare a report on the findings and results of the investigation along with recommendations /comments pertaining to trench stability, shoring, backfilling and compaction for the storm drain and a recommended overlay for 32nd Street. 5. DEFLECTION ANALYSIS ♦ Drill a total of three (3) borings for the project. In general, borings will be located at 50 foot intervals. ♦ Non - destructive pavement deflection data shall be gathered from each traveled lane such that three sensor readings are recorded at each test location at select intervals. Road Rater, operator, recorder and traffic control will be provided as necessary. ♦ During deflection testing operations, notes of visual pavement conditions and /or • distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. Field data collected shall be processed through a computer. This process shall . produce a typed tabulation of all data and field notes thereon, which locate the intersection of cross streets, pertinent landmarks, field conditions, etc. The tabulation shall include the reading of three Road Rater sensors, as well as the conversion of Road Rater Sensor Number One to an equivalent Traveling Deflectometer unit. An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) shall be made. Prior to field sampling operations, Underground Service Alert will be notified, all test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. Coring and boring of the in -situ roadway materials shall be performed at noted locations to determine pavement thicknesses and to obtain subgrade materials for further analysis. Traffic control shall be provided during sampling operations. The in -place moisture content of the subgrade soil samples removed at each location shall be determined. Individual or composite samples of subgrade material which typify the materials encountered shall be selected and subjected to R -Value testing for replacement section design. Using the traffic indices or traffic information provided by the City of Newport Beach, and existing pavement thickness information determined during coring operations, the 80th percentile deflection response shall be compared to known pavement models. This comparison shall produce overlay requirements for a select design period in accordance with CALTRANS Test Method No. 356, and a service life reading (Nominal Service Life) for the roadways studied. A registered Civil Engineer shall supervise all operations, review all completed data and incorporate results of deflection testing and pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflection and materials analysis shall be provided. 0 0 0 6. PRELIMINARY DESIGN Street Improvements: ♦ Prepare base maps using computer aided drafting (AutoCad) and transfer data directly into the computer system. Plot existing utilities, existing right -of -ways etc. ♦ Provide necessary and proper coordination with all utility companies having facilities within the project area. Send preliminary plans to utility companies, requesting record data for all utilities. Record drawings provided by utility companies will be used in conjunction with field data showing manholes, valves, loop detectors and other appurtenances located by DLA during the deign survey. ♦ Plot existing cross sections. ♦ Superimpose proposed improvements over existing cross sections. ♦ Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. ♦ Develop alternate methods of achieving city goals, giving consideration to existing pavement condition as determined by pavement evaluation report. Repair, rehabilitation, partial and full replacement shall be considered. ♦ Prepare preliminary street improvement plans. ♦ Prepare preliminary signage and striping plans. ♦ Prepare preliminary estimate of probable costs. Drainage Improvements: ♦ Establish drainage boundaries and identify overland flow direction. ♦ Perform a hydrology study of the contributing area in accordance with County of Orange Hydrology Manual. ♦ Review proposed horizontal and vertical alignment of proposed improvements in relation to utility crossings. ♦ Prepare street capacity calculations to determine the location and sizes of proposed catch basins. ♦ Obtain and coordinate with the City for hydraulic grade line control for existing storm drain located on 32nd Street. • ♦ Compute main line hydraulics for the system using the P.C. Version of Program No. F051 (W.S.P.G. compiled by Woodcrest Engineering). ♦ Review hydraulic calculations with the City staff to identify system deficiencies. ♦ Design pipe sizes to maintain an open channel condition per City of Newport • Beach design criteria. If the contributing area is less than 100 acres, the proposed system will be designed for 10 year storm. For drainage area in excess of 100 acres, the proposed system will be designed for a 25 year storm. ♦ Prepare and submit preliminary storm drain plans to the City of Newport Beach for review. ♦ Prepare preliminary estimate of probable costs. 7. FINAL DESIGN PHASE Street Improvements: ♦ Evaluate cross sections and profiles for drivability. ♦ Prepare final street improvement plans. In addition, provide copies of all calculations, cross sections and other support data to the City. Title sheet will show: 0 Title 0 Vicinity and location map with plan sheet index and scale 0 Utility and plan legends 0 Bench mark, basis of bearings 0 General and master construction notes 0 Standard signature and title blocks 0 Utility notes, contact names and telephone numbers Plan and Profiles will include: 0 Topography between right -of -way and beyond as necessary. 0 Right -of -way limit lines (existing and proposed) 0 Utility location plot 0 Construction notes and quantity estimates 0 Typical sections and details 0 Top of curb and center line profile ♦ Prepare final striping and signage plans. Final plans to include: 0 Removal and /or construction of existing and /or proposed traffic features where applicable. • 0 Traffic striping (traffic lanes, crosswalks, etc.) 0 Traffic signing. 0 Pavement markings and markers. ♦ Prepare project specifications and cost estimates. ♦ Final plans will be plotted on 4 mil thick mylar and delivered to the City on IBM compatible floppy disks. Drainage Improvements: ♦ Prepare and revise alignment per City of Newport Beach's comments. ♦ Prepare and compute mainline pipe hydraulics. Compute hydraulic grade line on mainline and laterals. ♦ Prepare a hydrology and hydraulics notebook including copies of hydrologic and hydraulic calculations. ♦ Prepare final storm drain plans and intersection modification plans at 40 scale. ♦ Prepare estimate of probable costs for proposed improvements based on final design plans. ♦ Submit final plans to utility companies and obtain their approval. ♦ Prepare project specifications, estimates and bid packages. NOTE: The final plans will be submitted to the City on IBM compatible floppy disks. 8. CONSTRUCTION ASSISTANCE ♦ Provide coordination during bidding process including answering bidders questions during bidding phase. ♦ Provide assistance during construction phase including plan clarifications, answering contractors questions and making revisions to plans, if any, to facilitate smooth construction process. ♦ Prepare "as- built" plans based on information provided by the City. 11 0 0 9. QUALITY CONTROL /QUALITY ASSURANCE DLA will use the critical path method of management for this project. A schematic critical . path will be submitted at the beginning of the project. This C.P.M. chart will identify milestones and critical dates. The critical path will identify the order in which critical items are to be completed. Throughout the project and before the drawings are submitted to the City, a department review is implemented. This review will be performed by Mr. Walt Lundin, P.E. Plans will be reviewed for accuracy, dimensional errors, conformity before presented for review. 0 Is ?1 \_J 0 E C E O N d E tv .n � L O " H d N Z C W > � m d W = j �a o j R Co CY UJ a U i dr D y Z D 0 c cn m W O �Cw m r LL R .c to d C N Cl) 0 J Q m U 7 C Z U 'a N < a V N 't N i a w J U @ � a°i a) C7 O m ° F- m J o c � � (O V i N i l r ~ N = N C m W rn � c m W ° � c (fl j O t0 O t0 co O N O i N OO y U a r W � Y W > W L) U) N F- UW �W Z 7 V V V 'Q V V N (D N CEO CO N OD V (D c O V to O 0 of z .- IL W ~w w 0 O Z N. N N N N N N V' N N N N N V OD N N tr Q ag W J LLJ V) m a o Y a F U z O a 3 a m 3 °o U N N c ° U a) E° ° '> ) a) y C m °z > IL N d E j 5 0 Z a Q F U) w W m I m N N N O z E.ao E d as E < U IL z c ° L) O O < O Q Cl) a 7 Cz Q E Q 'c E F W to > w F ° ° E > ° u ) c to W p o U °) o U '� € o CL y m d z Q W z v io � in w c a T° CO in W .. E —_ c _` p C7 y 2 to c n c° Z Z` Z E a m> CD 2 Z¢ c a) c E W% _Z W W m co c c c w to c °) c c c= a' 0) a) v) °t N y z J .5 o c 'E 'E a E tp io o —°° in U Q Z T> Q Q V Y w m E E E o o a g X z o c.2 a 0 P -0 `a t o c c a T � w z y Z Z_ �- m 'o a a a E m 'o Y a. a to a ii iL E S iC W Z a U U m z E d E d E z E ,�, 5 d 0 E d ar d E Q j z W F� _E o. a a n 10 a ° a o. O. a to a a Q D �-' .� .� E J« m W to LL O W d _ E E C E= y o E Q d E a) W W V5 07 w W W W m ,�, a D a a 0- a D m U a a z .2, a s E a a w m N a o o C7 aN LL tA O a Q Q 2/ • Percent of work hours performed be various members of the team by designation, will be as • follows: Project Team Member Percentage of Work Hours Project Manager 13% Project Engineer 40% Survey Crew 9% Designer 35% Estimator 3% Subconsultants: Not Included 0 • 0 Ll 41 32ND STREET IMPROVEMENTS EXHIBIT "B" SCHEDULED BILLING RATES ATTACHMENTS 0 FEE PROPOSAL For Proposal for Professional Engineering Services FY 1998 -1999 Street Rehabilitation Program 32nd Street Rehabilitation and Newport Boulevard /29th Street Storm Drain Revised October 18, 1998 ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development ........................... $930.00 2. Design Survey ......... ............................... $5,650.00 3. Preliminary Design Phase ............................ $13,845.00 4. Final Design Phase ...................... . ........... $6,785.00 5. Assistance during Bidding Phase ........ .................. $645.00 6. As -Built Plans ............ ............................... $930.00 7. Printing Allowance ........ ............................... $500.00 Subtotal: $29,285.00 Subconsultants: Harrington Geotechnical, Inc . .. ............................... $4,550.00 (Geotechnical Investigations) Mark -Up 10% .............. $455.00 Subtotal: $5,005.00 TOTAL NOT -TO- EXCEED FEE: .............................. $34,290.00 0 ?t Dewan, Lundin & Associates LR_�J rr.1.11 c..,.�.,oe.i.,.. 12377 Lewis .1' 112377 SCHEDULE OF HOURLY RATES Dewan, Lundin & Associates HOURLY CHARGES FOR PERSONNEL: Project Manager ................. ............................... Project Engineer ................. ............................... Design Engineer ................. ............................... CADD Designer ................. ............................... Senior Drafter ............................ I ................ Senior Plan Checker .............. ............................... Construction Administrator ........................................ Construction Observer ............ ............................... Building Official ................................................. Building Plan Check Engineer ..... ............................... . Building Plan Examiner .......... ............................... . Building Inspector ................ ............................... Two -Man Field Party ............. ............................... Three -Man Field Party .......... ............................... Office Survey Analyst ........ ............................... Word Processor ................. ............................... $85.00 $70.00 $60.00 $60.00 $45.00 $55.00 $55.00 $45.00 $65.00 $60.00 $60.00 $50.00 $130.00 $185.00 $50.00 $30.00 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 23, 2000 Sully - Miller Contracting Co. 1100 E. Orangethorpe Ave., Suite 200 Anaheim, CA 92801 Gentlemen: Thank you for your courtesy in submitting a bid for the 32nd Street/Newport Boulevard Street Rehabilitation and 30'h Street/Newport Boulevard Storm Drain Improvements Project (Contract No. 3245) 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, �( r 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 May 23, 2000 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: Thank you for your courtesy in submitting a bid for the 32nd Street/Newport Boulevard Street Rehabilitation and 301" Street/Newport Boulevard Storm Drain Improvements Project (Contract No. 3245) 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 May 23, 2000 R.J. Noble Company P.O. Box 620 Orange, CA 92856 Gentlemen: Thank you for your courtesy in submitting a bid for the 32nd Street/Newport Boulevard Street Rehabilitation and 30'" Street/Newport Boulevard Storm Drain Improvements Project (Contract No. 3245) 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 May 23, 2000 Los Angeles Engineering, Inc. 4134 Temple City Boulevard Rosemead, CA 91770 Gentlemen: Thank you for your courtesy in submitting a bid for the 32nd Street/Newport Boulevard Street Rehabilitation and 30`h Street/Newport Boulevard Storm Drain Improvements Project (Contract No. 3245) 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