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HomeMy WebLinkAboutC-3333 - Amendment No 1-6, Balboa Village Improvement Plan• • 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 2:00 p.m. on the 20th day of September 2001, at which time such bids shall be opened and read for BALBOA VILLAGE IMPROVEMENTS PHASE 1 Title of Project Contract No. 3333 $ 3,300,000 Engineer's Estimate then G. Badum is Works Director Prospective bidders may purchase one set of reduced drawings (11" x 17 ") and specifications at a cost of $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Contractor License Classification(s) required for this project: "A" 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 TABLE OF CONTENTS NOTICE INVITING BIDS ........................... ............................... ..........................Cover INSTRUCTION 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 (CIVIL) .................................. ...........................SP -1 SECTION B SPECIAL PROVISIONS FOR TIDE GATE, OPERATORS AND CONTROLS ....... B -1 SECTION C SPECIAL PROVISIONS FOR INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT VARIOUS LOCATIONS ...................................... ............................0 -1 SPECIAL PROVISIONS FOR BALBOA VILLAGE STREET LIGHTING ..............0 -12 SECTION D SPECIAL PROVISIONS FOR HARDSCAPE AND LANDSCAPE ..........................D -1 0 0 SECTION E SPECIAL PROVISIONS FOR IRRIGATION ............................... ............................E -1 SECTION F SPECIAL PROVISIONS FOR LITHOCRETE ARCHITECTURAL CONCRETE PAVING AND SIDEWALK ....................................................... ............................... F -1 APPENDICES APPENDIX A - STANDARD PLANS AND DRAWINGS AMERICAN PUBLIC WORKS ASSOCIATION COUNTY SANITATION DISTRICTS OF ORANGE COUNTY APPENDIX B - EXCERPTS FROM GEOTECHNICAL REPORT BY DIAZ - YOURMAN & ASSOCIATES APPENDIX C - HORTICULTURAL REPORT BY SOIL PLANT LABORATORY, INC. APPENDIX D - CROSS SECTIONS BALBOA BOULEVARD (1 -Inch Cold Mill PCC / 2 -Inch Rubberized AC over AC Leveling Course) BALBOA BOULEVARD (2 -Inch Rubberized AC over 3 -Inch AC over 6 -Inch UB) APPENDIX E - PERMITS • • Contract No. C -3333 The Special Provisions contained herein have been prepared by or under the direction of the following Registered Persons: Street, st6jm drain, sewer, and water. sigrfing, and wfl.3 G Z t Ew•\ 3\ ° 1 J} CNIL �P 9jFOF CAUF�� and parking lot lighting, traffic control, hardscape, and irrigation. F dYSM City of Ne port Beac Recommended for Approval /QRpFESS/04 � nO258 ^ CML �P OF CALFF�� 4'p F 3`a -aZ. of No 41003 w 1 \�k E"p • ... 0 0 Page 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 INSTRUCTIONS TO BIDDERS A pre - construction meeting will be held on September 11'h , 2001 at 9 a.m. in the City Council Chambers. City staff will be available to answer questions about the construction documents. 2. Full size drawings can be obtained for a fee (approximately $250 for the first set) from CR Reprographics (714- 751 - 2680). 3. This project will use federal Community Development Block Grant funds for a portion of the construction costs. Therefore, this project will be subject to the certification, compliance and reporting requirements of the Davis -Bacon Act (29 CFR 5.5(a)), U.S, Department of Housing and Urban Development Section 3 regulations (24 CFR part 135), Copeland Act (29 CFR 3), labor safety standards and other federal requirements. An addendum to the City of Newport Beach Contract will be issued listing the specific requirements and certifications necessary to complete the bid package. 4. 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 5. Cash, certified check or cashier's check (sum not less than 10 percent 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. 6. 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. 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. 8. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 9. Bidders are advised that the Lithocrete installation is a specialized discipline and must be installed by a contractor licensed to install this material. In Southern California, the only contractor licensed and pre - qualified for this work is Shaw & Sons, 829 W. 17th Street, Ste. 5, Costa Mesa, CA 92627, (Contact: Paul Taylor (949 -642- 0660). See Section F for Lithocrete specifications. • 11 Page 2 The Bid Schedule stipulates the contract unit prices for installation of the different Lithocrete bid items. An additional discretionary bid item entitled, "Lithocrete Oversight and Administration" is included in the bid schedule. 10. Note that the drawing set shows proposed improvements for Phases 1, 2 and 3. However, bids shall be for all bid items to be constructed in Phase 1 only. Bid item quantities for Phases 2 and 3 shall not be included in this bid. Each sheet calls out which phase the proposed improvements will be constructed. Some sheets in the drawings set do not include any work in Phase 1 (for example Sheet 7) and are included only as a reference. See the location map on the title sheet for the areas of Phase 1 work. 11. 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 a discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of an error in the multiplication of an estimated quantity by a 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. 12. 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. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 13. This project is subject to the provisions of the Davis -Bacon Act. Any contract entered into pursuant to this notice shall incorporate the provisions of the Federal Labor Standards which are on file at the Public Works Department 14. 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 Califomia Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive) — except whenever such provisions are superseded by Federal Regulations. 15. 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". 16. 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. -155)3510 OJ&S`A` Contractors License No. & Classification Auth ized ignature & Title Fiby r�uui G 01( Cdr druoloo, TY101 . Q-1,3-01 Bidder Date 0 • Page 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 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 f Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF . THE BID Dollars ($ 10% of BI ), to be paid and forfeited to the City of Newport Beach if-the bid proposal of the undersigned Principal for the constriction of BALBOA VILLAGE IMPROVEMENTS PHASE 1 , Contract No. 3333 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 17th day of SEPTEMBER , 2001. GCI CONSTRUCTION, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF Name of Surety AMERICA 21688 GATEWAY CENTER DRIVE Address of Surety P.O. BOX 6512 DIAMOND BAR, CA 91765 -8512 (909) 612 -3000 Telephone gutho ' ed Si naturelTitl F ) _ i r,\ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACT CALIFORNIA State of California County of orange ..J On ISO 121 alb( before me, Janet L. Russell — Notary Public GATE %. f - NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC personally appeared U NAME(S) OF SIGNER(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 ac- knowledged to me that he /she /they executed _ the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET L. RUSSELL Comm. / 1166123 rn N NOTARY PUBLIC-CALIFORNIA •' Orange County BY Comm. Expires Oa. 21, 1001 WITNESS my hand L. OPTIONAL official seal. OF NOTARY Notary Publ 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 TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN NAME OF PEPWNS) OR ENTITYUES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE BO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7 194 • Canoga ParK CA 91309 -7184 STATE OF CALIFORNIA . SS. COUNTY OF RIVERSIDE On- -7 before me, R. STANDLEY PERSONALLY APPEARED= - -- MICHAEL D. STONG-- Personally known to me (ar.. ,. f to be the personC&�whose name(+ is /Fkfe subscribed to the within instrument and acknowl- edged to me that he/ ��;-�.�- executed the same in his/ ,h-• '4+@i.- .authorized capacity(ies), and that by his /her./ -gieir signature(e) on the urstrument the person 4, or the entity upon behalf of which the person(s) acted, executed the unstrument. WITNESS my hand and official seal. Signature OPTIONAL ',2. R. STANDLEY as COMM. #1263272 x NOTARYPUBLIC- CALIFORNIA N RIVERSIDE COUNTY My Comm. Expires June T, 2004 This areafor 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 TITLEIS) ❑ PARTNER(S) ❑ LIMITED N ATTORNEY- IN.FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN➢TY(IEE) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1D0" 1Cie19' ALL - PURPOSE ACKNOWLEDGEMENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA �VELERS CASUALTY AND SURETY COMPW FARMLNGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Monteon, Rosemary Standley, of Riverside, California, their we and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's sea] bonds, recognizances, contracts of indemnity, and other mitutgs obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11 A0 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of August 2001. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD 00(a m r,�S,IA< gym �O?d�y_�� _p•p_�,�"�rL , < D r Y tl 2� O c i"a� a (� D a! b�,y a �� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 28th day of August, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 0 0 My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signel and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this /74 day of 2001. g,3SiNNSWCn' gJ,,�TV ANO SL ?C^SU��� ti IHco'o By fGL_ v Kod M. Johanson Assistant Secretary, Bond 0 0 Page 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 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. 1. 2. 3. 4. 5. 6. 7. 8. 9. Subcontract Work Subcontractor Address /��_ 111 Ii J ��i� ✓��� Bidder . •: • • Page 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed h pllenntedd Name /Agency To Contact Number Bidder a C I CONSTRUCTION, IN* FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CONTRACT CUSTOMER NAME & ADDRESS JOB #1 LOCATION AMOUNT CITY OF ANAHEIM 038 Illinois Street Water Main Replacement Project 565,720 200 S. Anaheim Blvd. Anaheim, CA 92805 (714) 765 -5100 CITY OF FOUNTAIN VALLEY 017 Park & Ride Lot at the Fountain Valley 166,669 10200 Slater Avenue Recreation Center Fountain Valley, CA 92708 } (714) 593 -4400 CITY OF INDUSTRY 1 077 Parriott Place West Street Improvements _ 1,614,179 INDUSTRY URBAN- DEVELPMT.AGENCY 15651 E. Stafford Street City of Industry, CA 91744 (626) 333 -2211 i CITY OF LAGUNA BEACH 025 Virginia Park Drive, Skyline Drive & Vista 315,315 505 Forest Avenue Lane Storm Drain Laguna Beach, CA 92651 4 059 Park Avenue Storm Drain Improvements 52,604 (949) 497 -0351 CITY OF MISSION VIEJO 089 La Paz /MuirlandsIntersection Improvements 809,720 25909 Pala, Suite 200 Mission Viejo, CA 92691 (949) 470 -3052 CITY OF NEWPORT BEACH 1 009 Water Line Replacements & Alley 26,243 3300 Newport Blvd. ReconstructionMarcus Newport Beach, CA 92658-8915 012 Jamboree Road Sewer Improvement 139,730 (949) 644 -3311 018 Central Balboa Water, Sewer & Alley 495,804 i Improvements & West Newport Beach Main Replacement, Phase 11 { 040 3T' St. Newport Blvd. Street Rehabilitation& 524,288 30th St./ Newport Blvd. Storm Drain Improv. 069 Bayside Drive Storm Drain Improvements 267,905 082 Newport Dunes Storm Water Diversion 60,065 091 Comm. Of Beacon Bay Assmt. Dist. No. 79 658,115 Street, Drainage, Lighting & Utility Improvement and City Sewer Replacement CITY OF ROSEMEAD 1 013 Storm Drain Improvements 330,031 8838 East Valley Blvd. j Rosemead, CA 91770 (626) 288 -6671 I CITY OF TORRANCE 016 Constructionof CMP Replacement Program 1,021,000 3031 Torrance Blvd. 1998 -199 026 Construction of Amie Avenue G:Vmet \GCN0BL1MGC1 REFERENCE SHT.dm Page 1 of 4 st I CONSTRUCTION, INCJ* FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT Torrance, CA 90509 -2970 ! RetentionBasin Force Main 423,078 (310) 618 -2820 j 090 Emergency Channel Stabilization 25,920 COUNTY OF ORANGE 071 Santiago Canyon Road / Transportation 331,299 CONSTRUCTION DIVISION I Corridor — Drainage Improvements P.O. Box 4048 Santa Ana, CA 92702 -4048 I (714)567 -7812 _ C.W. DRIVER 035 "Perilous Plunge" -Utilities 215,583 7442 North Figueroa Street Los Angeles, CA 90041 -1710 (323) 259 -8600 EL CAMINO ENCLAVE 1 036 Falda Avenue, Torrance (Underground) 238,834 561 W. Rincon Street Corona, CA 91720 (909) 725 -8616 s GORDON & WILLIAMS 003 East L.A. Recycling & Transfer Station 313,144 2 Faraday 010 Coasters Restaurant- Knott's Berry Farm 12820 Irvine, CA 92628 081 Farmers Market -E, O, & P — Los Angeles 141,730 (949) 588 -2855 IRVINE RANCH WATER DISTRICT 001 Bonita Creek Park Trunk Sewer Relocation 621,100 15600 Sand Canyon Avenue Irvine, CA 92618 (949) 453 -5585 JOHN LAING HOMES 037 Laing Homes Meadowlark Utilities- Tract 99,981 19600 Fairchild, Suite 150 15472 Irvine, CA 92612 (949) 476 -9090 Ext. 230 KNOTT'S BERRY FARM ( 010 Coasters Restaurant Knott's Berry Farm 12,820 8039 Beach Blvd. 023 "Wipe Out" & "Scrambler" 71,031 Buena Park, CA 90620 il 027 "Soak City" Demo 123,882 (714) 220 -5227 028 Parking Lot Rehab for Restriping 51,309 029 Employee Parking Lot 29,418 030 "Soak City" — Water Lines 13,000 031 Mechanical Pump Buildings - "Soak City" 899,999 032 "Soak City" Grading 572,073 033 "Soak City" - Utilities 498,067 034 "Perilous Plunge" - Demo 159,750 039 Cross Town Sewer 210,708 041 "Soak City" — Asphalt Paving 170,394 043 "Soak City" — Concrete Flatwork 753,828 c:vmeckccn OBC.1SMCr REFERENCE SHT.doc Page 2 of 4 t C I CONSTRUCTION, IP* F RMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CONTRACT CUSTOMER NAME & ADDRESS JOB #J LOCATION AMOUNT GAJ�t\GC1v0aL1SnGC1 REFERENCE SHT.aoc Page 3 of 4 044 "Soak City" — Wall #1 for Ramp to Bridge 94,590 j 046 Grand Avenue Drop Off - Knott's Berry Farm 102,136 i 052 Retaining Wall & Bridge Abutment -Soak City 305,293 054 Stanton Avenue Phase -1 136,071 055 Housekeeping Pads — "Soak City" 9,812 LOS ANGELES COMMUNITY 063 Certain Domestic Underground Water Mains - 238,103 COLLEGE DISTRICT East Los Angeles College Facilities Planning & Development i 770 Wilshire Blvd. ` Los Angeles, CA 90017 (213) 891 -2480 LOYOLA MARYMOUNT UNIVERSITY 1 002 L.M.U. Export - Playa Vista 716,502 7900 Loyola Blvd. Los Angeles, CA 90045 -8370 (310) 338 -7762 MISSION VIEJO CHRISTIAN CHURCH 1 011 Mission Viejo Christian Church 11,222 27405 Puerta Real Suite 360 Mission Viejo, CA 92691 (714) 768 -0209 MR. JOHN THORSELL 1 006 Water Line Relocation - Dana Point 13,709 I Santa Lucia Dana Point, CA 92629 ! (949) 448 -8722 NEWPORT MESA UNIFIED SCHOOL 1 076 Grading Improvements for Construction of Preschool at Whittier Site 12,005 DISTRICT 2985 -E Bear Street I Costa Mesa, CA 92626 (714) 424 -7528 OAKHILL DEVELOPMENT 1 068 35386 Camino Capistrano, Lot 57, Tract 1127, 99,260 1048 Irvine Blvd., #363 I Dana Point Newport Beach, CA 92660 i (949) 574 -9164 ORANGE COUNTY WATER DISTRICT ( 048 Santiago Creek Recharge Project f 352,956 10500 Ellis Avenue Fountain Valley, CA 92728 (714) 378 -3305 PACIFIC BUILDING INDUSTRIES j 024 Bayside Restaurant - Newport Beach 3190 -K Airport Loop Drive Costa Mesa, CA 92626 (714) 755 -0299 2,700 GAJ�t\GC1v0aL1SnGC1 REFERENCE SHT.aoc Page 3 of 4 *C I CONSTRUCTION, INCO FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT PERDOMO BLT ENTERPRISES, LLC j 003 East L.A. Recycling and Transfer Station 313,144 511 Spectrum Avenue Oxnard CA 93030 (805) 278 -8220 PLAYA CAPITAL COMPANY, LLC j 004 Placement of LMU Import Material 132,470 12555 West Jefferson Blvd., Suite 300 Los Angeles, CA 90066 (310) 822 -0074 PORT OF LONG BEACH �Y022 ___ Removal _ of Nich__ olson _ Avenue Ramp ____ 128,153 925 Harbor Plaza Drive, 4' Floor Long Beach, CA 90801 (562) 437 -0041 SOUTH COAST WATER DISTRICT 007 Coastal Treatment Plant - Export Sludge Force 93,109 31592 West Street Main Phase III Laguna Beach, CA 92607 015 Camino De Estrella Sewer Main 110,767 (949) 499 -4555 058 Pacific Coast Hwy. 12" Water Main, Dana Point 1,108,766 j 058 -CI01 -106 Holtz Hill Waterline, Dana Point SOUTHERN CALIFORNIA WATER 045 Albertoni Blvd., East of Avalon Blvd. - 12" DI 142,229 COMPANY Pipe Watermain Installation 17140 South Avalon Blvd., Suite 100 047 Inglewood Avenue 12" DI Pipe 251,790 Carson, CA 90746 1049 223` Avenue, Hawiian Gardens- Watermain 217,257 (310) 767 -8205 050 224' Avenue, Hawiian Gardens - Watermain 223,773 051 I Brittain Avenue, Hawiian Gardens-Watermain 241,993 TRI CORPS ENGINEERING 075 Aliso Viejo Desilting Basins 42,750 7005 Hwy. 215, Frontage Road Moreno Valley, CA 92553 (909) 369 -9396 WALNUT VALLEY UNIFIED SCHOOL 008 _ Morning Sun Landslide Site - Walnut 25,392 DISTRICT 073 Morning Sun St. Grading & Storm Drain 71,816 880 South Lemon Avenue Walnut, CA 91789 (909) 595 -1261 Ext. 1378 GAJ=et \GC1\J0BLIST\GC1 REFERENCE SHT.doc Page 4 of 4 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of or -' —U� Page 6 �--I%Acci awn& , being first duly swom, deposes and says that he or she is ice"[ YyaI( -,e1' of (SCI LIN the party making the foregoing bi that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signature/Title FIVfm 5QS - TyrQXS. Subscribed and swom to before me this 10day of ANET L. RUSSELL Comm. /1166123 N NOTARY PUBLIC- CALIFORNIA Orange Lowy ry Public MY Comm. Expires Dec. 21, 2001 a MY Commission Expires: 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA VILLAGE IMPROVEMENT PHASE 1 CONTRACT NO. 3333 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 Instruction to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that the material supplied by the City and shall perform all work required to complete Contract No. 3333 in accord with the Plans and Special Provisions, and will take in full payment therefore the following lump sum or unit prices for work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE LS Mobilization OYt¢ liurj 0t Dollars and co RO Cents $ °a• Per Lump Sum 2. 1 LS Traffic Control �y� -Q� n l Q l' 'bollars and od VtS� Cents $ 9 Per Lump Sum 3. 18,100 SF Cold Mill PCC Pavement Dollars and Eigl'Lit4 Cents $ to $ /`sG O °O Per Square Fooi PR -1 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13 5. 6. 7 9 0 10. 11 5,800 LF Sawcut & Remove PCC Curb & Gutter Ca �=GUr Dollars and r- Cents $ q, �50 Per Linear Fool' 36,000 SF Sawcut & Remove 8" PCC Roadway no Ono Dollars and Cents $ 1,40 Per Square Foo 1150 SF Sawcut & Remove PCC Driveway Approach na. OPtD Dollars and U Cents $ l •� Per Square Foot 15,400 SF Sawcut & Remove PCC Sidewalk (a. -rhreZ Atit)eDollars 3• and Cents $ ��JQ Per Sq re Foot 625 SF Sawcut & Remove PCC Alley Approach Dollars and ,� �, ,; F4 Cents $ 18 0 Per Square of 2050 SF Sawcut & Remove PCC Cross Gutter (1a I i QO Dollars and Text Cents Per Square Foot Not used. 61,000 SF Sawcut & Remove AC Pavement Ca? A0 Dollars 711 �and LX -Cents Per Square root A 2 /O $ 0315 $ 100 °° $ 1 9551 551 tkf{I.0p $ 1i IT 2`J .°n a o $-350. (3u 15. 14 EA Remove Tree __''�--� 11 _ (a�FOur�6 "@ Dollars and AD Cents $ 05• °o $ 51(p70 - 0 O Per Each 16. Not used l Not used 18. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 102 LF Remove Planter Wall aC) Tia ,A &,L )m Dollars and (LO Cents $ .7.O° $ Z'75 . o° Per Linear Feet 13. 16 EA Remove Street Light & Base (DLM fk1& ref Dollars and A Cents $ ,00 $ �nr at) Per Each 14. 25 EA Remove and Replace Drain per CNB Standard -1 84 -L Curb (d)6)V wndYAj"q Dollars and Cents $155 " ° $ 3 75 oO Per Each 15. 14 EA Remove Tree __''�--� 11 _ (a�FOur�6 "@ Dollars and AD Cents $ 05• °o $ 51(p70 - 0 O Per Each 16. Not used 17. Not used 18. Not used 19. 1360 Tons Asphalt Concrete Dollars and Cents $-*5V0_ $_%3 M.00 Per Ton 20. 210 Tons Construct Variable Thickness AC Leveling Course Dollars and Vw Cents $ 5 ?0a $ It ,°O Per Ton PR- 3 P ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 3900 Tons Untreated Base (. Tj L" Sik Dollars and �Q Cents $ ,2/_O oo $ 1011qW.0 O Per Ton 22. 18,200 SF Install Fabric Glasgrid 8502 iy CAM Dollars rnr� and Iud Cents $ 1,110 vs, boa Per Square Foot 23. 410 Tons 2 -inch AC Rubberized AC Dollars and Cents $ i2 00 s2,'? r' 20 Per Ton 24. 3700 SF Textured Asphalt _b Dollars and Cents $ �.Q� $ZCi(p — Per Square Foot 25. 2500 LF Construct Type "A" Curb and Gutter (Variable Height) QP, Dollars and AD Cents $ .2�r— °O $ 02 5W. Per Linear Foot 26. 2,610 LF Construct Type "B" Curb 26. OCR (taXEL4, Oak Dollars and fLa Cents s.21-00 Per Linear Foot 27. 2000 SF Construct Modified Driveway /Alley Approach (cil sl X Dollars and Cents Per Square Foot—' im. $ (a.`b $ / 000,00 F ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 11,820 SF Construct 4 -inch PCC Sidewalk a(7. �oUr Dollars and Cents $0 $523 i ( 90.00 Per Square Foo 29. 1 LS Lithocrete Consttrrucctio Oversig t and Administration ✓2 ollars and AD Cents $ 8 jCO,� Per Lump Sum 29.a 10,100 SF Construct 4 -inch Type 1 and Type 2 Lithocrete Sidewalk an. fifteen Dollars and " forty -seven Cents $ 15.47 $156,247.00 Per Square Foot 29.b 600 SF Constrict 4 -inch Type 3 and Type 4 Lithocrete Sidewalk (a)_ twenty-eight Dollars and ** ninety Cents $ 28.90 $ 17.340.00 Per Square Foot 29.c 100 SF Construct 4 -inch Type 5 Lithocrete Sidewalk (c) eighty -six Dollars and '* ninety Cents $ 86.90 $ 8,690.00 Per Square Foot 29.d 6,400 SF Construct 4 -inch Type 6 Lithocrete Sidewalk (a) twelve Dollars and " thirty -three Cents X12.33 $ 78,912.00 Per Square Foot 29.e 250 SF Construct 4 -inch Lithocrete 7 Lithocrete Sidewalk (a) twenty -seven Dollars and *" seventy -eight Cents $ 27.78 $ 6,945.00 Per Square Foot " Stipulated Unit Price PR- 5 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29.f 100 SF Construct 4 -inch Type 8 Lithocrete Sidewalk (o_) forty -eight Dollars and ** zero Cents $ 48.00 $ 4.800.00 Per Square Foot 30. 3625 SF Construct Cross Gutter (4, 8 or 12 -foot) (C 5 i X Dollars and %.90 Z5 012 50 N Cents $ Per .Square Foot 31. 23 EA Construct Curb Ramp per Details and APWA Standards (a )Si K HUII&QJT�Dollars and (10 Cents $ 10 0 $ I 030.00 Per Each 32. 181,500 SF Slurry Seal 17(b —Dollars a Per Square .. 33. 9,100 SF Construct 84nch PCC Pavement (o) Six Dollars and o0 Cents $ &-5D $ Per Square Foot' 33.a 480 SF Construct 8 -inch Type 9 Lithocrete Pavement 0 eleven Dollars and ** six Cents $ 11.06 $ 5.308.00 Per Square Foot 33.b 2,400 SF Construct 8 -inch Type 14 Lithocrete Pavement (a. twenty -two Dollars and ** forty Cents $ 22.40 $ 53.760.00 Per Square Foot ** Stipulated Unit Price EM ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33.c 2,400 SF Construct 8 -inch Type 20 Lithocrete Pavement (a. twenty -two Dollars and forty Cents $ 22.40 $ 53,760.00 Per Square Foot 34. 14 EA Construct Local Depression aQ*YcA?htUl�(,1W 'Dollars and flo Cents $ 350•. 00 $` Per Each 35.a 35 EA Remov(e,EAsting Parking Meter Post tit Dollars ►19 —Cents $ SS,00 $ 11925, o0 Per Each 35.b 70 EA Furnish and Install New Parking Meter Post OVt.P RU Y,ed 01) 651qkLhA Dollars and 36. 7 EA 37. Not Used 38. 175 LF 39. 164 LF 11-0 Cents $ lg51o11 Per Each Furnish and Install Concrete Parking Stop anTUJ2lt�U CQ,U9Y1Dollars and AQ Cents $ 27 Per Each Construct Type "D" Curb (cSj _Dollars and Cents Per Linear Foot Construct Type "C" Curb (Modified) lK' Dollars and Cents Per Linear Foot * Stipulated Unit Price PR- 7 $ 2-Yv,00 �� GU $ 1.2 0° $ 189.oc1 $ g55D• o0 $�100OU ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 40. 2 EA Modify French �Drain �Systems Cad, ",C & �'�°U. ' - Dollars /� and I c Cents $ :3bcoo"`1 _ $ Per Each 41, Not Used 42. Not Used 43. Not Used 44. Not Used 45. Not Used 46. Not Used 47. Not Used 48. 18,000 SF Remove and Reconstruct Pier Parking Lot Pavement ( "A" Removal: 3 -inch AC /8 -inch UB) (a) - rtw-,-,PQi Dollars and Zvi Cents $ 3. `� o a $�1t.2�_ Per Square Foo 49. Not Used 50. 8 EA Furnish and Install Bollard Dollars and I liJ Cents $ $ tD 00 Per Each 51. 905 LF Install 24-inch RCP (20��0��0 - -D) @. �MttU1C11�11 {�ollars and �9 Cents $ oo $'���noo Per Linear Foot 52. 450 LF Install 18 -inch RCP (2000 -D) Dollars and Cents $ 920Q $ /,' •"' Per Linear Foot 53. 4 EA Construct Junction Structure No. 1 OThrO cc�lt(D [ Dollars /1 " and Cents $� (to $ iZiDOC�od im a:7 9 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Per Each 54. 1 EA Construct Junction Structure No. 2 Ca? -Thra_ _l I I dyd Dollars and fla Cents $ 3�°" $3 a_� 0 . Per Each 55. Not Used 56. 4 EA Construct Manhole No. 4 �ThrmThon� P(�' DolfarsS4 and (lo Cents $ E'�Q.O° $1 ',000.°° Per Each 57. 4 EA Construct Modified Catch Basin with Manhole 8- Dollars AO cents $ 1000 ° $121 qW °° Per Each 58. 11 EA Construct Basin Type OS �C}atch� (a.Al'"_ 1 fl�Uw'l(! Dollars and A0 Cents $ 36moo $ 336100.°, Per Each 59. Not Used 60. 1 EA Construct Pipe Collar Dollars n"_' and /lSI Cents $_ $ 800.00 Per Each 61. 60 LF Encase Pipe per CSD S -020, Type 1, L =10 -foot Dollars and (LI Cents Per Linear Foot a:7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 62. 375 LF Encase Storm Drain Pipe per Detail Dollars and n_ (10 Cents $ JU °O $ l 11 Z�. oO Per Linear Foot 63. 3 EA Construct Brick and Mortar Plug �a Twrs I�ttydl'��ouars and %l4 Cents $254 00 $ 7J o Per Each 64. 1 LS Construct Vault and Install Tide Gate, Waterman Model P -30 Tw FiveT�ct�nol r Dollars n-� and i 0 Cents �J ^J/�/� oo $ L V ..71 17. ` —'i`�- Per Lump Sum 65. 1 LS Install Tide Gate Operator, Controls and Electric Service �Six''iV h9U►'�(!le>�ollars —and n C Cents $ O o n Per Lump Sum 65.a 1 EA Furnish and Install Stainless Steel Myers Cabinet , (@D tt 1 Q Dollars n^ and fl.0 Cents $__ , 6N .00 o $4000".. Per Each 65.b 40 LF Install 1 '' /cinch PVC (Schedule 40) Electric Conduit with Conductors �'1, U�') Dollars and %l0 Cents $ �j"� o o $ -12 a u Per Linear Foot 65.c 150 LF Install 1 %cinch PVC (Schedule 40) Electric Conduit (with Pull Rope) a) T Dollars and �@ Cents $2-0- a ,3, 0. `a Per Linear Foot PR- 10 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 66, 1 LS Construct Pipe Outlet Through Bulkhead and Pipe Anchors nt v�¢t�o� ---gyrhpn osancl ((D P4yt F}urK red Dollars and (14 Cents $ (q,50o 011 Per Lump Sum 67. Not Used 68. Not Used 69. Not Used 70. Not Used 71. 2 EA Furnish and Install CNB Sewer Cleanout Cover 51Y 1ltln ad & Dollars and (10 Cents $ low, o° Per Each 72. 2 EA Adjust OCSD Sewer Manhole to Grade ) �7-IUP OUR" Dollars and Cents $ 5�(�. °° $ /Igyp o0 Per Each 73. 6 EA Furnish and Install CNB Sewer Manhole Cover F Dollars and itol Cents $ 830,oc .=. Per Each 74. 970 LF Install 6 -inch PVC, C -900, CL 150 ( Dollars and Cents $ Per Linear Foot 75. 650 LF Install 16-inch PVC, P�.VC, C-900, CL 150 and 00 Cents $ ((Zoo $ 7z 5 00 Per Linear Foot — St`°°�— PR- 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 76. 350 LF Install 12 -inch PVC, C -900, CL 150 and Cents ooaad $_ � Per Each OM NUKdkV oIIars 82. 1 EA 16 -inch (FE x FE) Butterfly Valve A*O ars and and %Lo cents $ 2 °0 '7 6o $ 3 Per Each (to Cents $ {�]•. °o $ SZFoo Per Linear Foot 77. 40 LF Install 8 -inch PVC, C -900, CL 150 (a NUe Dollars and Y� Cents $ oo $gQ Per Linear Foot 78. 40 LF Install 4 -inch PVC, C� -900, CL 150 W 1 n11( 1J Dollars AG and Cents $ aao $,Zp pQ�,00 Per Linear Foot 79. 5 EA Install 6 -Inch Fire Hydrant Assembly (a)T jG 1WIj Dollars and %LQJ Cents $Zjcco a $ lQ 00c)-ac, Per Each 80. 1 EA 6 -Inch Double Check Detector Backflow Prevention Assembly �a tiG1lDollars and Cents $ . $ Per Each 81. 1 EA Install 2-Inch Reduced Pressure Principle Backflow Prevention Assembly (a? -1Lra Dollars and Cents ooaad $_ � Per Each 82. 1 EA 16 -inch (FE x FE) Butterfly Valve A*O ars and %Lo cents $ 2 °0 '7 6o $ 3 Per Each PR- 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 83. 4 EA Install 12 -Inch CL 150 (FExFE) Butterfly Valve with Valve Box and Riser �t i70 (hOL � Dollars and %1D Cents $Z °O $ (54000• °Q Per Each 84. 4 EA Install 6 -Inch CL 150 (MJxFE) Resilient Wedge Gate Valve with Valve Box and Riser Ca CN 7koLRY J Dollars and Cents $ Per Each 85. 2 EA Install 8 -Inch CL 150 (MJxFE) Resilient Wedge Gate Valve with Value Box and Riser I�— FitYf�O�Eunci►'L�9 Dollars n and l(jJ Cents $ ow.ao $,Z(000100 Per Each 86. 7 EA Install 1 -Inch Domestic Water Service (a) Fko L)ZrdDollars and 120 Cents $ $ 4 0_ f 00 Per Each 87. 4 EA Install 2 -Inch Domestic Water Service Afars and AQ Cents $ t i00 °O $ X00.0° Per Each 88. 1 EA Connect 4 -Inch Water to new Main Lit UeRUJDollars and Cents $_-7�! `0 Per Each 89. 1 LS Install Temporary Water Main (Bypass ✓�Q" Dollars and Cents Per Lump Sum PR- 13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 90. 1 LS Pressure Test, Disinfect and Flush Water Main - Ti4_dIL)e-T�2gcl 4 (a r-tue 9ur0 ,Pd Dollars and /(0 Cents $ // Per Lump Sum 91. 1 LS Air and Vacuum Release Valve Assembly (@7hreQ_T6ddrd Dollars and h Cents o0 $ Per Lump Sum 92. 1 LS 2 -Way 4 -inch Fire Department Connection � @ j UII(A Dollars and Cents $ /j Per Lump Sum 93. 1 LS Furnish and install Traffic Signal Modification (Balboa/Palm) `r11 c �(11 rz liars and 1ln Cents 00 $ 33 Per Lump Sum 94. 7 EA Furnish and Install vehicle loop detectors. (Main/Balboa). ollars � " and (tu Cents $ Per Each 95. 16 EA Furnish and Install vehicle loop detectors. (Balboa/Palm). @_[T � Y1G11 Dollars and (� Cents Per Each 96. 59 EA Furnish and Install /replace /remove pull boxes, pull box covers and pull box extensions, complete. Tu_)o (}undmd fa? - Tt�,�rl Eu �mK✓/ Dollars _Cents $ ?.27. oU $ 13 3 3 06 A Q Per Each PR- 14 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 97. 2 EA Furnish and Install 10 -ft concrete standard (Ameron - Delphi 22CT10513) with 50 watt/240 volt HPS type III prismatic acorn luminaire wlphotoelectric cell, and enclosed ballast. Including double fuse holder w/5 AMP fuses in adjacent pullbox; install on new foundation at location; in {a�c�cordan�c�e� with construction plans, complete. 1-i U' °Dollars and AA Cents $? $ 52-1000-. . Per Each 98. 18 EA Furnish and Install 14 -ft concrete standard (Ameron - Aegean 21 CT13513) with 50 watt/240 or 100 watt/240 volt HPS type III prismatic acorn luminaire w /photoelectric cell, and enclosed ballast. Including double fuse holder wl5 AMP fuses in adjacent pullbox; insall on new foundation at location; in accordance w,itth�construction plans, complete. f CSI Doll a s and E (to Cents $ Z +�iQQ CiO $ 4b wo, Per Each 99. 3 EA Furnish and Install 26 -ft concrete standard with single bracket arm with 200 watt1240 volt HPS cutoff luminaire w /photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Including double fuse holder w/5 AMP fuses in adjacent pull box, install on new foundation and location in accordance with construction plans, complete. r� tt"" Dollars and A0 Cents $ Z 666-00 $ )1 *0 °oa Per Each 100. 23 EA Furnish and Install 26 -ft concrete standard with dual bracket arm with 200 watt/240 volt HPS cutoff luminaire w /photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Including two double fuse holders w/5 AMP fuses in adjacent pullbox, install on new foundation and location in accordance with construction plans, complete. / Ccil Y�ll(Afky Dollars and Cents 0° Per Each PR- 15 ITEM QUANTITY ITEMMSCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 101. 1 EA Furnish and install new service cabinet, complete, with 24 new breakers, Beach floods twist- timer, internal time clock, and an external lockable stainless steel enclosure, including removal and salvage of existing service cabinet. A141 1 UOV ( Dollars and Cents $3 { %00• °tl $ 5/'](.� ." Per Each 102. 4,679 LF Furnish and install 1 -1/4 -inch conduit r)o. ELO VCA Dollars and Cents $ ll . Sa $ 53 -56 Per Linear Foo 103. 265 LF Furnish and install 1 -inch conduit ar).'nQ(tgt ,� Dollars and Cents $= $ Per Linear F 104. 1 LS Furnish and install conductors, including installation of pull rope, removal and termination of conductors where indicated on the construction plans. Dollars and n0 Cents $ I/ i OO Per Lump Sum 105. 1 LS Furnish and install Parking Control System including new parking gates and ticket dispenser, complete. -TU_)6Vf`M t� j k an .t .fP�p R(.tridtZaollars and va AA Cents $ )S'3 W. Per Lump Sum 106. Not Used 107. Not Used 108. Not Used 109. Not Used 110. Not Used PR- 16 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 111. 555 LF Install striping, Detail 9 - white, complete. (a R19 Dollars and o 0 Fb6 Cents $ .4o $ ZZZ. Per Linear Foot 112. 1,335 LF Install striping, 4 -inch solid white, 50' long a(7 il9 Dollars and UCCents $_o _ $ W o.• 7`5 Per Linear Foo 113. 275 LF Install striping, Detail 38 - 8" solid white, complete. (ail V�U Dollars and S \X4�i1Je C nts $ IDS Per Linear Foot 114. 1,285 LF Install striping, Detail 22 - double yellow, complete. (a r*O Dollars and 25 t U2 Cents $ .65 $ `a 35. Per Linear F6 `6t 115. 1,400 LF Install striping, 12 -inch crosswalk - white, complete. (a) -TWO Dollars and r Cents $� $ Per Linear Foot-­) 116. Not Used 117. 105 LF Install 12 -inch white limit line, complete. (a ) TUJO Dollars and Cents $ Z. �0 $252-,o Per Linear Foot--4 118. 13,449 LF Install 4 -inch parking stall markings - white, complete. (o? ON Dollars and Cents $ I $2-0d 3,:70 Per Linear Foot PR- 17 ITEM QUANTITY HEM EM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 119. Not Used 120. 21 EA Install pavement legend, complete. b Dollars n and o0 'lSD Cents $ 97 Per Each 121. 18 EA Install Handicapped parking emblem, stall markings and sign, complete. Two VIJKd Dollars and co 110 Cents $ Z� Per Each 122. 1 LS Remove pavement markings, complete. "W1Wve}/y"Dolars and b Cents $ 1 =7000 O6 Per Lump Sum 123. 37 EA Relocate existing sign to new location. 1 0 Dollars and n 0 Cents $ . Per Each 124. 16 EA Furnish ' sand Install new sign, complete. (il (ltXl�-�.t�ndredTer� Donars and RV Cents $ Z{(J, c v Per Each 125. 20 EA Furnish new pole, complete. S Dollars and 00 A0 Cents $rte. Per Each 126. 7 EA Remove ,,street sign ,, � � 1 � ,,"� Dollars $ 2-7,00 Y� and I is Cents Per Each law $ 4037,00 $ 00 $ Lic O $_T 2f(Jl 6� ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 127. 54 EA Furnish and Install raised pavement marker, Type D (off C'( LIB Dollars and Cents $ ,�y $ Z `17. U o Per Each 128. 24 EA Furnish and Install raised pavement marker, Type G @ 1 tr. Dollars and Cents $ Jr • $ Per Each 129. 2 EA Relocate existing Monuments, Plaques and Palm Tree J'Memorial Cc h t tz lllw.� and rLo Cents $ Z $J',� Per Each 130. 26 EA 36 -inch Pilaster f Dollars and !lQ Cents $ ao $ �� w. Per Each 131. 625 LF 36 -inch Plaster Cover Low Wall " /df�llars and !I l!D Cents $ pQ Q O° $ 6 CIO Per Linear Foot 132. 20 EA Bench (5- fo'o't.) nn IIC�tie F4�Y�LA( ..--�__II Dollars and Cents $ If7pp"" $Z�ifO0Oo° Per Each 133. 3 EA Bench (6 -foot) 61 ejU° d'Un&dj Dollars and . Cents $ ��2Oa • °d $ 3,%OO.tld Per Each PR- 19 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 134 5 EA Furnish and Install 14 -foot concrete standard (Ameron- Aegean 21 CT12513) for hanging baskets; install on new foundation at location; in accordance and (W Cents $ 550:0 with construction plans, complete. Hanging baskets to be furnished and installed by others. 138. 2 EA Bike Racks and (Lo Cents $ _ $ IoZti a o Per Each 135. 31 EA Trash Receptacle (32-Gallon) Ca?Z V-P f�Cl/J1V Dollars and tP Cents $ (,1 QG.° a $ 3 00 0 d Per Each 136. 1 EA Modular Newspaper Storage Rack na 6QX,'dl 4-6rdW Dollars and (l>a Cents $ 200,00 Per Each 137. 57 EA Pottery wDollars and (W Cents $ 550:0 $ 311� -50 -00 Per Each 138. 2 EA Bike Racks f�l�,'."''''� (a,TL)ejv1? ryUlrc W Dollars and Ra Cents $ 1i2 •"0 $,,L/ -06 Per Each 139. Lump Sum Irrigation Controller A (Balboa Boulevard) Ten 7lwusa�d (o.-Mm }k t t eLi Dollars and no Cents $�U Per Lump Sum 140. Lump Sum Irrigation Controller B (Pier Parking Lot) ,e47 o u i F-A&RuAaVed Dollars and n m Cents ov $ Per Lump Sum PR- 20 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 141. 2 EA Irrigation Backflow�Prevention Device (including enclosure) t ithC / Dollars and Cents $ 3 0 • o° Per Each 142. Lump Sum Balboa Boulevard Irrigation System Th RU•e 0 "C }1dC]BYICj Dollars and Da (t.0 Cents Per Lump Sum 143. Lump Sum Pier Parking Lot Irrigatio System �d'Cay�4U1' Dollars and R-6 Cents $ ,CZQ U Per Lump Sum 144. 17,800 SF Fine Grading /Soil Preparation (a) r,4Z Dollars and Cents $ $0 1x/00. ° � Per Square Foot 145. 5,080 SF Sodded Turf a) C r t Dollars and rLe Cents $ � • d d $ 510&53 Per Square Foot 146. 815 SF Ground Cover (Succulent) (o) %im Dollars FAand tA Cents Per Square Foot 147. 14,470 SF Mulch 2 -inch Deep (Shrub Areas) an (o Dollars and r 17 Per Square Fu6t PR- 21 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 148. 154 EA Remove and Relocate Existing Washingtonia Robusta ( (11 YWRi AdY2d 1v Dollars and f9 Cents QU $ 9 go. Per Each 149. 42 EA 18 -foot BT Palms (King Palms) T QYJ141404ollars and Cents $ /G0, 00 Per Each 150. 49 EA 12 -foot BT Palms (King Palms) O 6 dollars and 12 9 Cents $ 11MO - Per Each 12 151. 950- EA p"A*&4 . 152. 2 EA 153 6 154. 6 W 3-foot Slk Pigmy''IDagteA P__all0m (a w( Dollars n and 1(g Cents Per Each Relocate Canary Island Palms r Dollars and n0 Cents Per Each 4-foot Pigmy Date Palm Dollars and Cents Per Each EA 5 -foot Pigmy Date Palm (a) _ Dollars and Cents Per Each PR- 22 r• $IloOdod $ 1 00 ?3.M0 -°o $ -7 -e=,od t� I W. Z $ Pe'' 0. Z E ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 155. -rr EA 6 -foot Cycad t,. p� 20 �t h tru►u.W pan WA- (o�Tu�nly� q Dollars and r.9 Cents $ Z_ 'a 0O $ Tj,Wo 00 Per Each 156. 6 EA 3 -foot Trachycarpus lad Dollars and \_ (�)d Z Cents $ L $ t ^ Per Each 157. 6 EA 4 -foot Trachycarpus (a) Dollars and Cents Per Each 158. 6 EA 5 -foot Trachycarpus (a-) Dollars and Cents Per Each 159. 23 EA Plant 36-inch Box (furnished by CNB) Tree 6 1)Dol a (o YUCY/ItC[ s and Ag Cents $ -746.0° $ 1-7, OZO GO Per Each 160. 541 EA 15- Gallon Shrub S Dollars and K9 Cents $ !a0 . ° o $ 32f (%660.0 n Per Each 161. 981 EA 5- Gallon Shrub (a) Dollars and Cents $ 19 p $ 1 &39 00 Per Each PR- 23 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 162. 1,264 EA 1- Gallon Shrub Co SO i r-r'L Dollars and Oo _ ° Cents $� $ 5��'�-- t,- (L`A, c'— Per Each 163. 108 EA 5- Gallon Succulent Shrub Dollars and i� Cents Per Each 164. 1065 EA 4 -foot Pot (a) i�11p Dollars (��� i.1 and Cents $_ Per Each 165. LS 90 -Day Landscape Maintenance Period h x tPyDollars and Ad Cents Per Lump Sum 166. LS Project Surveying JIZ- - UW Ilars 1UI Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS }- And h' Cents DaQQ Bidd ser Telephone Fax Numbers _75535& 'C lass 'A " Bidder's License No(s). And Classifications(s) $ I LS':Y7,52' ME 0,1 .. S (,A�- %fl Uz/'1A/ $ 34 2 5491 `5. 0_15- -� Total Price (Figures) Bidder's Address Siggt rncitle F: \Users\PBW1Shated\Balboa Village \CONTRACT DOCUMENTS 7 -01 \PROPOSAL -EMMET MARKED UP FIRST.dm PR- 24 0 0 Page 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 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 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. 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. 11 Page 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 CONTRACT THIS AGREEMENT, entered into this 25th day of September 2001, 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: BALBOA VILLAGE IMPROVEMENTS PHASE 1 Contract No. 3333 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. 3333, 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. Page 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of three million, two hundred fifty -six thousand, nine hundred thirty-five and 051100 Dollars ($3,256,935.05). 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: Bob Stein (949) 644 -3322 GCI Construction, Inc. F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 0 �' 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: $2,000,000.00 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: $2,000,000.00 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 0 10 Page 12 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. 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. Page 13 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH = A Municipal Corporation AL' j / '11F01 CITY CLERK Mayor Garold B. Adams APP D AS TO FORM: GCI Construction, Inc. CITY ATTORNEY A orized ignature and Title FIGc J IfJZn nj2-,ff- S&Tia 0 Page 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 BOND NO. 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1, Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of three million, two hundred fifty- six thousand, nine hundred thirty-five and 05/100 Dollars ($3,256,935.05) 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 tabor 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 claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of 2001. GCI Construction, Inc. (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ Page 16 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1 , Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and ' 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 three million, two hundred fifty -six thousand, nine hundred thirty-five and 051100 Dollars ($3,256,935.05) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Page 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) 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 day of , 2001. GCI Construction, Inc. (Principal) Authorized Signature/Title Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F: \Users \PBW\Shared\Balboa Village \CONTRACT DOCUMENTS 7 -01 \CONTRACT C- 3333.doc • • Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT i \v F Ftrr ADDENDUM NO. 1 BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO 3333 DATE: September 7, 2001 BY: ., U City Engineer TO: ALL PLANHOLDERS General Instructions: / Gcz\ This addendum to Balboa Village Improvements Phase 1, Contract No. 3333 is included as part of the Bid Plans and Specifications because the project includes Federal funds. The Contractor will be required to comply with applicable statutes, rules and regulations of the Federal Government. The provisions of this addendum are deemed to be included in the Contract Documents. Note that various paragraphs in the Amendment to the Contract are required to be inserted or incorporated into any subcontracts as well as a clause requiring subcontractors to include these clauses into any lower tier subcontracts. The Contractor or subcontractor are required to insert all required paragraphs or clauses for compliance with the provisions of this addendum by any subcontractor or lower tier subcontractor. This addendum includes: 1. Amendment to Contract No. 3333 2. Certification of Non - Segregated Facilities 3. Certification of Contractors Affirmative Action Plan 4. Certification with Regard to the Performance of Previous Contracts or Subcontractors 5. Contractor Certification F:luserslcatlsh aredlda W GlaalboaV illagelm proveVlddendumNo.l .doc • • Page: 2 of 2 Bidders must sign each of the above certifications (Items 2 -5 above) and include them in the Bid Proposal. No Bid Proposal will be considered unless all certifications are signed and attached. Bidders must also sign this Addendum No. 1 coversheet and attach it to the Bid Proposal. No Bid Proposal will be considered unless this signed Addendum No. 1 coversheetis attached. The Contractor that is awarded the Contract will be required to sign the Contract and Amendment to Contract within ten (14) days of award by the City Council. I have carefully examined Addendum No. 1 and have included the full costs to comply with the Federal requirements of Addendum No. 1 in my Bid Proposal. G011 Bidder's Name (Please Print)— & ,Qi . 2-0 2W 2 Date F:\userslcatlsharedldalAG\Balbo Villagelmprove\AddendumNo.l.doc FEDERAL COMPLIANCE POLICIES & RESPONSIBILITIES BALBOA VILLAGE IMPROVEMENTS PHASE 1 AMENDMENT TO CONTRACT NO. 3333 This amendment to Contract No. 3333 with the City of Newport Beach is made because the project pursuant to which the work is covered by this amendment is being executed and is being assisted by the United States of America. The Contract provisions embodied in this amendment are deemed included in the Contract. As federal funds are financing all or part of this work, all the statutes rules and regulations, given by the federal government and applicable to the work will apply and Contractor agrees to comply as required. Various of the paragraphs set forth in this amendment are required to be inserted or incorporated into any subcontracts as well as a clause requiring of subcontractors to include these clauses into any lower tier subcontracts. The Contractor or subcontractor shall be required to insert all required paragraphs or clauses and for compliance with the provisions of this amendment by any subcontractor or lower tier subcontractor. 1. ECONOMIC OPPORTUNITIES FOR LOW -AND VERY LOW INCOME PERSONS A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance to HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Contract, the Parties to this Contract certify that they are under no Contractual or other impediment that would prevent them from complying with the part 135 regulations. C. Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the understanding, if any, a notice advising the labor organization of worker's representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location 0 9 of the persons taking applications for each of the positions; and the anticipated date the work shall begin. D. Contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. Contractor will not subcontract with any subcontractor where Contract has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR part 135. E. Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the Contractor's obligations under 24 CFR part 135. F. Contractor agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted Contracts, and G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of Contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 2. EQUAL OPPORTUNITY CLAUSE. A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The F: Wserskatlshared% da�Ag '3alboaVillagelmproveW90601.doc 2 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions for this nondiscrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided, advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. G. Contractor is required to have an non - discrimination plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. H. Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. Section 701, et. seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment handicapped workers. I. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 U.S.C. Section 219 et. seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life they have a thirty percent (30 %) or more disability. F:W Sem\cat'�sharedW aWg\BalboaYllagelmprove\090601 .doc 3 J. In the event of the Contractor's noncompliance with the nondiscrimination clause of the Contract or with any of said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole, or in part, and the Contractor may be declared ineligible for further government Contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. K. The Contractor will include provisions of this Paragraph in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event of a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 3. FEDERAL LABOR STANDARDS PROVISIONS A. MINIMUM WAGES: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any Contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular F: Wsersl catlsharedWaWgY3alboaVillagelmproveW90601 .doc 4 9 0 weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 day period that additional time is necessary. (Approved by the Office of Management and Budget under the OMB control number 1215 - 0140). In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not F:WsersNcat\sharedt daW g�BalboaVillagelmprove t090601.doc 5 • 0 agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested Parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140). The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefits which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140). B. WITHHOLDING: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime Contractor, or any other Federally - assisted Contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, HUD or its F: Wserskat\sharedWaWg\BalboaVillagelmprmeW90601 .doc 6 0 0 designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act Contracts. C. PAYROLLS AND BASIC RECORDS: Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the David -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios of the wages rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215 - 0017). The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014- F:losers\c t�sharedl dalAg \BalboaVdlagelmprove1090601.dm 7 0 0 1), U.S. Government Printing Office, Washington, DC: 20401. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0149). Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certified the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 55(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the fully weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this Section. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The Contractor or subcontractor shall make the records required under paragraph A.3(i) of this Section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. Fiuserstcat\shasedkiaWg\BalboaV Rageimprove\0gMi.doc D. APPRENTICES AND TRAINEES: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ration of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship [program, the Contractor will not longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. E. TRAINEES: Except as provided in 29 CFR 5.16. trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and the individually registered in a program F.\u em\cat\shared\ daM g\BalboaVillagelmpmve\090601.dm 9 0 0 B. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). C. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 5. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE: Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this Project. 6. PREVAILING WAGE LAW: The City has ascertained from the U.S. Department of Housing and Urban Development ( "HUD ") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of the City. Contractor and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. Contractor agrees to secure payment of compensation to every employee. 7. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any other Federal Contract with the same prime Contract, or any other Federally assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in the Special Provisions. 8. DISPUTES CONCERNING LABOR STANDARS: Disputes arising out of the labor standards provisions of this Contract shall be resolved in accordance with the procedures of the Department of Labor as set forth in 20 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between F:l usersk arishared Ada\Ag lBalboaVillagelmprove \090601.dm 10 the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 9. DAVIS -BACON ACT: Contractor agrees to pay and require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 176(a) et. seq.) for each craft or type of worker needed to perform this Agreement. Contractor agrees to comply with all applicable Federal labor standards provisions; said provisions are incorporated herein by this reference. 10. COPELAND "ANTI - KICKBACK' ACT: Contractor and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: A. The Contractor shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C> 327 et. seq.) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the workers is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or Contracts for transportation. As used in this Section, the terms 'laborers" and "mechanics" include watchmen and guards. B. VIOLATION LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES: In the event of any violation of the clause set forth in Section A of this paragraph, the Contractor and any subcontractor responsible therefore shall be F: \users \cat\shared\da�Ag\ 3alboaYllagelmprove \090601 .doc 11 0 0 liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section A of this paragraph, in the sum of $10.00 for each calendar day on which such individual was required to permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section A of this paragraph. 12. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT: A. Contractor stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA) list of violation facilities, pursuant to 40 CFR 15.20. B. The Contractor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed there under. C. The Contractor shall promptly notify the City of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The Contractor agrees to include or cause to be included the requirements of paragraph (A) through (D) of this Section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 13. ENERGY CONSERVATION: Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the Sate energy conversation plan issued in compliance with the Energy Policy and Conversation Act (42 U.S.C. Section 6201, et. seq.). 14. HOUSING AND URBAN DEVELOPMENT: Contractor agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development F:\ users \pt\ shared\ da\A g \BalboaVllagelmprove \090601.dm 12 O • and complete any and all reports and forms that may be required in accordance therewith. 15. CONTRACT TERMINATION; DEBARMENT: A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. 16. COMPLAINTS TO HOUSING AND URBAN DEVELOPMENT: No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 17. CONTRACTOR WILL CONTINUE TO MAINTAIN A DRUG -FREE WORKPLACE BY: A. Publishing a statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing an ongoing drug -free awareness program to inform employees about the following: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs and; 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee engaged in grant activity be given a copy of the statement required by paragraph (a). D. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: F:\ users\ cat\ shared\ da\ Ag \BalboaViliagelmpmve \090601.doc 13 1 Abide by the terms of that statement; and 2. Notify the employer in writing of his criminal drug statute occurring it calendar days after such conviction. or her conviction for a violation of a the workplace no later than five E. • Notifying the agency (HUD) in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. F. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)2, with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such employee, u including termination, consistent with the requirements the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2. In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance and rehabilitation program approved for such purpose by Federal, State or local health, law enforcement, or other appropriate agency. CITY OF NEWPORT BEACH ( "City"), a Municipal Corporation in Homer Bludau, City Manager (COMPANY NAME) CSI (b aSft ae N01, 310 . ATTEST: LaVonne Harkless City Clerk Date IF•00 WIN II APPRQVED AS TO FORM: Z'� R&bi n L. Clauson Assistant City Attorney F:\ users\ cat\ shared \da\Ag\BalboaVillagelmprove \090601 Am 14 I 0 0 CERTIFICATION OF NON- SEGERATED FACILITIES FEDERALLY ASSISTED PROJECTS BALBOA VILLAGE IMPROVEMENTS PHASE I AMENDMENT TO CONTRACT NO. 3333 This federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers in prescribed in 18 U.S.C. 1001. Company a Title Date F:\ users\ cat\shared\da\Ng\BalboaVillagel mprove \Certficates\NonSegregated.doc CERTIFICATION CONTRACTOR'S AFFIRMATIVACTION PLAN BALBOA VILLAGE IMPROVEMENTS PHASE I AMENDMENT TO CONTRACT NO. 3333 The undersigned Contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located with the City of Newport Beach. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the Contractor's Section 3 commitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the City, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the City through use of, local advertising organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, U.S. Employment Service, chamber of Commerce, labor unions, trade associations, and business concerns. 4. Maintain a file of all low income area residents who applied for employment or training either on their own on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the City who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document the fact that affirmative action steps have been taken. 7. Incorporate the Section 3 Clause provisions in all subcontractors, and require subcontractors to submit a Section 3 Affirmative Action Plan. List project work force needs for the project by occupation, trade, skill level, and number of positions. 9. List information related to subcontractors to be awarded. (/ 1 Zta/ .b..3, am OIL 0 F:\ users\ cat\ shared\ da\ Ag\ BalboaVillagelmprove \CertficatesVifimiAction. doc �J CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS BALBOA VILLAGE IMPROVEMENTS PHASE I AMENDMENT TO CONTRACT NO. 3333 The bidder C= (ii Qals- %Mors, sire • , the proposed subcontractor hereby certifies that he has ✓ , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by executive Orders 10925, 11114, or 11246, and that he has ✓ has not. filed with the Joint Reporting Committee, the Director of the Office of the Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Company Name Ge.l &n 4t- oc41on, TAo . Signature • • 152A NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60- 1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFT 60 -1.5. (Generally, only contracts and subcontracts of $10,000.00 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the aware of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the U.S. Department of the Interior or by the Director of Federal Contract Compliance, U.S. Department of Labor. F:\users\cat\sharedWa\Ag\Balboa Villagelmprove\ Certificates \EqualOpportClause.doc 0 0 CONTRACTOR CERTIFICATION BALBOA VILLAGE IMPROVEMENTS PHASE 1 AMENDMENT TO CONTRACT NO. 3333 THE CONTRACTOR HAS AND WILL CONTINUE TO HEREBY CERTIFY, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THE FOLLOWING: 1. 2. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment , or modification of any /Federal contract, grant, loan or cooperative agreement. B. If any funds other then Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph (a) of this certification be in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. A. Contractor and subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a 0 0 public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph B of this certification; and D. Have not within a three year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. IWOM Contractor Name C ors /.__ %! MOM �1 1, its aZf, f9, 2961 Date F: \users\cat\shared\da\Ag\BalboaV illagelmprove \Certificates \Contractor.doc 2 • • Page: 1 of 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT F i !FWPO\ 151.1 Y \�/ FO Rr% ADDENDUM NO. 2 BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO 3333 DATE: September 12, 2001 Public Works Director TO: ALL PLANHOLDERS Bidders must also sign this Addendum No. 2 cover sheet and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 2 coversheet is attached. I have carefully examined all seven pages of Addendum No. 2 and have included the full payment to implement the requirements of Addendum No. 2 in my Proposal. Fri (blrs i�W,70-. Bidder's Name (Please Print Iq, .2e 1 Date Autho zed Signature 8: Title F1 09 T21 K.Q . f: \users \pbw \shared \balboa village \contract documents 7 -01 \addendum 2 \addendum 2 cover sheet 091201.doc 11 City of Newport Beach 0 Balboa Village Improvements — Phase 1 Contract No. 3333 Addendum 2 A pre -bid meeting was held on September 11th at City Hall. Based on questions and discussions at the meeting, the following responses are provided. Questions were also faxed to the City on September 12th. These questions are also addressed in this addendum. Q: For the Lithocrete work, what are the responsibilities for the general contractor? A: The general contractor is responsible for: • Coordinating all operations with the Lithocrete subcontractor. • Demolition • Placing streetlight conduit, meters, and other utility appurtenances. • Providing all survey for the horizontal control. Survey also includes determining the sawcut angle lines and the radius points for the semicircular patterns around the tree light poles. • Preparing compacted subgrade to within 0.1 foot. • Forming the tree wells. • Providing access bridges to maintain entry into businesses and dwellings. • After the concrete is placed, the general contractor is responsible for taking any appropriate measures to protect the Lithocrete (e.g., installing temporary fencing, barricades, etc.) during the cure time. The Lithocrete subcontractor will perform the final grading of the sub -base, forming, placing the concrete, pulling forms, sawcutting and acid wash. The general contractor is responsible for all of the Lithocrete subcontractor's activities. The City will not direct any of the activities of the Lithocrete subcontractor. The bid proposal shall include all costs for coordinating with the Lithocrete subcontractor. Q: What are the basic steps for placing Lithocrete? A: Day 1 - Fine grading of subgrade Day 2 - Install reinforcement Day 3 - Forming Day 4 - Place concrete and seed with surface aggregate Day 5 - Cure time, Strip forms, layout sawcut grid Day 6 - Cure time Day 7 - Sawcut Day 8 - Acid wash Q: How will the different types of Lithocrete be placed in Balboa Boulevard? 0 0 Page 2 of 4 A: Using the timeline above, the Type 1 and Type 2 Lithocrete (Rosso Nero unstained and stained) would be placed on Day 4. Types 3, 4 and 5 Lithocrete materials (blue and yellow stains) would be placed the following day. Q: What is the scope of work and responsibilities of the Lithocrete subcontractor? A: See Attachment A. Q: What is the cure time for Lithocrete? A: The minimum set time before sawcutting is three days. Per Section F, 3.7.C., the Lithocrete cure time is 14 days. Q: In order to expedite the project, what options can be considered for the Lithocrete installation? A: The key control for the placement of the Lithocrete is to maintain access to businesses and dwellings. Individual pours may typically cover 400 square feet and can start and end at the middle of doorways. Pours can be 'hop- scotched' down the block. Access bridges would be constructed to cross from the curb to the doorways. Pedestrians would access these bridges from temporary walkways within the street. These temporary walkways shall be designated appropriately (e.g., with delineators, tape, chainlink fence, etc.) on both sides of the walkway. Q: Can alternatives to the access bridges be used? A: Foam, plywood, or other materials laid directly on the Lithocrete will not be permitted. For isolated areas, the City will consider allowing the use of admixtures to obtain high early strength. Q: Explain Bid Item 27: Construct Modified Driveway /Alley Approaches. A: This bid item takes into account that there is additional preparation /grading for the 6 -inch thick driveways and alley approaches as compared to 4 -inch thick sidewalks. Q: Is there reinforcement in the existing concrete pavement in the street? A: Based on recent trench work on Balboa Boulevard from Adams Street to Medina Street, the 'old' PCC pavement does not include reinforcement. Pacific Bell has recently installed new PCC pavement on the south side of Balboa Boulevard from Adams Street to Palm Street. This new pavement was doweled into the existing concrete pavement. • C� Page 3 of 4 Q: What do the "A" areas on Sheets 15 and 16 of the construction drawings represent? A: These are areas to be removed and replaced with 3 inches AC on 8 inches of Untreated Base. For this project, untreated base is crushed miscellaneous base or better. This item is paid per square foot under Bid Item 48. It is not paid under other AC bid items. Q: What is the required base material for this project? The bid items in the specifications call out for untreated base (crushed miscellaneous base or better). However, construction notes on the drawings refer to aggregate base or crushed aggregate base. A: Bid Item 21 correctly calls out Untreated Base as the base material to be used on this project. Where "AB" or "CAB" are called out on the drawings, that shall be interpreted as Untreated Base as defined in Bid Item 21. Q: Detail A, Palm Planting, on Sheet 88, shows 12-,16-, and 20 -foot Washingtonia robusta. Are these new palms or existing palms being relocated per Bid Item 148? A: These are existing palms being relocated per Bid Item 148. Q: The planting legend on Sheet 90 calls for 24 -inch box Phoenix robelenii. There is no bid item for this plant material. However, Bid Items 151, 153 and 154 refer to pigmy date palms. Please clarify. A: Bid items 153 and 154 should be deleted. Bid Item 151 is corrected as follows: "12 each 24 -inch box Phoenix Robelenii (Pigmy Date Palm) multi -trunk (3 trunks per box) with an average BTH of 3 feet." Q: Bid Item 155 calls for "6 -foot Cycad". Is this Cycas revolta? Is this a 6 -foot BTH and have they been located and tagged? Where will they be planted? A: Bid Item 155 is corrected as follows: "20 each 36 -inch box Cycas revolta multi -trunk (3 trunks per box) with an average BTH of 3 feet." These palms will be located at the pier plaza. Q: Bid Items 156, 157, and 158 are not shown on the drawings? Where will these trees be planted? A: The palm trees called out in these bid items are not part of the project. Omit Bid Items 156, 157 and 158. • ! Page 4 of 4 Modify the specifications as follows: "SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -3 LIABILITY INSURANCE. The City's construction manager, Harris & Associates shall be indemnified and shall be named as an additional insured under the Contractor's General Liability insurance policy. " RkUsersfPBWlShared\Bafta VillagelCONTRACT DOCUMENTS 7 -01 Wddendum 2Wddendum 2 091301.doc • • City of Newport Beach BALBOA VILLAGE IMPROVEMENTS — PHASE 1 Contract No. C -3333 Addendum 2 — Attachment A September 13, 2001 Shaw & Sons' will: 1. Obtain a City of Newport Business license for work within scope. 2. Install the formwork for Lithocrete® paving. 3. Perform fine grading based on receipt of compacted subgrade or base at +/- 0.10' with appropriate moisture content per soils report by others. 4. Provide all expansion joints as detailed and shown on plans. (Excludes caulking) 5. Provide all doweling of concrete expansion joints with Speed Dowels. 6. Assign a full -time Project Foreman or Superintendent to project site. 7. Maintain standing as a Union Contractor signatory with the local Cement Masons, Laborers and Carpenters Unions. 8. Construct all sawcut jointing per plans. 9. Guarantee a single source for all concrete materials. 10. Provide all shop drawings and plans required for cast in place concrete formwork only. 11. Assign Mr. Lee Shaw, Mr. Paul Taylor, or Mr. John Wills for the overall project coordination with the City of Newport Beach. This includes Shaw & Sons crew management, schedule and sequence organization and attendance at the major site meetings. 12. Provide all rebar reinforcing for concrete scope items noted within this proposal 13. Provide engineered concrete mix designs for submittal. 14. Receive from the General Contractor or client a total of (5) sets of updated construction plans and specifications at General Contractor or clients expense. All written value engineering alternates accepted shall be documented in graphic drawing form prior to construction commencement. The maximum value of outstanding, unexecuted change orders shall not exceed 3% of the contract total. Additional uncontracted work will not be costed or performed until this total is below the 3% value. Attachment A, Page 2 of 2 This proposal is based on a maximum of three move -ins. Additional move -ins will be charged at $ 2,500.00 each. An additional move -in is required if Shaw & Sons is required to leave the project site due to lack of work for more than two days. Based on 3000 -PSI Type 11 concrete with .63% water /cement ratio. General Contractor to furnish to Shaw & Sons all standards and permits required by the local governing public agency. Shaw & Sons maintains the right to withdraw bid proposal after 60 days past the proposal date for the option of re- evaluating the final bid cost. Shaw & Sons will not be responsible for differences in surface appearances caused by entrapped moisture due to a slower cure rate at areas that receive surface protection compared to those areas that are directly exposed to the atmosphere. (if applicable protection of in place concrete is included) Shaw & Sons will not be responsible for monitoring any subtrade access or use of protected or unprotected concrete. Shaw & Sons will not be held responsible for concrete areas damaged by tenant contractors. F: \Users \PBW\Shared \Balboa Village \CONTRACT DOCUMENTS 7- 011Addendum 2 \Shaw & Sons Attachment 091201A changed doc • • 1 1 1 1 1 1 2 2 2 2 3 3 4 4 4 5 5 5 5 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA VILLAGE IMPROVEMENT PHASE 1 CONTRACT NO. 3333 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -3 SUBCONTRACTORS 2 -3.1 General 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.2 Shop Drawings 2 -5.3.3 Submittals 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.1 Permanent Survey Markers 2 -9.2 Survey Service 2 -9.6 Survey Monuments 2 -12 VOLUNTARY PARTNERING SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 1 1 1 1 1 1 2 2 2 2 3 3 4 4 4 5 5 5 5 • • 5 -8 SALVAGED MATERIALS 6 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 6 -7 TIME OF COMPLETION 8 6 -7.1 General 8 6 -7.2 Working Days 8 6 -7.4 Working Hours 9 6 -9 LIQUIDATED DAMAGES 9 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 10 7 -5 PERMITS 10 7 -7 COOPERATION AND COLLATERAL WORK 10 7 -8 PROJECT SITE MAINTENANCE 11 7 -8.5 Temporary Light, Power and Water 11 7 -8.6 Water Pollution Control 11 7 -8.6.1 Storm Water Pollution Prevention and Monitoring Program 11 7 -8.8 Steel Plates 12 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 12 7 -10 PUBLIC CONVENIENCE AND SAFETY 12 7 -10.1 Traffic and Access 12 7 -10.2 Storage of Equipment and Materials in Public Streets 13 7 -10.3 Street Closures, Detours, Barricades 13 7 -10.4 Public Safety 14 7- 104.1 Safety Orders 14 7- 10.4.4 Confined Spaces 15 7 -10.5 "No Parking" Signs 15 7 -10.6 Notice to Residents and Temp Parking Permits 15 7 -15 CONTRACTOR LICENSES 15 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 15 7 -17 TEMPORARY WATER MAIN BYPASS 16 SECTION 8 FACILITIES FOR AGENCY PERSONNEL 16 8 -1 General 16 0 0 SECTION 9 MEASUREMENT AND PAYMENT 16 9 -3 PAYMENT 16 9 -3.1 General 16 9-4 STIPULATED UNIT PRICES 17 9 -5 BID ITEM DESCRIPTIONS 17 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 31 201 -1.2.1 Portland Cement 31 201 -5 CEMENT MORTAR 31 201 -7.2.1 Quick Setting Grout 31 SECTION 203 BITUMINOUS MATERIALS 31 203 -1 PAVING ASPHALT 31 203 -1.3 Test Reports and Certification 31 203 -5 EMULSION - AGGREGATE SLURRY 31 203 -5.1 General 31 203 -5.2 Materials 32 SECTION 207 PIPE 32 207 -2 REINFORCED CONCRETE PIPE (RCP) 32 207 -2.5 Joints 32 207 -9 IRON PIPE AND FITTINGS 32 207 -92.2 Pipe Joints 32 207 -9.4 AWWA Butterfly Valves 33 207 -9.4.1 General 33 SECTION 214 PAVEMENT MARKERS 34 214-4 NONREFLECTIVE PAVEMENT MARKERS 34 214 -5 REFLECTIVE PAVEMENT MARKERS 34 SECTION 215 STORM DRAIN FILTERS 34 215 -1 GENERAL 34 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 34 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 37 303 -5.1 0 0 37 300 -1 CLEARING AND GRUBBING 34 300 -1.3 Removal and Disposal of Materials 34 300 -1.3.1 General 34 300 -1.3.2 Requirements 34 300 -1.5 Solid Waste Diversion 35 SECTION 301 TREATED SOIL, SUBGRADE PREPARATION, AND 37 303 -5.5.4 PLACEMENT OF BASE MATERIALS 35 301 -2 UNTREATED BASE 35 301 -2.1 General 35 SECTION 302 ROADWAY SURFACING 35 302-4 EMULSION - AGGREGATE SLURRY 35 302 -4.3 Application 35 302 -4.3.1 General 35 302 -4.3.2 Spreading 36 302 -4.3.4 Application Testing 36 302 -5 ASPHALT CONCRETE PAVEMENT 36 302 -5.1 General 36 302 -5.3 Prime Coat 36 302 -5.4 Tack Coat 36 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 36 302 -6.6 Curing 36 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 36 303 -1.9.5 Lithocrete over Catch Basins 36 303-4 MASONRY CONSTRUCTION 37 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 37 303 -5.1 Requirements 37 303 -5.1.1 General 37 303 -5.4 Joints 37 303 -5.4.1 General 37 303 -5.5 Finishing 37 303 -5.5.1 General 37 303 -5.5.2 Curb 37 303 -5.5.4 Gutter 37 303 -5.5.5 Free Form Architectural Finishes 38 303 -7 CONCRETE PAVERS 38 303 -7.1 General 38 0 E SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 38 306 -1 OPEN TRENCH OPERATIONS 38 306 -1.1.1 General 38 306 -1.1.2 Maximum Length of Open Trench 38 306 -1.13 Maximum Width of Open Trench 38 306 -1.1.6 Bracing Excavations 38 306 -122 Pipe Laying 39 306 -1.3 Backfill and Densification 39 306 -1.3.1 General 39 SECTION 310 PAINTING 39 310 -5 PAINTING VARIOUS SURFACES 39 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 39 310 -5.6.6 Preparation of Existing Surfaces 39 310 -5.6.7 Layout, Alignment and Spotting 39 310 -5.6.8 Application of Paint 39 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 40 312 -1 PLACEMENT 40 PART 6 SECTION 600 MODIFIED ASPHALT, PAVEMENTS AND PROCESSES 40 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS — WET PROCESS 40 600 -2.1 Asphalt- Rubber 40 600 -2.1.1 General 40 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 40 600 -2.6.3 Rolling 40 fAusers \pbw\shared\balboa village \contract documents 7- 01\specs index c- 3333.doc • • SP1 of 41 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA VILLAGE REDEVELOPMENT PHASE 1 CONTRACT NO. 3333 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5741 -S & T- 5808 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, California, 92802, telephone (714) 517 -0970. 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 -3 SUBCONTRACTORS 2 -3.1 General. Add to this section, "The following items are hereby designated 'Special Items' for the purpose of determining the amount of work to be performed by the Contractor: i) Bid Item No. 24 ...................... .......................Textured Asphalt ii) Bid Items Nos. 29a — 29f ............................. Lithocrete Sidewalk iii) Bid Items No. 33a — 33c ....... .....................Lithocrete Pavement 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.2 Shop Drawings. Add to this section, "The Contractor's shop drawings shall include, but not be limited to, electrical service layout, pipe layouts, shoring, wiring diagrams, tide gate structure cover, Lithocrete samples, textured asphalt concrete samples, landscape and irrigations, etc." 0 • SP2 of 41 2 -5.3.3 Submittals. Add to this section, "The Contractor's submittals shall include, but not be limited to, the sluice gate; motor operator, electrical controls and cabinet; coating systems; storm drain filters and media; traffic signal apparatus; sheeting, shoring and bracing; etc." 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing existing sidewalk, curb access ramps, alley approaches, driveway approaches, curb and gutter, and grinding existing roadway; constructing storm drains, curb inlets, junction structures, P.C.C. sidewalk, curb access ramps, driveway approaches, alley approaches, curb and gutter, asphalt patch back, variable AC leveling course, asphalt rubber overlays and traffic striping; installing new water mains and streetlight conduit; traffic signal modifications, landscaping and irrigation, storm drains, sewer, water, and other incidental items of work. The overall Balboa Village project will be constructed in three separate phases. The work covered by this project is to be for Phase 1 Construction only. Phase 1 (Beginning Fall 2001) 1. Balboa Boulevard Adams Street to the eastern edge of the Main Street intersection (street, sidewalk, landscaping). 2. Pier Parking lot (except adjacent to the future Balboa Inn expansion), bus layover area, and frontage road hardscape and lighting. 3. Pier Plaza hardscape and lighting. Relocate monument to park. 4. Articulated wall in pier plaza with built -in seating. 5. Connector road from the A Street Parking Lot 6. Street lighting in Balboa Boulevard 7. Storm drain system in Balboa Boulevard and Washington Streets with catch basins. Use permanent AC to resurface trench in Washington Street. 8. 24 -inch storm drain line across Edgewater into Newport Harbor. 9. 16 -inch water main in Balboa Boulevard and the 12 -inch water main in Washington Street. 10. Water line in Main Street from alley south of Balboa Boulevard to the Pier Plaza. Use permanent AC to resurface trench in Main Street." 2 -9 SURVEYING 2 -9.1 Permanent Survey Markers: Delete the first paragraph and add the following: "In accordance with Senate Bill 1563, the Contractor shall file a Corner Record Form referencing survey monuments subject to disturbance in the Office of the County surveyor prior to the start of construction and also prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, lot stakes (tagged), or benchmarks without the consent of the Engineer. The Contractor shall bear the expense of replacing any that may be disturbed. Replacement shall be done only by a Registered (licensed) Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the State of California. • • SP3 of 41 Upon submittal of all corner records to the Orange County Surveyor's Office, Contractor shall submit copies of the same records to the Agency. Contractor shall also submit accepted and filed comer records upon acceptance by the Orange County Surveyor's Office prior to completion of the project. For the convenience of the Contractor a package of some of the corner records and other related survey information has been assembled and is available from the City." 2 -9.2 Survey Service: Delete all three paragraphs and insert the following: "The Contractor shall perform and be responsible for the accuracy of surveying performed for the project. All construction surveying and monument preservation and monument replacement surveying necessary to complete the work shown on the plans and provided for in these contract documents and specifications shall be accomplished by or under the direction of a California licensed Land Surveyor or Professional Engineer, with the ability to practice land surveying, retained or provided by the Contractor. The Agency reserves the right to direct additional construction surveys be performed when it feels it is required to adequately construct the work. The name of the land surveying or civil engineering firm proposed by the Contractor to perform all required surveying and staking shall be indicated on the list of subcontractors included as part of the Contractor's bid. Payment for construction surveying and monument preservation and monument replacement shall be per the contract lump sum bid price for Project Surveying and no additional compensation will be allowed therefore." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. Add the following Section: 2 -12 VOLUNTARY PARTNERING The City of Newport Beach intends to establish a cohesive partnership with the Contractor and its principal subcontractors and suppliers. This partnership will be structured to draw upon the strengths of each organization to identify and achieve reciprocal goals. The objectives are effective and efficient contract performance and completion within budget, on schedule, and in accordance with plans and specifications. 0 0 SP4 of 41 This partnership will be bilateral in makeup, and participation will be totally voluntary. Any cost associated with effectuating this partnering will be absorbed by the respective parties with no change in the total contract price established in the proposal. To implement this partnership prior to starting work in accordance with the requirements of Section 6 of these Special Provisions and prior to the preconstruction conference, the contractor's management personnel and the Engineer will initiate a partnering development seminar /team building workshop. The City will hire a facilitator for the workshop. This facilitator will be a consultant experienced in arranging partnering workshops between public agencies and private construction contractors. The facilitator's fees will be paid by the City. With the assistance of the facilitator, City and Contractor project personnel will identify the persons who should attend the workshop and will establish the agenda for and the duration of the workshop. The persons who will be strongly encouraged to attend the workshop are the City's Project Manager, Construction Manager and Inspectors, the Contractor's on -site Project Manager and key project supervisory personnel, and any major subcontractor or supplier's key management and supervisory personnel. Each party will be responsible for paying for the costs of their personnel involved in the workshop's preparation and attendance. Follow -up workshops may be held periodically throughout the duration of the contract as agreed upon by the City and the Contractor. The establishment of a partnership charter for the project will not change the legal relationships of the parties to the contract, nor will it relieve either party from any of the terms of the contract. The partnership concept is intended to clarify lines of communications, identify procedures, and establish mechanisms to resolve disputes quickly and at an early stage. 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 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. • • SP5 of 41 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements. Add the following section: "4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall 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 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 retesting due to failed tests or inspections is required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City- owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall also adjust to finish grade sewer manholes owned by the Orange County Sanitation District as shown on the plans. The Contractor shall coordinate the adjustment of Southern California Edison, Southern California Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. The contractor is not required to replace existing County Sanitation District manhole covers. • • SP6 of 41 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers, manhole covers, all removed cast iron pipes and fittings, all removed street light poles and luminaires, and all removed fire hydrants. Care shall be exercised to avoid damaging the poles and luminaires as they are removed and transported to the City's Utility Yard. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete the second paragraph and substitute the following in its place: "No work shall begin until all of the contract documents (contract forms, bonds, insurance endorsements, et al) have been executed by all parties and a construction schedule and the SWPPP have been approved by the City. The Contractor shall submit the contract documents, the construction schedule, and the SWPPP to the Engineer for review and approval within ten (10) calendar days after receipt of a Notice of Award issued by the Engineer to the Contractor. The following requirements shall be incorporated into the construction schedule: 1. All work under this contract, excluding the contract landscape and maintenance period, shall be completed within 155 consecutive working days commencing the first calendar day after award of the contract by the City Council. (City Council award is scheduled to occur on October 9, 2001.) 2. The schedule shall include adequate windows of time for utility relocations by others within the limits of work (see Section 7 -7, Cooperation and Collateral Work). 3. The Contractor will be allowed to work during the time of the Newport Beach Boat Parade (December 17 to December 23, 2001). However, no open trenches or closed lanes (on Balboa Boulevard) will be allowed after 3 p.m. each day during the Boat Parade. 4. Work on or within the Balboa Pier Parking Lot shall be done in accordance with the following requirements: a) Access and parking for all OCTA bus operations shall be maintained at all times. b) Construction of the Balboa Pier parking lot shall conform to the Work Area Traffic Control Plans, except as modified hereafter: • • SP7 of 41 i) No work shall take place within the easterly half of the East Parking Lot (adjacent to Pier Plaza) prior to April 1, 2002. This section will be set aside for the sole use by the Balboa Pier Renovation contractor (see Section 7 -7, Cooperation and Collateral Work) as a staging and storage area. ii) The City's parking control system must remain in operation at all times. As an interim measure, the Contractor may relocate the existing ticket dispenser and entry gate mechanism to a location approved by the Engineer. iii) In order to comply with the requirements of the Coastal Development Permit, a minimum of 240 parking spaces must be available for public parking at all times. iv) Work on the southerly portion and the westerly portion of the Balboa Pier parking lot may take place concurrently provided that the minimum number of parking spaces is maintained and acceptable vehicular access for public parking is maintained at all times. If necessary, the Contractor shall remove existing striping and provide interim striping and signing, in a manner acceptable to the Engineer, in order to comply with these requirements. v) The Contractor shall not apply slurry seal on any area of the parking lot until all underground piping, conduits and /or sleeves therefore, have been installed. Installation of landscape and irrigation within planter areas may take place after placement of slurry seal. 5. No work shall take place within the Balboa Pier Plaza prior to April 1,2002 other than removal of existing trees and /or monuments designated for removal on the plans. 6. Work on the portion of Storm Drain Line A in Washington Street between the pipe outlet into Newport Harbor and the outlet from the new tide gate vault shall be scheduled as a first order of work and shall be done in accordance with the following provisions: Once begun, the following items of work shall be completed no later than December 14, 2001, barring inclement weather delays. a) Removal and disposal of existing asbestos cement pipe as shown on the plans. b) Installation of new storm drain pipe from the outlet into Newport Harbor to the outlet from the tide gate vault. c) All work on or within the existing bulkhead as shown on the plans. 0 0 SP9 of 41 September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th (Christmas Eve), December 25th (Christmas), and December 31s` (New Year's Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 3:30 p.m. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 7:00 P.M. to 1:00 A.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $95.00 per hour for inspectors and $135 per hour for the Engineer when such time periods are approved. For those locations where night work would facilitate the construction and minimize the disruption to the community the following requirements would apply: (Potential night work locations include the intersections of Balboa Boulevard with Palm Street / Washington Street / Main Street and on Main Street. The Contractor may suggest other locations) A. Night work hours shall be considered to be from 7:00 P.M. to 1 A.M. Monday through Friday. B. The Contractor will be allowed to work a maximum of 2 nights at each location. C. The Engineer must approve all requests for night work. D. The Contractor shall notify the Engineer two weeks prior to the start of work. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after one - hundred fifty -five (155) consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1000." Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize inconveniences to residences, businesses, vehicular and pedestrian traffic and the public as a result of construction operations. • d) Backfill of storm drain trench. e) Placement of electric conduit as shown on the plans. SP8 of 41 f) Construction of permanent trench pavement replacement section as shown on the plans. During construction of this portion of Storm Drain Line A, the Contractor shall restrict vehicular and pedestrian traffic from crossing the work area. Prior to commencement of construction, the Contractor shall submit a detour plan to the Engineer for review and approval. 7. As it is the intention of the City of Newport Beach to encourage the renovation of the Balboa Theatre, the Contractor shall be required to complete the following items of work by December 15, 2001, barring inclement weather delays, in order to accommodate the scheduled demolition of the existing theatre building: i) Installation of the 16 -inch water main in Balboa Boulevard from alley 221 to just westerly of Washington Street, including trench backfill and temporary A.C. ii) Installation of the 18 -inch storm drain lateral in Balboa Boulevard, from the junction structure at the intersection of Balboa Boulevard and Washington Street to catch basin No. 14 (but not including the catch basin), including backfill and temporary A.C. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet the approved schedule and has demonstrated that he will be able to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in • 0 SP10of41 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this section, "The City has obtained the following for this project: 1) Department of the Army Corps of Engineers permit to construct the storm drain in Washington Street discharging into Newport Harbor. 2) California Regional Water Quality Control Board permits to discharge groundwater generated by construction operations, and to construct the storm drain in Newport Harbor. 3) California Coastal Commission Notice of Intent to issue a Coastal Development permit covering the entire project. Copies are included in Appendix D. The requirements of these permits are incorporated into and are a part of these Special Provisions. The Contractor shall comply with all requirements of these permits. The City will be responsible for fulfilling the "prior to issuance' special conditions for the Coastal Development Permit. Payment for permit compliance shall be included in the Contractor's overall bid and no additional compensation will be allowed therefore." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "There are several projects within and adjacent to the limits of work which are scheduled to take place during the contract period, including the following: 1. Renovation of the Balboa Pier scheduled to occur from November 1, 2001 to May 1, 2002. This is a City of Newport Beach Construction Contract. 2. Construction of the Washington Street and Balboa Pier Restrooms scheduled to take place from November 1, 2001 to March 31, 2002. This is a City of Newport Beach Construction Contract. 3. Relocation of existing natural gas, electric, and telephone facilities at various locations as indicated on the plans. These relocations will be done by the utility agencies (Southern California Gas Company, Southern California Edison and Pacific Bell). The relocation of the existing telephone duct on the southerly side of Balboa Boulevard will require coordination with respect to the construction of Catch Basin Nos. 7,9, & 15 (Sheets 35 and 36). Once the Contractor has removed the existing surface improvements in the vicinity of these three basins, Pacific Bell shall be allowed a five (5) consecutive working day "window" to relocate the ducts to accommodate the construction of Catch Basin Nos. 7 & 9. With respect to Catch Basin No. 15, the conflict between the catch basin and the telephone duct is minimal, and the catch basin shall be modified as directed by the Engineer to accommodate the existing telephone duct. 0 • SP11 of 41 4. Construction of the Balboa Theatre. This is a private contract. A specific construction schedule is not available at this time, but commencement of the project is expected to occur at some time during the contract period. As currently contemplated, the project calls for demolition of both sides and the rear walls of the existing building. The front wall (facing Balboa Boulevard) and the theatre marquee will be supported and remain in place. This will require setting aside the parkway area immediately in front of the theatre building for placement of these supports. 5. Renovation of the Balboa Inn (105 Main Street). This is a private contract. A specific construction schedule is not available at this time, but this project is also expected to begin some time during the contract period. Coordination with respect to parking lot construction is required. The Contractor will relocate domestic water facilities as shown on the plans. City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven (7) calendar days notice of the time he desires the shut down of facilities to take place. A four -hour (4) shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour (6) shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Department. The City must approve any nighttime work in advance. 7 -8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $785 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. All water used during construction will be paid for by the Contractor. This includes water for flushing pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, 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 any catch basin, Newport Harbor, the beach, or the ocean." Add the following sections: "7 -8.6.1 Storm Water Pollution Prevention Plan and Monitoring Program ( SWPPP) The Contractor shall prepare, submit and obtain approval from the Engineer for a SWPPP and Monitoring Program in accordance with State Water Resources Control Board requirements. The City will provide a certified Notice of Intent (NO]) to comply 0 • SP12 of 41 with the State General Construction Activity Stormwater Permit. Prior to commencement of construction, the approved SWPPP and Monitoring Program and a copy of the certified NOI shall be on file at the Contractor's Feld office. The NOI and the approved SWPPP and Monitoring Program shall be considered as part of the Contract Documents. All requirements of the California Regional Water Quality Control Board Permit shall be incorporated into the SWPPP and the Monitoring Program. All work required for compliance with the requirements of the SWPPP and Monitoring Program shall be performed by the Contractor during the course of construction. The Contractor is advised the SWPPP (or portions thereof) may have to be amended at various times during the course of construction to reflect actual construction operations, inclement weather conditions, or as directed by the Engineer. Full compensation for complying with the provisions of this section, including implementation of the requirements of the SWPPP and modifications thereto during construction shall be considered as included in the Contractor's overall bid and no additional compensation will be allowed therefore. 7-8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15 per plate, per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 - 3402." 7 -8 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add the following, "The Contractor shall coordinate the removal and relocation (temporary and permanent) of any mail collection boxes with the Engineer and the U.S. Postal Service." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc.," and the Traffic Control Plans (Sheets 63 -70) section of the Plans, hereinafter referred to as the Traffic Control Plan. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other • • SP13of41 measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3). During construction of sidewalk improvements, the Contractor shall be allowed a maximum of 3 continuous days in which to re -route pedestrian traffic from the front entrance of retail establishments to the rear or other alternate entrances, when approved in advance by the Engineer. The Contractor shall coordinate and schedule all sidewalk closures with the Engineer, notifying him at least five working days prior to any such proposed closures. For those establishments where alternate entrances are not available or feasible, the Contractor shall provide access by either: 1) Phasing the sidewalk construction so that access can be maintained; or 2) Providing a wooden ramp (with handrails) spanning the sidewalk construction. The Contractor shall submit shop drawings of the wooden ramp(s) to the Engineer for review and approval prior to construction. The Detailed Traffic Control Plans (see Section 7 -10.3) shall include provisions for detouring pedestrian traffic around the areas of construction, as well as the specific measure for maintaining ingress and egress to storefronts, businesses, residences, etc. Vehicular access to driveways shall be maintained at all times except when the Engineer determines that necessary construction precludes such access. For a period of time not to exceed four (4) hours, in which case, at least 48 hours advance notice shall be provided to the establishment served by the driveway. 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following, "Construction materials shall not be stored in streets, roads, or sidewalk areas unless approved in advance by the Engineer. Contractor may store equipment and materials in an area to be arranged with the City prior to the start of construction. Contractor shall restore the laydown area to its preconstruction condition, including installation of new pavement and base." 7 -10.3 Street Closures, Detours and Barricades. Add to this section, 'The Traffic Control Plan (TCP) is intended to be used as a general, overall guideline. The Contractor shall be required to submit additional plans, hereinafter referred to as "Detailed Traffic Control Plans" as required by the Engineer for each separate phase and stage of the work, and/or increments thereof. The Detailed Traffic Control Plans shall be signed and stamped by a California licensed traffic engineer. The Detailed Traffic Control Plans shall conform to and expand upon the TCP. The Detailed Plans shall conform to the W.A.T.C.H. (2001 Edition). The Contractor shall submit each Detailed Traffic control Plan to the Engineer for review and approval, a minimum of 5 working days prior to commencing the work. The Detailed Traffic Control Plans shall incorporate (as a minimum) the following provisions: 1. Emergency vehicle access shall be maintained at all times. At least one open lane in each direction shall be maintained at all times for vehicular traffic. L • SP14of41 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. Traffic to the Balboa Ferry shall be detoured as shown on the TCP. The signage indicated on the TCP is intended as a minimum. The Contractor shall provide additional signage as directed by the Engineer. 6. During construction of Storm Drain Line A, the Contractor may close Washington Street to traffic subject to the following provisions: 1) One lane of traffic must be maintained on East Bay Avenue across the intersection at Washington Street at all times. 2) One lane of southbound traffic on Washington Street shall be maintained between East Bay Avenue and the driveway on Washington Street serving the Balboa Market (northwesterly corner of Balboa Boulevard and Washington Street). The Contractor shall provide signage indicating "Local Traffic Only," "Balboa Market Traffic Only," or similar wording as approved by the Engineer. 7. The Detailed Traffic Control Plans shall indicate measures for providing adequate turning radii for all OCTA bus operations, particularly for northbound Main Street onto westbound Balboa Boulevard. 8. Except where indicated on the TCP, no street or alley closures shall be permitted. 9. Drawings shall be kept open at all times, except as permitted by the Engineer 7 -10.4 Public Safety 7- 10.4.1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. • SP15 of 41 The right of the Engineer to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7- 10.4.4 Confined Spaces. Add the following to this section, "Because of the potential presence of methane and hydrogen sulfide, the Contractor's attention is directed to the requirements of this section." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight (48) hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a tri -fold construction notice to the residents and businesses, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to adjacent residents and businesses a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. Because of the length and complexity of the project, the Contractor may be required to deliver additional notices as directed by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all subcontractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. 0 • SP16 of 41 Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 7 -17 TEMPORARY WATER MAIN BYPASS. The Contractor shall install and maintain a temporary water main bypass during the replacement of water mains. The Contractor may use the City's bypass equipment; a $1,000 equipment deposit is required. Arrangements should be made with the Utilities Superintendent, Mr. Pete Antista at (949) 718 -3401. SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL 8 -1 General. Add to this section, "The Contractor shall provide a field office for his own personnel. The field office shall, as a minimum, conform to the requirements of a Class B Field Office as defined in Section 8 -2.2, and shall be equipped with separate telephone, e-mail, and facsimile lines. The City will make available an area for the Contractor's field office in the westerly portion of the Balboa Pier parking lot, although the Contractor is free to make arrangements for a field office elsewhere in the general vicinity of the work area. The Contractor is not required to furnish a field office for City personnel or representatives." SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read, 'The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. For the purpose of making partial payments pursuant to Subsection 9 -3.2, "Partial and Final Payment," of the Standard Specifications, the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be recognized for progress payment purposes: Mobilization $100,000.00 . • SP17 of 41 After acceptance of the contract pursuant to Subsection 6 -8, "Completion and Acceptance," of the Greenbook, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove listed for said item, will be include in the first payment after filing of a Notice of Completion." Add the following Section: 9-4 STIPULATED CONTRACT UNIT PRICES The contract unit prices for the Lithocrete items are stipulated on the bid proposal form as are the item totals based upon the estimated quantities shown in the proposal. 9 -5 BID ITEM DESCRIPTIONS The following descriptions pertain to certain bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans prepared and signed by a licensed traffic engineer, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons, and shall include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Cold Mill P.C.C. Paving: Work under this item shall include the cold milling of the existing P.C.C. pavement below existing finished grade, disposal of all milled material, and shall include furnishing all labor, tools, equipment and materials necessary to cold mill the existing P.C.C. roadway pavement below existing finished grade complete and in place. Item No. 4 Sawcut & Remove P.C.C. Curb and Gutter: Work under this item shall include sawcutting, removal and disposal of P.C.C. Curb and Gutter and subgrade material as necessary to allow construction of replacement curb and gutter or roadway structural section or sidewalk, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 5 Sawcut & Remove 8" P.C.C. Roadway: Work under this item shall include sawcutting, removal and disposal of P.C.C. pavement and aggregate base and subbase material as necessary to allow construction of replacement roadway structural section, SP18 of 41 and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 6 Sawcut & Remove P.C.C. Driveway Approach: Work under this item shall include sawcutting, removal and disposal of P.C.C. Driveway Approaches and aggregate base and subbase material as necessary to allow construction of replacement driveway or sidewalk section, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 7 Sawcut & Remove P.C.C. Sidewalk: Work under this item shall include sawcutting, removal and disposal of P.C.C. Sidewalk and subgrade material as necessary to allow construction of replacement sidewalk, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 8 Sawcut & Remove P.C.C. Alley Approach: Work under this item shall include sawcutting, removal and disposal of P.C.C. Alley Approaches and aggregate base and subbase material as necessary to allow construction of replacement alley approaches, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 9 Sawcut & Remove P.C.C. Cross Gutter: Work under this item shall include sawcutting, removal and disposal of P.C.C. Cross Gutters and aggregate base and subbase material as necessary to allow construction of replacement cross gutters, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 10 Not Used. Item No. 11 Sawcut & Remove AC Pavement: Work under this item shall include sawcutting, removal and disposal of AC pavement and aggregate base and subbase material as necessary to allow construction of replacement roadway structural section, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 12 Remove Planter Wall: Work under this item shall include the removal and disposal of existing planter walls, plants and soil as described on the plans, and shall include furnishing all labor, tools, equipment, and materials necessary to remove the planters to subgrade complete and in place. Item No. 13 Remove Street Light & Base: Work under this item shall include the removal and salvage of street lights, and the removal of P.C.C. base supports, including removal of electrical wiring and pull boxes, and shall include furnishing all labor, tools, equipment and materials necessary to remove the street lights to subgrade complete and in place. Salvaged material shall be delivered to the City Utilities Yard (949 W. 16th Street). • • SP19 of 41 Item No. 14 Remove and Replace Curb Drain; Construct Drain through Curb: Work under this item shall include the removal and disposal of existing curb drains interfering with the reconstruction of sidewalks and curbs and gutters as described on the plans, and the installation of new curb drains and shall include furnishing all labor, tools, equipment and materials necessary to remove and reinstall curb drains complete and in place. Item No. 15 Remove Tree:: Work under this item shall include the removal and disposal of all trees interfering with proposed improvements and not designated for relocation as described on the plans, including the removal and disposition of roots larger than 1" in diameter, and other organic material, and shall include furnishing all labor, tools, equipment and materials necessary to remove trees complete and in place. Item No. 16 Not Used. Item No. 17 Not Used. Item No. 18 Not Used. Item No. 19 Asphalt Concrete: Work under this item shall include the placement, spreading and compaction of AC paving course to the thickness' specified on the plans and as directed by the Engineer and shall include furnishing all labor, tools, equipment and materials necessary to construct an asphalt paving course complete and in place. Item No. 20 Construct Variable Thickness Asphalt Concrete Leveling Course: Work under this item shall include the placement, spreading, and compaction of variable thickness asphaltic concrete leveling course and shall include furnishing all labor, tools, equipment and materials necessary to construct a variable thickness leveling course complete and in place. Item No. 21 Untreated Base: Work under this item shall include subgrade preparation and compaction; disposal of excess excavated materials; the placement, and spreading and compaction of Untreated Base Material to the thickness' specified on the plans and as directed by the Engineer and shall include furnishing all labor, tools, equipment and materials necessary to construct an untreated base course complete and in place. Anywhere on the plans and/or in the specifications, where the words "aggregate base," "crushed aggregate base," etc, appear, they shall be construed to mean "crushed miscellaneous base." Item No. 22 Install Fabric Glasgrid 8502: Work under this item shall include cleaning, patching and sealing cracks, and the placement of Fabric Glasgrid 8502 (or approved equal), over cold - milled FCC pavement prior to the placement of AC Variable Thickness Asphalt Concrete Leveling Course and at locations as directed by the Engineer, and shall include furnishing all labor, tools, equipment and materials necessary to install fabric Glasgrd 8502 complete and in place. E • SP20 of 41 Item No. 23 Construct 2 -Inch Thick Rubberized Asphalt Rubber Overlay: Work under this item shall include the placement, spreading and compaction of 2 -inch thick asphalt rubber overlay and shall include furnishing all labor, tools, equipment and materials necessary to construct a 2 -inch thick asphalt rubber overlay complete and in place. Item No. 24 Textured Asphalt Pavement: Work under this item shall include the application of pavement texturing and coloring as detailed on the plans within the crosswalks on Balboa Blvd. at the intersections of Adams Street, Palm Street, and Washington Street. The pavement texturing and coloring process shall be StreetPrint Pavement Texturing Process as licensed by Integrated Paving Concepts, Inc (604 -574- 7510), or a City approved equal. The process shall be performed in accordance with the licensee's specifications and shall be done by a contractor or sub - contractor authorized by the licensee. The coloring process shall be applied no sooner than 30 calendar days after placement of the rubberized asphalt concrete pavement. The Contractor shall provide a 4.0 -foot by 4.0 -foot sample of both the texture and color at a location within the project limits designated by the Engineer. Placement of the texturing shall be phased in conformance with the traffic control plans. Item No. 25 Construct Type "A" P.C.C. Curb and Gutter (Variable Height): Work under this item shall include the construction of variable height Type "A" P.C.C., gray (no lithocrete or colored or stained concrete) curb and gutter, with 2 -foot gutter, including subgrade preparation; disposal of excess excavated materials; concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the Type "A" P.C.C. curb and gutter complete and in place. Item No. 26 Construct Type B" P.C.C. Curb: Work under this item shall include the construction of Type "B" P.C.C. gray (no lithocrete or colored or stained concrete) curb, including subgrade preparation; disposal of excess excavated materials; concrete forms and finishing, and shall include furnishing all labor, tools, equipment and materials necessary to remove the existing improvements and construct the Type "B" P.C.C. curb complete and in place. Item No. 27 Modified P.C.C. Driveway Approach /Alley Approach: Work under this item shall include the incremental difference between constructing 4 -inch thick P.C.C. sidewalk and 6 -inch thick P.C.C. drive approach or alley approach, (the contract unit price quantities for the various types of Lithocrete sidewalk include the contract unit quantities for this item), and shall include subgrade preparation, concrete forms, and finishing all labor, tools, equipment and materials necessary to construct the driveway /alley approach complete in place. Item No. 28 Construct 4" P.C.C. Sidewalk: Work under this item shall include the construction of 4 -inch thick standard P.C.C. sidewalk, including subgrade preparation; disposal of excess excavated materials; blockouts for tree wells, concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the sidewalk complete and in place. • • SP21 of 41 Item No. 29 Lithocrete Construction Oversight and Supervision: Work under this item shall include subgrade preparation, traffic control, and Contractor's mark -up for coordination, subgrade preparation, traffic control, oversight, and administration of the construction of Lithocrete sidewalks, driveway approaches, and pavement by a licensed sub - contractor authorized to install Lithocrete. Items 29a through 29e Construct 4" Lithocrete Sidewalk: See Section F of Special Provisions. Item No. 30 Construct Cross Gutter: Work under this item shall include the construction of P.C.C. Cross Gutters, including subgrade preparation; AB placement; rebar dowels; disposal of excess excavated materials; concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the cross gutters complete and in place. Item No. 31 Construct P.C.C. Curb Ramps: Work under this item shall include the construction of P.C.C. or curb ramps, including subgrade preparation; disposal of excess excavated materials; concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the curb ramps complete and in place. Item No. 32 Slurry Seal: Slurry Seal AC Pavement. Work under this item shall include cleaning and repairing cracks, and preparation of the surface to receive the slurry, as directed by the Engineer, and all other work necessary to place slurry seal. Item No. 33 Construct 8 -inch P.C.C. Pavement: See Section F of the Special Provisions. Item No. 33a through 33e Construct 8" Lithocrete Pavement: See Section F of Special Provisions. Work under this item shall include the construction of 8 -inch thick Lithocrete pavement, including blockouts for tree wells, concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the sidewalk complete and in place. Item No. 34 Construct Local Depression: Work under this item shall include the construction of P.C.C. Local Depressions, including subgrade preparation; disposal of excess excavated materials; concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the local depressions complete and in place. Item No. 35 Not Used, Item No. 35a Remove Existing Parking Meter Post: Work under this item shall include the removal of existing parking meter posts and their foundations as shown on the plans (meters will be removed by the City at no cost to the Contractor), and shall include backfilling of excavations. 0 • SP22 of 41 Item No. 35b Furnish and Install New Parking Meter Post. Work under this item shall include installation of new parking meter posts as shown on the plans (new parking meters will be installed by the City at no cost to the Contractor), and shall include foundation excavation, P.C.C. foundation and finishing, and shall include furnishing all labor, tools, equipment and materials necessary to install the parking meter post complete in place. Item No. 36 Concrete Parking Stop (Brooks Products): Work under this item shall include the installation of Concrete Parking Stops 8- inches x 30- inches x 5- 1 /2- inches high, manufactured by Brooks Products, Inc., as recommended by the manufacturer and as directed by the Engineer and shall include furnishing all labor, tools, equipment and materials necessary to install the parking stops complete and in place. Item No. 37 Not Used. Item No. 38 Construct Type "D" Curb: Work under this item shall include the construction of Type D curb, P.C.C. gray (no Lithocrete or colored or stained concrete), including subgrade preparation; disposal of excess excavated materials; concrete forms and finishing; and shall include furnishing all labor, tools, equipment and materials necessary to remove the existing improvements and construct the curb and gutter complete and in place. Item No. 39 Construct Type "C' (Modified) Curb and Gutter: Work under this item shall include the construction of Type "C" (Modified) P.C.C. gray (no lithocrete or colored or stained concrete) curb, including subgrade preparation; disposal of excess excavated materials, concrete forms and finishing, and shall include furnishing all labor, tools, equipment and materials necessary to remove the existing improvements and construct the curb and gutter complete and in place. Item No. 40 Modify French Drain Systems: Work under this item shall include excavation of beach sand, installation of 5 -inch perforated pipe extended 18- inches into vault, filter fabric wrap, stainless steel bands, backfill with beach sand, removal of vault wall, installation of pipe and grout with Class C Mortar, clean inside of vault, removal of gravel and debris, placement of 2 feet of clean % -inch gravel; and shall include furnishing all labor, tools, equipment and materials necessary to modify the french drain complete and in place. Item No. 41 Not Used Item No. 42 Not Used Item No. 43 Not Used Item No. 44 Not Used Item No. 45 Not Used Item No. 46 Not Used Item No. 47 Not Used • • SP23 of 41 Item No. 48 Remove and Reconstruct (R &R) Pier Parking Lot Pavement: Work under this item shall include sawcutting, removal and disposal of existing AC pavement and base materials as directed by the Engineer, subgrade preparation; disposal of excess excavated materials; and the placement, spreading and compaction of 3 -inch AC over 8 -inch UB courses and shall include furnishing all labor, tools, equipment and materials necessary to reconstruct the Pier Parking Lot pavement complete and in place. The limits of R &R delineated on the plans are estimated locations only. They have been used to calculate a quantity of R &R for bidding purposes to establish a unit price for the work. The actual limits of removal shall be marked by the Engineer in the field and pay quantities will be calculated based upon the actual work performed. The Contractor shall provide the Engineer with 3 days written notice of his readiness to perform the work. Item No. 49 Not Used. Item No. 50 Not Used. Item Nos. 51 and 52 Install 24 -inch RCP (2000 -D) and 18 -inch RCP (2000 -D): Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, backfill material, slurry backfill, AC or PCC trench patching in Washington Street per CNB Std - 105 -L, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to install complete and in place. Item Nos. 53 and 54 Construct P.C.C. Junction Structure (Type as shown): Work under this item shall include the construction of P.C.C. Junction Structure CNB Std -310- L including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, concrete forms and finishing, Grade 60 reinforcement, installation of base, shaft, grade rings, manhole frames and bolt -down covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and shall include furnishing all labor, tools, equipment and materials necessary to construct the P.C.C. junction structure complete and in place. Item No. 55 Not Used Item No. 56 Construct Manhole No. 4: Work under this item shall include, the construction of P.C.C. manhole per CNB Std -308 -L including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary • 0 SP24 of 41 patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, concrete forms and finishing, Grade 60 reinforcement, installation of base, shaft, grade rings, manhole frames and bolt -down covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and shall include furnishing all labor, tools, equipment and materials necessary to construct manhole No. 4 complete and in place. Item No. 57 Construct Modified Catch Basin with Manhole, Case A: Work under this item shall include, the construction of a modified catch basin with manhole per CNB Std - 300 -L, Case A, including but not limited to, pavement and sidewalk removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, concrete forms and finishing, Grade 60 reinforcement, installation of base, shaft, grade rings, manhole frames and bolt -down covers, potholing of all existing utilities, connections to existing and proposed storm drain facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, installation of "Ultra Urban Filter' as distributed by Asbury Environmental Services, 2100 North Alameda Street, Compton, CA, 90222 (800 - 974 - 4495), and shall include furnishing all labor, tools, equipment and materials necessary to construct modified catch basin with manhole, Case A, complete and in place. Item No. 58 Construct P.C.C. Catch Basin, Type OL: Work under this item shall include the construction of P.C.C. Catch Basins per CNB Std -300 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, concrete forms and finishing, Grade 60 reinforcement, installation of base, shaft, grade rings, manhole frames and bolt -down covers, potholing of all existing utilities, connections to existing and proposed storm drain facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, installation of "Ultra Urban Filter' as distributed by Asbury Environmental Services, 2100 North Alameda Street, Compton, CA, 90222 (800 - 974 - 4495), and shall include furnishing all labor, tools, equipment and materials necessary to construct the P.C.C. Catch Basins complete and in place. Item No. 59 Not Used. Item No. 60 Construct Pipe Collar: Work under this item shall include the construction of P.C.C. collar per CNB Std -313 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, concrete forms and finishing, Grade 60 reinforcement, potholing of all existing utilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and shall include • • SP25 of 41 furnishing all labor, tools, equipment and materials necessary to construct the pipe collar complete and in place. Item No. 61 Encase Pipe per Orange County Sanitation District (CSD) Standard S- 020, Type I, L =10 feet: Work under this item shall include, but not be limited to, encasement of an existing 15 -inch Orange County Sanitation District Sewer Pipe per CSD Std. S -020, Type I, L =10 feet, including concrete forms and finishing, Grade 60 reinforcement, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to encase the RCP complete and in place. Item No. 62 Encase Storm Drain Pipe per Detail: Work under this item shall include, but not be limited to, encasement of storm drain pipe per details on the plans, including concrete forms and finishing, Grade 60 reinforcement, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to encase the RCP complete and in place. Item No. 63 Brick and Mortar Plug: Work under this item shall include, but not be limited to, excavation, temporary patching or trench plates, control of. ground and surface water, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary or permanent support of utilities, disposal of excess excavated materials, brick and Class C mortar, and shall include furnishing all labor, tools, equipment and materials necessary to install the brick and mortar plug complete and in place. Item No. 64 Tide Gate Vault Structure with Waterman Model P -30 Slide Gate: Work under this item shall include constructing a P.C.C. vault structure in accordance with the details provided on the plans, including removal of existing street, planter and walkway improvements, excavating, sheeting, shoring, bracing, exposing utilities in advance of work, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, concrete forms and finishing, Grade 60 reinforcement, potholing of all existing utilities, connections to existing and proposed storm drain facilities, installation of 12 -inch Schedule 80 PVC from catch basin, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and shall include furnishing all labor, tools, equipment and materials necessary to construct the tide gate vault structure and furnish and install a Tide Gate, Waterman Model P -30 (or approved equal) with cover, backfilling, compacting, disposing of materials, and reconstructing the removed street, planter and walkway improvements, complete and in place. • • SP26 of 41 Item No. 65 Install Tide Gate Operator, Controls and Electric Service: Work under this item shall include full compensation for furnishing and installing the slidegate, electric motor operator and stainless steel enclosure therefore, controls and components for electric service, and for furnishing the labor, materials, tools and equipment to install the gate, operator, controls and electric service, complete and in place, including testing and certification of installation, setup and operation by representatives from Waterman Industries, Inc. Item No. 65a Furnish and Install Stainless Steel Myers Cabinet. Work under this item shall include furnishing and installing a single meter stainless steel cabinet (Myers Cabinet Model No. MEUGX -M100 with window and meter socket) for the electric meter to serve the new tidegate motor and shall include excavation, foundation preparation, construction of PCC foundation, bolts, placement of 1 '/2 -inch conduit to the adjacent Southern California Edison (S.C.E.) vault, all in accordance with City Std - 206 -L, (Electric meter installation and wiring from the vault thereto shall be done by S.C.E.), and shall include all labor and materials necessary to construct the meter cabinet complete and in place. Item No. 65b Install 1 Y2-inch PVC (Schedule 40) Electric Conduit. Work under this item shall include furnishing and installing 1 1/2-inch PVC (Schedule 40) gray conduit as shown on the plans. The conduit shall be placed in the trench for the Washington Street storm drain trench with a minimum cover of 36- inches below finish grade. Unless otherwise directed by the Engineer, a pull rope shall be placed inside the conduit. Item No. 66 Pipe Outlet Through Bulkhead per Detail; Work under this items shall include, but not be limited to, removing interfering portions of the existing 15 -inch diameter asbestos cement pipe (ACP) between the catch basin and the bulkhead and between bulkhead and outlet; removal of existing pipe supports and interfering steel rods in bay; handling and disposal of ACP in accordance with all applicable hazardous materials regulations; protecting existing coaxial cable and PVC conduit on bulkhead; slurry backfilling and capping ACP that remains in place; sawcutting and removing interfering portions of the concrete in bulkhead and concrete pavement; exposing utilities in advance of pipe excavation operations; trench excavations; shoring; bracing; temporary patching or trench plates; control of ground and surface water; bedding; backfill; compaction; installation of pipe; potholing of all existing facilities; removal, abandonment or protection of interfering portions of existing utilities or improvements; temporary and permanent support of utilities; disposal of excess excavation materials; protecting existing bulkhead reinforcement; coring bulkhead and epoxy bonding and grouting new Grade 60 reinforcement and collar; backfilling, constructing concrete pipe supports and galvanized anchor straps per these specifications and the details in the plans; and shall include furnishing all labor, tools, equipment and materials necessary to construct the pipe collar complete and in place. Item No. 67 Not Used. Item No. 68 Not Used. L Item No. 69 Not Used. Item No. 70 Not Used. SP27 of 41 Item No. 71 Furnish and Install CNB Sewer Cleanout Cover: Work under this item shall include pavement removal, excavation, temporary patching or plating, backfill, compaction, disposal of excess excavation, removal and salvage to City Yard of existing cleanout cover and frame, installation of new cover and frame, adjustment to finish grade, construction of P.C.C. collar, all in accordance with City Std - 400 -L, and shall include all labor, materials, tools, and equipment necessary to install complete and in place. Item No. 72 Adjust OCSD Sewer Manhole to Grade; Work under this item shall include, but not be limited to, pavement removal, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, and shall include furnishing all labor, tools, equipment and materials necessary to adjust OCSD sewer covers and frames to grade complete and in place. Item No. 73 Furnish and Install CNB Sewer Manhole Covers: Work under this item shall include pavement removal, excavation, temporary patching or plating, backfill, compaction, disposal of excess excavation, removal and salvage to City Yard of existing cover and frame, installation of new cover and frame in accordance with City Std - 112 -L, adjustment to finish grade in accordance with City Std -111 -L and shall include all labor and materials, tools, and equipment necessary to install complete and in place. Item No. 74 Remove Existing 6 -inch CIP Including Fittings and Thrust Blocks, Install 6- inch PVC, C -900, CL 150 Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, removal of existing 6 -inch CIP pipe, fittings and thrust blocks, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to install complete and in place. Item No. 75 Install 16 -inch PVC, C -900, CL 150: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing existing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, 0 • SP28 of 41 temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to install complete and in place. Item No. 76 Remove Exist. 12 -inch Cast Iron Pipe, including Fittings and Thrust Blocks, Replace with 12 -inch PVC, C -900, CL 150: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, removal of existing 12 -inch CIP pipe, fittings and thrust blocks, delivery of salvaged CIP pipe and fittings to City Maintenance Yard, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to install complete and in place. Item No. 77 Install 8 -inch PVC, C -900, CL 150: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing existing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to install complete and in place. Item No. 78 Install 4 -inch PVC, C -900, CL 150: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing existing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and shall include furnishing all labor, tools, equipment and materials necessary to install complete and in place. Item No. 79 Install 6 -inch Fire Hydrant Assembly: Work under this item shall include removal, if applicable, of existing fire hydrant, furnishing and installing a new fire hydrant assembly in accordance with CNB Std. 500 -L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast iron traffic cover, valve extension, and shall include furnishing all labor, tools, equipment and materials necessary to install a new fire hydrant assembly complete and in place. • SP29 of 41 Item No. 80 Install 6 -inch Double Check Detector Backflow Prevention Assembly: Work under this item shall include furnishing and installing a new Double Check Detector Backflow Prevention Assembly in accordance with CNB Std. 517 -L, including, but not limited to, an approved double check valve assembly, resilient wedge gate valve, bronze body rubber seated ball valve shut -off, bypass double spring loaded poppet check valve assembly, magnetic drive, low head loss, bypass meter, thrust blocks, other appurtenant features, and shall include furnishing all labor tools, equipment and materials necessary to install a new double check detector backflow prevention assembly complete and in place. Item No. 81 Install 2 -inch Reduced Pressure Principle Backflow Prevention Assembly: Work under this item shall include furnishing and installing a new Reduced Pressure Principle Backflow Prevention Assembly in accordance with CNB Std. 520 -L, including, but not limited to, a backflow assembly with spring loaded check valves and integral diaphragm actuated relief valve from CNB's approved list, resilient wedge gate valve, bronze body test valves, thrust blocks, other appurtenant features, and shall include furnishing all labor tools, equipment and materials necessary to install a new backflow prevention assembly complete and in place. Item No. 82 Not Used Item No. 83 Install 12 -inch CL 150 (FExFE) Butterfly Valve w/ Valve Box & Riser: Work under this item shall include furnishing and installing a 12 -inch CL 150 (FExFE) Butterfly Valve including but not limited to, valve box plus sensing wire and cover and valve extension all other work necessary to install 12 -inch Ductile Iron Butterfly Valve complete and in place. Item No. 84 Install 6 -inch CL 150 (MJxFE) Resilient Wedge Gate Valve wl Valve Box & Riser: Work under this item shall include furnishing and installing a 6 -inch CL 150 (MJxFE) Resilient Wedge Gate Valve including, but not limited to, valve box plus sensing wire and cover and valve extension all other work necessary to install 6 -inch Resilient Wedge Valve complete and in place. Item No. 85 8 -inch CL 150 (MJxFE) Resilient Wedge Gate Valve w/ Valve Box & Riser: Work under this item shall include furnishing and installing a 8 -inch CL 150 (MJxFE) Resilient Wedge Gate Valve including, but not limited to, valve box plus sensing wire and cover and valve extension all other work necessary to install 6 -inch Resilient Wedge Valve complete and in place. Item No. 86 1 -inch Water Service: Work under this item shall include furnishing and installing a 1 -inch water service in accordance with CNB Std. 502 -L including, but not limited to, furnishing a new concrete meter box and cover, Type "K" copper tubing, angle meter stop, coupling, corporation stop, and double strap bronze service saddle and shall include furnishing all labor, tools, equipment and materials and materials necessary to install the water service complete and in place. • • SP30 of 41 Item No. 87 2 -inch Water Service: Work under this item shall include furnishing and installing a 2 -inch water service in accordance with CNB Std. 503 -L including, but not limited to, furnishing a new concrete meter box and cover, Type "K" copper tubing, angle meter ball stop, coupling, corporation stop, and double strap bronze service saddle and shall include furnishing all labor, tools, equipment and materials and materials necessary to install the water service complete and in place. Item No. 88 4 -inch Water Service: Work under this item shall include disconnecting an existing 4 -inch service connection and reconnecting the 4 -inch water service to the new water main when it is operational, including connecting the service lateral to the existing water meter assembly in accordance with CNB Std. 513 -L, coordinating the water outage (outage no more than 4 hours duration) with the City and with effected businesses and shall include furnishing all labor, tools, equipment and materials and materials necessary to disconnect and reconnect the water service complete and in place. Item No. 89 Temporary Water Main Bypass: Work under this item shall include the installation and removal of a temporary water main bypass and shall include furnishing all labor, tools, equipment and materials necessary to install and remove of a temporary water main bypass complete and in place. In accordance with Section 7 -17, materials and equipment for a temporary bypass are available from the City. Item No. 90 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 91 Install Air and Vacuum Release Valve Assembly: Work under this item shall include furnishing and installing an Air and Vacuum Release Valve Assembly including, but not limited to, bronze double strap service saddle, 2" Corp stop, 2 -inch Bronze ball valve, 2 -inch Air and vacuum relief valve, 18 -inch Schedule 40 steel vented pipe cover, and all other work necessary to install the air and vacuum release valve assembly complete and in place. Item No. 105: Parking Control System: Work under this item shall include the furnishing and installation of the new parking gates and ticket dispenser. The ticket dispenser shall be an ETP Series dispenser (Model ETP 10/20) and the parking gates shall be an AGP -1700, both as manufactured by Amano Cincinnati, Inc., or approved equals, and shall be installed per the manufacturer's specifications and the details on the plans. Payment for the parking control system shall include full compensation for furnishing all labor, tools, and equipment for constructing the parking control system complete in place. • • SP31 of 41 PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1.2.1 Portland Cement. Add to this section, "Cement used for 24 -inch reinforced concrete pipe extending into Newport Bay beyond the concrete bulkhead or for pipe supports in the bay shall be Type V conforming to the requirements of ASTM C 150." 201 -5 CEMENT MORTAR Add this section: "201 -7.2.1 Quick Setting Grout. The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout as approved by the Engineer." SECTION 203 - -- BITUMINOUS MATERIALS SECTION 203 -1 PAVING ASPHALT 203 -1.3 Test Reports and Certification Replace this section with, "At least five workings days prior to the start of slurry seal application, the Contractor shall deliver to the Engineer sufficient samples of the latex -added emulsified asphalt and the aggregates proposed to be used on this project to the City designated material testing laboratory for mix evaluation. A copy of the laboratory test report shall be submitted to the Engineer for review and approval on every batch of slurry proposed for the work. The Contractor shall not begin work until the Engineer approves the test results. The costs of these required laboratory tests shall be included in the unit price bid for Materials Testing and no additional compensation shall be made by the City to the Contractor." SECTION 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.1 General. Add to this section the following, "The emulsion shall meet the requirements of CQS -P, consisting of refined asphalt cement modified with Styrene /Butadiene /Styrene (SBS) or Ethylene/Vinylacetate (EVA) synthetic rubber and dispersed in water to produce a cationic type quick - setting asphalt emulsion." • . SP32 of 41 203 -5.2 Materials. Replace 2) with the following: "ADDITIVES: a. Ammonium Sulfate - Ammonium sulfate in liquid form shall be used as a retardant. The amount of retardant shall be that amount necessary to prohibit the slurry from setting up prematurely, and permit a street to be opened to vehicular traffic within three hours after the slurry application, without tracking or damage to the slurry. b. Portland Cement - Portland cement shall be used as an accelerator. The amount used shall be that amount necessary to permit a street to be opened to vehicular traffic within three hours after the slurry application, without tracking or damage to the slurry. c. Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2' /z percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.5 Joints. Add to this section, "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Co. may be contacted at (800) 845 - 6962." 207 -9 IRON PIPE AND FITTINGS 207 -9.2.2 Pipe Joints. Add to this section, "All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full- faced, cloth reinforced Buna -N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all- thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. • • SP33 of 41 Bolted connectors fabricated from Type 316 - Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints" 207 -9.4 AWWA Butterfly Valves 207 -9.4.1 General: All butterfly valves shall be of the tight - closing, rubber -seat type, conforming to the design standards of ANSI /AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and /or operation after long periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be, K -FLO Wolverine Fig.506 (Class 150), or approved equal. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65 -45 -12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18 -8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Valve operating nuts shall be 2 inches square. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self - lubricating, corrosion- resistant, sleeve type. Bearings shall be designed for horizontal and /or vertical shaft loading. Shaft packing shall be self- adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacturer. All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 • • SP34 of 41 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI /AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 316 stainless steel exterior body bolts. SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." SECTION 215 STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be installed across inlets for all new catch basins that drain into new storm drain systems as shown on the plans. Insert widths shall match the curb opening widths of catch basins. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section, "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this section with, "Saw cuts shall be neatly • • SP35 of 41 made to a minimum of two inches." And replace the words, "1-1/2 inches' of the last sentence with the words, "two inches ". (d) Asbestos Cement Pipe. The Contractor shall remove and dispose of asbestos cement pipe in accordance with all applicable state and federal regulations. Removal of Asbestos Cement Pipe shall be performed by a hazardous material - licensed contractor at locations per the Demolition Plans, details, and specifications, as directed by the City of Newport Beach. The Asbestos Cement Pipe shall be treated as a hazardous material and the Contractor shall take all precautions as required by federal, state and agency regulations during removal and disposal of the material. Disposal of hazardous material shall be to a landfill certified to receive the material. 300 -1.5 Solid Waste Diversion. 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 total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 301 - -- TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301 -2 UNTREATED BASE 301 -2.1 General. Revise this section to read, "Untreated base shall be crushed miscellaneous base (or better) in conformance with Section 400 -2, Untreated Base Materials." Placement and compaction of untreated base shall conform to Section 301- 2, "Untreated Base." SECTION 302 - -- ROADWAY SURFACING SECTION 302-4 EMULSION - AGGREGATE SLURRY 302 -4.3 Application (add to this section): 302 -4.3.1 General. Add to this section with, `Type I slurry shall be applied on all residential streets and parking lots at the rate of 9.5 pounds per square yard. Type 11 slurry shall be applied on all non - residential streets at the rate of 13 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 0 SP36 of 41 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "The application of slurry shall not commence until after 8:00 a.m., and the slurry shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and /or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at his own expense and no additional compensation shall be made by the City to the Contractor." Replace the first sentence of the third paragraph with, 'Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed - killer before any slurry shall be applied." 302.4.3.4 Application Testing. Add this section to read, "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor." 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section, "Asphalt shall be placed in base course and cap course lifts. Base course shall be III -B -AR -4000 with individual lifts not exceeding 5- inches. Cap course shall be III- C2 -AR- 4000" in lifts no less than 1.5- inches thick." 3 -2.5.3 Prime Coat. Add to this section, "A prime coat of Grade SC -250 liquid asphalt shall be applied per the requirements of this section." 302 -5.4 Tack Coat. Add to this section, 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section, "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -1.9.5 Lithocrete over Catch Basins. Add to this section, "Catch basins located within street and sidewalk areas to be paved with Lithocrete shall have finished roof surfaces constructed from the same lithocrete material in a pattern contiguous with E • SP37 of 41 the overall pattern. A minimum 2 -inch pan shall be provided over the catch basin roof structure to allow placement of the Lithocrete material." 303-4 MASONRY CONSTRUCTION Add to this section, "The pier plaza seat wall shall be coated with Armorglaze W/B 6000 in conformance with the manufacturer's specifications." 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section, "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.4 Joints 3035.4.1 General. Add to this section, "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of at least 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section, "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section, "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled ' V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 - 3402." 303 -5.5.4 Gutter. Add to this section, "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." • • SP38 of 41 303 -5.5.5 Free Form Architectural Finishes. This project includes a number of architectural patterns to be constructed of lithocrete or concrete material on the sidewalk and roadway finished surfaces. The Contractor shall work with the Engineer to properly locate and construct all of the features proposed by the plans. In a number of areas (e.g. along the Pier Plaza) the proposed improvements cannot be described geometrically as they are "free form" in nature. In these areas, the Contractor shall use the 10 -foot x 10 -foot grid provided on the plans to control the geometry of the proposed pattern(s). The Contractor shall obtain approval of the proposed geometry of all architectural features from the Engineer before constructing the improvements. 303 -7 CONCRETE PAVERS 303 -7.1 General. Add to this section, "The decorative concrete pavers in the sidewalk area at Balboa Boulevard and Main Street shall be 60 millimeters thick Holland Stone gray /charcoal paves as manufactured by Olson Pavingstone, Inc. of San Juan Capistrano, California. The pavers in the sidewalk areas shall be laid in a 450 Herringbone pattern. The existing paver layout is being modified by this construction. The Contractor shall endeavor to salvage existing pavers and reuse them to create the modified layout as shown on the plans." SECTION 306 - -- UNDERGROUND CONDUIT CONSTRUCTION SECTION 306 -1 OPEN TRENCH OPERATIONS 306 -1.1.1 General. Add to this section, "If the characteristic rotten egg smell of hydrogen sulfide is noted at the site during excavation activities, measurement shall be taken to monitor concentrations. If hydrogen sulfide levels exceed 0.50 ppm for more than 15 minutes, the Contractor shall notify the Engineer and shall furnish and install industrial ventilators to reduce ambient hydrogen sulfide concentrations. The Contractor shall clean all areas and keep soil wet to prevent blowing dust." 306 -1.1.2 Maximum Length of Open Trench. In the first sentence of this section replace "500 feet' with "200 feet' as the maximum length of open trench. 306 -1.1.3 Maximum and Minimum Width of Trench. Add to this section, 'The Contractor shall endeavor to minimize the width of all trenching within the confines of Balboa Village. CNB Std -106 -1- is modified to limit trench widths to no more than 16 inches wider (8 inches clearance per side) than the outside diameter of the proposed pipe installation, unless otherwise approved by the Engineer." 306 -1.1.6 Bracing Excavations. Add to this section, 'The Contractor shall protect the integrity of all building foundations located in close proximity to trench excavations by limiting the length of open trench to no more than 2 pipe lengths at a time and /or by the use of properly designed shoring systems approved by the Engineer." • • SP39 of 41 306 -1.2.2 Pipe Laying. Add to this section, "The Contractor shall install a 10 gauge insulated tracing wire on the PVC Water Main as directed by the Engineer." 306 -1.3 Backfill and Densification 306 -1.3.1 General. Add the following to this section, "Material obtained from project excavations may be used as trench backfill material provided it has a minimum sand equivalent of 20 and /or is approved by the Engineer." SECTION 310 - -- PAINTING 310.5 PAINTING VARIOUS SURFACES 310 -5.6 PAINTING TRAFFIC STRIPING, PAVEMENT MARKINGS, AND CURB MARKINGS 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read, "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read, 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section, "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping, except crosswalks and limit lines — which shall be 0.90 mm thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of • • SP40 of 41 work shall require the Contractor to re- install "NO PARKING, TOW- AWAY' signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT Amend this section with, 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall replace within fifteen days after resurfacing all raised pavement buttons and markers." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section, "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section, "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 23, Construct 2 -Inch Thick Asphalt • SP41 of 41 Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contractors's sole expense." F: \Users \PBW\Shared\Balboa Village \CONTRACT DOCUMENTS 7-01 \Balboa Village Spedfication.doc • 0 SECTION B SPECIAL PROVISIONS TIDE GATE, OPERATORS AND CONTROLS • SPECIAL PROVISIONS SECTION B C� SPECIFICATIONS FOR TIDE GATE, OPERATORS, AND CONTROLS B.1 General The Contractor shall be responsible for furnishing all equipment, supplies, and manufactured articles and furnishing all labor, transportation and services, including fuel, power, water and essential communications, and performing all work or other operations required for the installation of the slide gates and appurtenances in strict accordance with the Contract Documents complete in place. B.2 Furnish and install one 24 -inch diameter Waterman Industries, Inc., medium duty Model P -30 ff pressure slide gate (rated for 60 feet seating head and 10 feet unseating head), with Type 316 non - rising stainless steel stem, bronze seating faces, bronze thrust nut and side wedges, Type 316 stainless steel guide rails and assembly hardware for wall mounting against grout pad, primed and coated by the manufacturer. The Contractor shall fabricate, assemble and anchor sluice gate, operator, control components, enclosures and attachments with stainless steel fasteners and anchor bolts throughout. Shop coat all non - stainless ferrous metals with a polyamide epoxy paint system, suitable for long -term exposure and long -term submergence in a saltwater environment. B.3 Contractor shall also furnish and install one Limitorque SMC /SMCT -04 series, EIM 2000 series, AUMA 5A Series, or approved equal, Electric Valve Actuator. Actuator shall include torque and limit switches, reversing starter, declutchable hand wheel, and motor heater, in a submersible NEMA GP (20 ft. for 24 hrs.) enclosure, all factory primed and coated. 120V -1 P (single phase) —60 Hz power to be provided by connection to service vault in accordance with all applicable City and manufacturer codes and requirements. Size operator to raise and lower the gate against 5 feet of seating head and 5 feet of unseating head at 9 — 15 inches per minute. All other electric controls shall be situated in a remote Type 316 stainless steel waterproof enclosure located as shown on the plans. The pedestal enclosure shall have a clear plastic stem cover and a Mylar strip type position indicator. Controls shall include (but are not limited to) open- stop -close push buttons, two open -close lights for indication of gate position, a hand -off auto selection switch to isolate the incoming process control signal from the push button controls, and a circuit breaker. E 0 0 B.4 Electrical Conduit and Wiring Contractor shall be responsible for installing all conduit and wiring to connect the control pedestal and valve actuator from the power source, as identified on the plans. All electrical work shall be installed in accordance with all applicable codes and suitable for the required service environment. B.5 Factory Representative The Contractor shall arrange for and provide for a factory representative to certify the installation, setup and operation of the slide gate, operator and controls. B.6 Guarantees The Contractor shall guarantee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing that may prove defective in workmanship and /or materials within the one (1) year period from date of acceptance, without expense whatsoever to the City, ordinary wear and tear or neglect excepted. B.8 Shop Assembly, Layout Drawings and Materials B.8.1 The Contractor shall furnish to the Engineer such working drawings, data on materials, and equipment and samples as are required for the proper control of the work, including, but not limited to, valves, value actuator, electrical equipment, and control panel enclosure. All working drawings, data and samples shall be subject to review by the Engineer for conformity with the drawings and specifications. B.8.2 Working drawings include without limitation, shop detail drawings, fabrication drawings, single line diagrams, schematic layouts, and similar classes of drawings. They shall contain all required details and information in reasonable scale. B.8.3 Data on materials and equipment include, without limitation, materials and equipment lists, catalog data sheets, cuts, performance curves, diagrams and similar descriptive lists. Materials and equipment lists shall give, for each item thereon, the name and location of the supplier or manufacturer, trade name, catalog reference, size, finish and all other pertinent data. B.8.4. The Contractor shall furnish to the Engineer for review six prints of each shop drawing. The Contractor shall properly check and correct all working drawings and data before their submission, whether they are prepared within his own organization or by a subcontractor or a supplier. The shop drawings shall be submitted at least 30 calendar days before drawings will be required for commencing the work. Within ten days of receipt of said prints, the Engineer will return three copies of each M 0 0 drawing to the Contractor with his comments noted thereon. Shop drawings submitted via a FAX machine will not be considered for review. 1. If the drawing is returned to the Contractor marked, "NO EXCEPTIONS TAKEN ", a revision of said drawing will not be required. 2. If the drawing is returned to the Contractor marked, "MAKE CORRECTIONS NOTED ", formal revision of said drawing will not be required, but the Contractor shall immediately submit two corrected copies to the Engineer. 3. If the drawing is returned to the Contractor marked, "REVISE AND RESUBMIT ", the Contractor shall revise said drawing and shall resubmit six copies of said revised drawing to the Engineer. 4. If the drawing is returned to the Contractor marked, "REJECTED ", the Contractor shall revise said drawing and shall resubmit six copies of said revised drawing to the Engineer, as in the case of an original submittal. Fabrication of an item shall not be commenced before the Engineer has reviewed shop drawings and returned copies to the Contractor without rejection or revisions. B.8.5. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the contract plans and specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from making required revisions to shop drawings. The review of said drawings by the Engineer will apply to general design only and will in no way relieve the Contractor of responsibility for errors or omissions contained therein nor will such review operate to waive or modify any provisions or requirements contained in these contract specifications or on the contract drawings. F: \Users \PBw\Shared \Balboa Village \CONTRACT DOCUMENTS 7 -01 \Section B -Tide Gate TechSpecs.doc M SECTION C SPECIAL PROVISIONS • INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING, PARKING LOT STREET LIGHTING AT VARIOUS LOCATIONS 9 0 INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING, AT VARIOUS LOCATIONS 1. GENERAL The Contractor shall furnish all tools, equipment, materials, supplies, and manufactured articles and shall perform all operations necessary to modify existing and construct additional traffic signal and street lighting facilities as shown on the drawings and as specified herein Reference Specifications and Standard Plans (1) Standard Specifications - Except as modified herein, materials and installation shall conform to the California Standard Specifications, July 1999. All references in this section to'Standard Specifications' shall be understood to be referenced to the California Standard Specifications. (2) Standard Plans - Except as modified herein, all references in this section to 'Standard Plans' shall be understood to be referenced to the California Standard Plans, July 1999. (3) Codes, Ordinances and Regulations- All electrical materials and equipment furnished and installed under this section shall conform to the referenced regulations and codes specified in Section 86 -1.02 of the Standard Specifications, and to all other ordinances and regulations of the authorities having jurisdiction. When reference is made to the Code, Safety Orders, General Orders, or Standards, reference shall be construed to mean the Code, Order or Standard in effect on the date set for receipt of bids. IL SCOPE OF WORK Description Furnishing and installing traffic signals and highway lighting systems and payment therefore shall conform to the provisions in Section 86, 'Signals and Lighting', of the Standard Specifications and the Standard Plan of the State of California, Department of Transportation, dated July 1999, and these Special Provisions. Traffic signal work is to be performed at the following locations: Palm Street and Balboa Boulevard Main Street and Balboa Boulevard C -1 0 Scheduling of Work E The Contractor may perform sub - surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment. However, such work may not begin more than 15 working days prior to scheduled delivery of the last aboveground item. Above - ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. Traffic signal standards and signal heads shall not be installed until the signal controller has been delivered to the job site. Existing street lighting shall remain in operation until new lighting is operational. No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. All striping, pavement markings, and signing shall be in place prior to signal turn -on and /or opening of street to public travel. The location of proposed striping and crosswalks shall be marked in the field for approval by the Engineer prior to installation of signal detector loops. Completion Of Work No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the Engineer the documentary proof that he has made every effort to obtain such materials from all known sources, within reasonable reach of the work, in a diligent and timely manner and further proof in the form of supplementary progress schedules, as required in Section 8 -1.04, California Standard Specifications 'Progress Schedule ", that the inability to obtain such materials when originally planned did, in fact, cause a delay in final completion of the entire work, which cold not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials ", as used in this section, shall apply only to materials, articles, parts, or equipment, which are standard items and are to be incorporated in the work. The term "shortage of materials" shall not apply to materials, parts, articles, or equipment, which are processed, made constructed, fabricated, or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. III. PAYMENT AND BILLING The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor materials, equipment and all other things necessary to complete the work in place, and no additional allowance will be made therefore. The bid items are shown on the proposal. Full compensation for all additional materials and labor, not shown on the plans or specified, C -z which are necessary to complete the installation of the various systems, or units thereof are included in the various contract bid items and no additional compensation will be allowed therefore. Payment for all concrete work necessary forthe installation of or modification of traffic signals will be considered as included in the lump sum price bid for traffic signal, and shall be considered full compensation for all labor, materials, tools, and equipment necessary to perform all the work as specified herein and on the plans, and no additional compensation will be allowed therefore. Cost for minor temporary wiring, which may be required on a day -to -day basis, shall be considered as part of the lump sum price bid for each intersection. IV. TRAFFIC CONTROL General Attention is directed to Sections 7 -1.08, "Public Convenience," 7 -1.09, "Public Safety," and 12, "Constructed Area Traffic Control Devices," of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility, as provided in said Section 7 -1.09. The Contractor shall have a traffic control plan prepared and signed by a Licensed Traffic Engineer for this project prior to commencing work. During installation, proper traffic control and safety shall be observed at all times. The 'Work Area Traffic Control Handbook' (WATCH), 1996 Edition, shall be the standard used for control of traffic in work areas. Approved delineators, warning signs and flashing arrow boards shall be used at all times and must be in good working condition at all times. The Contractor shall furnish, install, maintain, move, and remove all signs, lights, flares, barricades, and other devices for the convenience and safety of the public as required by Sections 7 -1.08, 7 -1.09, and 12 of the Standard Specifications, the plans, and these Special Provisions. The Contractor shall maintain a minimum of one lane of traffic in each direction during working hours, unless otherwise approved by the Engineer. Only one lane closure at any one time will be permitted unless otherwise approved by the Engineer. The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators, and other necessary facilities for the protection of the motoring and pedestrian public within the limits of the construction area and all its approaches, including advance signing and barricades. All temporary signing and devices shall be maintained to the satisfaction of the Engineer. Payment for Traffic Control will be considered as included in the lump sum price bid fortraffic control and shall be considered full compensation for all labor, materials, tools, and C -3 ® • equipment necessary to perform all the work as specified herein and on the plans, and no additional compensation will be allowed therefore. Notification of Public Utilities When work is to be conducted in an area which is known, or reasonably should be known to contain underground utilities and /or subsurface improvements, the Contractor shall contact Underground Service Alert of Southern California, telephone number (800) 422 -4133, at least 48 hours in advance of any construction activity, including but not limited to pavement removal, excavation and A.C. overlay, which will or could damage or affect any underground utility and /or subsurface improvement, and obtain an inquiry identification number. V. CONSTRUCTION ITEMS P.C.C. Construction Foundations Foundations shall conform to the provisions in Section 86 -2.03, "Foundations," of the Standard Specifications, these Special Provisions, and the construction plans. Portland cement concrete shall conform to Section 90 -10, "Minor Concrete," of the Standard Specifications and shall contain no less than 564 pounds of Portland cement per cubic yard. The exact location of all foundations for signal equipment and the service and controller cabinets shall be approved by the Traffic Engineer prior to the start of any excavation work. In the event that roadway and intersection modifications by others are not completed, the Contractor shall install foundations (and all other related items) at locations set back from the roadway where designated by the Engineer. The completed intersection and traffic signals shall appear as shown on the plans. The Contractor shall remove the top 1.0 feet of foundations identified to be removed or abandoned and then resurface to match the finish grade. Standards, Steel Pedestals and Posts Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. Conduit General Conduit shall conform to the provisions in Section 86 -2.05, "Conduit," "86 -2.05A Material," "86 -2.056 Use," and "86 -2.05D Expansive Fittings" of the Standard Specifications and these special provisions. All conduit sweeps on this project shall be rigid metal type C -4 0 0 Insulated bonding bushings will be required on metal conduit. All pullboxes shall be located behind the curb or at the locations shown on the plans. After conductors have been installed, the ends of conduits terminating in pullboxes and controller cabinets shall be sealed with an approved type of sealing compound Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for size hole required. Conduit shall be installed in accordance with the size and dimensions identified on the construction plans. Installation Installation of conduit shall conform to the provisions in Section 86- 2.05C, "Installation" and these Special Provisions and includes all labor, materials, tools, and equipment necessary to perform all the work as specified herein and on the plans. At locations where conduit is to be installed byjacking or drilling as provided in Section 86- 2.05C, "Installation," of the Standard Specifications, if directed by the Engineer, and if delay to any vehicle will not exceed 5 minutes, conduit may be installed by the trenching method as follows: TRENCHING INSTALLATION OF CONDUIT. Conduit shall be placed under existing pavement in a trench approximately 2 inches wider than the outside diameter of the conduit to be installed. Trench shall not exceed 6 inches in width. Conduit depth shall not exceed 18 inches or conduit trade diameter plus 10 inches, whichever is greater, except that at pullboxes the trench may be hand dug to required depth. The top of the installed conduit shall be a minimum of 12 inches below finish grade. The outline of all areas of pavement to be removed shall be cut to a minimum depth of 3 inches with an abrasive type saw or with a rock cutting excavator specifically designed forthis purpose. Cuts shall be neat and true with no shatter outside the removal area. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with 2 sack commercial quality concrete, Class C, not less than 2" below the pavement surface. The top 2" shall be tack coated and backfilled and compacted with asphalt concrete produced from commercial quality paving asphalt and aggregates. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surfacing of uniform smoothness, texture, and density. All excavations in the street for the purpose of installing electrical equipment shall be completely backfilled and compacted with a minimum of 2 inches SC -800 AC placed as a temporary cap. Temporary caps must be replaced with a permanent AC trench patch within seven (7) calendar days. The permanent AC trench patch shall be 2 inches thick, Type 3- D- AR4000; or one inch thicker than existing AC thickness, whichever is greater. This special provision is at the sole expense of the contractor and no additional compensation will be allowed. C -5 0 Pullboxes CJ Materials and installation for installation of pullboxes shall conform to the provisions in Section 86 -2.06, " Pullboxes," of the Standard Specifications and these Special Provisions. General Pullboxes shall conform to the provisions in Section 86 -2.06, " Pullboxes," of the Standard specifications, these Special Provisions, and the construction plans. New pullboxes shall be precast reinforced concrete. Recesses for suspension of ballasts will not be required. Where the sump of an existing pullbox is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Pullbox covers shall be marked "SIGNAL" or "TRAFFIC SIGNAL, or as otherwise indicated on the construction plans." Pullboxes, pullbox covers, and pullbox extensions shall be concrete, unless other wise noted on the construction plan. Installation Pullboxes shall be placed with their tops flush with surrounding finished grade. Pullboxes shall be installed on a 6" pea gravel base with grout. The pullboxes shown on the plans are minimum to be installed. The Contractor may, at his option and expense, install additional pullboxes to facilitate his work. No additional compensation will be allowed for any additional pullboxes unless requested in writing and approved by the Engineer. No pullbox shall be located in or within one foot of any wheelchair ramp. Standard plan drawing ES -8, pullbox details. Note 4 -a.5 and b.10 shall not apply to this project. Conductors and Wiring General Conductors and wiring shall conform to the provisions in Section 86 -2.08, "Conductors," and Section 86 -2.09, "Wiring," of the Standard Specifications and these Special Provisions. C-6 0 0 Conductors shall be spliced by the use of 'C'-shaped compression connectors, as shown on the plans. Splices shall be insulated by Method B. Subparagraph 5, of the first paragraph of Section 862.09D, 'Splicing', of the Standard Specifications is deleted. Bonding and Grounding Grounding jumper shall be attached by a 3/16 inch, or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pullbox. Grounding jumper shall be visible after cap has been poured on foundation. Signal Faces and Signal Heads All red indications, except in P.V. heads, shall be LED units and shall meet the current State of California Department of Transportation (CALTRANS) Specifications. Signal section housings shall be Polycarbonate (plastic) type. The Contractor shall furnish and install 12" red LED ball and arrow lenses assemblies. New heads shall be furnished with the red LED units installed. Kits shall be furnished and installed where retrofitting existing signal heads is noted on the plans. . All non - programmed lenses shall be glass with aluminum reflectors except LED heads. All lamps for traffic signal units (including programmed visibility type) shall be furnished by the Contractor. Pedestrian Signals General Pedestrian signals shall conform to the provisions in Section 86 -4.05, "Pedestrian Signal Faces," of the Standard Specifications and these Special Provisions. Pedestrian signals shall be Type 'C' with the Z -crate type screen and constructed of Polycarbonate (plastic) per Sections 86 -406A, B, and C. Detectors Loop detector sensor units will be Type 'B' (2 or 4 channel). Loop wire shall be Type 1. Lead -in wire cable shall be Type B. The Contractor shall test the detectors with motor - driven cycle, as defined in the California Ca 0 0 Vehicle Code that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor- driven cycle through the response or detection area of the detector at not less than 3 miles per hour, nor more than 7 miles per hour. The number of sensor units and lead -in cables required to achieve the specified detection shall be installed. Detector rack and cabinet wiring to be modified by a representative of US Traffic Corporation Intersection Development. Pedestrian Push Buttons Pedestrian push button signs, for push button assemblies to be installed on pedestrian push button posts shall be 5" x 7 -1/2 ". All other pedestrian push button signs shall be 9" x 12" and shall not extend beyond the mounting framework. Push button assemblies shall complywith ADA requirements (Federal Register/Vol. 59, No. 117, Section 14.2.5). Emergency Vehicle Pre - Emption Equipment Model 754, phase selector units and Model 760 rack, as manufactured by 3M Company, shall be furnished and installed in the new or existing controller cabinet. Model 722 Optical Detector units, as manufactured by 3M Company, shall be furnished by the Contractor and installed at locations indicated on the plans. Model 138 Optical Detector Cable, as manufactured by 3M Company, shall be furnished and installed by the Contractor. If non -3M Company Equipment shall be proposed, the equipment shall be capable of logging up to 100 events, including user classification, vehicle identification number from among up to 20,000 vehicles, time of priority, elapsed time in priority phase, direction of priority phase, and total duration of priority. The equipment shall be fully compatible and interchangeable with 3M hardware indicated above. The event log shall be retrievable using PC software and hardware intended for use with 3M Model 722 Optical detector units. Equipment shall be tested by a representative of the manufacturer at date of turn on. Parking Control System A complete functioning Amano Cincinnati Inc. ACI -ETP Series Ticket Dispenser system shall be furnished and installed at the location shown on the plans in accordance with these special provisions and construction plans. C: 0 0 The ETP system shall include the ModeIETP -10120 ticket dispenser and AGP -1700 parking gates as shown on the construction plans and all labor, materials, tools, equipment, and incidentals, to provide a complete and functioning system. VI. TRAFFIC STRIPES, PAVEMENT MARKINGS, AND RAISED PAVEMENT MARKERS The Contractor shall furnish and apply traffic stripes and pavement markings at locations shown on the plans or where directed by the Engineer. Placement of striping and markings shall conform to the requirements of Sections 310 and 312 of the Green Book and these Special Provisions. Remove Traffic Stripes and Pavement Markings Traffic stripes and pavement markings shall be removed from the existing pavement as shown on the plans or as directed by the Engineer. Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by wet sand blasting or any other method that does not materially damage the surface or texture of the pavement or surfacing. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic pattern and before painting new stripes and markings. Where blast cleaning is used for the removal of traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue, including, dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. C -9 Contractor will not be required to use a vacuum attachment under the following conditions: When approved by the Engineer. 2. When the blasting sand will be confined by mechanical means to small areas. 3. When a sweeper (preferably a vacuum -type) will immediately follow the blasting operation or when traffic can be safely routed around the sand until it is swept up. Painting Various Surfaces Preparation of Existing Surfaces. Modify and amend this section to read, 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." Layout, Alignment, and Spotting. Modify and amend this section to read, "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." Application of Paint. Add to this section, "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601 A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, C -10 0 0 temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Pavement Marker Placement And Removal Placement. Amend this section with, The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry. VII. TRAFFIC SIGNING General Requirements All details and dimensions for traffic signs and the installation thereof shall conform to the California Department of Transportation Traffic Sign Specifications and Traffic Manual, and these following Special Provisions. Any sign delivered under this contract which does not conform to these specifications and Special Provisions shall be replaced by the Contractor at no cost to the City. This will include the cost of removal and replacement of these signs by City forces. The reflectivity of all signs shall be high intensity grade except "NO PARKING" signs shall be engineering grade unless specified by the Engineer. All signs shall be high intensity, reflectorized. Materials shall be certified as meeting all applicable State Specifications. Any chipping or bending of sign panels shall be considered as sufficient cause to require replacement of panels at the Contractor's expense. Signs shall be mounted on streetlights where possible. All signs not mounted on street lights shall be attached on a new post. VIII. MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 AM and 3:30 PM. The Contractor shall place 'STOP AHEAD' and 'STOP' signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. Temporary'STOP AHEAD' and 'STOP' signs shall be either covered or removed when the system is turned on. 'STOP AHEAD' and 'STOP' signs shall be furnished by the Contractor and shall conform to the provisions in Section 12- 3.06'Construction Area Signs; of the Standard Specifications, C -11 0 0 except that the base material for the signs shall not be plywood One'STOP AHEAD' and'STOP' sign shall be placed for each direction of traffic. Location of the signs shall be as directed by the Engineer. All existing signal indications, pedestrian push buttons, detectors, and control equipment shall be maintained in operation, except during shutdown hours as specified above. Existing luminaries that are to be removed shall remain in operation until the replacement luminaire is installed and operating. Cost for minor temporary wiring, which may be required on a day -to -day basis, shall be considered as part of the lump sum price bid for each location. IX. REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT Hauling and stockpiling of salvaged material off the right -of -way, as directed by the Engineer, shall be included in the lump -sum price for signal construction. C -12 0 0 INSTALLATION OF STREET AND PARKING LOT LIGHTING SCOPE OF WORK The work to be done underthis contract consists of removing and replacing existing series street lighting systems with multiple systems, and installing new street light standards complete per Plans. PUBLIC CONVENIENCE AND TRAFFIC CONTROL Traffic Control During construction, traffic control and safety shall be observed at all times. The contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) published by Building News, Inc. The Contractor is advised to contact and obtain permission from the adjacent property owner(s) to use private parking for his equipment and vehicles. Any costs in obtaining this permission and performing traffic control shall be considered as part of the unit bid prices of the various work items listed. III. REPLACEMENT OF SERIES CIRCUITS Existing series circuit (Phase II) is to be replaced with 240 volt multiple systems. Existing series circuit maps will be made available to the Contractor performing the work. Existing street light standards are to be removed and replaced, except as noted or shown on the plans, with concrete standards. New luminaires, as noted on the plans, are to be installed on existing standards where indicated. A new pullbox is to be constructed within 5 feet of the street light standard base complete with a double fuseholder. New conduit shall be installed from pullboxes to be pole standard. The replacement of the existing systems shall be accomplished in phases so that the number of lights out of service at any one time will be minimized. In no event shall any portion of a system be out of service for more than seven (7) consecutive days. The Contractor shall submit a construction plan showing the phases of the replacements, and the estimated number and length of outages. The plan shall be approved by the Engineer prior to the Contractor starting work. IV. CONCRETE STREET LIGHT STANDARDS Concrete street light standards shall be the style shown on Detail "A" on sheet 63 of the construction plans, with fluted tapered shafts, and access panel in the base, and an 8 -inch globe fitter ring or per City of Newport Beach Standard 201 -L as noted on plan. V. LUMINAIRES Post -top acorn globes shall be U.V. stabilized polycarbonate with prismatic refracted globes. Post -top globe assemblies, complete, shall be Sequoia Lighting System II numbers SLPT 302D- 05- S- 2 -H -1 -P -2BX (50 watt) and SLPT 302D- 10- S- 2 -H -1 -P -2BX (100 watt). C -13 0 0 Luminaires and photocells for bracket arms shall be per City of Newport Beach Standard 201 -L. Orientation of luminaires shall be as directed by the Engineer. VI. PULLBOXES Pullbox covers shall be marked "street light" New pullboxes shall be per City of Newport Beach Standard Plans 204 -L and 205 -L. Pullbox and pullbox covers shall be concrete unless otherwise noted on plans. Pullboxes identified as traffic bearing shall be installed per City of Newport Beach Standard Plans 204 -L and 205 -L. Pullbox covers for traffic bearing locations shall be Armorcast (AC001922SORT, w / "Electric ") composite. VII. FUSEHOLDERS Double fuseholders shall be installed in the pullbox. The fuseholders shall be furnished with fuses appropriate to the connected lamp wattage. The fuseholders shall be Tron #HEX -AA or equal installed per City Standard Plan 205 -L and approved by the Engineer. All splicing of wiring shall be C -TAP method, as per Thomas & Betts, installed with manufactures approved tools. VIII. CONDUIT AND CONDUCTORS Conduit shall be installed in the locations shown on the plans either by open trench or boring methods. Unless otherwise shown, the conduit shall be installed behind the curb in accordance with City Standard Plan 101 -L. All underground conduit shall be 1 -1/4 or 1 -1/2 inch diameter Schedule 40 PVC (except as indicated on the plans). Care shall be taken to avoid damage to the conduit during installation. A. Conductors Insulated conductors shall be stranded copper conforming the AWG wire size shown on the drawings. The insulation of each conductor shall be a different solid color. The conductor color codes shall be indicated on the construction plans without duplication in any conduit run concurrent with additional circuits. Existing color codes shall be matched. White and gray colors are not allowed. The bare ground wire shall be solid bare 'copper, No. 8 AWG. B. Jacking of PVC Conduit C -14 ! • PVC conduit shall not be used for drilling or jacking unless a hole larger than the conduit is pre - drilled and the conduit is installed by hand C. Trenching of PVC Conduit When PVC conduit is placed in a trench, after the bedding material is placed and conduit is installed, the trench shall be backfilled with select material and compacted to not less than 90 percent relative compaction. IX. PROTECTION AND REPLACEMENT OF IMPROVEMENTS The Contractor shall protect all existing improvements, including landscaping. If any existing improvements are damaged, or it is necessary to remove them to allow for the installation of the new facilities, they shall be replaced in kind. Existing landscaping may be trimmed or pruned to allow access to existing pole foundations. Trimming or pruning shall be done carefully so as to minimize damage to the remainder of the plant, shrub, or tree. When sidewalk is removed it shall be sawcut and replaced to score lines or joints. The finish and color of the replaced sidewalk shall match the existing. The Contractor shall relocate, repair, replace, or re- establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalk, driveway, fences, wall, sprinkler systems, signs, utility installation, pavements, structures, etc) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re- establishing existing improvements shall be included in the amount bid for each item. Any existing street light foundations to be reused shall not be damaged during removal of existing poles. Damaged foundations shall be completely removed and reconstructed per the details on the plans. X. SALVAGE The following material shall be salvaged: 1. All porcelain lamp bases, sockets, luminaires, and cast iron globe holder. 2. Street light standards, unless otherwise determined by the Engineer. Items deemed unsuitable for salvage by the Contractor shall be reported to the Engineer prior to removal. C -15 0 The Contractor shall deliver all salvaged material to the City's Utilities Yard at 949 West 16th Street. The Contractor shall be responsible for protecting all salvaged material against damage until it is delivered at the City Yard. The Contractor shall provide at least 24 hours advance notice of intent to deliver salvaged materials. XI. CONSTRUCTION DETAILS A. Removals Existing PCC and AC improvements shall be sawcut a minimum of 2- inches deep prior to removal. Final removal at the sawcut lines using equipment such as hard -blow pavement breakers and /or stompers shall not be allowed. Should the Contractor damage the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at the Contractor's sole expense. Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to cognizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for that item of work. Adjacent Improvements. The Contractor shall be responsible forthe protection of public and private improvements adjacent to the work. Any salvageable bricks removed shall be neatly stacked on the owner's property. Additionally, the Contractor shall use appropriate construction methods and equipment to assure the protection of existing landscape, driveways, and parkway treatments immediately adjacent to the existing curb. If, during construction, damage occurs to said landscape, driveways or parkways, the Contractor shall be responsible for restoring same to its condition prior to construction. The Contractor may anticipate a certain amount of interfering parkway sprinkler pipe breakage associated with sidewalk and curb and gutter replacement. In anticipation of sprinkler breakage, the Contractor shall notify the respective property owner, in advance, a minimum of 2- working days prior to excavation to locate the sprinkler's on /off valve and to make arrangement for testing /approving the repairs. Such breakage shall be repaired, restored, and backfill to 90 percent compaction by the Contractor, 72 hours after breakage as an incidental item of work. 3. The Contractor shall remove all unstable subgrade. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the Engineer. B. PCC Replacement The Contractor shall grade, form, and finish all PCC replacements to match the appearance of the adjoining PCC improvements. In addition, the Contractor shall C -16 0 • remove and dispose of all AC /PCC patches and ramps upon sidewalk panels adjoining those sidewalk panels which are to be reconstructed. 1. Sidewalk and curb access ramps shall be opened to pedestrian use on the day following concrete placement. In addition, all forms shall be removed, sprinklers shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 2. PCC replacements subject to vehicle loads (e.g., cross gutters and curb and gutter along driveways) shall not be opened to vehicle loads until the concrete has cured to minimum strength of 2,000 psi. 3. The Contractor shall install root barrier adjacent to reconstructed root damaged PCC sidewalk. The root barrier shall be Root Booster, Shawton Industries (or approved equal) SM 12 by 20 panels to be installed adjacent to the curb and gutter and sidewalk replacement, respectively. A minimum of 6 lineal feet of root barrier shall be installed adjacent to each tree damaged curb and gutter replacement. Root barriers shall be installed per manufacture's recommendations. Payment for installing root barriers shall be included in other items of work. XII AS -BUILT PRINTS The Contractor is required to submit to accepting the installation. The prints shat plans, such as: location of poles, pull conductors, and other appurtenant work. XIII GUARANTEE the Engineer "As- Built' prints prior to the City I indicate, in red, all deviations form the contract boxes and runs, depths of conduit, number of The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that become evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these Specifications, any part of the work which, during the one (1) year period, is found to be deficient with respect to any provisions of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. XIV PAYMENT The unit or lump -sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefore. The bid items are shown on the proposal. Payment for all necessary work and material for relocation of existing signs or existing street C -17 0 0 lights shall be included in the unit price for removal and relocation of signs and no additional allowance will be made therefore. Payment for concrete work for street lighting installations shall be included in the various bid items shown for street lighting and shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefore. All materials deemed "equal' shall be submitted to the City at the pre - construction meeting for approval. FAUsersTBW\Shared \Balboa Village \CONTRACT DOCUMENTS 7 -01 \Section C - Lighting- Traffic Signal - New.doc C -18 SPECIAL PROVISIONS SECTION D SECTION 201 - -- CONCRETE, MORTAR, and RELATED MATERIALS Add the following subsection to Section 201 of the SSPWC: 201 -8 CONCRETE SITE FURNITURE 201 -8.1 General. Contractor shall provide all labor, materials, tools, equipment, and incidentals to furnish, assemble and install concrete and glasscrete site furniture as indicated on the drawings including but not limited to excavation and backfilling, fine grading, footings, painting, and related appurtenances. 201.8 -2 Submittals. At least thirty (30) days prior to installation, Contractor shall submit shop drawings or manufacturer's cut sheets to the Engineer in triplicate. One (1) set will be returned to the Contractor. SECTION 206 - -- MISCELLANEOUS METAL ITEMS Add the following subsection to Section 206 of the SSPWC: 206 -7 METAL SITE FURNITURE 206 -7.1 General. Contractor shall provide all labor, materials, tools, equipment, and incidentals to furnish, assemble and install metal site furniture as indicated on the drawings including but not limited to excavation and backfilling, fine grading, footings, painting, and related appurtenances. 206.7 -2 Submittals. At least thirty (30) days prior to installation, Contractor shall submit shop drawings or manufacturer's cut sheets to the Engineer in triplicate. One (1) set will be returned to the Contractor. SECTION 212 - -- LANDSCAPE and IRRIGATION MATERIALS Delete paragraph 212 -1.1.3 Class "B" topsoil of the SSPWC. Delete paragraph 212 -1.1.4 Class "C" topsoil of the SSPWC. Delete paragraph 212 -1.2.2 Manure of the SSPWC. Add the following paragraphs to Section 212 -1.2.3 Commercial Fertilizer of the SSPWC: D -1 0 0 (b) Fertilizers shall comply with applicable requirements of the State Agricultural Code and shall be packaged, first grade, commercial quality products identified as to source, type of material, weight and manufacturer's guaranteed analysis. Fertilizers shall not contain toxic ingredients in quantities harmful to human, animal, or plant life. (c) When requested, Contractor shall furnish the Engineer with a Certificate of Compliance stating that the material substantially meets the specifications. Delete all paragraphs under Section 212 -1.2.5 Mulch of the SSPWC except (a) Type I Mulch (ground wood product). Delete paragraphs in Section 212 -1.3 Seed of the SSPWC. Add the following paragraphs to Section 212 -1.4.1 General of the SSPWC: (d) Plant material shall be in accordance with the State Department of Agriculture's regulations for nursery inspections, rules and grading. All plants shall be of No. 1 Grade and have a normal habit of growth, and shall be sound, healthy, vigorous and free of insect infestations, plat diseases, sun scalds, fresh bark abrasions or other objectionable disfigurements. All plants shall have a normal, well - developed branch system and vigorous and fibrous root system which are not pot bound and are free of kinked or girdling roots. (e) Nursery grown stock shall be selected from high quality, well- shaped stock, grown under climatic conditions similar to those in the project locale. Minimum acceptable size of plants specified shall correspond with that normally expected for the species and variety of commercially available nursery stock. Caliper shall be the diameter of the trunk one foot (1') above the ground surface and shall be the determining measurement for trees when indicated. (f) Oversize plants may be used if not root bound, but shall not increase the Contract price. Up to ten percent (10 %) of undersize plants in any one (1) variety and grade may be used; provided they are larger than the average size of the next smaller grade. (g) Scientific and common names conform to customary nursery usage. (h) Types, sizes and quantities of plant materials shall be indicated on the drawings. The plant list shown on the drawings shall be used as a guide only. Contractor shall verify quantities by plan check. (i) Contractor shall provide labor and materials to install trees as provided by the City and as indicated on the drawings. Q) The Engineer reserves the right to refuse or reject any unsuitable plant material. Unsuitable plants shall be removed from the project site and replaced at the IM 0 Contractor's expense. New plants shall be the same species, variety, size and condition as specified. (k) Pruning of plant materials shall not be done prior to delivery. After planting, as directed by the Engineer, pruning shall be limited to the minimum necessary to remove injured twigs and branches, deadwood and suckers. (1) Plant material specified is subject to substitution based upon availability. Substituted materials shall be approved in advance by the Engineer and shall conform to the requirements of those originally specified and be supplied by the Contractor. Replace Section 212 -1.4.5 Sod and Stolons of the SSPWC with the following: (a) Sod shall be grown from high quality propagative material, free from weeds, diseases, and insects, and shall be in accordance with the standards for regulation for nursery inspection of the applicable State of the project. (b) Sod shall be machine cut at a uniform thickness of five - eighths of an inch (5/8 ") (excluding top growth and thatch). Individual pieces shall be cut to the supplier's standard width and length with an allowable deviation of two percent (2 %). Broken rolls or uneven ends will not be acceptable. (c) Sod shall be harvested, delivered and installed within a twenty -four (24) hour period. (d) Contractor shall furnish the Engineer with delivery receipts and a Certificate of Compliance stating that the material substantially meets the specifications. Add the following subsection to Section 212 -1.4 Plants of the SSPWC: 212 -1.4.7 Palms (a) Palm trunk condition shall be free of any scarring or blemishes. (b) Contractor shall remove dead fronds and skin the entire trunk clean to the height of the green fronds. Majority of green fronds shall be removed, leave ten (10) to fifteen (15) at the apex. Remaining fronds shall have thirty to fifty percent (30 % -50 %) of the length cut off and shall be lifted up and tied together in two (2) locations in an upright position with cotton rope of cord of not less than one - quarter inch (114 "). Wire will not be permitted. (c) "Pineapple" shall be formed to the satisfaction of the Engineer. Wrap fronds in burlap and keep moist. (d) Pruning shall be done with sterilized reciprocal saws. Chain saws will not be allowed. Saw blades shall be sterilized before and between pruning each frond by D -3 9 • immersing the blade in a solution of fifty percent (50 %) household bleach and fifty percent (50 %) domestic water for five (5) minutes. Solution shall be kept up to strength by the regular addition of more bleach. (e) Defronding and tying shall be completed prior to digging the root ball. (f) Rootball size shall be based upon a 5:1 ratio of brown trunk to rootball diameter. (g) Excavation shall extend below the major root system to minimum depth of four feet (4'). The bottom of the rootball shall be cut off square and perpendicular to the trunk below the major root system. (h) No excavation shall be done closer than twenty -four inches (24 ") to the trunk at the ground level. (i) Rootball shall be wrapped in burlap and kept moist during travel to project site. Delete paragraph 212 -1.5.2 Headers and Stakes of the SSPWC. SECTION 303 - -- CONCRETE and MASONRY CONSTRUCTION Add the following subsection to Section 303 of the SSPWC: 303-8 CONCRETE SITE FURNITURE 303 -8.1 Installation (a) Contractor shall install all concrete site furniture in accordance with the manufacturer's recommendations for each item of work and as indicated on the drawings. (b) Staked locations for concrete site furniture shall be approved by the Engineer prior to digging for footings or installation. (c) Portions of wood posts which are to be embedded in earth or concrete shall be brushed before installation with two (2) coats of a non -toxic ceramic coal tar composition which has a rust inhibiting chemical in a water base of homogeneous consistency as approved by the Engineer. Applications which shall extend one inch (1 ") above finish grade. Spraying will not be permitted. (d) Metal components, connections and fastenings shall be free of any burrs or sharp points and edges. ME 0 0 (e) Method of repair damaged finished surfaces shall be as approved by the Engineer and shall match the original finish. SECTION 304 -- -METAL FABRICATION and CONSTRUCTION Add the following subsection to Section 303 of the SSPWC: 304 -5 METAL SITE FURNITURE 304 -5.1 Installation (a) Contractor shall install all metal site furniture in accordance with the manufacturer's recommendations for each item of work and as indicated on the drawings. (b) Staked locations for metal site furniture shall be approved by the Engineer prior to digging for footings or installation. (c) Metal components, connections and fastenings shall be free of any burrs or sharp points and edges. (d) Method of repair damaged finished surfaces shall be as approved by the Engineer and shall match the original finish. SECTION 308 - -- LANDSCAPING and IRRIGATION MATERIALS Add the following subsection to Section 308 -1 General of the SSPWC: 308 -1.1 Samples. (a) Samples of fertilizers, organic amendment, and soil conditioners shall be submitted to the Engineer for inspection two (2) weeks prior to incorporation in the work. (b) When requested, Contractor shall furnish the Engineer with a delivery receipt and Certificate of Compliance stating that the material substantially meets the specifications. 308 -1.2 Existing Plant Material. Existing plant material to remain and be protected shall be tagged on site during a site walk with Engineer. 308 -1.3 Boxing and Relocating Existing Plant Material (a) Existing plant material to be boxed (or burlaped in the case of palms) shall be tagged on site during a site walk with Engineer. 0 0 (b) Contractor shall perform any necessary or required pruning work on existing plants in accordance with the International Society of Arboriculture Western Chapter's Pruning Standards and ANSI Z133.3 as directed by the Engineer. Dead wood larger than one -half inch (112 ") in diameter, branches extending over the paved areas and which hang within eighteen feet (18') of finish surface and diseased branches shall be removed. Stubs, improper cuts, and broken limbs shall also be removed. Pruning efforts shall give the plant proper shape and a balanced appearance. "Headback" cuts at right angles to the line of growth shall not be permitted. Trees shall not be poled or the leader removed, nor shall the leader be pruned or "topped off'. Wounds shall be cleaned and left open to the elements to heal naturally. (c) Salvaged materials to be relocated shall be stored on site in a location as designated by the Engineer and properly maintained until time for re- planting in their new locations as indicated on the drawings. The Engineer will designate specific locations for replanting. Excess tree not designated for replanting shall become the property of the Contractor and removed from the worksite. Add the following to Section 308 -2.2 Trench Excavation and Backfill of the SSPWC: 308 -2.2.2 Soil Preparation for Sod Areas (a) The following amendments, or approved equal, shall be mechanically spread and uniformly cultivated into the upper six inches (6 ") per 1,000 square feet of soil by suitable equipment operated at approximately right angles in at least two (2) directions: 4 CY Nitrogen stabilized organic amendment 150 LBS Gro -Power Plus 100 LBS Agricultural gypsum (b) Materials shall be spread at a uniform rate. Quantities of materials shall be verified by delivery tickets furnished to the Engineer, before spreading and after delivery to the site. (c) Resulting soil shall be clean, in a friable condition and suitable for planting. 308 -2.2.3 General Backfill (a) The following amendments or approved equal, shall be incorporated as backfill for general planting: 6 parts by volume 4 parts by volume 17 LBS per CY of mix 1 LB per CY of mix 10 LBS per CY of mix On -site soil Nitrogen stabilized organic amendment Gro -Power Plus Iron sulfate Agricultural gypsum N: 0 0 (b) Backfill shall be machine -mixed and approved by the Engineer prior to incorporation in planting pits. 308 -2.2.4 Backfill for Palms. Backfill for palms should be 100% washed plaster sand. For each cubic yard of sand, blend two (2) pounds of commercial palm fertilizer prior to placement in planting hole, such as Lutz Palm Tree Spikes (phone no. 815 -732- 2383). Add the following subsection to Section 308 -2 Earthwork and Topsoil Placement of the SSPWC: 3084.5 Weed Abatement (a) Contractor shall operate the irrigation system to keep planting areas uniformly moist for a period of two (2) weeks (14 calendar days). At the end of the two (2) week period, Contractor shall spray all visible weeds with an approved non- selective, post emergent herbicide per Engineers approval. Application rate and method shall be as recommended by the manufacturer. After spraying, planting areas shall remain unwatered for a minimum of forty -eight (48) hours. Application shall meet all County and State laws and regulations. (b) After fourteen (14) calendar days from the chemical application, weeds and debris shall be disposed of off site. (c) Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjoining property and preventing any toxic exposure to persons whether or not they are in or near the project. (d) After weed abatement operations, and as determined by the Engineer, planting areas shall be scarified to a depth not to exceed one inch (1 ") in sodded areas and two inches (2 ") for ground cover areas. Engineer shall approve weed abatement operations prior to planting. Add the following paragraphs to Section 308 -4.1 General of the SSPWC: (e) Plant material shall be delivered with legible identification labels, handled and stored adequately to maintain a healthy condition, protecting them from drying out, windburn or any other injury. Container plant material shall not be picked up by stems or trunks. (f) Inspection of plant materials required by City, County, State or Federal authorities shall be the responsibility of the Contractor. Secure permits or certificates prior to delivery of plants to project site. When requested, Contractor shall furnish Engineer with copies of such permits and certificates. D -7 0 0 308 -4.1.2 Storage of Palms (a) Contractor shall not free -fall, drag, roll, or abuse the palm or put a strain on the crown at any time. A protective device shall be used around the trunk of the palm while lifting. (b) Rootball shall not be left exposed to direct sunlight or air. (c) Should palms not be planted the day they arrive, Contractor shall protect the crowns and rootballs from the sun and reflected heat from the ground. (d) Palms shall be laid in a single layer on a flat surface. Avoid storing on concrete or asphaltic concrete surface. (e) Covering material shall be equivalent to a 90% shade cloth or burlap. Plastic or rubberized tarpaulins shall not be permitted. (f) In no case shall palms be stored for more than forty -eight (48) hours. Replace Section 308 -4.6 Plant Staking and Guying of the SSPWC with the following: Stake trees at time of planting with Reddy Stake, or approved equal, as indicated in the details on the drawings. Delete Section 308 -4.8.2 Seed of the SSPWC. Delete Section 308 -4.8.4 Stolon of the SSPWC. Delete Section 308 -4.9 Erosion Control Planting of the SSPWC. Add the following to Section 308.4 Planting of the SSPWC: 308 -4.10 Palm Installation (a) Palms shall be planted when weather and soil conditions are suitable in accordance with accepted arboricultural practices, preferably between mid April and mid June. (b) Top of the rootball shall have the same elevation to adjacent grades that it had in the original growing field. (c) Root growth stimulant shall be equally distributed around the rootball and waterjetted into the backfill when the backfilling is between one -half (1/2) and two- thirds (213) up the rootball. Stimulant shall be Vitamin B -1 as manufactured by Cal- liquid, M 0 9 Cooke, Chican or Ortho. Application rate shall be as recommended by the manufacturer. (d) The manila strings tying the palm fronds shall be cut forty -five (45) to sixty (60) calendar days after planting during the summer months and ninety (90) calendar days during the winter months. (e) Contractor shall not trim palms for thirty (30) calendar days after untying. 308 -4.11 Guarantee (a) Contractor shall guarantee in writing the work and plant materials for one (1) year after installation and acceptance by Engineer based upon a mutually agreed upon date. (b) Replacement plant material shall be of the same species, variety, size and condition as indicated on the drawings and specified herein. (c) Thirty (30) day Plant Establishment Period and sixty (60) day Post - Installation Maintenance Period shall be in accordance with Section 308 -6, Maintenance and Plant Establishment, of the latest edition of the SSPWC. 0 0 SPECIAL PROVISIONS SECTION E ADDENDUM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2000 EDITION) FOR IRRIGATION SPECIFICATIONS PART TWO —CONSTRUCTION MATERIALS SECTION 212 — 2 IRRIGATION MATERIALS 212 -2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings. Replace the first sentence in the second paragraph with the following: "Schedule 40 pipe shall be used for installation on the discharge side of the control valves. Schedule 40 pipe shall be used for installation on the pressurized supply line of the control valves when the pipe size is (1 1/4 inch) or less. Class 315 pipe shall be used for installation on the pressurized supply side of the control valves when the pipe size is 50mm (11/2 inch) or greater Piping shall conform to ASTM D2241. Valves shall be restrained when static line pressure exceed 80 PSI." The following paragraphs shall be added at the end of the subsection: "All PVC pipe must bear the following markings: 1. Manufacturer's name 2. Nominal pipe size 3. Schedule or class 4. Pressure rating in P.S.I. 5. NSF (National Sanitation Foundation) approval 6. Date extrusion 7. U.P.C. shield logo (IAPMO approval) All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type recommended by the manufacturer, and shall follow installation methods prescribed by the pipe manufacturer." 212 -2.2.2 Gate Valves. Replace section title with "Ball Valve." The text of this subsection shall be deleted and replaced with the following: "All valves shall be as identified on Construction Documents and per City review and approval." E -1 E 212 -2.2.4 Remote Control Valves. Add the following after paragraph number one: "Remote control valve manufacturer and sizes shall be as indicated in plans and legend." 212 -2.2.6 Quick Coupling Valves and Assemblies Replace the words, "19mm (314 ")" in the first sentence of the first paragraph with "25mm (1- inch)". 212 -2.2.7 Valve Boxes Replace all text in this section with the following: "Valve boxes shall be fabricated from a durable, weather- resistant plastic material resistant to sunlight and chemical action of soils. The valve box cover shall be secured with a hidden latch mechanism or bolts. The cover and box shall be capable of sustaining a load of 1,500 pounds. Valve box extensions shall be by the same manufacturer as the valve box. Automatic control valve boxes shall be 18 "x12 "x12" rectangular size. Valve box covers shall be marked "RCV" with the valve identification number "heat branded" onto the cover in 2 inch high letters / numbers. Gate valve and quick coupler valve boxes shall be 10" circular size. Valve box covers shall be marked with either "BV" or "QCV" "heat branded" onto the cover in 2 inch high letters." Add the following new sub - section. 212 -2.2.8 Master Control Valves "The master control valve manufacturer and size shall be as indicated on plan and legend." 212 -2.4 Sprinkler Equipment The text of this subsection shall be deleted and replaced with the following: "Irrigation bodies and nozzles shall be as indicated on plan and legend. Substitutions shall not be allowed unless by written authorization from the City Inspector. Irrigation bodies and nozzles shall feature low head drainage, pressure regulating and pressure compensating features. Unless otherwise approved, all pop -ups and fixed riser assemblies shall consist of plastic and stainless steel materials. Smaller radii turf irrigation equipment shall consist of 6 pop -ups. All smaller radii shrub and groundcover irrigation equipment shall consist of 12 pop -ups, unless otherwise approved by the City. Smaller radii equipment are those components which irrigate within and under a radius of 22 feet." E -2 SECTION 212 -3 ELECTRICAL MATERIALS 212 -3.2.1 Conduit Replace all text in this section with the following: "Conduit and sweeps shall be Schedule 40 PVC, gray in color and specifically manufactured for use as electrical installation. The conduits shall be sized twice the diameter of the wire bundle to be carried within. All ends of conduit in valve and pull boxes shall be sealed using a waterproof material that can be easily removed from the conduit openings for the purpose of pulling wire through the conduit." 212 -3.2.2 Conductors Add the following sentences to this section: "Low voltage control wires shall have a single solid copper conductor with colored PVC coating. The pilot control wires shall be color coded a specific color per controller and the common wires color coded white with a strip matching the color of the pilot wires. The electrical system shall be installed in accordance with the National Electrical Code most recently adopted by the City. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -U.F. 600 volt. Pilot wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacture's specifications and wire chart. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Install wires inside Schedule 40 Conduit anywhere it is not possible to place in pipe trench, or where wires must go under pavement. Conduit size shall be large enough to contain all necessary wires. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet. An expansion curl should be provided within three (3) feet of each wire connection and at least every one hundred (100) feet of wire length on runs more than one hundred (100) feet in length and also at each change of direction. Expansion curls shall be formed by wrapping at least five (5) ruins of wire around a one -inch diameter pipe, then withdrawing the pipe. All splices shall be made with Pen -Tite wire connector, or approved equal. Use one splice per connector sealing pack. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City." 212 -3.3 Controller Unit Add the words, "16 gauge stainless steel" between the words, "weatherproof' and "enclosure" in third sentence of the section. Add the following sentence to this section: "Additional control system equipment such as flow meters, rain sensors and moisture sensors shall be of the types and sizes shown on the Plans." E -3 PART THREE — CONSTRUCTION METHODS SECTION 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 308 -2.2 Trench Excavation and Backfill Replace the text in "2)" with the following: "Mainlines 64mm (4 ") and smaller— 914mm (36 inches) under paving and roadways." Replace the text in "3)" with the following: "Lateral sprinkler lines for spray systems — 300mm (12 inches) ((914mm (36 inches) under paving (914mm (36 inches) under roadways." SECTION 308 - 5 IRRIGATION SYSTEM INSTALLATION 308 -5 -1 General. The following paragraphs shall be added after paragraph three: "Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which maybe required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between planting and architectural features, etc. All work called for in the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the irrigation contractor shall assume fill responsibility for any revisions necessary and shall perform such at his own expense." The following paragraph shall be added at the end of the subsection: "Temporary Repairs. The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified." 308 -5.2.1 General. The following sentences shall be added at the end of paragraph four: "A minimum of twelve (12) inches clearance shall be maintained between irrigation pipelines and non - irrigation pipelines /conduits." E -4 F The following paragraphs shall be added at the end of the subsection: "PVC Sleeves shall be required under areas where all hardscape materials shall be installed. Sleeving shall be done per detail on Project Plans." 308 -5.2.3 Plastic Pipeline Replace the third paragraph with the following: "All solvent welding of PVC pipe and fittings shall be a two step process, using primer and solvent cement applied per the manufacturer's recommendations. Cement shall be of a fluid consistency, not gel -like or ropy. Solvent cementing shall be in conformance with ASTM D2564 and ASTM D2855." Replace the seventh paragraph with the following: "No contractor thread cutting of Schedule 80 PVC fittings shall be allowed. All Schedule 80 nipples and risers shall have manufacturer molded threads." The following shall be added to the end of paragraph one, "PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. Light wrench pressure is all that is required." The following paragraph shall be added following paragraph four: "Handling of PVC Pipe and Fittings. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe are to lie flat and not to be subjected to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping. Pipe and fittings shall not be stored in direct sunlight." 308 -5.3 Installation of Valves, Valve Boxes, and Special Equipment Replace the third paragraph with the following: "Ball valves shall be the same size as the pipeline in which they are installed for 2" pipeline and smaller, for 21/2" pipeline use 2" ball valve. Downstream piping from the control valve shall be the size indicated on the Plans. Use PVC reducing bushings as required to change between control valve sizes and pipe sizes." Replace the word "Gate" in the first and second sentence of the fourth paragraph with the word "Ball". Replace the words "covered concrete" in the second sentence of the fourth paragraph with the words "plastic valve ". Replace the first sentence of the fifth paragraph with the following: "All quick coupler valves shall be installed inside plastic valve boxes, no quick coupler valves shall be installed projecting above grade." MA 0 0 Replace the words "covered concrete" in the second sentence of the fifth paragraph with the words "plastic valve ". Eliminate the third sentence in the fifth paragraph. Replace the word "double" in the fourth sentence of the fifth paragraph with the word "triple ". 308 -5.4.2 Location, Elevation and Spacing Eliminate the fourth and fifth paragraphs in this section. 308 -5.4.3 Riser and Nozzle Line Installation Replace the second through seventh paragraphs in this section with the following "Sprinkler heads shall be installed on triple swing joint assemblies. Triple swing joint assemblies shall be pre - assembled units manufactured of PVC joints and pipe with double o- ring seals. The lay length of the swing joint shall be a minimum of 150mm (6 "). No contractor assembled swing joints or Marlex fittings shall be allowed. Sprinkler swing joints shall be sized per the inlet of the sprinkler on which they are to be used. Quick coupler swing joint assemblies shall be pre - assembled triple swing units manufactured of PVC joints and pipe with double o -ring seals. Swing joints shall have a 25mm (1 ") brass MIPT outlet, for the connection to the quick coupler, and a 25mm (1 ") PVC MIPT connection on the inlet side of the assembly. Swing joint shall have an integral collar with holes for the installation of two No. 13M (No. 4) reinforcing steel rods to support the quick coupler." 308 -5.4.4 Sprinkler Head Adjustment Add the following sentence to this section: "Sprinkler heads shall be adjusted to eliminate overspray onto adjacent paving, brick dust, play surfaces or other non - planted areas." 308 -5.5.1 Automatic Control System Installation Replace the word "concrete" in both instances in the second sentence of the third paragraph with the word "plastic ". Replace the words "galvanized steel" in the first sentence of the fourth paragraph with the words "Schedule 40 PVC ". 308 -5.6.1 General The following paragraph shall preface the subsection: "Flushing of the lines shall be done before quick coupling valves and remote control valves are in place. All open ends shall be piped (temporarily to exhaust flushing water up and out of the trenches.)" M. No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line, with only one open port flushing at anyone time. Amend the last sentence of the first paragraph by adding, "and approved in writing "' at the end of the sentence. Add the following to the end of the subsection: "When the irrigation system is completed, a coverage test shall be performed in the presence of the City inspector to determine if the water coverage for planting areas is complete, adequate, and avoids overspray onto walks, roadways, and buildings as much as possible. The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Drawings, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the City inspector. This test shall be accomplished before any ground cover is planted. The Contractor shall request the presence of the City in writing at least forty-eight (48) hours in advance of testing. The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible." 308.6.2 Charts, Manuals, and Drawings Subsection is hereby added to subsection 308 -6 of the Standard Specifications as follows: 308 -6.2.1 As -Built Drawings Contractor shall provide City Representative with "as -built mylars" and as -built AutoCAD r14 dwg files at the completion of the project at no additional cost to the City. Contractor shall dimension from two (2) permanent points of reference, building comers, sidewalk or road intersections, etc., the location of the following items: 1. Ball valves 2. Sprinkler control valves 3. Routing of control wiring 4. Quick coupling valves 5. Other related equipment as directed by the City 6. Significant changes in routing of lateral lines from those indicated on the plans Delivery. On or before the date of the final inspection, the Contractor shall deliver the corrected and completed Mylar aperture cards to the City. Delivery of the final Mylar will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the prints. 308 -6.2.2 Controller Charts As -built drawings shall be approved by the City before the Contractor prepares the controller charts. E -7 C� 0 Provide one controller chart for each controller supplied. In the case that no controller is provided, the Contractor shall prepare a new controller chart utilizing any existing system that is being protected, as well as any new systems on line, for the existing controller(s). The chart shall show the area controlled by the automatic controller and shall be the maximum size which the controller door will allow. The chart is to be a reduced drawing of the actual as -built system. However, in the event the controlled sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. The chart shall be a blackline or blueline print and a different color shall be used to indicate the area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum of 10 mils thick. These charts shall be completed and approved prior to final inspection of the irrigation system. 308 -6.2.3 Manuals Operation and Maintenance Manuals. Prepare and deliver to the City within ten (10) calendar days after substantial completion of the project, three (3) hard cover binders with three rings containing the following information: Index sheet stating Contractor's address and telephone number and list of equipment with name and address of local manufacturer's representatives. 2. Catalog and parts sheets on every material and equipment installed under this contract. 3. Guarantee statement. The guarantee for the sprinkler irrigation system shall be made in accordance with the attached form. The Contractor shall file a complete copy of these specifications along with the guarantee prior to the acceptance of the irrigation system by the City. A copy of the guarantee form shall be included in the operations and maintenance manual. The guarantee form shall be retyped onto the Contractor's letterhead per attached form. 4. Complete operating and maintenance instructions on all major equipment. In addition to the above mentioned maintenance manuals, provide the City's maintenance personnel with instructions for major equipment and show evidence in writing to the City at the conclusion of the project that this service has been rendered. 308 -6.3 EQUIPMENT 308 -6.3.1 Loose Equipment to be Furnished. The following subsection shall be added (confirm each item with the City Inspector prior to actual turn- over): The Contractor shall supply as a part of this contract the following tools Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. E -8 C, 2. Two (2) five foot valve keys for operation of gate valves. 3. One (1) quick coupler key and matching hose swivel for every five (5) of each type of quick coupling valve installed. 4. Six (6) spray nozzles of each type specified on the legend. 5. Twelve (12) spray bodies of each manufacturer specified on the legend. 6. Two (2) rotors of each manufacturer specified on the legend. Two (2) gate valves - line sized - as specified on the legend. 8. Two (2) keys each for controller and controller enclosure doors. The above - mentioned equipment shall be turned over to the City at the conclusion of the project before final inspection can occur, evidence that the City has received material must be shown to the City Representative. 308 -7 GUARANTEE The text of the subsection shall be deleted and replaced with the following: The guarantee period shall begin at completion of maintenance or date of substantial completion as per the Engineer, whichever is later. Upon acceptance, all planting, irrigation, earthwork and trenches shall be guaranteed by the Contractor for a period of one year against defects in materials and workmanship. Any settling of backfill trenches which may occur during the one year guarantee period shall be repaired to the City's satisfaction by the Contractor without expense to the City, including the complete restoration of damaged planting, paving, or other improvements of any kind. The Contractor, within fifteen (15) days of notification by the Engineer, shall remove and replace all guaranteed plant materials which, for any reason, fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. FAUsers \PBw\Shared \Balboa Village \CONTRACT DOCUMENTS 7 -01 \Section E - Irrigation.doc E -9 0 0 SECTION F SPECIAL PROVISIONS LITHOCRETE ARCHITECTURAL CONCRETE PAVEMENT AND SIDEWALK 0 0 PART 1 GENERAL 1.1 GENERAL CONDITIONS A. Requirements of the Contract Documents shall apply to work in this Section with the same force and effect as though repeated in full herein. 1.2 SCOPE OF WORK A. The Contractor shall furnish materials, labor, transportation, services, and equipment necessary to furnish and install Lithocrete® architectural concrete paving incorporating the patented Lithocrete® process as indicated on the plans and as specified herein. B. Work included in this Section 1. Installation of sand subbase. 2. Installation of reinforcing steel. 3. Installation of wood formwork. 4. Installation of Lithocrete® architectural concrete installed under U.S. Patents #4,748,788 and #6,016,635. 1.3 QUALITY ASSURANCE A. Testing Agency: The Engineer shall designate a qualified testing agency. B. Analyses: Samples of materials may be taken and analyzed for conformity to this specification at any time. The Contractor shall furnish samples as requested by Engineer. C. Cost of Testing: The City shall pay the costs of initial testing of materials. The Contractor shall pay all costs for re- test(s) due to failure(s) to pass initial test(s). D. Allowable Tolerances: 1. Concrete shall be installed true to line and grade and as indicated on Drawings. The finish surface of concrete paving shall not vary more than '/< -inch per foot except at grade breaks. No "birdbaths" or other surface irregularities will be permitted. The Contractor shall correct identified irregularities to the satisfaction of the Engineer. 2. The Contractor shall take care in details of forming, setting, reinforcing, mixing and placing concrete exposed in finish work to obtain smooth, even surfaces of dense concrete. [Balboa Village Improvement, Phase 11 LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 1 of 12 0 0 3. Drainage: The Contractor shall be responsible for providing proper drainage, without "birdbaths" on paving surfaces. Discrepancies or omissions on Drawings, or on -site conditions, which prevent proper drainage to be brought in writing to the Engineer's attention for direction prior to beginning work. E. Applicable Standards: The Contractor shall comply with the following: 1. Lithocrete® Personnel Training manual, latest revision February 1998. 2. ACI — American Concrete Institute, "ACI Manual of Concrete Practice ", 2001 edition. 3. Portland Cement Association — "Design and Control of Concrete Mixtures', 13th Edition. 4. ASTM — American Society of Testing Materials. 5. AWS — "Welding Reinforcing Steel, Metal Inserts and Connections in Reinforcing Concrete Construction. 5. U.S. patents for Lithocrete® #4,748,788 and #6,016,635. F. Quality Control: The Contractor shall take necessary measures so that quality control is maintained by licensed installers of Lithocrete® throughout duration of project to the satisfaction of the Engineer. 1.4 SUBMITTALS A. The Contractor shall submit shop drawings and other product data specified herein at least 30 calendar days prior to commencement of construction of Lithocrete° sidewalk or pavement. B. The Contractor shall provide certified mill test reports as to chemical and physical properties of reinforcing bars furnished. C. The Contractor shall submit (1) copy of a Statement of Mix Design prepared by the batch plant servicing Project for each concrete type delivered to Project. The Statement of Mix Design shall contain following information: 1. Name, address, and telephone number of batch plant preparing statement of mix design. 2. Date of mix design. 3. Project location. 4. Contractor requesting load delivery. 5. Mix design number. 6. Integral color used, if any. 7. Gradations for sand and aggregate. 8. Material weights, specific gravity, and absolute volumes. 9. Basis of testing, i.e. UBC 2605 D4 and Title 24 2604 D4. [Balboa Village Improvement, Phase 11 LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 2 of 12 0 0 10. Water /cement ratio. 11. Admixtures. 12. PSI rating. 13. Signature of testing laboratory manager. 14. Signed stamp from registered structural engineer or architect. D. The Contractor shall furnish on -site samples at a location designated by the Engineer: 1. At least 30 calendar days prior to construction, the contractor shall, provide (1) 4 -foot x 4 -foot x 4 -inch sample of each Lithocrete° paving type specified on Drawings. 2. Each mock -up shall contain joint types as indicated on the Drawings, i.e. construction, contraction, and isolation. 3. The Engineer's approved mock -ups shall be the standard for future paving review and approval. 4. The Contractor shall remove mock -ups from site upon completion of Work. E. Extra Stock: The Contractor shall provide an additional 5 percent of each Lithocrete® aggregate type to the City Maintenance Yard for future paving repairs. 1.5 PRODUCT HANDLING A. Materials shall be stored in a dry and protected location. Reinforcing steel and dowels shall be protected from rusting, deformation, staining, and moisture damage. B. Lithocrete® aggregate shall be kept dry and clean prior to installation. 1.6 PROJECT CONDITIONS A. The Contractor shall ensure that substrate for concrete paving meets the Engineer's approval before beginning work. Discrepancies shall be brought to the Engineer's attention. Work shall not begin until any unsatisfactory conditions have been resolved to the Engineer's satisfaction. B. Sequencing and Scheduling of Work: 1. Other Trades Work: a. The Contractor shall coordinate with other trades items that need to be furnished and set in place prior to beginning work. Portions of other trades work to be executed by them so as to not delay progress of Contractors work. 16alboa Village Improvement, Phase 11 UTHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 3 of 12 0 0 b. The Contractor shall be responsible for proper installation of accessories embedded in concrete for provision of holes, vaults, and openings, necessary to execution of other trades work. C. After wood forms have been placed and approved by Engineer, the Contractor shall ensure that other trades have been notified and given sufficient time to complete their portion of work. 1.7 SUBSTITUTIONS A. No paving finishes other than Lithocrete® shall be allowed. 1.8 REVIEW OF SITE A. The Contractor shall visit project site and review existing conditions prior to submitting bid. 1.9 WARRANTY A. Warranty Period: In addition to manufacturer's guarantees for products installed under this Specification, concrete work shall be warranted for one year from date of Final Acceptance against defects in materials and workmanship by Contractor. Warranty shall also cover repair and damage to materials and workmanship to the Engineer's satisfaction. B. Warranty Exception: The Contractor shall not be held responsible for paving failure due to vandalism, or Acts of God during stated warranty period. PART 2 PRODUCTS 2.1 PORTLAND CEMENT A. Type V cement shall be used wherever specified in the Project Soils Report. B. The same brand of cement from a single source shall be used throughout entire project. 2.2 FINE AGGREGATE (washed concrete sand) A. Clean, hard, and durable washed concrete sand, conforming to ASTM C33 shall be used. B. Sand from a single source shall be used throughout entire project. [Balboa Village Improvement, Phase 1] LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 4 of 12 9 0 2.3 COARSE AGGREGATE A. Clean, hard, and durable coarse aggregate, conforming to ASTM C33 shall be used. B. Aggregate from a single source shall be used throughout entire project. 2.4 LITHOCRETEO AGGREGATE A. Refer to the Plans for specified Lithocrete® aggregate type, size, color, and distribution percentage. B. Lithocrete° aggregate from the same source for each paving type specified shall be used throughout entire project. C. Lithocrete® aggregates shall be kept clean and dry prior to broadcasting. 2.5 WATER A. Water shall be free from deleterious materials such as oils, acids, and organic matter. 2.6 ADMIXTURES A. Integral Coloring Admixture (dry pigment): Refer to the Plans for color type and manufacturer. 1. Acceptable Manufacturers: a. L.M. Scofield; (800) 800 -9900 or www.scofield.com. b. Colorfull by Admixtures, Inc.; (626) 357 -3263. C. QC Construction Products; (800) 453 -8213 or www.gconprod.com. d. Davis Colors; (800) 800 -6856 or www.daviscolors.com. B. Integral Coloring Admixture (liquid pigment): Refer to the Plans for color type and manufacturer. 1. Acceptable Manufacturers: a. Solomon Colors: (800) 624 -0261, or www.solomoncolors.com. b. Davis Colors /LaPorte: (800) 800 -6856, or www.daviscolors.com. C. Set Retarder: Conforming to ASTM C494, Type B and D. 1. Acceptable Manufacturers: [Balboa Village Improvement, Phase 11 LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 5 of 12 a. :7 C� 11 Grace Construction Products: Daratard °, 17 Set Retarder (800) 433 -0020, or Master Builders, Inc.; Pozzolithw Retarder, (800) 628 -9990, or www.masterbuilders.com/MB/pub/Products.asp?TypeCat=l &Parentl D =133w. masterbu ilders. com. D. Shrinkage Reducing Admixtures: Conforming to ASTM C157. 1. Acceptable Manufacturers: a. Grace Construction Products; Eclipse, (800) 433 -0020, or www.graceconstruction .com /concrete /shrinkage reducers.ht ml #eclipse. 1) Eclipse® Shrinkage Reducing Admixture is a liquid admixture which dramatically reduces concrete shrinkage and curling due to drying. E. Air Entrainment Admixtures: Conforming to ASTM C260. 1. Acceptable Manufacturers: a. Grace Construction Products; Daravairo, (800) 433 -0020, or www.graceconstruction.com /concrete /air entraining.html #da ravair. b. Master Builders, Inc.; Micro - Airy', (800) 628 -9990, or www.masterbuilders.com/MB/PubtProduct.asp?TypeCat=2& Parent D =78& Prod uctl D =22. Water Reducing Admixtures: Conforming to ASTM C494, Type A. 1. Acceptable Manufacturers: a. Grace Construction Products; WRI)e, (800) 433 -0020, or www.araceconstruction .com /concrete /water reducers.html# wrda. Master Builders, Inc.; Micro -Air® (800) 628 -9990, or www.masterbuilders.com. 2.7 READY MIXED CONCRETE A. Ready mixed concrete shall be batched, mixed and transported in accordance with ASTM C94 - "Specifications for Ready Mixed Concrete." 2.8 REINFORCING A. Reinforcing Steel shall conform to ASTM A615, clean and free of rust, dirt, grease or oils. [Balboa Village Improvement, Phase 1] LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 6 of 12 0 0 B. Tie Wire shall be 16 -gauge galvanized steel conforming to ASTM A82, clean, and free of rust, dirt, grease or oils. C. Supports for Reinforcement: 1. Supports for reinforcement shall be provided including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars in place. D. Polypropylene Fiber Reinforcement shall be 100 percent virgin multifilament polypropylene fibers, complying with ASTM C 1116 - Type III. 1. Acceptable Manufacturers: a. Fibermesh; Fibermix Stealth®— 1/4" long (423) 892 -8080, or www.fibermesh.com/family /stealth.htm. b. Grace Construction Products; MicroFiberT"'I (800)433 -0020, or www.graceconstruction.com /concrete /fibers.htmi 2. Application Rate: Per Statement of Design Mix. 2.9 ISOLATION JOINT MATERIALS A. Refer to Section 303 -5.4 — Joint Sealers for isolation joint construction. 2.10 CONSTRUCTION JOINT DOWELS A. Dowels shall be 1/2 -inch- diameter Rebar, free of dirt, grease, and oils. Encase 50 percent of each dowel in a Speed Dowel TM plastic sleeve to allow parallel lateral movement of each dowel. Contact Greenstreak at (800) 325 -9504, or www. greenstreak .com /speeddoweIhome.htm. 2.11 FLY ASH A. ASTM C618 - Type F fly ash shall be used only when specifically called for in Statement of Mix Design. PART 3 EXECUTION 3.1 SUBGRADE A. Subgrade shall meet the requirements of project's soils report. B. The Contractor shall install a 4 -inch layer of graded washed concrete sand compacted to 95 percent relative compaction over subgrade prior to placing concrete. (Balboa Village Improvement, Phase 11 LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 7 of 12 0 • C. Sand shall be screed to a smooth plane. D. The Contractor shall ensure that utilities, including irrigation lines are buried and compacted below bottom of sand layer. E. Sand shall be kept damp prior to placing concrete with no visible standing water present. 3.2 FORM WORK A. The Contractor shall be responsible for design and engineering of formwork as well as its construction. B. Forms shall be constructed accurately to dimensions, plumb and true to line and grade. Formwork shall be set tight and braced so as to maintain position and shape during placement of reinforcing steel and concrete. C. The Contractor shall carefully examine the Plans and provide necessary recesses and openings of proper sizes and shapes. Anchor plates, inserts, and other items to be embedded in concrete shall be secured accurately so that they will not be displaced during concrete placement. D. Form lumber shall be new #2 or better grade wood, free of splits, knotholes, and true to line both horizontally and vertically. E. Formwork shall be set where both horizontal and vertical planes are straight and plumb. F. Forms shall be constructed in such a manner that construction joints occur at locations indicated on Plans. In any case, a maximum of 20 -feet by 20 -feet shall not be exceeded in any given formed construction area. G. Formwork shall be observed carefully and checked for alignment and level as work proceeds and shall be adjusted as necessary and /or as directed by the Engineer. H. Formwork Approval: The Engineer's approval must be attained before placing concrete. I. Formwork shall remain in place long enough for concrete to set properly. Supporting forms shall not be removed until concrete has obtained sufficient strength to supports its own weight without deflection. J. Forms shall be removed when appropriate and discard offsite. [Balboa Village Improvement, Phase 1] LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 8 of 12 3.3 REINFORCEMENT A. Reinforcement shall be places as indicated on Plans. B. Reinforcement shall be placed accurately and securely. Steel shall be fastened to prevent displacement before and during placement of concrete. C. Steel bars shall be supported with tie wire and suitable steel bar cradles. D. Reinforcement shall be bent and placed in accordance with ACI standards. E. Steel bars shall be wet to cool prior to placement of concrete. 3.4 DESIGN OF MIXES AND PROPORTIONING A. Proportion and mix of cement, aggregate, admixture and water to attain required plasticity and strength shall conform with the current edition of ACI Manual of Concrete Practice and PICA "Design and Control of Concrete Mixtures." B. Concrete mixtures shall be designed by an approved commercial testing laboratory, using approved materials to obtain specified minimum compressive strength. C. Concrete Mix Criteria: 1. Slump: a. Maximum: 5- inches. b Minimum: 3- inches. 2. PSI Rating: a. At 7 days: minimum of 2,500. b. At 28 days: minimum of 4,000. 3. Cement a. Type: Type If. b. Quantity per yard of mix: 1. Minimum: 6 sacks. 2. Maximum: 7 sacks. 4. Water / cement ratio: 0.63 — 0.67. 5. Fine Aggregate (washed concrete sand): 70 percent of total. 6. Coarse Aggregate: 30 percent of total. (Balboa Village Improvement, Phase 1] LITHOCRETE® ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 9 of 12 0 0 7. Admixtures: a. Air entrainment: Do not exceed 2 percent. b. Shrinkage Reducing: Do not exceed 2 percent by weight of cement. 8. Fly ash: Use only when seeding reactive Lithocrete® aggregates. 9. Non - Chloride Accelerators: Do not use corrosive accelerators such as calcium chloride. 10. Concrete Delivery: Do not use concrete loads exceeding 90 minutes from time of batching. 11. Ensure that batch plant guarantees single source supply for cement, fine aggregate, and coarse aggregate for entire length of project. 3.4 LITHOCRETEO AGGREGATE INSTALLTION A. Broadcasting of Lithocrete® aggregates shall be performed only through a licensed Lithocrete® installer. B. Lithocrete° process of embedding surface - seeded aggregates incorporates, but is not limited to the following proprietary products: 1. Lithocrete Conditioner TIM 2. Lithocrete Etch - Retarder®. 3. LithosealTM paving surface sealer. 3.5 JOINTING A. The provisions of to ACI 302 "Guide for Concrete Floor and Slab Construction" shall apply to work under this section. B. Contraction Joints: 1. Contraction and construction joints shall be sawcut in locations as indicated on the Plans. 2. Jointing shall be performed with a new diamond tip circular saw. 3. Joint width shall not exceed 3/16 -inch in width. 4. Sawcut Depth: a. Contraction joints shall be 114th depth of slab. b. Decorative sawcut joints shall be '/2 -inch. [Balboa Village Improvement, Phase 11 LITHOCRETE° ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 10 of 12 CJ • 5. Joints shall be sawcut in a straight line with no overcutting at intersections. 6. A hand grinder with a 4 -inch diamond blade shall be used to sawcut up to vertical edges such as walls, steps, curbs and columns. Overcutting into vertical surfaces or adjacent concrete shall be avoided. C. Construction Joints: 1. Construction joints shall be sawcut in locations indicated on the Plans. 2. Jointing shall be performed with a new diamond tip circular saw. 3. Joint width shall not exceed 3/16 -inch in width. 4. Depth of sawcut shall be full depth. 5. Joints shall be sawcut in a straight line with no overcutting. 6. A hand grinder with a 4 -inch diamond blade shall be used to sawcut up to vertical edges such as walls, steps, curbs and columns. Overcutting into vertical surfaces or adjacent concrete shall be avoided. D. Isolation Joints: 1. Install isolation joints and caulking under Section 303 -5.4 of the Greenbook. 3.6 DAMAGED CONCRETE A. Damaged concrete paving shall be replaced at Contractor's expense when damage is done by direct negligence of Contractor. 3.7 CURING AND PROTECTION A. After initial Lithocrete° aggregate exposure, the concrete shall be cured by continuously sprinkling or fogging paving with water for minimum 7 days. B. Barricades, delineators, safety ribbon, and /or any other measures deemed necessary by the Engineer shall be installed by the Contractor around concrete during the curing period. [Raltwa Village Improvement, Phase 1) LITHOCRETO ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 11 of 12 0 0 C. After initial concrete placement, concrete shall be opened to pedestrian traffic within 14 days, and shall be opened for vehicular traffic in 28 days, unless otherwise directed by the Engineer. 3.8 SEALING A. After paving has cured, the Contractor shall seal the surface of Lithocrete® concrete with a minimum of (3) light coats of LithosealTM paving sealer, in accordance with the manufacturer's specifications. B. Additional sealers to LithosealTM shall not be allowed without approval by the Engineer. 3.9 CLEANUP A. The work area shall be kept clean, neat and orderly throughout the duration of the project. . B. Prior to Final Acceptance review by the Engineer, the Contractor shall clean and remove deleterious materials and debris from entire work area. END OF SECTION [Balboa Village Improvement, Phase 11 LITHOCRETE° ARCHITECTURAL CONCRETE PAVING Section 02521 - Page 12 of 12 W W U N Z II I� a v u O Uc rc 3 3 3 3 3 3 3 3 3 3 3 3 3 m m m 0 F 2 m m 0 m m �m �'° �'3 •m "3 �i �_�� BVd a �U� �m • •ya Z J '� � � � m d � p m � ;[ mm BOO p� O ea �$ ¢' mpp GR 6Q , BVmt J in N t� N _ I H ma u F (7 a N o 0 0 0 o a o o i N m Z Z Z Z Z O m Z Z 0 j¢ 0 0 0 0 O a 0 N 0 C m 0 0 C 0 0 C 0 0 0 0 o V a m o o L O [C K Z Z Z x m Z r _ w q m G h d _ a a m u o d m ¢ V K C V [C [C C K v [C 2 V K v K JO as au. an. _aa as _aa as _aa 0 0 Z Z Z !SF W f� Z N F tsH W 1� tnF Z W t n t -1 �2 J J J J J �2 J !2 y, � n t ,R t ,R 0C y, r9i t .� Gm q N y, G r9i L q Otl y, Lb m m m O Gm m m Gm d Oa m m m V ryry qq ry ��yy ryN ��vv {e m NN ry t ry 3 d ry 3Py N O u O u < u O V V V P u < u W_ v v v v v H U F L m O O O O q O q O u O~ O 4 O N O O 9 O y O O Yr V�yd d 4d 9i 9d � U � ®d � 9d p5 qV q NIL N s 0V U N d V L J N N C7 V to t0 00 O1 N C 0 0 a m m a m sa oa oa oa eo a$ 0 v d d d v v 3 �d a� m m a ° m N N (f m m m m LD O OI 0) j ci Q LL I m u m I 1 � c c a d N ° ° C O O L L O C m a a m c o v o- o -• o v o= 9 w w w w3 w ¢ 3 m m m m m m m C O O C O C O C O O G O Z Z Z Z Z Z Z m m a m so �e Lry „ Lry N Lp N Lp N Lq N Lry N m N 3 3 3 3 3 S O O O y O Y m. a• m . e. e _ _ m _ •ma a gm e v 1❑ co co rn o PAVING SCHEDULE NOTES: 1. The Contractor shall verify the layout of paving as indicated on the Plans and on this schedule prior to starting Work. The Contractor shall notify the Engineer once paving forms have been laid out for review and approval. 2. Lithocrete® architectural concrete paving is a patented paving process under U.S. patents #4,748,788 and 6,016,635. Installation of Lithocrete concrete paving other than through a licensed Lithocrete® installer is prohibited. Contact Lithocrete® at (949) 642 -3473 or www.lithocrete.com for a list of licensed Lithocrete® installers. 3. Refer to Specification #02521 — Lithocrete® Architectural Concrete Paving for additional paving information. 4. The Contractor shall construct paving indicated on this schedule per approved mock- ups. 5. Joints shall not deviate more than ( + / -) 1/16 -inch overall in a 10 -foot run. Sawcutting shall be cut straight. 6. The Contractor shall construct paving mock -ups on -site for paving types described in this paving schedule for the Engineers review and approval. Approved samples are to remain on -site in an accessible location throughout duration of project. Approved samples shall be the basis for future paving work. 0 APPENDIX A �J STANDARD PLANS AND DRAWINGS AMERICAN PUBLIC WORKS ASSOCIATION Standard Plan No. 111 -2 - Curb Ramp Standard Plan No. 131 -1 - Concrete Bus Pad Standard Plan No. 312 -2 - Catch Basin Manhole Frame and Cover COUNTY SANITATION DISTRICTS OF ORANGE COUNTY Standard Plan No. S -020 - Pipe Support Beam Across Trenches CURB FACE CURB A OR B-mO E E <I m �$ o E oa n rn � 0 n �x n a m A OR 8 -.41IJ SEE TABLE 1 n N TYPE 1 TRANSITION 4:1 NOTE 2 SEE TABLES 1 AND 2 FOR % AND Z VALUES CASE A AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER A OR B­101 STANDARD PLAN PR WORKS TEDBYTNE PUBLIC WORKS INC. =►i METRIC k-? -i 1991 _ REV_ 1990 RL I I AR Y o $ KI 3 �+ STR. DR. a SEE NOTE 2- a a NI E� mfg N 11j11mm CURB FACE CURB X 1200 % (4') SEE TABLES 1 AND 2 FOR X AND Z VALUES AORB SEE TABLE 1 CASE A AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN PR WORKS TEDBYTNE PUBLIC WORKS INC. CURB RAMP METRIC GREENBOOK COMMITTEE COMM MME 1991 _ REV_ 1990 SHEET 1 OF10 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 2% SEE TABLES 1 AND 2 / \R FOR X AND Z VALUES 5 E STF 0� NO TIE pQ' 00 mm 9 m( Q. 12 } MIN y(� . a y PLANTING AREA CURB FACE CUR WHEN PLANTING AREA IS ADJACENT TO THE CURB RAMP. -SEE CASE A (TYPE 6) Ofi '�P PC3 PARKWAY R� 27. MAX. SEE TABLES 1 AND FOR X AND Z VALUES ` ti \T STR. CR. 0 O? P EE E NOTS fir T 1200 mAm 4' R. GR. 9( STIR N Q PLANING F� AREA o0 % CURB FACE + / CURB � WHEN PLANTING AREA IS pQ" ADJACENT TO THE CURB RAMP. SEE CASE A (TYPE 6) 5� TYPE 4 BCR > 20 , P s h N TYPE 3 CASE A AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN CURB RAMP METRIC 111 - 2 SHEET 2 OF 10 SIDEWALK STANDARD PLAN 1200 mm ((6') METRIC 111 - 2 900 mm (3') MIN SHEET 3 OF 10 3 Y n CURB U AOR8-4101 2400 ml� m (8') MAX 2400 mm (8�) RL 8.AX. a 8.AX. MAX. x MAX. SEE NOTE 2 N n PLANTING AREA CURB SEE TABLE 1 FOR Z VALUE SIDEWALK 1200 mm (4') 900 mm (3') MIN CURB FACE — CURB SEE TABLE 1 FOR Z VALUE SEE NOTE �l 1700 mm LL1200 mmi�00 mm, (4•) T (4') i A OR Br SEE TABLE 1 �i a N TYPE 5 off' R P Z U N R PLANTING AREA N IF PLANTING AREA IS NOT ADJACENT TO ONE FLARE. USE X- PER TABLE 2 FOR THAT FLARE CASE A AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN CURB RAMP METRIC 111 - 2 SHEET 3 OF 10 C —.41 R .1� -SEE NOTE 2 CURB FACE I x I 1200 mm i x I CURB f T 14.1 T l SEE TABLE 2 C x FOR x VALUE a SEE TABLE 1 � N TVO C 1 CURB TYPE 2 4 1 BCR V � 22 e h CASE B AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111 - 2 SHEET 4 OF 10 SEE NOTE 2 i r L L x � n N l X a �! N x �l N !r R .1� -SEE NOTE 2 CURB FACE I x I 1200 mm i x I CURB f T 14.1 T l SEE TABLE 2 C x FOR x VALUE a SEE TABLE 1 � N TVO C 1 CURB TYPE 2 4 1 BCR V � 22 e h CASE B AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111 - 2 SHEET 4 OF 10 A SKEW ANGLE, a 120 9O/9! !` nl FUUL CF SKEW ANGLE a =45' Y a0 nl t OFFSET b =0 i CF UNLESS OTHERWISE NOTED X MOC GROOVING GF OFFSET, b _ Q O G CURB FACE (CF) FJ�� x SEE TABLE 3 FOR Y VALUE A CASE C AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111-2 SHEET 5 OF 10 SEE NOTE 2 DI X a o � } N r 3 Y � < z a F z a a C CURB FACE- SEE NOTE 2 D1 X a s N a N 3 Y a a F CURB FACE / SEE DETAIL "A ", "B ", "C" OR "D" SEE NOTE 3 X JD a s N N \�w TO DETERMINE X VALUE IN �{ TABLE 2 X =1200 mm (4') WHEN ADJACENT TO A PLANTING AREA CURB RE -GRADE AS NEEDED (PARKWAY EARTHWORK) TYPE 1 CURB X SEE DETAIL "A ", "B ", "C" OR "D" SEE NOTE 3 j D 5% MAX. —POINT A �qC ROUNDED EDGE ALLEY OR ROADWAY X 5%, MAX. EXISTING S/W 8.337 MAX. Al -O CURB SECTION D -D USE CURB FACE AT POINT A TO DETERMINE X VALUE IN TABLE 2 CASE D AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111 - 2 SHEETS OF 70 i 5% MAX. U USE CURB FACE POINT A A AT POINT A X =1200 mm (4') WHEN ADJACENT TO A PLANTING AREA CURB RE -GRADE AS NEEDED (PARKWAY EARTHWORK) TYPE 1 CURB X SEE DETAIL "A ", "B ", "C" OR "D" SEE NOTE 3 j D 5% MAX. —POINT A �qC ROUNDED EDGE ALLEY OR ROADWAY X 5%, MAX. EXISTING S/W 8.337 MAX. Al -O CURB SECTION D -D USE CURB FACE AT POINT A TO DETERMINE X VALUE IN TABLE 2 CASE D AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111 - 2 SHEETS OF 70 i i 1 N MARKED CROSSWALK SEE TABLES 1 AND 2 FOR X AND Z VALUES 2% MAX. SEE NOTE 3 S-0 SEE NOTE 2 OR 1E55� S C Z_X U SEE NOTE 2 x 3 a Y K n N SEE — 'r SGR. NOTE 3 CUR8 FACE Cl I! SEE 1 S SEE TABLE 1 AND 2 m n FOR X AND Z VALUES Of EE ronccwm u a ry0 -m A OR B S 2 OR LES E < 2 1200 mm ((a o Y 31 SEE 900 mm �3') r N1I NOTE 2 MIN Y � a PLANTING AREA CURB FACE CURB 1200 mm X X 1200 (4') V (4 ) CE WHEN ADJACENT O A PLANTING AREA 1 N MARKED CROSSWALK SEE TABLES 1 AND 2 FOR X AND Z VALUES 2% MAX. SEE NOTE 3 S-0 SEE NOTE 2 OR 1E55� S C Z_X U SEE NOTE 2 x 3 a Y K n N SEE — 'r SGR. NOTE 3 CUR8 FACE Cl I! SEE 1 a� K METRIC (TABLE N MARKED ronccwm u SEE NOTE 2 _SEE NOTE 3 5% MAX I ca J xm OF Q W W V) TYPE 1 27. MAX. I SEE NOTE 3 �7 Q F TYPE 2 MARKED CROSSWALK CASE E AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111 - 2 SHEET 7 OF 10 SEE NOTE 6 FAMI..r W FSEE 1200 mm 4' A BLE 3 900 mm (3') MI 31ING ROUNDED RA�IF F DWAY � R EDGE� Sx\�� n MAX. �2% MAX. �. SLOPE AT 8.33% HOWEVER, MAY INCREASE SLOPE IF Z EXCEEDS 8' SECTION R —R 2 OR LESS Z 1200 mm (4' 1200 mm (4*1 Z 2400 mm (8�) 2400 mm MAX _—j DEPRESS ACK OF WALK MAX PCC SIDEWALK SECTION S —S r+mV��IV/1��rVVUV ��VRF�J MJVVIiI /111V1�'JVVIf1CR1 ♦IAMLif'VRIYIN VfiNrICR TRI"" I MEETRIC I CURB RAMP 111 - 2 SHEET a OF 10 l I -}- A2 -0 CURB AND GUTTER SECTION A —A USE TABLE 1 TO DETERMINE SEE NOTE 6 WHICH OF SECTIONS A-A, B —B Ilj' \`N , PARKWAY OR C —C S APPROPRIATE. Y EXISTING ROADWAY I i �RBAMD � G UTTER DEPRESS BACK OF WALK SECTION B-B SEE DETAIL 'A', 'B', 'C' OR 'D'. SEE NOTE 6 \ PARKWAY W ---If Y 1200 mm 4' EXISTING ROUNDED EDGE TOP OF RAMP '. ROADWAY 8.337. MA %. Z MAX. A2 -0 CURB AND GUTTER SECTION C —C DEPRESS BACK OF WALK SEE DETAIL 'A ", 'B '. 'C' OR 'D'. Z 1200 mm (4" Z 2400 mm (8 2400 mm (e MAX MAX DEPRESS BACK OF WALK �. SLOPE AT 8.33% HOWEVER, MAY INCREASE SLOPE IF Z EXCEEDS 8' SECTION R —R 2 OR LESS Z 1200 mm (4' 1200 mm (4*1 Z 2400 mm (8�) 2400 mm MAX _—j DEPRESS ACK OF WALK MAX PCC SIDEWALK SECTION S —S r+mV��IV/1��rVVUV ��VRF�J MJVVIiI /111V1�'JVVIf1CR1 ♦IAMLif'VRIYIN VfiNrICR TRI"" I MEETRIC I CURB RAMP 111 - 2 SHEET a OF 10 l w PARKWAY WIDTH, m MW 1.2 1.5 1.8 2.1 2.4 2.7 3.0 13 3.6 3.9 4.2 4.5 4.8 5.1 5.4 5.7 6.0 4') MIN (5) (6) (7) (8) (9') (1.0') (17') (12') (73') (1.4') (15') (16') (17') (18') (19') (20') 25 (1 50 300 (12" OR MORE • ?�� ••I�? "I�z ••ZQ2 •? • ?�� ?�� ••Y�C ••7� ?� ••< . t ra, (e) 7 (e)r) O , g O .11 I>? � 17? 1-1) ' l-*) l <S, (4)(3� 1200 mm (48 ") 125 mm (5 ") b ID) (,J LEGEND: 150 mm (6 ") 1800 mm (72 ") A -A ® SECTION A -A ® SECTION B -B q SECTION C -C LANDING LANDING = (108 ") 250 mm (10 ") 1200 mm (4') 900 mm (3') 3300 mm TABLE 1 - SECTION USAGE & Z VALUES (144 ") "I NOR WIN �r_�: _ MAN Li 150 -lo- 300 (12" OR MORE • ?�� ••I�? "I�z ••ZQ2 •? • ?�� ?�� ••Y�C ••7� ?� ••< . t ra, (e) 7 (e)r) O , g O .11 I>? � 17? 1-1) ' l-*) l <S, (4)(3� 1200 mm (48 ") 125 mm (5 ") b ID) (,J LEGEND: 150 mm (6 ") 1800 mm (72 ") A -A ® SECTION A -A ® SECTION B -B q SECTION C -C LANDING LANDING = (108 ") 250 mm (10 ") 1200 mm (4') 900 mm (3') 3300 mm TABLE 1 - SECTION USAGE & Z VALUES (144 ") NORMAL CURB FACE X 50 mm (2 ") OR LESS 100 mm (4 ") OR LESS 1200 mm (48 ") 125 mm (5 ") 1500 mm (60 ") 150 mm (6 ") 1800 mm (72 ") 175 mm (Y') 2100 mm (84 ") 200 mm (8 ") 2400 mm (96 ") 225 mm (9 ") 2700 mm (108 ") 250 mm (10 ") 3000 mm (120 ") 275 mm (11 ") 3300 mm (132 ") 300 mm (12 ") OR MORE 3600 mm (144 ") TABLE 2 NORMAL CURB FACE SECTION A -A Y 50 mm (2 ") OR LESS 790 mm (32 ") 75 mm (3 ") 1185 mm (47 ") 100 mm (4 ") 1580 mm (63 ") 125 mm (5 ") 1975 mm (79 ") 150 mm (6 ") 2370 mm (95 ") 175 mm (7 ") 2765 mm (111 ") 200 mm (8 ") 3160 mm (126 ") 225 mm (9 ") 3555 mm (142 ") 250 mm (10 ") 3950 mm (160 ") 275 mm (11 ") 4340 mm (174 ") 300 mm (12 ") OR MORE 4736 mm (190 ") TABLE 3 AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN CURB RAMP METRIC 111 - 2 SHEET 9 OF 10 300 mm (12') 19 mm (3/4") T(1�4) ~(1/4) GROOVING DETAIL CONSTRUCT FENCE OR PER PROJECT FACE GRADED SLOPE 2:1 UNPAVED SURFACE MAX.. Y\ fin. DETAIL "C" RETAINING CURB SURFACE DETAIL „B„ 150 m RETAINING CURB \(6') UNPAVED SURFACE DETAIL "D" GENERAL NOTES: 1. CONCRETE SHALL BE EITHER CLASS 310 -C -17 (520 -C -2500) OR 320 -C -17 (560 -D -2500) AND SHALL BE 100 mm (4 ") THICK. 2. THE RAMP SHALL HAVE A 300 mm (12 ") WIDE BORDER WITH 6 mm (1/4 ") GROOVES APPROXIMATELY 19 mm (3/4 ") OC. SEE GROOVING DETAIL. 3. THE RAMP SURFACE SHALL HAVE A TRANSVERSE BROOMED SURFACE TEXTURE. 4. USE DETAIL "A" OR "B" IF EXISTING SURFACE BEHIND RIGHT OF WAY IS PAVED. 5. USE DETAIL "C" OR "D" IF EXISTING SURFACE BEHIND RIGHT OF WAY IS UNPAVED. 6. W = 900 mm (3') UNLESS OTHERWISE SHOWN ON PLAN. 7. ANGLE = A/2 UNLESS OTHERWISE SHOWN ON PLAN. B. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACTLY EQUAL VALUES. IF METRIC UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. IF ENGLISH UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE ENGLISH VALUES. AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA q7 STANDARD PLAN METRIC 2 111-2 CURB RAMP SHEET 10 OF 10 i rf CURB AND GUTTERA CURB FACE /-EDGE OF GUTTER SEE NOTE 3 3 PCC ON CMB- -J p SEE NOTE 3 . r N w A w AC PVMT W/2 m L W/2 C L SEE NOTE 2� / \\ SIDEWALK CURB _ AND CUTTER TYPICAL BUS PAD W / SEE NOTE 3 PCC i AC PVMT m / i CM8 SECTION A -A SEE NOTE 11 r e PCC EX: SIDEWALK n SEE NOTE 4 E E E o v CURB ° AND F ° GUTTER A. m _ 20 mm (3/4') t` EX. CURB AND GUTTER CMB SECTION B -B CM8 SEE NOTE 5 SECTION C -C PCC AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN PROMULGATED WORKS TANDAR E PUBLIC INC. CONCRETE BUS PAD METRIC GREENRKSSTAMMITTE GREENBO1 COMMITTEE �� 199 REV. 199 SHEET 1 OF 2 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION EX. GUTTER WIDTH OR w 600 (2') MF AC PAVEMENT SEE NOTE 6 PVMT EX. CUR13 .SECTION D-D SECTION E-E SEE NOTE 14 4. 1 AC PVMT PCc TO 8 CMB SECTION F-F 1. DIMENSIONS: (UNLESS OTHERMSE SHOWN) 2. USE SEC TION B-9 FOR EXISTING CURB AND GUTTER THAT IS TO REMAIN. USE SECTION C-C FOR NEW CURB AND GUTTER. USE SECTION O-D FOR EXISTING CURB THAT IS TO REMAIN. 3. USE SECTION E-E FOR EXISTING AC PAVEMENT. USE SECTION F-F FOR NEW AC PAVEMENT. 4. AT LOCATIONS WHERE PCC PAVEMENT WILL ABUT EXISTING CONCRETE. AN EPDXY APPROVED BY THE ENGINEER SHALL BE APPLIED TO THE EXISTING CONCRETE SURFACES PRIOR TO CONCRETE PLACEMENT. 5. IF 8 + T IS EQUAL TO OR GREATER THAN 300 (12"). CMD CHALL EXTEND UNDER NEW CURB AND GUTTER. 6. CONSTRUCT LONGITUDINAL WEAKENED-PLANE JOINT TO MATCH ADJOINING EXISTING CUTTER MOTH, OR 600 mm (2') IF NO ADJOINING GUTTER EXISTS. 7. USE 50000 (2"W) HEADER TO FORM 90 mm (3-1/2') STEP. TOP OF HEADER SHALL BE SET TO LINE AND GRADE. 8. ALL EXPOSED PCC CORNERS SHALL BE ROUNDED WTH A 15 mm (1/2') RADIUS. 9. SURFACE OF C014CRETE SHALL HAVE A ROUGH TRANSVERSE BROOM FINISH. 10. WERE DESIGNATED BY THE ENGINEER. UNDESIRABLE SUBGRADE MATERIAL SHALL 13E REMOVED AND 11. WERE NEW CURB AND GUTTER IS CONSTRUCTED ADJACENT TO EXISTING SIDEWALK. SIDEWALK SHALL BE REMOVED AND REPLACED TO NEAREST SCORELINE. 12. CONSTRUCT TRANSVERSE WEAKENED-PLANE JOINTS IN BUS PAD PAVEMENT AT APPROX. 3 m (10') INTERVALS. 13. CONSTRUCT TRANSVERSE WEAKENED-PLANE JOINTS IN BUS PAD PAVEMENT AT ALL EXISTING CUREI/CURB & CUTTER CONSTRUCTION JOINTS AND WEAKENED-PLANE JONTS. 14. AT THE OPTION OF THE ENGINEER, THE EXISTING PAVEMENT MAY BE NEATLY SAWCUT AROUND THE DIMENSIONS OF THE BUS PAD. AND CONCRETE POURED DIRECTLY USING THE EXISTING PAVEMENT AS A FORM. THE CONCRETE EDGES SHALL BE ROUNDED VATH A 15 Mm (1/2") RADIUS. 15. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACTLY EQUAL VALUES. IF METRIC UNITS ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. IF ENGLISH UNITS ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL BE ENGLISH VALUES. AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA Ct7 STANDARD PLAN METR CONCRETE BUS PAD 131-1 SHEET 2 OF 2 i �`�/ 20 mm (3/4') DIA. PICK HOLE SO mm i 25 mm (2' ■ I') DIAMOND MAT 3 mm (1/8') DEEP — 1� ON At �� L DRILL AND TAP HOLE AND INSTALL 20 mm " 32 mm (3/4' K 1 1/41 STAINLESS STEEL SOCKET SET SCREW WITH 10 mm (3/84 RECESSED HEX HOLE ALL THREADS TO BE P'� 350 mm (14') PLAN SECTION A -A LOCKING DEVICE (221 DIA. OPENING }w ':o: "o_.• •'aa : ?p .?.': '� to .•:.': '.'i: DETAIL To R 16 mm (5/81 R GAP IN RIM OF COVER OPPOSITE PICK HOLE BOTTOM OF MANHOLE COVER DETAIL "C' AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER P0=SATl BYTHE AGENCY DESIGNATED STANDARD PLAN METRIC PUBGREENSOOK CO I� EiNC.. GREENBGOK Cd•1MiTTEE �h INSCRIPTION. ALL a TS SHEET t Of 2 LETTERS 23 mm (I') (3,) \HIGH \ E' \\ �� m //// 9 INSTAL \\ 2 LOCKING DEVICE ��� �1) to 350 mm (14') PLAN SECTION A -A LOCKING DEVICE (221 DIA. OPENING }w ':o: "o_.• •'aa : ?p .?.': '� to .•:.': '.'i: DETAIL To R 16 mm (5/81 R GAP IN RIM OF COVER OPPOSITE PICK HOLE BOTTOM OF MANHOLE COVER DETAIL "C' AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER P0=SATl BYTHE CATCH BASIN STANDARD PLAN METRIC PUBGREENSOOK CO I� EiNC.. GREENBGOK Cd•1MiTTEE MANHOLE FRAME AND COVER 312-2 R� 1996 SHEET t Of 2 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NOTES I. THE CAST IRON USED SHALL CONFORM WITH ASTM A -48M CLASS 35B. 2. THE FRAME AND COVER SHALL BE COATED WITH ASPHALTUM OR BITUMINOUS PAINT AFTER TESTING AND INSPECTION. 3. FOUNDRY IDENTIFYING MARK, HEAT AND DATE SHALL BE CAST ON THE BOTTOM OF THE'COVER AND ON THE INSIDE OF THE FRAME. 4. IMPORTED COVERS AND FRAMES SHALL HAVE THE COUNTRY OF ORIGIN MARKING IN COMPLIANCE WITH FEDERAL REGULATIONS. 5. WEIGHT OF FRAME SHALL BE 15 Kg (30 POUNDS). WEIGHT OF COVER SHALL BE 40 kg (85 POUNDS). ACTUAL WEIGHTS SHALL BE WITHIN A RANGE OF 95% TO 110 %. 6. THE MANHOLE FRAME AND COVER SHALL BE INSPECTED BY THE ENGINEER PRIOR TO SHIPMENT TO THE JOB SITE. ACCEPTANCE WILL BE INDICATED BY THE AGENCY'S MARK. 7. THE PROOF -LOAD FOR TEST METHOD B OF THE STANDARD SPECIFICATIONS IS 13,000 kg (28,600 POUNDS). 8. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACT EQUAL VALUES. IF METRIC VALUES ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. IF ENGLISH UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE ENGLISH UNITS. AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN MUM CATCH BASIN MANHOLE FRAME AND COVER 312-1 SHEET 2 OF 2 r i 2• EXISTING MIN SEWER r--- 6" TYPE I o_ 2' M7A1 DUCTILE IRON PIPE W/O ENCASEMENT] l� BANDED RUBBER 0' TO 8' COUPLINGS (TYP.) D BAR D BAR 3' r4" 4 12' 4 4' 0. D. 4 T t REBAR l_— 2" 12' CLEAR [TYP . ] 4.0 6' 12' MIN V DEPTH OF COVER 0' TO 8' 8' TO 16' D BAR D BAR 3' 12" 4 12' 4 4' 12' 4 12' 5 5' 12' 4 16' 5 6' 12' 5 16' S 7' 12' 5 16' 6 e' 12' 5 16' 5 9' 12' 1-12o'— 5 16' 8 10' 5 3" MIN. —+ CLEARANCE o o 6" MIN. 0 (TYP . ) 0 0 " PIPE ENCASEMENT PER S-100 W SEE TABLE 4.0' -01 MIN. TYPE II couln. CALIFO1aIA PIPE SUPPORT BEAM �40, Za ,..,_ I 1 /901 ACROSS TRENCHES !!M SS- APPENDIX B 0 EXCERPTS FROM GEOTECHNICAL REPORT by DIAZ - YOURMAN & ASSOCIATES DIAZ•YOURMAN Sc ASSOCIATES A Report Prepared for: Psomas & Associates 3187 Redhill Avenue, Suite 250 Costa Mesa, CA 92626 GEOTECHNICAL INVESTIGATION BALBOA VILLAGE IMPROVEMENT PLANS NEWPORT BEACH, CALIFORNIA Project No. 102 -04 N0- OE002390 V. R. Nadeswaran ¢ Exp e/3o i Geotechnical Engineer 2390 Diaz•Yourman & Associates 17421 Irvine Boulevard Tustin, California 92780 (714) 838 -8565 May 31, 2001 17421 IRVINE BLVD. TUSTIN, CA 92780 -3012 TEL. (714) 838 -8565 FAX (714) 838 -8741 A b O O V n D D Z a O yyyyylllry /lll � ° ° °v, ° O N O y / D 91 I y(} My i N O O / / / f O � I O C 2 �Z T T C N 7 a T L 3.0 SITE CONDITIONS 3.1 PAVEMENT CONDITIONS 10 The project reach is located within a commercial and residential zone. DYA performed borings and corings on Balboa Boulevard, Washington Boulevard, and the parking lot. City's consultants performed corings on the side streets. There were two lanes in each direction without center turn lanes on Balboa Boulevard. Washington Boulevard was a one way street south of Balboa Blvd, and one lane in each direction north of Balboa Blvd. The parking lot was currently in use. Concrete curbs and gutters were present along the project reach. The existing pavement was in relatively fair condition with longitudinal and horizontal cracks. Balboa Boulevard had been patched in many areas and this resulted in an uneven surface. Balboa Boulevard between Main Street and A Street appears to have been recently reconstructed with AC pavement. The existing pavement sections encountered in the DYA borings and corings are summarized in Table 1. Table 1 - EXISTING PAVEMENT SECTION — DYA BORINGS BORING /CORE NUMBER LOCATION PAVEMENTTYPE/ THICKNESS (inches) GRAVELBASE THICKNESS (inches) B -1 Washington Street PCC / 6.25 None B -2 Washington Street PCC / 5.25 None B -3 Washington Street AC / 4.25 14 B -4 Balboa Boulevard PCC / 8.5 6 C -1 Balboa Pier Parking Area AC /3 10 C -2 Balboa Pier Parking Area AC/3 11 C -3 Balboa Pier Parking Area AC / 1.5 11 C -4 Balboa Pier Parking Area AC/3 9 C -5 Balboa Pier Parking Area AC / 2.5 18 C -6 Balboa Boulevard PCC / 8.25 7 C -7 Balboa Boulevard PCC/8 6 C -8 Balboa Boulevard PCC / 7.75 6 C -9 Balboa Boulevard PCC / 8.25 7 C -10 Balboa Boulevard PCC / 8 6 Corings were performed on the side streets by the City's consultant. The pavement thickness information provided to DYA is summarized in Table 2. 6 G: \DATAFLS{ ROJEGTS100\102 U \BALBOAVILLAGE REPORT.DOC i • Table 2 - EXISTING PAVEMENT SECTION ON SIDE STREETS PROVIDED BY THE CITY BORING / CORE NUMBER LOCATION PAVEMENT TYPE / THICKNESS (inches) AGGREGATE BASE THICKNESS (inches) SD -1 Palm Street AC/9 None SD -2 Palm Street AC / 6.6 None SD -3 Palm Street AC / 8.4 8.5 SD -4 Bay Street PCC / 9.6 None SD -5 Bay Street PCC / 9.6 None SD -6 Main Street PCC / 8.4 None SD -7 Main Street PCC / 9.6 None SD -8 Main Street PCC/6 None SD -9 Main Street PCC/6 None SD -E Adams Street PCC/9 None SD -F Adams Street AC 16.6 6 DYA performed a visual survey of pavement conditions. The field notes summarizing the observed distress are included in Appendix D. 3.2 SUBSURFACE CONDITIONS The subgrade soils encountered in DYA borings are described below and summarized on Figure 3. Below the pavement section, generally loose to medium dense sands to silty sands with gravels were encountered in the borings. In boring B -4, a 2 -foot thick, firm sandy silt layer with gravel was encountered at 3.5 feet below ground surface (bgs). The moisture content of the sands within the upper 3 feet ranged from 1 to 9 percent. The moisture content of the soils from 3 to 10 feet bgs varied from 12 to 21 percent. The dry densities varied widely from 97 pounds per cubic foot (pcf) to 120 pcf. The upper 1 foot below the pavement section appeared to be poorly compacted. The laboratory maximum dry densities varied from 107 to 118 pounds pcf with a corresponding optimum moisture content range of 14 to 10 percent. The R -value of the existing subgrade soil was approximately 70. A distinction between natural soils and fill material could not be made in the field. Although not encountered in the borings, fill and backfill from adjacent utility lines will likely be encountered during pipeline construction, especially where the proposed pipeline alignment is close to or intersects existing utility lines. 7 G. \DATAFLSNROJECTS000V02- UmBALBOA wLUGE REPORT.DOC gg 0 YG� cs° zo3 agS 2s� sss` 3 "s a� �m R n c A m n A O N N N m n 0 z 9 v N a s 0 n °A 0 S DEM, Ml D D 0 Groundwater was encountered at 5 to 8 feet bgs during our drilling operations. The groundwater level will vary with tidal levels and season. Results Chemical test performed on groundwater samples are summarized in Table 3. The groundwater samples had total suspended solids higher than that allowed by the NPDES limits. Table 3 - SUMMARY OF DETECTED CHEMICAL CONSTITUENTS IN GROUNDWATER SAMPLES METHOD CONSTITUENT RESULTS(milligram/liter) B -1 ® 10 feet B -3 @ 10 feet EPA 6010B Arsenic -- 0.007 Barium 0.094 0.11 Chromium 0.016 0.087 Cobalt -- 0.013 Copper 0.033 Lead 0.0076 0.0081 Molybdenum -- 0.036 Nickel 0.017 0.017 Vanadium 0.014 -- Zinc 0.14 0.026 SSM5540 -C Surfactants - 0.16 EPA 160.2 Total suspended solids 4,900 6,700 EPA 180.1 Turbidity 2,100 1,200 Note: Only the detected constituents are summarized in this table. For detailed test results see Appendix C. G.\DATAPLSIPROJECTS \100 \102- 00\BALBOA VILLAGE REPORT.DOC 0 0 4.0 CONCLUSIONS AND RECOMMENDATIONS Based on geotechnical considerations, the proposed storm drain pipeline can be constructed. The pavement for Balboa Boulevard can be rehabilitated by overlaying the existing Portland cement concrete (PCC) pavement with a fiberglass geogrid and a layer of rubberized asphalt. The Balboa Pier parking area can be rehabilitated by filling in "birdbaths" and applying a slurry seal. The side streets can be rehabilitated by applying an overlay or by reconstruction. The primary geotechnical considerations will be the non - uniformly compacted subgrade, support of temporary excavations, construction dewatering, and existing utility lines that will need to be protected in place during construction of the pipeline. 4.1 EARTHWORK Prior to the start of construction, all utilities should be located in the field and either rerouted, removed, abandoned, or protected. Reconstructing the roadways may require removing some of the existing pavement and base materials. The excavated materials should be recycled. The bottom of the excavation should be: • scarified to a depth of 8 inches, • moisture conditioned to above - optimum moisture content, and • compacted to at least 90 percent relative compaction. Where the soils at the bottom of the excavation are soft and preclude compaction, they should be excavated to a sufficient depth such that a firm and unyielding surface is achieved at the planned bottom of excavation or base of fill grade. Generally, an overexcavation depth of 1 foot is sufficient, though this may not be an option due to the depth of the water table. Using easily compactable material, such as gravel base and /or geotextiles, can reduce the depth of excavation. The geotextile should satisfy the requirements of Standard Specification for Public Works Construction ( Greenbook) Section 213 -2.1, Type 270WS, and be placed in accordance with Greenbook Section 300 -10. 10 G? DATAFLSWROJECTSi Wl W2-0 ALB A VILLAGE REPORT. O 0 0 Fill and backfill should be compacted by: • placing in loose layers less than 8 inches thick, • moisture conditioning to above - optimum moisture content, and • compacting to at least 95 percent relative compaction.' Import materials for fill should meet the criteria in Table 4. Table 4 - IMPORT FILL CRITERIA CRITERIA IMPORT FILL Maximum particle size inches 4 Maximum liquid limit % 30 Maximum plasticity index % 10 Maximum percentage passing the #200 sieve % 20 Minimum R -value 50 Minimum sand equivalent 20 Excavations to approximately 6 feet below the pavement surface will be required to install the proposed pipeline. Based on the anticipated subsurface conditions, the on -site soils can be excavated to the proposed depths using conventional heavy -duty excavation equipment. Granular backfill and fill materials from adjacent or intersecting utility lines can be expected to slough immediately or fall into the excavation. Also, the sandy soils will tend to slough and cave when exposed. Excavations deeper than 3 feet should be shored or sloped back. Temporary excavations to the maximum depths explored (10 feet) should not be steeper than 2H:1 V (horizontal to vertical) for sandy soils. Because of the existing pavement, adjacent improvements, and utilities, we estimate that it will not be practical to slope the excavation and that temporary shoring will be required. Temporary shoring is discussed in Section 4.2. The bottom of the excavation should expose natural soils that are competent to support the proposed pipeline. If the natural soils are disturbed by the excavation, or loose or soft soils are encountered, these loose or soft soils should be overexcavated as recommended above. Groundwater was encountered between 5 and 8 feet bgs during the field investigation for this project. The depth to groundwater was not stabilized when measured. Therefore, the stabilized groundwater is likely higher than that measured. The groundwater level will vary seasonally and will ' Relative compaction refers to the in -place dry density of soil expressed as a percentage of the maximum dry density of the same material, as determined by the American Society for Testing Materials (ASTM) D1557 -91 test method. Optimum moisture content is the moisture content corresponding to the maximum dry density, as determined by the ASTM D 1557 -91 test method. 11 G ZATAFL5W ROJECTSV M102- 04\8ALBOA VILLAGE REPORT.00C 0 be influenced by tidal levels. The excavation and construction should be kept dry by dewatering of the trench using well points, sumps, or a combination of these methods. An investigation to provide site - specific dewatering information was not part of the scope of work for this investigation. 4.2 UTILITY TRENCHES Soils. encountered in the borings were mostly sandy. Therefore, the soils can be classified in accordance with Occupational Health and Safety Administration (OSHA) procedures as Soil Type C. Soil Type C should be considered when selecting shoring in accordance with OSHA criteria. However, OSHA criteria cannot be used if one of the following is present. • Equipment loads greater than 20,000 pounds. • Trenches deeper than 10 feet. Shoring can also be designed as described below. Suggested lateral earth pressures for use in shoring design are presented on Figure 4, which also includes the effect of surcharge and traffic. Temporary shoring design should incorporate the expected construction procedures, sequence, and loads. In particular, design should consider stockpiling of excavated materials, steel plates for cross traffic, and the presence of heavy construction equipment or spoil piles next to the trenches. The shoring design is the responsibility of the Contractor and should be designed by a registered engineer retained by the Contractor. We recommend that the design of temporary shoring be performed using shoring pressures equal to or greater than those shown on Figure 4 and passive resistance equal to or less than that shown on Figure 4. The passive pressures in Figure 4 assume either undisturbed natural soils or compacted fill. 12 G:\ ATAFLS ROJECTSUOOUO2 -OG ALB A VILLAGE REP RT. O ®e q (Surcharge) H1 BRACED SHORING H Pq Ps 2 10 q (Surcharge) VER 3 Pp BRACED SHORING CANTILEVER SHORING P = Pq +Ps P = Pq +Ps 0.5q + 28H1 = 0.4q + 43H1 Pp = 350 H2< 4000 psf (300 psf minimum) Notes: • All values of height (H) in feet, and pressure (P) and surcharge (q) in pounds per square foot (psf). • Values for temporary excavations using flexible walls. • For traffic surcharge, assume no less than a 100 psf uniform horizontal pressure along the top 10 feet. • Earth pressure assumes no hydrostatic pressures. If hydrostatic pressures are allowed to build up, the incremental earth pressures below groundwater level should be reduced by 50 percent and added to hydrostatic pressure for total lateral pressure. Figure 4 - LATERAL EARTH PRESSURE - TEMPORARY SHORING Utility pipes should be placed on the bottom of a neatly cut trench, on a layer of bedding as outlined on Figure 5, or according to the manufacturer's recommendations, whichever is greater. Bedding requirements are outlined on Figure 5. Jetting should not be allowed. We anticipate that the near- surface soils will be suitable for use as bedding materials. 13 G:\ DATAFLS \PPOJECTSUIM102- 0A\BALBOA VILLAGE REPORT.DOO 0 0 Figure 5 - PIPELINE BACKFILL SCHEMATIC Settlement can affect the post- construction performance of trenching projects. Ground behind the shoring can settle (ground loss), yield laterally, and /or the trench backfill can settle. The contractor's operations will significantly affect both types of settlement. Some ground loss is likely with any shoring system. In general, sandy soils will experience more ground loss than clayey soils because of the tendency of sand to ravel or slough immediately upon trench excavation. If there are settlement sensitive structures within approximately 1.5 E (E = the depth of the excavation, Figure 5) these structures should each be evaluated independently. The weight of the pipeline and backfill will not significantly increase the present overburden loads and, therefore, there will be no appreciable consolidation settlement. Some settlement of the backfill above the pipeline should be expected even when the backfill is properly compacted. Therefore, there should be provisions for periodic resurfacing of the trench area. The post construction settlement can be reduced by specifying a minimum relative compaction of 95 percent for the backfill for the trench zone backfill (see Figure 5). Using cement slurry backfill can also mitigate settlement. However, significant amounts of slurry are required and it will be necessary to remove and dispose of the trench excavation spoils. 14 G:\OATAFLS\ RWECTSIW \1M -N\ ALBOAVILLAGE REP Fur OC _ See Figure 7 for PAVEMENT SECTION Pavement Section Details D Trench Zone Backfill E 1 L C Trench Zone Backfill .- Pipe Zone Backfill A Pipe Bedding Not to Scale MATERIAL MINIMUM THICKNESS (feet) MINIMUM RELATIVE COMAPCTION ( %) BACKFILL SPECIFICATIONS Caltrans S ecifications Greenbook Specifications Pipe Bedding A = 0.33 -- 19- 3.0258 306 -1.2.1 Pipe Zone B=1 -- 19- 3.025B 306 -1.2.1 Trench Zone C varies -- Trench Zone D=2 95 Notes: 1. Based on ASTM D1557. 2. To reduce settlement, use 95 percent relative compaction. 3. D = 0 if no pavement or settlement- sensitive structures at surface. Figure 5 - PIPELINE BACKFILL SCHEMATIC Settlement can affect the post- construction performance of trenching projects. Ground behind the shoring can settle (ground loss), yield laterally, and /or the trench backfill can settle. The contractor's operations will significantly affect both types of settlement. Some ground loss is likely with any shoring system. In general, sandy soils will experience more ground loss than clayey soils because of the tendency of sand to ravel or slough immediately upon trench excavation. If there are settlement sensitive structures within approximately 1.5 E (E = the depth of the excavation, Figure 5) these structures should each be evaluated independently. The weight of the pipeline and backfill will not significantly increase the present overburden loads and, therefore, there will be no appreciable consolidation settlement. Some settlement of the backfill above the pipeline should be expected even when the backfill is properly compacted. Therefore, there should be provisions for periodic resurfacing of the trench area. The post construction settlement can be reduced by specifying a minimum relative compaction of 95 percent for the backfill for the trench zone backfill (see Figure 5). Using cement slurry backfill can also mitigate settlement. However, significant amounts of slurry are required and it will be necessary to remove and dispose of the trench excavation spoils. 14 G:\OATAFLS\ RWECTSIW \1M -N\ ALBOAVILLAGE REP Fur OC • • 4.3 DESIGN PARAMETER For pipeline design purposes, the vertical pressures on a pipe can be estimated based on Figure 6. A modulus of soil reaction value of 1,000 pounds per square inch (psi) may be used for design. The allowable design soil bearing value for associated lightly loaded structures, such as manholes, is 1,000 pounds per square foot (psf) for footing with a minimum embedment and width of 1 foot. IN W P= Cb(YH +Q H ) 0.s 0.4 a U Z 0.3 W U W OU 0.2 O h W Z rmn 0.1 D O m 0 0 0.5 1.0 1.5 2.0 2.5 rdi Notes: • P = Vertical soil pressure at the top of the conduit (pounds per square foot [psq. • Cp = Concentration factor, assume 1.5. • Y = Unit weight of soil (pounds per cubic foot [pcq), assume 130 pcf. • H = Height of fill above the top of the pipe (feet). • O = Concentrated surface load (pounds). • Cb = Boussinesq coefficient obtained from figure above. • The effects of more than one load are cumulative. Figure 6 - VERTICAL EARTH PRESSURES BURIED OBJECTS 4.4 PAVEMENT THICKNESS DESIGN Pavement design recommendations include both overlay to existing pavements and complete reconstruction for new pavements. A summary of pavement options considered and our recommended options are presented in Table 5, Table 6, Table 7, and Figure 7. The final selection of pavement options should be based on the recommendation options combined with drainage, grade, and traffic interruption considerations. 15 G: IDATAFLSPROJECTS100a02- N\SALBOA VILLAGE REPORT. DOC 0 0 Table 5 - PAVEMENT DESIGN SUMMARY LOCATION OPTIONS CONSIDERED RECOMMENDED OPTION 2 Washington Boulevard • Coldmill, place a fabric, and place rubberized Notes: • Overlay design (Caltrans Highway Design asphalt overlay, as recommended in Table 6. patches and proposed trenches. Manual /Experience) Where utility trenches are present replace with Balboa AC pavement (Caltrans Highway Design a new AC or PCC pavement and then place Boulevard Manual) overlay, as recommended on Figure 7. • PCC pavement (Caltrans Highway Design Where recently placed AC pavement is present, Manual) cold mill and placed rubberized asphalt as recommended in Table 6. • Overlay design (Caltrans Highway Design Manual /Experience) Side AC pavement (Caltrans Highway Design See recommendations provided in Table 7 Streets Manual) • PCC pavement (Caltrans Highway Design Manual • AC pavement (Caltrans Highway Design • For Bus parking provide a PCC pavement as Balboa Pier Manual) recommended on Figure 7 Parking Lot PCC pavement (Caltrans Highway Design • For vehicle parking areas provide a slurry seal Manual 4.4.1 Existing Pavement Overlays Overlay designs were based on a comparison of the existing pavement section to the required section and experience. As summarized in Table 6 and Table 7, the existing pavements can be overlaid with new rubberized AC to support the anticipated traffic loads. Prior to overlay, the existing pavements should be repaired. The type of repair will depend on the pavement distress. Patching is required at moderate and high severity (alligator) cracking locations. High severity linear cracks should also be considered. Ruts should be removed by milling or placing a leveling course. Table 6 - OVERLAY RECOMMENDATIONS LOCATION RUBBERIZED ASPHALT OVERLAY THICKNESS inches Balboa Boulevard 2 Washington Boulevard 2 Notes: 1. Cold mill existing street by 1.0 inch. Place fabric, Glassgrid 8502 or equivalent, and then apply rubberized asphalt overlay. See Figure 7 for recommendations for removal and replacement in areas of existing patches and proposed trenches. 2. Where recently placed AC pavement is present (Balboa Boulevard between Main and A Street), extend overlay for uniform appearance. Cold mill existing AC pavement such that the minimum overlay thickness is 2 inches. 16 G9DATAFLSPROJEOTS1001102 -04 ALBOA VILLAGE REPORT. DOC 0 Table 7 - SUMMARY OF PAVEMENT SECTION FOR EXISTING SIDE STREETS A 1/4 inch layer of asphalt slurry should be placed over the PCC pavement after milling and allowed to cure before placing fiberglass geogrid. The geogrid should consist of Glassgrid 8502 or equivalent. After placement of the geogrid, the rubberized asphalt (ARHM) can be placed. The areas to be patched should be identified using the American Public Works Association MicroPaver Distress Identification Manual. 4.4.2 New Pavements Recommended minimum AC and PCC pavement sections are presented on Figure 7. The recommended minimum pavement sections are based on the following: • R -value of 50, • Caltrans design method, and 17 G:�ATAFLS�ROJECTS \1WV02- N \BALBOA VILLAGE REP RTDOC TRAFFIC INDEX LOCATION CORING CORRESPONDING RECOMMENDATIONS ASSUMING REQUIRED TI IS 8 ID TO EXISTING OR LESS SECTION' Existing pavement section is adequate. Depending on Palm Street north of Bay pavement condition seal cracks or mill off 1.5 inches, Street3 SD -1 9 place reflective cracking stress absorbing membrane intedayer (SAMI), and replace with rubberized asphalt overlay. Existing pavement section is not adequate. Replace with Palm Street between Bay SD -2 7 8 -inch thick AC section or mill off 1.5 inches, place Street and Balboa Blvd reflective cracking SAMI, and replace with rubberized asphalt overlay Existing pavement section is adequate. Just south of Balboa Blvd where buses will turn, replace with 7 -inch Palm Street south of Balboa SD -3 10 thick PCC. Elsewhere, mill off 1.5 inches, place reflective cracking SAMI, and replace with rubberized asphalt overlay Bay Street between Palm and SD -4 12 Existing pavement section is adequate. Grind 1.5 inches SD -5 1Z Main Streets and replace with rubberized asphalt overlay with glassgrid Glass rid 8502 orequivalent) Main Street north of Balboa SD -6 10 Existing pavement section is adequate. Grind 1.5 inches Blvd and replace with rubberized asphalt overlay with glassgrid SD -7 12 Main Street south of Balboa SD -8 7 Existing section is not adequate. Replace with 8 -inch Blvd thick concrete on 4 -inch Class 2 aggregate base SD -9 7 Adams Street (location of SD -E 124 Existing pavement section is adequate. Grind 1.5 inches coring not shown on site plan and replace with rubberized asphalt overlay with glassgrid SD -F 8 rovided b Psomas 5 Notes: 1. Based on Caltrans methods assuming the subsurface R -value of 50. 2. If pavement is in fair condition, the reflective cracking SAMI is not required. 3. Per meeting minutes of August 14, 2000 the existing pavement section was anticipated to be PCC. However, based on coring results provided the existing pavement is AC. 4. Existing pavement sections do not have aggregate base. Because of the free draining sandy subsurface an aggregate base layer was assumed to be not necessary. 5. Site plan providing locations of SD -E and SD -F was not available. A 1/4 inch layer of asphalt slurry should be placed over the PCC pavement after milling and allowed to cure before placing fiberglass geogrid. The geogrid should consist of Glassgrid 8502 or equivalent. After placement of the geogrid, the rubberized asphalt (ARHM) can be placed. The areas to be patched should be identified using the American Public Works Association MicroPaver Distress Identification Manual. 4.4.2 New Pavements Recommended minimum AC and PCC pavement sections are presented on Figure 7. The recommended minimum pavement sections are based on the following: • R -value of 50, • Caltrans design method, and 17 G:�ATAFLS�ROJECTS \1WV02- N \BALBOA VILLAGE REP RTDOC �� 0 • given traffic index (TI) 8 for roads, 6 for parking lot, and 8 for bus parking. Generally, rigid PCC pavement costs more for initial construction but requires less maintenance than flexible AC pavements. For heavy wheel loads along limited alignments and bus stops, PCC pavement is preferred. For PCC pavements, the following should be considered. Construct pavements in a 15 -foot square grid, (20 -foot rectangular areas if a square is not practical). • Cure fora minimum of 7 days. • No traffic until the compressive strength exceeds 2,000 pounds per square inch (psi). • Dowels to strengthen joints. • Minimum slope of 1- percent. PCC pavement is recommended for the bus parking area adjacent to the Balboa Pier parking area. Aggregate base requirements and specifications are outlined on Figure 7. The basement soil (subgrade) and aggregate base should be compacted to at least 95 percent relative compaction as shown on Figure 7. If the basement soil cannot be compacted to at least 95 percent relative compaction, the subgrade should be overexcavated as noted in Section 4.1. 18 G'.ZATAEL5 ROJECTS l W \102 -04 ALB A VILLAGE REPORT. O 0 0 Figure 7 - PAVEMENT THICKNESS 4.5 SOIL CORROSION POTENTIAL One test performed during this investigation indicated 39 parts per million (ppm) soluble sulfate concentration in the near - surface soils. Based on these test results, we recommend that Type II cement be used with a maximum water /cementitious materials ratio of 0.50 in accordance with UBC standard 1904.3.1. One soil sample was tested for pH, soluble chloride and soluble sulfate concentrations, and soil electrical resistivity tests for corrosion potential. The test values are summarized in Table 8. Also, presented in Table 8 are Caltrans (1996) corrosion criteria. The corrosion potential test results are presented in Appendix B. Based on Caltrans standards and other published correlations and the chemical test results, the onsite soils are classified as mildly corrosive to buried metal pipes. We recommend that protective coatings on metal pipes be considered and that a corrosion specialist be contacted for details of corrosion protection. 19 G:\ DATAFLS\PROJECMi W I W W \BALBOA VILLAGE REPORTocc AC /PCC Course p�q; pop; .pqo q.o Total Pavement Section ° Y ° ° ° ° ° Base Course a�OQ. °q, °aoQ, —� Basement Soil — — Subgrade MINIMUM THICKNESS inches COURSE AC Full Depth AC PCC TI =6 TI =8 TI =6 TI =8 TI =6 TI =8 AC /PCC 3 5 6 8 6 8 Base 6 6 - - 4 4 Sub rade La erl 6 6 6 6 6 6 Notes: 1. AC and PCC should satisfy the requirements of Caltrans Standard Specifications Sections 39 and 40, respectively, or Greenbook Sections 203, and 201 and 302, respectively. When the new pavement will be overlaid with rubberized asphalt overlay for uniformity the total AC thickness including the overlay should be greater than the minimum thickness specified. 2. Base course = Crushed aggregate base or crushed miscellaneous base, in accordance with Caltrans Standard Specifications Section 26 or Greenbook Sections 200 -2.2 and 200 -2.4, respectively. The minimum relative compaction is 95 percent. 3. Compacted in-place natural soil or fill; the minimum is 95 percent relative. Figure 7 - PAVEMENT THICKNESS 4.5 SOIL CORROSION POTENTIAL One test performed during this investigation indicated 39 parts per million (ppm) soluble sulfate concentration in the near - surface soils. Based on these test results, we recommend that Type II cement be used with a maximum water /cementitious materials ratio of 0.50 in accordance with UBC standard 1904.3.1. One soil sample was tested for pH, soluble chloride and soluble sulfate concentrations, and soil electrical resistivity tests for corrosion potential. The test values are summarized in Table 8. Also, presented in Table 8 are Caltrans (1996) corrosion criteria. The corrosion potential test results are presented in Appendix B. Based on Caltrans standards and other published correlations and the chemical test results, the onsite soils are classified as mildly corrosive to buried metal pipes. We recommend that protective coatings on metal pipes be considered and that a corrosion specialist be contacted for details of corrosion protection. 19 G:\ DATAFLS\PROJECMi W I W W \BALBOA VILLAGE REPORTocc s • Table 8 - CORROSION POTENTIAL 4.6 CONSTRUCTION CONSIDERATIONS The groundwater levels were encountered at approximately 5 to 8 feet bgs in our field investigation. The groundwater levels will vary with tidal levels and season. Because of the proximity of the ocean, dewatering will be difficult. We envision that trench dewatering will be achieved by the contractor by the use of well points. A temporary shoring system that restricts the inflow of water and sump pumps from within the excavation may be effective in localized areas. Dewatering by sump pumps should be performed with appropriate filters to minimize pumping of fine grained soils. Chemical testing performed on groundwater samples collected during this investigation indicated that the construction dewater cannot be discharged using the general NPDES permit. Existing facilities should be monitored during excavation and dewatering activities. A construction monitoring and instrumentation plan should be in place prior to the beginning of construction. The purpose of the instrumentation program is to monitor the performance of adjacent structures and utilities during construction. It is recommended that the following elements be monitored. • Settlement of existing structures in vicinity of trench dewatering; • Deflections of the shoring system using survey markers (points); • Ground settlement adjacent to existing structures and along settlement- sensitive utility lines using settlement markers; • Groundwater levels using monitoring wells; and Pumping of fine soil particles (discharge water should be clean). The construction monitoring and instrumentation plan should be modified as appropriate based on observations during initial construction stages. Measures should be taken to modify construction activities, as appropriate, if monitoring data indicate the adjacent structures may become distressed. 20 G' \DATAFL"AOJECTMI Ml M..M BALBOA VILLAGE RERORT. DOC VALUES CALTRANS CORROSION CRITERIA H 8.7 <5.5 Soluble sulfate content m 39 >2,000 Soluble chloride content m 125 >500 Electrical resistivity ohm -cm 6,700 <1,000 4.6 CONSTRUCTION CONSIDERATIONS The groundwater levels were encountered at approximately 5 to 8 feet bgs in our field investigation. The groundwater levels will vary with tidal levels and season. Because of the proximity of the ocean, dewatering will be difficult. We envision that trench dewatering will be achieved by the contractor by the use of well points. A temporary shoring system that restricts the inflow of water and sump pumps from within the excavation may be effective in localized areas. Dewatering by sump pumps should be performed with appropriate filters to minimize pumping of fine grained soils. Chemical testing performed on groundwater samples collected during this investigation indicated that the construction dewater cannot be discharged using the general NPDES permit. Existing facilities should be monitored during excavation and dewatering activities. A construction monitoring and instrumentation plan should be in place prior to the beginning of construction. The purpose of the instrumentation program is to monitor the performance of adjacent structures and utilities during construction. It is recommended that the following elements be monitored. • Settlement of existing structures in vicinity of trench dewatering; • Deflections of the shoring system using survey markers (points); • Ground settlement adjacent to existing structures and along settlement- sensitive utility lines using settlement markers; • Groundwater levels using monitoring wells; and Pumping of fine soil particles (discharge water should be clean). The construction monitoring and instrumentation plan should be modified as appropriate based on observations during initial construction stages. Measures should be taken to modify construction activities, as appropriate, if monitoring data indicate the adjacent structures may become distressed. 20 G' \DATAFL"AOJECTMI Ml M..M BALBOA VILLAGE RERORT. DOC 0 i, T 0 E BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 5 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 12 DATE STARTED: 7/13/00 DATE COMPLETED: 7/13/00 SPT HAMMER DROP: 30 inches WT: 140 Ins DRIVE HAMMER DROP: 30 incheWVT: 140 lbs ID. 2.4 LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) OD: 3 o y of O e N m ° DESCRIPTION d y m _ i. - a m O m � WOb m V 0 O m c 0 G O LL U 0 O J _J o N '- CONCRETE - 6.25 inches POORLY GRADED SAND (SP); dark gray, moist, loose, fine- to medium - grained sand 4 8 97 9 7 9 2 10 very dark gray, loose to medium dense, odor 5 5 0 5 wet 6 12 medium dense, fine- to coarse - grained sand, little seashells 108 21 11 14 5 1 3 18 fine to medium - grained sand 7 11 Bottom of boring at 11.5 feet. Groundwater encountered at 5 feet during drilling. Boring backflled with cuttings. Surface patched with concrete, LOG OF BORING B- 1 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE A2 a' cv 0 u i 0 EE i 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 6 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 10 DATE STARTED: 7/13/00 DATE COMPLETED: 7/13100 SPT HAMMER DROP: 30 inches WT: 140 lbs DRIVE HAMMER DROP: 30 inche9NT: 140 lbs LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) ID: 2.4 OD: 3 � N � ILL � N m W_ o n L Z m ri DESCRIPTION '' m °_ m m t 0 m n° % 0E a3 m o 2•m 'S o a 'Q,E rvo 20 c0 W a0i 0� 0 0 m� 0 m LL U cc U � Zi a a u O a CONCRETE - 5.25 inches POORLY GRADED SAND (SP); light brown, moist, medium 5 dense, fine - grained sand, trace fine gravel 3 13 dark gray, olive gray 5 8 9 18 dark gray, no gravel, odor 111 20 3 16 21 0 wet 8 25 very dark gray 11 14 Bottom of boring at 9.5 feet. t Groundwater encountered at 6 feet during drilling. Boring backfilled with cuttings. Surface patched with concrete. -5 LOG OF BORING B- 2 PLATE Page 1 of 1 Balboa Village Improvement Plans A3 Project No. 102 -04 ,r 'a cn d u 0 E r= 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 9 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 12 DATE STARTED: 7113/00 DATE COMPLETED: 7/13/00 SPT HAMMER DROP: 30 inches WT: 140 Ibs DRIVE HAMMER DROP: 30 inche9NT: 140 Ibs ID: 2.4 LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) OD: 3 `o w m c o ° v ° Z DESCRIPTION ' �j 'T' ~ m ¢ E o E m .. m ao _ - x m � rn m i im 0 _ m ASPHALT - 4.25 inches SILTY SAND with GRAVEL ISM); brown, moist, medium dense, fine- to marse-grained sand, fine to coarse gravel: BASE - 14 12 13 inches 100 2 13 POORLY GRADED SAND (SP); light yellowish brown, moist, 14 medium dense, fine- to medium - grained sand 5- 2 9 3 6 5 very dark gray, loose SILTY SAND with GRAVEL ISM); brown, moist, medium dense, fine- to medium -grained sand, fine to coarse gravel 9 17 112 12 15 19 wet 0 POORLY GRADED SAND (SP); light olive brown, wet, dense, t fine- to medium-grained sand 7 36 15 21 Bottom of boring at 11.5 feet. Groundwater encountered at 6 feet during drilling. Boring backflled with cutttings. Surface patched with conaete. -5 LOG OF BORING B- 3 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE MA 0 0 a 0 a E H 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 7 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 9 DATE STARTED: 7/12100 DATE COMPLETED: 7112100 SPT HAMMER DROP: 30 inches WT: 140 Ibs DRIVE HAMMER DROP: 30 incheWT: 140 Ibs LOGGED BY: —GKG CHECKED BY: AT. DRIVE SAMPLER DIAMETER (inches) ID: 2.4 OD: 3 2_ = 5 t Z° a DESCRIPTION m n m E m 0 0 c m o m m p w- o- n n m mm ii0 0 0 �JD o- E aos Ot a . °° CONCRETE - 8.5 inches POORLY GRADED GRAVEL with SAND (GP); dark brown, moist, 2 11 medium dense, fine to coarse gravel, fine- to coarse- grained 5 4 sand: BASE - 6 inches POORLY GRADED SAND (SP); light brownish gray, moist, 7 medium dense, fine- grained sand 3 SANDY SILT with GRAVEL (ML); very dark brown, moist, fine, nonplasbc, fine- to coarse- grained sand, fine gravel, some peal 3 6 102 12 NP NP 5 8 5 POORLY GRADED SAND (SP); light olive brown, moist, loose, medium- to coarse - grained sand, little seashells 0 3 26 edium dense,fine -to coarse- grained sand 1 15 wet Bottom of boring at 8.5 feet. Groundwater encountered at 7.5 feet during drilling. Boring barkfilled with cuttings. Surface patched with cowele. to- -5- LOG OF BORING B- 4 PLATE Page 1 of 1 Balboa Village Improvement Plans A5 Project No. 102 -04 mw a 0 u i 0 E H 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 10 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): B BORING DEPTH (feet): 4 DATE STARTED: 7/12/00 DATE COMPLETED: 7/12100 SPT HAMMER DROP: 30 inches WT: 140 lbs DRIVE HAMMER DROP: 30 incheEVW: 140 lbs ID: 2.4 LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) OD: 3 S � � O W v 4 o H d m a ° m o ° v Z DESCRIPTION = J °_ D° V 0 d .-� d L d ➢ N L O C N O 6 d 'y m 0 0 O ' E d U d O N _ L D 9 0.d v N T o mb V 07 uU d �U d i Olu a ASPHALT - 3 inches SILTY GRAVEL with SAND (GM); light yellowish brown, moist, fine to coarse gravel, fine- to medium-grained sand: BASE - 10 inches POORLY GRADED SAND (SP); light yellowish brown, moist, fine - grained sand, trace fine to coarse gravel, little seashells 102 1 0 Bottom of boring at 3.5 feet. Groundwater not encountered during dnlling. Boring backfiiled with cuttings. Surface patched with concrete. 5 0 to- LOG OF BORING C- 1 PLATE Page 1 of 1 Balboa Village Improvement Plans A6 Project No. 102 -04 Idw 'a u 0 i7 i 0 E 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 10 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 3 DATE STARTED: 7/12/00 DATE COMPLETED: 7/12100 SPT HAMMER DROP: 30 inches WT: 140lbs DRIVE HAMMER DROP: 30 inche9NT: 140lbs LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) ID: 2.4 OD: 3 5 y C O m w m c E, z 3 a s DESCRIPTION y m �_ x X. m v_ mm m m m o a o m o 2`m 'a 0 of lu O— W W mm W m iL U Ob U �:3 d o du O a ASPHALT -3 inches SILTY GRAVEL with SAND (GM); light yellowish brown, moist, medium dense, fine to coarse gravel, fine- to medium-grained 22 14 sand: BASE - 11 inches 16 POORLY GRADED SAND with SILT and GRAVEL (SP -SM); light 13 yellowish brown, moist, medium dense, fine- to medium - grained sand, fine gravel 121 3 9 Bottom of boring at 2.5 feet. Groundwater not encountered during drilling. Boring backfilled with cuttings. Surface patched with concrete. 5 5 0 to- LOG OF BORING C- 2 PLATE Page 1 of 1 Balboa Village Improvement Plans A7 Project No. 102 -04 M d 0 u i 0 a E r 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 11 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 4 DATE STARTED: 7/12100 DATE COMPLETED: 7112100 SPT HAMMER DROP: 30 inches WT: 140 Ibs DRIVE HAMMER DROP: 30 inche9NT: 140 Ibs ID: 2.4 LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) OD: 3 o � rn c_ O 'n C .o a m y h t z H DESCRIPTION m 3 d m °E a m m r - a m o Zn m o o a IT 0 W 0S 0 0 n m U � cr s Oa ASPHALT -1.5 inches SILTY SAND with GRAVEL ISM); dark yellowish brown, moist, 10 fine- to medium -grained sand, fine to coarse gravel: BASE - 11 inches POORLY GRADED SAND with SILT and GRAVEL (SP -SM); light yellowish brown, moist, loose, fine-grained sand, fine gravel, 5 4 8 little seashells 97 1 6 11 Bottom of boring at 3.5 feet. Groundwater not encountered during drilling. Boring backfilled with cuttings. Surface patched with concrete. 5 1 0 LOG OF BORING C- 3 PLATE Page 1 of 1 Balboa Village Improvement Plans A8 Project No. 102 -04 rr 0 a u 0 E BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 10 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 3 DATE STARTED: 7113/00 DATE COMPLETED: 7113100 SPT HAMMER DROP: 30 inches WT: 140 lbs DRIVE HAMMER DROP: 30 inche9NT: 140 lbs ID: 2 LOGGED BY: GKG CHECKED BY: , AT -4 DRIVE SAMPLER DIAMETER (inches) OD: 3 o O y a c co DESCRIPTION n m� Do m c 0 m E d ° E a x m °o t p m o m O m m y a u Oa W 0 0 FO `0 u U aS t0 ASPHALT -3 inches SILTY GRAVEL with SAND (GM); light yellowish brown, moist, loose, fine to coarse gravel, fine- to coarse - grained sand: BASE 5 7 - 9 inches POORLY GRADED SAND (SP); light brownish gray, moist, loose. 6 g fine- to medium - grained sand Bottom of boring at 2.5 feet. Groundwater not encountered during drilling. Boring backflled with cuttings. Surface patched with concrete. 5 5 t 0 LOG OF BORING C- 4 PLATE Page 1 of 1 Balboa Village Improvement Plans A9 Project No. 102 -04 fflw 6 U 0 a u i 0 E 0 9 BORING LOCATION (feet): See Figure 2 E ELEVATION AND DATUM (feet): 10 MSL DRILLING EQUIPMENT: CME -75 D DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 B BORING DEPTH (feet): 3 DATE STARTED: 7/12/00 D DATE COMPLETED: 7/12100 SPT HAMMER DROP: 30 inches Wr: 140 Ibs D DRIVE HAMMER DROP: 30 incheWT: 140 lbs LOGGED BY: GKG CHECKED BY: AT D DRIVE SAMPLER DIAMETER (inches) ID. 24 OD: 3 o o N n r no m m r z z n ri D DESCRIPTION D D c c� ° ° c c in m ^ ^ V VJ N N m ym i 2'mo o o v vE m m o o m m O W m m<o y it U 0 00 V V - -3 D 0 0, S o o- a O Oa ASPHALT - 2.5 inches SILTY GRAVEL (GM); grayish brown, mcist, loose, fine to coarse . S gravel: BASE - 18 inches 13 9 9 9 9 P 111 1 1 POORLY GRADED SAND (SP); grayish brown, moist, loose, fine- 1 to medium - grained sand Bottom of boring at 3 feet. Groundwater not encountered during drilling. Boring backfilled with cuttings. Surface patched with concrete. 5 5 0 to— OF BORING C- 5 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE A10 a 0 a u r 0 E 9 r BORING LOCATION (feet): See Figure 2 E ELEVATION AND DATUM (feet): 7 MSL DRILLING EQUIPMENT: CME -75 D DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 B BORING DEPTH (feet): 3 DATE STARTED: 7/12/00 D DATE COMPLETED: 7/12/00 SPT HAMMER DROP: 30 inches WT: 140 lbs D DRIVE HAMMER DROP: 30 incheWT: 140lbs ID: 2.4 LOGGED BY: GKG CHECKED BY: - AT D DRIVE SAMPLER DIAMETER (inches) I OD: 3 o w w O � i Q Q o o f � N o ° ° ^ W z Z O i a fl � 9 9 E E z E ` O 9 W d `m . ❑ `. f fN n fn . n m L m Z O O a J J Q U m — - C CONCRETE - 8.25 inches SILTY SAND with GRAVEL ISM); dark yellowish brown, mist, 2 6 6 b bole, fine- to medium - grained sand, fine to coarse gravel: 5 5 5 B BASE - 7 inches 1 8 P 103 3 3 1 1 POORLY GRADED SAND (SP); light brownish gray, moist, loose, fine- to medium - grained sand Bottom of boring at 2.5 feet. Groundwater not encountered during drilling. Bonng backflled with cuttings. Surface patched with concrete. 5 0 to— OF BORING C- 6 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE All i< 0 n i 0 E 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 7 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 3 DATE STARTED: 7112100 DATE COMPLETED: 7112100 SPT HAMMER DROP: 30 inches WT: 140 Ibs DRIVE HAMMER DROP: 30 incheWr: 140 Ibs ID: 2.4 LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) OD: 3 o 0 O Z ` N DESCRIPTION 76 m o- o m ' m° cr � m 0mm 9 m ii V 00 E Oa = CONCRETE - 8 inches POORLY GRADED SAND with GRAVEL (SP): dark brown, moist, 5 10 Bose to medium dense. fine to coarse- grained sand, fine to 5 8 coarse ravel: BASE - 6 inches POORLY GRADED SAND (SP); light brownish gray, moist, loose 13 to medium dense, fine- to medium-grained sand 101 3 3 Bottom of boring at 2.5 feel. Groundwater not encountered during drilling. Boring backfilled with cuttings. Surface patched with concrete. 5 0 1 -5 LOG OF BORING C- 7 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE Al2 a' 0 a i7 i m a E 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 7 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 3 DATE STARTED: 7112/00 DATE COMPLETED: 7/12/00 SPT HAMMER DROP: 30 inches WT: 140 Ibs DRIVE HAMMER DROP: 30 incheWT: 140 Ibs ID- 2.4 LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) OD: 3 c 3 ° m o ° m ° Z y DESCRIPTION —m o ° �m c v ° m o m o o m 'm 'Q — o K m m N t o m Fa 0 20 io D :1 E a E O a o n o ii U 02 o ce a u CONCRETE - 7.75 inches POORLY GRADED SAND with GRAVEL (SP); dark grayish 4 15 brown, moist, medium dense, fine- to ocarse- grained sand, fine 5 7 to coarse ravel: BASE - 6 inches POORLY GRADED SAND (SP); very dark grayish brown, 24 yellowish brown, moist, medium dense, fine- to medium - grained 103 3 sand Bottom of boring at 2.5 feet. Groundwater not encountered during drilling. Boring backfilled with cuttings. Surface patched with concrete. 5 0 to- -5- LOG OF BORING C- 8 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE A13 0 0 i m E 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 7 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 3 DATE STARTED: 7/12100 DATE COMPLETED: 7112/00 SPT HAMMER DROP: 30 inches WT: 140lbs DRIVE HAMMER DROP: 30 incheE10W: 140 lbs LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) ID: 2.4 OD: 3 o c m t m ° m u DESCRIPTION n ° > m m m mm °m m i. o= n- o m o 2`m o o x iy w� 0� N 0 mm vim LL 0 00 �v �� u 5 as Oa °- CONCRETE - 8.25 inches POORLY GRADED SAND with GRAVEL (SP); dark brown, loose, 6 9 fine- to coarse-grained sand, fine to coarse gravel: BASE - 7 5 9 nches 9 3 POORLY GRADED SAND (SP); light brownish gray, moist, loose, fine- grained sand 98 3 Bottom of boring at 2.5 feet. Groundwater not encountered during drilling. Boring backfilled with cuttings. Surface patched with concrete. 5 0 1 -5 LOG OF BORING C- 9 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE a 0 i7 i a E 0 0 BORING LOCATION (feet): See Figure 2 ELEVATION AND DATUM (feet): 7 MSL DRILLING EQUIPMENT: CME -75 DRILLING METHOD: Hollow Stem Auger BORING DIAMETER (inches): 8 BORING DEPTH (feet): 3 DATE STARTED: 7/12100 DATE COMPLETED: 7112100 SPT HAMMER DROP: 30 inches WT: 140 lbs DRIVE HAMMER DROP: 30 inche9NT: 140 lbs ID. 2'4 LOGGED BY: GKG CHECKED BY: AT DRIVE SAMPLER DIAMETER (inches) OD: 3 B N 0 u u n e a m N ° m o ° m ° DESCRIPTION a_ a" -0 > m n m E 3 E m Am °o L oc o m 6:o m �J v FL S d cx Oa M m tt 0 `= CONCRETE - 8 inches POORLY GRADED SAND with GRAVEL (SP); olive brown, moist, 5 6 loose, fine- to medium - grained sand, fine to coarse gravel: 5 6 BASE -6 inches POORLY GRADED SAND with GRAVEL (SP); light brownish 6 gray, moist, loose, fine- to medium - grained sand, fine gravel 97 4 Bottom of taring at 2.5 feet. Groundwater not encountered during drilling. Boring balled with cuttings. Surface patched with concrete. 5 0 to- -5- LOG OF BORING C -10 Page 1 of 1 Balboa Village Improvement Plans Project No. 102 -04 PLATE A15 M Wim a APPENDIX C HORTICULTURAL REPORT by SOIL PLANT LABORATORY, INC. 0 0---- SOIL AND PLANT LABORATORY, INC. Orange Office Lab. No. 32946 July 18, 2001 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Attn: Greg Lewis BALBOA, PO NO. 3170 2 2001 Attached is the data sheet for analyses conducted on three samples received for the above project on July 12. The samples represent areas where landscape renovations are intended. The samples are labeled Palm St. Parking Lot, Planter Next to Boardwalk, and Planter Next to Pay Booth and will be referred to as samples 1 -3 respectively. Analytical Results The pH of sample 1 is neutral with samples 2 and 3 slightly alkaline. The pH of all samples is favorable. The time content of these soils is low to negligible, which is favorable. Salinity (ECe) is safely low in samples I and 3 and is slightly elevated in sample 2. Sodium is appreciable in sample 2 and accounts for a good portion of the salinity. Sodium is low in samples I and 3. The sodium adsorption ratio (SAR) values indicate that sodium is well balanced by calcium and magnesium. Boron is safely low throughout. Available nitrogen is low in samples 1 and 2 and is near optimum in sample 3. Phosphorus is well supplied in all samples. Potassium is low in samples 1 and 2 and is only slightly low in sample 3. Calcium, magnesium and sulfate are ample in all samples. The micronutrients copper, zinc and iron are well supplied throughout with magnesium fair to low. Comments The only items of concern are the slightly elevated salinity and sodium in sample 2. The initial irrigations in this area should be especially thorough to aid in leaching some of the excess sodium from the active root zone. The data for samples 1 and 3 are favorable and indicate no factors potentially limiting to normal plant growth provided that proper installation and cultural practices are followed. P.O. Box 6566, Orange, California 92863 -6566 / (714) 282 -8777 FAX (714) 282 -8575 P.O. Box 153, Same Clara, California 95052 -0153 / (408) 727 -0330 FAX (408) 727 -5125 P.O. Box 1648, Bellevue, Washington 98009 -1648 / (425) 746 -6665 FAX (425) 562 -9531 6655 Palomino Circle, West Linn, Oregon 97068 -2505 / (503) 557 -4959 FAX (503) 557 -0713 0 0 SOIL AND PLANT LABORATORY, INC. Page 2 City of Newport Beach July 18, 2001 Surface Soil Preparation for Turf and Groundcover Prior to amending, the surface soil in areas to be landscaped should be ripped or tilled to a minimum 9 inch depth to alleviate compaction. Uniformly broadcast and blend the following with existing soil to a 6 inch depth. Materials Nitrogen fortified organic amendment (compost* or redwood or fir sawdust) Fertilizer Gypsum Amount/ 1000 N. ft. 3 cu. yds. 8 lbs. ammonium sulfate 5 lbs. potassium sulfate Area 2 Only 35 lbs. *Rates and fertilizers may have to be adjusted depending on analysis of selected compost. Tree & Shrub Planting Guidelines Excavate the planting hole at least two to three times the diameter of the root ball. The planting hole should be excavated no deeper than the root ball itself. The root ball should be situated slightly higher than final grade. Organic matter is not required in the backfill; however if desired, a soil blend consisting of no more than 20% organic matter by volume can be placed in the upper 12 inches of backfill only. Soil below this depth and below the root ball should not contain any additional organic matter. Slow release fertilizer tablets can be placed in the upper 12 inches of backfill soil at the manufacturer's recommended rate. Do not cover the top surface of the root ball with other soil. A temporary soil berm is often constructed around the outer edge of the root ball to help channel water through the root ball then into the surrounding soil. Ideally a weed and turf free zone should be maintained just beyond the diameter of the planting hole. A 2 -4 inch deep layer of coarse mulch can be placed around the tree or shrub; mulch should be kept a minimum 4 -6 inches from the trunk. Maintenance Fertilization For turf and ground cover areas, uniformly broadcast sulfur coated urea at the rate of 51bs. per 1000 sq. ft. The first application should occur approximately 45 days after planting with repeat applications every 90 days. In early fall and spring, substitute a complete fertilizer such as 16 -6 -8 or equal for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. ft. Tree and shrub plantings can be maintained with the above fertilizers; however, the frequency between applications should be every 120 days with the first application 90 days after �Z 0 0 SOIL AND PLANT LABORATORY, INC. Page 3 City of Newport Beach July 18, 2001 planting. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. If we can be of any further assistance, please call. 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Box 1768 Newport Beach, California 92658 -8915 Dear Mr. Stein: Reference is made to your application dated March 13, 2001, for a Department of the Army (DA) permit to replace a storm drain adjacent to Washington Street on Balboa Island, Newport Bay, in Newport Beach, Orange County, California. The 24 -inch storm drain footprint is expected to cover up to 0.001 -acre (76 sq. ft.) within Newport Bay, approximately 28.5 sq. ft. more than the existing 15 -inch storm drain (47.5 sq. ft.). The proposed project meets the terms and conditions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403). Enclosed is a "Provisional Permit." This provisional permit is NOT VALID and does not constitute authorization for you to do work. The provisional permit describes the work that will be authorized, including general and special conditions which will be placed on your final DA permit, should you receive Coastal Zone Management (CZM) consistency concurrence (or Coastal Development Perm t) from the California Coastal Commission (CCC). No work is to be performed until you have received a validated copy of the DA permit. By Federal law, no DA permit can be issued until the state has concurred with a permit applicant's CZM consistency certification. This requirement can be satisfied by obtaining CZM consistency concurrence, or providing evidence that 6 months have passed since you applied to the CCC for concurrence. Be aware that any conditions on your CZM consistency concurrence will become conditions on your DA permit, unless the Corps of Engineers deems these conditions to be either unreasonable or unenforceable. WHEN YOU RECEIVE CZM CONSISTENCY CONCURRENCE, THE FOLLOWING STEPS NEED TO BE COMPLETED: 1. The owner or authorized responsible official must sign and date both copies of the provisional permit indicating that he /she agrees to comply with all conditions stated in the permit. 2. The signer's name and title (if any) must be typed or printed below the signature. 0 0 -2- 3. Both signed provisional permits must be returned to the Corps of Engineers at the above address (Attention: CESPL- CO -R). 4. The CZM concurrence must be sent to the Corps of Engineers with the signed provisional permits. Should the CZM consistency concurrence contain conditions which might result in a modification to the provisional permit, by signing and dating both copies of the provisional perntit and returning it to the Corps of Engineers (along with the permit fee and CZM concurrence), the Corps of Engineers will assume the applicant agrees to comply with all CZM conditions which are added to the final permit. Should the CCC deny the required concurrence, then the DA permit is considered denied without prejudice. If you subsequently obtain CZM concurrence, you should contact this office to determine how to proceed with your permit application. If you have any questions, please contact Erik S. Larsen of my staff at 213 -452 -3417. Sincerely, ���� /" Mark F. Su�ol, D.Env. Chief, Regulatory Branch Enclosure(s) tA�NT OF O o.: X'a�illf�:`� ' m of " 'moo nnsos F�c REPLY TO Office of the Chief Regulatory Branch 0 0 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053 -2325 June 11, 2001 City of Newport Beach Public Works Department Attention: Bob Stein P.O. Box 1768 Newport Beach, California 92658 -8915 Dear Mr. Stein: Reference is made to your request of March 13, 2001 (File No. 200100767 -ESL). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to replace a storm drain adjacent to Washington Street on Balboa Island, Newport Bay, in Newport Bay in Newport Beach, Orange County, California. The 24 -inch storm drain footprint is expected to cover up to 0.001 -acre (76 sq. ft.) within Newport Bay, approximately 28.5 sq. ft. more than the existing 15 -inch storm drain (47.5 sq. ft.). The proposed project meets the terms and conditions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403). The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he /she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre- addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of constnlction). Thank you for participating in our regulatory program. PERMITTEE Sincerely,J I� Mark Durham Chief, South Coast Section Regulatory Branch DATE 0 0 -2- When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE Enclosure(s) DATE 0 0 -3- PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on June 11, 2003. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishin- g activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. 6. The permitee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structure work or obstructions caused thereby, without expense to the United States. No claim shall be mad against the United States on account of any such removal or alteration. Special Conditions: See attached sheet. C� Further Information: -4- 0 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). 0 -5- 0 c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. n Special Conditions: -6- I-1 u 1. The permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 2. No dredging or earthwork is authorized by this Letter of Permission. 3. No creosote treated pilings shall be placed within Newport Bay. 4. The permittee shall notify the Army Corps of Engineers of the date of commencement of operations and the date of completion of operations at least five days prior to such completion. 5. No other modifications or work shall occur to the docking structure. 6. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into Newport Bay. Upon completion of berthing improvements, any excess material or debris shall be removed from the work area. No nebbish shall be deposited within Newport Bay. 7. That the permittee shall notify the Commander Eleventh Coast Guard District POW, BLDG 50 -6 Coast Guard Island, Alameda, California, 94501 -5000, (510) 437 -2968, at least two weeks prior to start of activity and 30 days if buoys are to be placed. The notification should include the following information: a. the location of the work site; b. the size and type of equipment that will be performing the work; c. name and radio call signs for working vessels, if applicable; d. telephone number for on -site contact with project engineers; and e. the schedule for completing the project. 8. A copy of the post -survey drawings shall be sent to the following address: NOAA, National Ocean Services ATNN: N /CG2211 Map and Chart Branch SSMC3, Room 6211 1315 East -West Highway Silver Spring, Maryland 20910 9. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. -7- �� o u 0 0 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number. 200100767 -ESL Name of Permittee: City of Newport Beach Public Works Department (Mr. Bob Stein) Date of Issuance: Provisional LOP date: June 11, 2001; Final LOP yet to be authorized due to CZM. Final LOP date: Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Regulatory Branch ATTN: CESPL -CO -R- 200100767 -ESL P.O Box 532711 Los Angeles, CA 90053 -2325 Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Peruttee Da to V Qlll V1 lllk �� Santa Ana Region Peter M. Rtmoey intann Address: huA. ,w a.ca.8w Secrtloryfor 7737 Main Sncn. Suirc 300, Aiveti_d-- Glilania 92501- 9 Fmirorunemaf Pbaoe (909) 7824170 • FAX (909) 781.6288 ➢romnion September 24, 1998 Michael J. Sinacori City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92625 ?etc wawm kA Goremor C.� WASTE DISCHARGE REQUIREMENTS, ORDER NO. 98-67, NPDES NO. CAG998001 (DE MINIMUS DISCHARGES), CITY OF NEWPORT BEACH, ORANGE COUNTY Dear Mr. Sinacori: On August 24, 1998, you submitted a Notice of Intent to continue discharging wastewater from various projects .and sites within the City of Newport Beach under the terms and conditions of Regional Board's newly adopted general permit, Order No. 98 -67. This newly adopted order replaces Order No. 93-49, under which you previously had authorization to discharge. Effective immediately, you are authorized to discharge wastewater under the terms and conditions of Order No. 98 -67. Enclosed is Monitoring and Reporting Program No. 98 -67 -049 which specifies the frequency of sampling and constituents that must be monitored. Please note that modifications to the sampling frequency and constituents to be monitored can be considered on a case -by -case basis. Order No. 98 -67 will expire on July I, 2003. However, if you wish to terminate coverage under this general permit prior to that time, please notify us immediately upon project completion so that we can rescind this authorization and avoid billing you an annual fee of $400.00 If you have any questions regarding the permit or the monitoring and reporting program, please contact Wanda Smith at (909) 782 -4468 or Susan Beeson at (909) 782 -4902. Sincerely, Gerar . Thibeault Executive Officer Enclosure: Monitoring and Reporting Program No. 98 -67 -049 cc w/o enc: U.S. EPA, Region 1X - Terry Oda (WTR -5) SWRCB, DWQ - John Youngennan SKB(c)datalnb.doc California Environmental Protection Agency Q Rrprled Purr. al• C is Regional Water Quality Control Bd Santa Ana Region Monitoring and Reporting Program No. 98 -67 -049 for City of Newport Beach I. Monitoring and Reporting Requirements All monitoring reports, or information submitted to the Regional Board shall be signed and certified in accordance with CFR 122.22 2. All sampling, sample preservation, and analysis shall be performed in accordance with the latest edition of 40 CFR Part 136 "Guidelines Establishing Test Procedures for the Analysis of Pollutants ", promulgated by the United States Environmental Protection Agency, unless otherwise noted. In addition, the Board and/or EPA, at their discretion, may specify test methods which are more sensitive than those specified in 40 CFR 136. 3. All analytical data shall be reported with method detection limits (MDLs) and with identification of either practical quantitation levels (PQLs) or limits of quantitation (LOQs). 4. Whenever the discharger monitors any pollutant more frequently than is required by this general permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the discharge monitoring report specified by the Executive Officer. 5. The discharger shall deliver a copy of each monitoring report in the appropriate format to: California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 6. The discharger shall assure that records of all monitoring information are maintained and accessible for a period of at least five years from the date of the sample, report, or application. This period of retention shall be extended during the course of any unresolved litigation regarding this discharge or by the request of the Board at any time. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling, and/or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses: e. The analytical techniques or methods used; f. All sampling and analytical results; g. All monitoring equipment calibration and maintenance records; Page ! of 4 Md RP 9867 -019 NPDa No. CAC998001 • Page 1 of 4 Orly f Newport Ifeadr h. All original strip charts from continuous monitoring devices; i. All data used to complete the application for this general permit, and; j. Copies of all reports required by this general permit. 7. Weekly samples shall be collected on a representative day of each week. H. Effluent Monitoring 1. A sampling station shall be established for the point of discharge where representative samples of the discharge can be obtained before the discharge mixes with the receiving waters. 2. The following shall constitute the effluent monitoring program: ConsGtuent.`r.: Type of Sample ` Unds ? ikLnimum Fregoeney of SampIurg and Flow — gpd Daily Methylene Blue Active Substances' Grab mg/1 During the first 30 minutes of each discharge and then weekly, thereafter Total Residual Chlorine;' Grab mg/I During the first 30 minutes of each discharge and then weekly, thereafter Suspended Solids' Grab mg/1 During the first 30 minutes of each discharge and then weekly, thereafter Total Inorganic Nitrogen a Grab mg/1 During the first 30 minutes of each discharge and then weekly, thereafter Sulfides 5 Grab mg/f During the first 30 minutes of each discharge and then weekly, thereafter Phosphorous a Grab mg/1 During the first 30 minutes of each discharge and then weekly, thereafter Total Petroleum Hydrocarbons 6 Grab ug/I During the first 30 minutes of each discharge and then weekly, thereafter I Onlyfor grmodwater dewaiering projects in the vicinity of active sewer lines. Z Unless it is brown that chlorine is not in the discharge. 3 Not applicable if all wnstewnter will percolate prior to reaching receiving waters. 4 Onlyfor discharges from construction dewatering wastes, wastes association with well installation, dcvelopmenr, test pumping and purging. aquifer testing wastes, dewatering wastes from subterranean seepage and similar wnsres discharging into the San Diego CreekWewport Bay wvtershed 5 Onlyfor groundwater de— teringprojects . 6 Onlyfor groundwater dewotering projects in an area where gasoline Oaks, spills, or contamination has occurred, or where active ground. ter remediasion projects are occurring (i.e.. service station leaking underground storage mmV. 0 M6 RP 9847 -049 NPDFS No. G 6999001 City of Newport Peach M. Reporting • Page 3 of I Five days prior to any discharge from locations already reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the date and time of the proposed discharge. 2. Five days prior to any planned discharge' from locations not yet reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the following: a. Specific type of the proposed wastewater discharge (see listing on Finding 2. of the Order); b. The estimated average and maximum daily flow rates; C. The frequency and duration of the discharge; d. The affected receiving water(s); e. A description of the proposed treatment system (if appropriate); and f. A description of the path from the point of initial discharge to the ultimate location of discharge (fax a map if possible). 3. Monitoring reports shall be submitted by the 30th day of each month. The monitoring reports shall cover the previous month's monitoring activities and shall include: a. The results of all laboratory analyses for constituents required to be monitored (see Section It., above), b. The daily flow data, C. A summary of the discharge activities (when and where discharge occurred, description of type of discharge, etc.) including a report detailing the dischargers compliance or noncompliance with the requirements of the general permit and discharge authorization letter, and d. For every item where the requirements of the general permit and discharge authorization letter are not met: (1) A statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest time, and 7 For those unplanned discharges, as much prior notrfcation as possible b required before any discharge i3 initiated. M&Y 9.67 -049 NPDES Na U0001 • Page 4 a%4 Gry ojNrwpoif ttearh (2) A timetable for implementing the proposed actions. e. If no discharge occurs during the previous monitoring period, a letter to that effect shall be submitted in lieu of a monitoring report 4. All reports shall be signed by a responsible officer or duly authorized representative of the discharger and shall be submitted under penalty of perjury. Ordered by A 1q J. ihit eaulf: Executive.OtFcer SWtember 24. 1998 0 • California Regional Water Quality Control Board Santa Ana Region ORDER NO. 98 -67 NPDES No. CAG998001 GENERAL WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES TO SURFACE WATERS WHICH POSE AN INSIGNIFICANT (DE MINIMUS) THREAT TO WATER QUALITY The California Regional Water Quality Control Board, Santa Ana Region (hereinafter Board), finds that: 1. On July 16, 1993, the Board adopted Order No. 93 -49, NPDES No. CA8000234' prescribing waste discharge requirements for various types of waste discharges posing an insignificant threat to water quality. The types of discharges regulated under Order No. 93 -49 include: a. Construction dewatering wastes; b. Wastes associated with well installation, development, test pumping and purging; C. Aquifer testing wastes; d. Dewatering wastes from subterranean seepage; and e. Wastewater from hydrostatic testing. 2. On March 8, 1996, the Board adopted Order No. 96 -17, amending Order No. 93 -49 to include the following specific types of waste discharges (hereinafter de minimus discharges): a. Construction dewatering wastes; b. Wastes associated with well installation, development, test pumping and purging; C. Aquifer testing wastes; d. Dewatering wastes from subterranean seepage, except for discharges from utility company vaults; e. Discharges resulting from hydrostatic testing of vessels, pipelines, tanks, etc.; f Discharges resulting from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.; g. Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; h. Discharges from potable water supply systems resulting from system failures, pressure releases, etc.; i. Discharges from fire hydrant testing or flushing; The NPDES number was later changed to CA C998001 0 9 Order No. 98 -67, NPDES No. CA C998001 Page 2 of 13 De Minim us Discharges j. Non- contact cooling water; k. Air conditioning condensate; 1. Swimming pool drainage; m. Discharges resulting from diverted stream flows; and n. Other similar types of wastes which pose a de mWmus threat to water quality yet technically must be regulated under waste discharge requirements. 3. Order No. 93 -49, as amended, satisfied all the criteria cited in 40 CFRZ 122.28 and as such, was classified as a General NPDES Permit. 40 CFR 122.28 pertains to the issuance of general permits to regulate discharges of waste which meet the following criteria: a. Involve the same or substantially similar types of operations; b. Are of the same types; C. Require the same effluent limitations or operating conditions; d. Require the same or similar monitoring; and e. Are more appropriately regulated under a general permit rather than individual permits. 4. Order No. 93 -49, as amended, has expedited the processing of numerous applications for waste discharge requirements and the early implementation of projects requiring waste discharge requirements. The general NPDES permit has allowed the Regional Board to better utilize limited staff resources. 5. Order No. 93 -49, as amended, expired on July 1, 1998. To date, 78 dischargers have been authorized to discharge wastewater under the general permit and 58 dischargers are still active. Most of these authorized dischargers will wish to continue their coverage under the general permit. Approximately 16 new applications for coverage under the general permit are received each year. Therefore, renewal of this general permit is necessary to expedite the permitting process. 6. A revised Water Quality Control Plan (Basin Plan) became effective on January 24, 1995. The Basin Plan contains beneficial uses and water quality objectives for waters in the Santa Ana Region. 7. The existing and potential beneficial uses of surface waters in the Santa Ana Region include: a. Agricultural Supply, b. Cold Freshwater Habitat, C. Commercial and Sportfishing, d. Estuarine Habitat, 2 CFR is the Code of Federal Regulations 0 Order No. 98 -67, NPDES No. CA G998001 De Minimus Discharges 0 e. Groundwater Recharge, f. Hydropower Generation, g. Industrial Service Supply, h. Industrial Process Supply, i. Limited Warm Freshwater Habitat, j. Marine Habitat, k. Municipal and Domestic Supply, 1. Navigation, m. Non - contact Water Recreation, n. Preservation of Biological Habitats of Special Significance, o. Rare, Threatened or Endangered Species, P. Shellfish Harvesting, q. Spawning, Reproduction, and Development, r. Water Contact Recreation, S. Warm Freshwater Habitat, and t. Wildlife Habitat. Page 3 of 13 8. Many surface waters within the region recharge underlying groundwater basins. The existing and potential beneficial uses of groundwater within the Santa Ana Region include: a. Municipal and Domestic Supply, b. Agricultural Supply, C. Industrial Service Supply, and d. Industrial Process Supply. 9. The requirements contained in this general permit are necessary to implement the Basin Plan. 10. In accordance with Section 303(d) of the Clean Water Act (CWA), the Regional Board listed San Diego Creek and Newport Bay as water quality limited due to excessive nutrient input. On April 17, 1998, the Regional Board adopted a Basin Plan amendment (Resolution No. 98 -9), incorporating a San Diego Creek/Newport Bay Watershed Nutrient Total Maximum Daily Load (TMDL). The Basin Plan amendment will become effective upon approval by the State Water Resources Control Board and the Office of Administrative Law. The TMDL specifies loading targets for both nitrogen and phosphorus and includes allocations of those loads among point and nonpoint sources. Implementation of the TMDL is intended and expected to assure compliance with water quality objectives and the protection of beneficial uses. Order No. 98 -67, NPDES No. CA C998001 Page 4 of 13 De Minimus Discharges 11. In accordance with the approved Nutrient TMDL (Part 2b. Phase 1 of the Nutrient TMDL, Section 3, Revision of Existing Waste Discharge Requirements, Paragraph c.,) this general permit requires discharges from construction dewatering wastes, wastes associated with well installation, development, test pumping and purging, aquifer testing wastes, dewatering wastes from subterranean seepage (as listed in Finding 2.a through 2.d., above) and similar wastes discharging into the San Diego Creek/Newport Bay watershed to be monitored for total nitrogen and phosphorus. These data will be used to develop appropriate wasteload allocations for these discharges. (De minimus discharges as listed in Finding 2.e. through Finding 2.n., above, are not expected to contain any appreciable amount of phosphorus or nitrogen; therefore, monitoring for these constituents is not necessary for these type of discharges). (see Attachment B for San Diego Creek/Newport Bay Watershed Map). 12. This general permit does not preempt or supersede the authority of municipalities, flood control agencies, or other local agencies to prohibit, restrict, or control discharges of waste to storm drain systems or other water courses subject to their jurisdiction. 13. This general permit regulates de minimus discharges (as listed in Findings No. 2., above) to surface waters. Entity (ies) /individual (s) proposing de minimus discharges are hereinafter referred to as "discharger' and are subject to the terms and conditions of this general permit. 14. For coverage under this general permit, a discharger is required to submit a completed Notice of Intent Form (see Attachment A of this Order) together with other information required in Section H. "APPLICATION REQUIREMENTS:" and to receive approval from the Executive Officer. If the proposed discharge meets the requirements of this general permit, the Executive Officer will provide the discharger with a written authorization to initiate the discharge. If not, an individual NPDES permit will be developed for consideration by the Regional Board. 15. Any discharger proposing de minimus discharges at multiple locations within the Santa Ana Region may be covered under one discharge authorization letter on a case by case basis, subject to the approval of the Executive Officer. 16. The Executive Officer may require any discharger authorized under this general permit to apply for and obtain an individual NPDES permit. Cases where an individual NPDES permit may be required include the following: a. The discharger is not in compliance with the conditions of this general permit or the discharge authorization letter from the Executive Officer; b. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; • 0 Order No. 98 -67, NPDES No. CA C998001 Page 5 of 13 De Minimus Discharges C. Effluent limitation guidelines are promulgated for point sources covered by the general NPDES permit; d. Changes to the water quality control plan containing requirements applicable to such point sources are approved; e. The requirements of 40 CFR 122.28 (a) are not met; or f The discharge may adversely affect the water quality objectives of the receiving water. 17. De minimus discharges complying with the provisions and requirements of this general permit are not expected to violate the applicable water quality standards. 18. The de minimus discharges described in Finding No. 2 above are not expected to cause toxicity, therefore no toxicity limits are specified in this general permit. 19. Effluent limitations and national standards of performance established pursuant to Section 301, 302, 303(d), 304, 306, and 307 of the Federal CWA and amendments thereto are applicable to this type of discharges. 20. On June 8, 1989, pursuant to 40 CFR 122.28, the State Water Resources Control Board (hereinafter State Board), applied to the Environmental Protection Agency (hereinafter EPA) for revisions of its NPDES program in accordance with 40 CFR 123.62 and 403.10. The application included a request to add general permit authority to its approved NPDES program. On September 22, 1989, Region IX EPA approved the State Board's request and granted authorization for the State's issuance of general NPDES permits. 21. The Regional Board has considered antidegradation pursuant to 40 CFR 131.12 and State Board Resolution No. 68 -16 and finds that de minimus discharges are consistent with those provisions. 22. In accordance with California Water Code Section 13389, the issuance of waste discharge requirements for de minimus discharges is exempt from those provisions of the California Environmental Quality Act contained in Chapter 3 (Commencing with Section 21100), Division 13 of the Public Resources Code. 23. The Regional Board has notified interested agencies and persons of its intent to issue general waste discharge requirements for de minimus discharges, and has provided them with an opportunity to submit their written views and recommendations. 24. The Regional Board, in a public meeting, heard and considered all comments pertaining to general waste discharge requirements for de minimus discharges. Order No. 98 -67, NPDES No. CA G998001 De Minimos Discharges 0 Page 6 of 13 IT IS HEREBY ORDERED that dischargers, their agents, successors, and assigns, who are discharging the types of wastes listed in Findings No. 2, above, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder and the provisions of the Clean Water Act as amended and regulations and guidelines adopted thereunder, shall comply with the following: A. DISCHARGE SPECIFICATIONS 1. The discharge of wastewater shall not contain constituent concentrations in excess of the following limits: Constituents Maximum Concentration Oil and Grease 15 m Sulfides 0.4 m Total Residual Chlorine 0.1 m Total Suspended Solids 75 mpA Total Petroleum Hydrocarbons 100 ( b) 2. The pH of the discharge shall be within 6.5 and 8.5 pH units. 3. There shall be no visible oil and grease in the discharge. B. RECEIVING WATER LIMITATIONS: 1. The discharge of wastes shall not cause a violation of any applicable water quality standard for receiving waters adopted by the Regional Board or the State Board, as required by the Federal CWA and regulations adopted thereunder. 2. The discharge shall not cause any of the following: a. Coloration of the receiving waters which causes a nuisance or adversely affect beneficial uses. b. Result in deposition of oil, grease, wax or other materials in concentrations which result in a visible film or in coating objects in the water, or which cause a nuisance or affect beneficial uses. 3 Compliance shall be determined at a point before wastewater mires with any receiving water. Not applicable if all wastewater will percolate prior to reaching any receiving water. 0 0 Order No. 98 -67, NPDES No. CA G998001 Page 7 of 13 De Minimus Discharges C. The increase in the amounts of suspended or settleable solids of the receiving waters which will cause a nuisance or adversely affect beneficial uses as a result of controllable water quality factors. d. Contain taste or odor producing substances at concentrations which cause a nuisance or adversely affect beneficial uses. e. The presence of radioactive materials in concentrations which are deleterious to human, plant or animal life. L The depletion of the dissolved oxygen concentration below 5.0 mg/1 in the receiving water. In addition, the waste discharge shall not cause the median dissolved oxygen concentration to fall below 85% of saturation or the 95th percentile concentration to fall below 75% of saturation within a 30 -day period. g. Raise the temperature of the receiving waters above 90 °F (32 °C) which normally occurs during the period of June through October, or above 78 °F (26 °C) during the rest of the year. h. Pollutants not specifically mentioned and limited in this Order shall not be discharged at levels that will bioaccumulate in aquatic resources to levels which are harmful to human health. C. I. The discharge of oil, trash, industrial waste sludge, or other solids directly to the surface waters in this region or in any manner which could ultimately affect surface waters in this region is prohibited. 2. The discharge of any substances in concentrations toxic to animal or plant life is prohibited. 3. Odors, vectors, and other nuisances of waste origin are prohibited beyond the limits of each discharger's facility. 4. Unless approved by the Executive Officer, the addition of chemicals to the discharge is prohibited. D. PROVISIONS: 1. Neither the treatment or discharge of pollutants shall create a nuisance or pollution as defined by Section 13050 of the California Water Code. 0 0 Order No. 98 -67, NPDES No. CA G998001 Page 8o(]3 De Minimus Discharges This general permit shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal CWA or amendments thereto. This general permit shall become effective 10 days after the date of its adoption provided the Regional Administrator of the Environmental Protection Agency has no objections. If the Regional Administrator objects to its issuance, the permit shall not become effective until such objection is withdrawn. 3. This general permit expires on July 1, 2003. However, it shall continue in force and effect until a new general permit is issued. Only those dischargers authorized to discharge under the expiring general permit will be regulated by the continued general permit. Upon reissuance of a new general permit, the dischargers shall file a notice of intent within 45 days of the effective date of the new general permit and obtain a new authorization to discharge from the Executive Officer. 4. Upon receipt of an application to discharge waste under this general permit, the Executive Officer shall determine whether the proposed discharge is eligible for coverage under this general permit, after which, the Executive Officer shall; a. Authorize the proposed discharge by transmitting a 'Discharge Authorization Letter" to the discharge proponent (now an "authorized discharger') or, b. Require the discharge proponent to obtain an individual NPDES permit prior to any discharge to surface waters within the Santa Ana Region. 5. The discharge authorization letter from the Executive Officer shall: a. Authorize the initiation of the proposed discharge under the terms and conditions of this Order, b. Include a Monitoring and Reporting Program developed for the proposed discharge. The discharge authorization letter may be terminated or revised by the Executive Officer at any time. 6. The Executive Officer is authorized to issue a single discharge authorization letter to a discharger proposing unknown future de minimus discharges at multiple locations within the Santa Region, provided that the general nature of the discharges and the general locations are reported and included in the application to discharge wastes under this general permit and that at least five days prior to each discharge, more detailed information regarding each discharge is reported. 0 0 Order No. 98 -67, NPDES No. CA C998001 Page 9 of 13 De Minimus Discharges 7. Monitoring and Reporting Program No. 98 -67 included with this general permit shall serve as a template for the Monitoring and Reporting Program (M &RP) to be issued by the Executive Officer to each discharger authorized under this general permit. Revision of the M &RP by the Executive Officer may be necessary to confirm that the discharger is in compliance with the requirements and provisions contained in this general permit. Revision may be made at any time during the term of the discharge authorization, and may include a reduction or an increase in the number of parameters to be monitored, the frequency of monitoring or the number and size of samples collected. 8. De minimus discharges from construction dewatering wastes, wastes associated with well installation, development, test pumping and purging, aquifer testing wastes, dewatering wastes from subterranean seepage (as listed in Finding 2.a through 2.d., above) and similar wastes discharging into the San Diego Creek/Newport Bay watershed shall be monitored for total nitrogen and phosphorus. 9. The discharger shall comply with all requirements of this general permit, the terms, conditions and limitations of the discharge authorization letter; and the Monitoring and Reporting Program issued by the Executive Officer. 10. The discharger shall take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment. 11. The discharger shall take all reasonable steps to minimize any adverse impact to receiving waters resulting from noncompliance with any discharge limitations specified in this general permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 12. The discharger shall comply with discharge standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this general permit has not yet been modified to incorporate the requirement. 13. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the discharger from his liabilities under federal, state, or local laws, nor guarantee the discharger a capacity right in the receiving waters. 14. The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provisions of this general permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit shall not be affected thereby. 15. This general permit does not convey any property rights of any sort, or any exclusive privilege. 0 0 Order No. 98 -67, NPDES No. CA G998001 Page 10 or 13 De Minimus Discharges 16. An authorization to discharge wastes under this general permit is not transferable to any person except after notice to and approval by the Executive Officer. 17. Any violation of this general permit constitutes a violation of the CWA, its regulations, and the California Water Code, and is grounds for enforcement action and/or termination of the authorization to discharge. 18. Any permit noncompliance constitutes a violation of the CWA and the California Water Code and is grounds for enforcement action; for permit or authorization letter termination, revocation and reissuance, or modification; the issuance of an individual permit; or for denial of a renewal application. 19. Compliance determinations shall be based on available analyses for the time interval associated with the discharge limitation. Where only one sample analysis is available in a specified time interval (e.g., weekly, monthly), that sample shall serve to characterize the discharge for the entire interval. 20. The Regional Board, EPA, and other authorized representatives shall be allowed: a. Entry upon premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this general permit; b. Access to copy any records that are kept under the conditions of the general permit; C. To inspect any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. To photograph, sample and monitor for the purpose of assuring compliance with this general permit, or as otherwise authorized by the CWA. E. PERMIT REOPENING. REVISION. REVOCATION. AND RE- ISSUANCE: 1. If more stringent applicable water quality standards are promulgated or approved pursuant to Section 303 of the Federal CWA, or amendments thereto, the Board will revise and modify this general permit in accordance with such standards. 2. This general permit may be reopened to address any changes in State or federal plans, policies or regulations which would affect the quality requirements for the discharges. 3. This general permit may be modified by the Regional Board prior to the expiration date to include discharge or receiving water limitations for toxic constituents determined to be present in significant amounts in the discharge through the comprehensive monitoring program included as part of this general permit. 0 0 Order No. 98 -67, NPDES No. CAG998001 Page 11 o(13 De Minimus Discharges 4. This general permit may be modified, revoked and reissued, or terminated for cause. F. PENALTIES: 1. The CWA provides that any person who violates a provision implementing sections 301, 302, 306, 307, or 308 of the CWA is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates provisions implementing these sections of the CWA is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. 2. The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both. 3. The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. 4. The California Water Code provides that any person who violates a waste discharge requirement or a provision of the California Water Code is subject to civil penalties of up to $5,000 per day, $10,000 per day, or $25,000 per day of violation, or when the violation involves the discharge of pollutants, is subject to civil penalties of up to $10 per gallon per day, or $20 per gallon per day of violation; or some combination thereof, depending on the violation, or upon the combination of violations. G. REQUIRED REPORTS AND NOTICES: 1. Reporting Provisions: a. All applications, reports, or information submitted to the Regional Board shall be signed and certified in accordance with 40 CFR 122.22. b. Any discharger authorized to discharge waste under this general permit shall furnish, within a reasonable time, any information the Regional Board or EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating their authorization or this general permit. The discharger shall also furnish to the Regional Board, upon request, copies of records required to be kept by this general permit. c- Except for data determined to be confidential under Section 308 of the CWA, all reports prepared in accordance with the terms of this general permit shall be 0 Order No. 98 -67, NPDES No. CA 6998001 Page 12 of 13 De Minimus Discharges available for public inspection at the offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the CWA, effluent data shall not be considered confidential. Knowingly making any false statements on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Section 13387 of the California Water Code. 2. The discharger shall give advance notice to the Regional Board of any planned changes in the permitted facility or activity that may result in noncompliance with these waste discharge requirements. 3. In the event of any change in control or ownership of land or waste discharge facilities currently owned or controlled by the discharger, the discharger shall notify the succeeding owner or operator of the existence of their authorization to discharge wastewater under Us general permit by letter, a copy of which together with the signed agreement between previous owner and the new owner accepting responsibility and liability for complying with this general permit shall be forwarded to the Executive Officer. 4. Upon completion of the project, the discharger shall notify the Executive Officer of the Regional Board in writing about cessation of the discharge and shall request for termination of coverage under this general permit. H. APPLICATION REQUIREMENTS: 1. Dischargers already covered under Order No. 93 -49 and those dischargers under individual permits who wish to be and believe they can and should be covered under this renewed general permit shall submit a completed Notice of Intent Form (see Attachment A of Order No. 98 -67) within 45 days of adoption of this general permit. In addition, those dischargers who want to request a modification to the Template Monitoring and Reporting Program shall specifically state the modification being requested and shall submit information/justification supporting their request. The Executive Officer may also require the discharger to submit additional information about any recent change in ownership of facility, changes in the character and treatment of the discharges and any other relevant information that will update facility information which are on the Regional Board files. 2. FOR A NEW DISCHARGERS: At least 60 days before the start of a discharge, the discharger shall submit an application and obtain the authorization letter from the Executive Officer to discharge wastewater. The application shall consist of the following information: 5 New discharger is an entity /individual who is not currently authorized to discharge waste under this general permit and who is proposing de minim us discharges to he covered under this general permit. Order No. 98 -67, NPDES No. CA C998001 Page 13 of 13 De Minimus Discharges a. Completed Notice of Intent Form (see Attachment A of this Order). b. For projects involving well development, well purging and groundwater extraction, a site characterization study report defining the proximity of the extraction well to known contaminated sites, the presence of contaminated groundwater onsite, contaminants and their properties, and a three dimensional assessment of the extent and concentration of contaminants in the subsurface. The study report shall include a description of the geologic and hydrologic factors that control the migration of the contaminants. It shall also include a list of known or suspected leaking underground tanks and other facilities or operations which have, or may have impacted the quality of the underlying groundwater wi thin 200 feet of the site. C. A report which shall include the following: 1) Characterization of the proposed wastewater discharge; 2) The estimated average and maximum daily flow rates; 3) The frequency and duration of the discharge; 4) The affected receiving water(s); 5) A description of the proposed treatment system (if appropriate); and 6) A map showing the path from the point of initial discharge to the ultimate location of discharge; d. Any other information deemed necessary by the Executive Officer. I, Gerard J. Thibeault, Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an general permit adopted by the California Regional Water Quality Control Board, Santa Ana Region, on July 10, 1998. Gerard J. Thibeault Executive Officer California Regional Water Quality Control Board Santa Ana Region Template Monitoring and Reporting Program No. 98 -67 NPDES NO. CAG998001 GENERAL WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES TO SURFACE WATERS WHICH POSE AN INSIGNIFICANT (DE MINIMUS) THREAT TO WATER QUALITY I. MONITORING AND REPORTING REQUIREMENTS: Monitoring and reporting shall be in accordance with the following: 1. All monitoring reports, or information submitted to the Regional Board shall be signed and certified in accordance with 40 CFR 122.22. 2. All sampling, sample preservation, and analysis shall be performed in accordance with the latest edition of 40 CFR Part 136 "Guidelines Establishing Test Procedures for the Analysis of Pollutants ", promulgated by the United States Environmental Protection Agency, unless otherwise noted. In addition, the Board and/or EPA, at their discretion, may specify test methods which are more sensitive than those specified in 40 CFR 136. 3. All analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Services or EPA or at laboratories approved by the Executive Officer of the Regional Board. 4. All analytical data shall be reported with method detection limits (MDLs) and with identification of either practical quantitation levels (PQLs) or limits of quantitation (LOQs). 5. Whenever the discharger monitors any pollutant more frequently than is required by this general permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the discharge monitoring report specified by the Executive Officer. 6. The discharger shall deliver a copy of each monitoring report in the appropriate format to: California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500 Riverside, CA 92501 -3348 7. The discharger shall assure that records of all monitoring information are maintained and accessible for a period of at least five years from the date of the sample, report, or application. This period of retention shall be extended during the course of any unresolved litigation regarding this discharge or by the request of the Board at any time. Records of monitoring information shall include: 0 0 Order No. 98 -67, NPDES No. CA 6998001 De Minimus Discharges a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling, and/or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; f All sampling and analytical results; g. All monitoring equipment calibration and maintenance records; h. All original strip charts from continuous monitoring devices; L All data used to complete the application for this general permit; and, j. Copies of all reports required by this general permit. 7. Weekly samples shall be collected on a representative day of each week. 8. Monthly samples shall be collected on a representative day of the month. Page 2 of 9 9. Quarterly samples shall be collected on a representative day of March, June, September, and December. 10. Semi - Annual samples shall be collected at the initiation of the project for the first sample and during January and July thereafter. 11. Annual samples shall be collected on the month the discharge authorization letter was issued. 11. 1. A sampling station shall be established for the point of discharge where representative samples of the discharge can be obtained before the discharge mixes with the receiving waters. 2. The following shall constitute the effluent monitoring program: CONSTITUENT TYPE OF UNITS MINIMUM FREQUENCY OF SAMPLE SAMPLING AND ANALYSIS Flow -- - - - - -- d Dail During the first 30 minutes of Oil and Grease Grab mg/I each discharge and as directed by the Executive Officer, thereafter Sulfides Grab mg/1 " Total Residual Chlorine ' Grab m /I Total Suspended Solids Grab m /I Unless it is known that chlorine is not in the discharge. Not applicable if all wastewater will percolate prior to reaching receiving waters. 0 Order No. 98 -67, NPDES No. CA G998001 De Minimus Discharges L Page 3 of d CONSTITUENT TYPE OF UNITS MINIMUM FREQUENCY OF SAMPLE SAMPLING AND ANALYSIS During the first 30 minutes of Total Dissolved Solids (TDS) Grab mg/I each discharge and as directed by the Executive Officer, thereafter Phos horns Grab m " Total Nitrogen Grab m " Total Petroleum H drocarbons Grab " Ill. REPORTING: 1. Five days prior to any discharge from locations already reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the date and time of the proposed discharge. 2. Five days prior to any planned discharge from locations not yet reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the following: 1) Specific type of the proposed wastewater discharge (see listing on Finding 2 of the Order); 2) The estimated average and maximum daily flow rates; 3) The frequency and duration of the discharge; 4) The affected receiving water(s); 5) A description of the proposed treatment system (if appropriate); and 6) A description of the path from the point of initial discharge to the ultimate location of discharge (fax a map if possible); 3. Monitoring reports shall be submitted by the 30th day of each month.. The monitoring reports shall cover the previous month's monitoring activities and shall include: a. The results of all laboratory analyses for constituents required to be monitored (see Section II. above), Applicable only to discharges from construction dewatering wastes, wastes associated with well installation, development, test pumping and purging, aquifer testing wastes, dewatering wastes from subterranean seepage and .similar wastes discharging into the San Diego Creek/Newport Bay watershed. 4 For those unplanned discharges. as much prior notification as possible is required before any discharge is initiated. • Order No. 98 -67, NPDES No. CA C998001 Page 4 of 4 De Minimus Discharges b. The daily flow data, C. A summary of the discharge activities (when and where discharged occurred, description of type of discharge, etc.) including a report detailing the discharger's compliance or noncompliance with the requirements of the general permit and discharge authorization letter, and d. For every item where the requirements of the general permit and discharge authorization letter are not met: 1) a statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest time, and 2) a timetable for implementing the proposed actions. e. If no discharge occurs during the previous monitoring period, a letter to that effect shall be submitted in lieu of a monitoring report. 4. All reports shall be signed by a responsible officer or duly authorized representative of the discharger and shall be submitted under penalty of perjury. Ordered by: Gerard J. Thibeault Executive Officer July 10, 1998 I. 4kitomia Regional Water Quality Control 13'i Santa Ana Region TO COMPLY WITH THE TERMS AND CONDITIONS OF THE GENERAL PERMIT TO DISCHARGE WASTEWATER WHICH POSES INSIGNIFICANT THREAT TO WATER QUALITY (Order No. 9857, NPDES No. CAG998001) PERMITTEE (Person /Agency Responsible for the Discharge) Agency /Company N Address: Street Contact Person:_ II. FACILITY Name:. Location: M. LUT V. City State Phone:_(_ ZIP Street City State ZIP Contact Person: Phone: BILLING INFORMATION (Where annual fee invoices should be sent) Agency /Company Name: Address: Street Contact Person: City INDICATE EXISTING PERMIT Ni JMBER: (if applicable) a. Individual permit Order No. NPDES No. b. General Permit Order No. 93 -49- CERTIFICATION: Phone: State V41A I certify under penalty of law that I am an authorized representative of the permittee and that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in the application, I believe the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility offine and imprisonment. In addition, I certify that the permittee will comply with the terms and conditions stipulated in Order No. 98 -67 including the monitoring and reporting program issued by the Executive Officer of the Regional Board Name and Official Title: Signature: (type or Date: Remarks. If changes to facility ownership and /or ureaunent processes were made after the issuance of the existing pernit, please provide a descriptimi ufaucl+ changes on another sheet and smbnhit it with this :%`once ofbnent. STATE OF CALIFORNIA -THE RESOURCES j CALIFUKNIA 1 Ii SOUTH COAST AREA OFFICE P O BOX 1450 200 OCEANGATE 10n FLOOR LONG BEACH, CA 906024325 (562) 590 -5071 Date: August 14,2001 Permit Application No.: 5 -01 -029 Page: 1 of 6 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) GRAY DAVIS, Gov mop THIS IS NOT A COASTAL DEVELOPMENT PERMIT THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ( "CDP "), A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the aoDlicant has fulfilled each of the "prior to issual Conditions for this permit is attached. i yi 6 A list of all of the Special The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On August 7, 2001, the California Coastal Commission approved Coastal Development Permit No. 5 -01 -029, requested by City Of Newport Beach Department Of Public Works, Attn: Bill Patapoff subject to the attached conditions, for development consisting of: Proposed redevelopment will construct street, sidewalk, sewer, water, irrigation, hardscape, landscape and lighting throughout the Balboa Village area. In addition, redesign of Balboa Village parking, reconfiguration of the Balboa Pier Parking Lot, improvements to Peninsula Park and Pier Plaza, reconstruction of the Balboa Pier and Washington Street restrooms, installation of an Odor Control System, installation of catch basins and filters, installation of a larger water main, installation of a new storm drain system and replace a storm drain pipe that outlets into Newport Bay Harbor. More specifically described in the application file in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. NOACE OF INTENT TO ISSUE RFoRMIT \ (Uph satisfaction of special con ns) Date: 7 August 2001 Permit Application No.: 5 -01 -029 Page 2 of 6 The development is within the coastal zone in Adams Street, Edgewater, A Street & Oceanfront, also includes Peninsula Park & the Balboa Pier Parking lot, Newport Beach (Orange County) . If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5 -01 -029, please contact the Coastal Program Analyst identified below. Sincerely, PETER M. Coastal Pr c r m Analyst Date: August 14,2001 ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. o ' Da rmittee Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. NOS& OF INTENT TO ISSUE PE IIT_ (Upo satisfaction of special conditl s) Date: 7 August 2001 Permit Application No.: 5 -01 -029 Page 3 of 6 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris The permittee shall comply with the following construction - related requirements: (a) No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain leading to the ocean; (b) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; (c) Erosion control /sedimentation Best Management Practices (BMP's) shall be used to control sedimentation impacts to coastal waters during construction. BMPs shall include, but are not limited to: placement of sand bags around drainage inlets to prevent runoffisediment transport into the storm drain system and a pre- construction meeting to review procedural and BMP guidelines; (d) Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris, which may be discharged into coastal waters. 2. Best Management Practices A. The applicant shall implement structural and /or non - structural Best Management Practices (BMP's) designed to minimize pollutant loads contained in runoff prior to entering the storm water conveyance system and to maintain post - development peak runoff rate and average volume from the site at levels similar to pre - development conditions, to the extent feasible. The BMPs may include, but are not limited to: (i) Design elements that serve to minimize directly connected impervious NQ&CE OF INTENT TO ISSUE WWMIT (LWn satisfaction of special con ons) Date: 7 August 2001 Permit Application No.: 5 -01 -029 Page 4 of 6 area and maintain permeable space within the development shall be incorporated where feasible. Options include the use of alternative design features such as concrete grid driveways and /or pavers for walkways, and /or porous material for or near walkways and driveways; (ii) Sweep parking lot(s) and streets with a vacuum regenerative sweeper on a daily basis during the summer season (the period starting the day before Memorial Day weekend and ending the day after Labor Day weekend of any year) and three times a week during the off- season (the period starting the day after Labor Day weekend and ending the day before the Memorial Day weekend of any year); (iii) Installation of catch basin inserts or vegetative or other media filtration devices effective at trapping and /or mitigating contaminants such as petroleum hydrocarbons, heavy metals and particulates, in addition to trash and large debris. Selected BMPs (or suites of BMPs) shall be designed to treat, infiltrate or filter the stormwater runoff from each runoff event up to and including the 85th percentile, 24 -hour runoff event for volume based BMPs and /or the 85`h percentile, 1 hour event, with an appropriate safety factor, for flow -based BMPs; (iv) Routine maintenance, including inspection and regular cleaning of approved BMPs, to ensure their effectiveness prior to, and during, each rainy season from October 15�h through April 315` of each year. Debris and other water pollutants contained in BMP device(s) will be contained and disposed of in a proper manner on a regular basis. All BMP traps /separators and /or filters must be cleaned prior to the start of the winter storm season, no later than October 15`h each year. The BMP's shall be maintained to uphold their functionality. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a plan indicating the type(s) of BMPs to be installed, sizing specifications where applicable, and the locations where the BMPs will be installed. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is necessary. NOTMK OF INTENT TO ISSUE PEMIT (Up satisfaction of special conditi s) Date: 7 August 2001 Permit Application No.: 5 -01 -029 Page 5 of 6 3. Traffic Control Plan PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the Executive Director's review and approval, a final traffic control plan that is in conformance with the submitted conceptual traffic control plan. (A) The permittee shall undertake development in accordance with the approved final traffic plan. Any proposed changes to the approved final traffic control plan shall be reported to the Executive Director. No changes to the approved final traffic control plan shall occur without a Commission amendment unless the Executive Director determines that no amendment is required. 4. Timing of Construction By acceptance of this permit, the applicant agrees to minimize adverse impacts to public use of Balboa Beach and Pier resulting from construction activities as required below: (A) For the period starting the day before the Memorial Day weekend and ending the day after the Labor Day weekend of any year, no construction shall occur and restrooms and parking lots shall be fully open for the public. (B) For the period starting the day after the Labor Day weekend and ending the day before the Memorial Day weekend of any year, construction will occur. (1) In the event that the restrooms are not open for public use, portable toilets shall be provided. (a) For the Balboa Pier restroom, a minimum of twenty portable toilets shall be provided. (b) For the Washington Street restroom, a minimum of seven portable toilets shall be provided. (2) The Balboa Pier Parking Lot shall be open for public use and a minimum of 240 parking spaces shall be available for public parking during Phase 1. 5. Assumption of Risk, Waiver of Liability and Indemnification Agreement (A) By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from storm events, flooding, and erosion; WITICE OF INTENT TO ISSUEkERMIT Won satisfaction of special co ions) t' Date: 7 August 2001 Permit Application No.: 5 -01 -029 Page 6of6 (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defiance of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. (B) Prior to any conveyance of the property that is the subject of this coastal development permit, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director incorporating all of the above terms of subsection (A) of this condition. The restriction shall include a legal description of the applicant's entire parcel. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. (C) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a written agreement in a form and content acceptable to the Executive Director, incorporating all of the above terms of this condition. 6. Proof of Legal Interest PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, written documentation demonstrating that it has the legal ability to carry out the proposed project where the project encroaches onto land not owned by the City of Newport Beach. NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT C)OCUMENT(S) BE.....:.:s .; :: �J� RECORDED WITH THE COUNTY RECORDER, YOU WILI. RECEIVE THE.LEGAL `{ FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM 1 I 4 SAN FRANCISCO; ; OFFICE, AFTER YOU HAVE SIGNED AND RETURNED -11 IE DUPLICATE.COP�C . THIS FORM. WHEN YOU RECEIVE THE DOCUMENTS, 11= YOU HAVEANXs;' "`" QUESTIONS, PLEASE CALL THE LEGAL DEPARTMENT AT (415) 904- 5200: '. FJSYfGmorsV1o12001. MNw9os12001 Wrs `Uo1.029 nb wwic wales nmw of intVLAM 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 2:00 p.m. on the 20th day of September 2001, at which time such bids shall be opened and read for BALBOA VILLAGE IMPROVEMENTS PHASE 1 Title of Project Contract No. 3333 $ 3,300,000 Engineer's Estimate 'St hen G. Badum Pdblic Works Director Prospective bidders may purchase one set of reduced drawings (11" x 17 ") and specifications at a cost of $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Contractor License Classification(s) required for this project: "A" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 TABLE OF CONTENTS NOTICEINVITING BIDS ........................... ............................... ..........................Cover INSTRUCTION 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 (CIVIL) .................................. ...........................SP -1 SECTION B SPECIAL PROVISIONS FOR TIDE GATE, OPERATORS AND CONTROLS ....... B -1 SECTION C SPECIAL PROVISIONS FOR INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT VARIOUS LOCATIONS ...................................................... ............ C -1 SPECIAL PROVISIONS FOR BALBOA VILLAGE STREET LIGHTING ..............0 -12 SECTION D SPECIAL PROVISIONS FOR HARDSCAPE AND LANDSCAPE ..........................D -1 0 0 SECTION E SPECIAL PROVISIONS FOR IRRIGATION ............................... ............................E -1 SECTION F SPECIAL PROVISIONS FOR LITHOCRETE ARCHITECTURAL CONCRETE PAVING AND SIDEWALK .......................................................... ............................F -1 APPENDICES APPENDIX A - STANDARD PLANS AND DRAWINGS AMERICAN PUBLIC WORKS ASSOCIATION COUNTY SANITATION DISTRICTS OF ORANGE COUNTY APPENDIX B - EXCERPTS FROM GEOTECHNICAL REPORT BY DIAZ - YOURMAN & ASSOCIATES APPENDIX C - HORTICULTURAL REPORT BY SOIL PLANT LABORATORY, INC. APPENDIX D - CROSS SECTIONS BALBOA BOULEVARD (1 -Inch Cold Mill PCC / 2 -Inch Rubberized AC over AC Leveling Course) BALBOA BOULEVARD (2 -Inch Rubberized AC over 3 -Inch AC over 6 -Inch UB) APPENDIX E - PERMITS 1l E 0 Contract No. C -3333 The Special Provisions contained herein have been prepared by or under the direction of the following Registered Persons: Street, st m drain, sewer, and water. and 3 No.39j Exp\!V o1 and parking lot lighting, traffic control, hardscape, and irrigation. City of Ne*port Beach Recommended for Approval E©ni OF /QROFESSIpN�\ v,. F06, No. LO 20258 a J> C TV k �P OF CAUF�� Fyp ft�_aL No 42G03 * Exp • • Page 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 INSTRUCTIONS TO BIDDERS 1. A pre - construction meeting will be held on September 11"', 2001 at 9 a.m. in the City Council Chambers. City staff will be available to answer questions about the construction documents. 2. Full size drawings can be obtained for a fee (approximately $250 for the first set) from CR Reprographics (714- 751 - 2680). 3. This project will use federal Community Development Block Grant funds for a portion of the construction costs. Therefore, this project will be subject to the certification, compliance and reporting requirements of the Davis -Bacon Act (29 CFR 5.5(a)), U.S. Department of Housing and Urban Development Section 3 regulations (24 CFR part 135), Copeland Act (29 CFR 3), labor safety standards and other federal requirements. An addendum to the City of Newport Beach Contract will be issued listing the specific requirements and certifications necessary to complete the bid package. 4. 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 5. Cash, certified check or cashier's check (sum not less than 10 percent 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. 6. 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. 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. 8. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 9. Bidders are advised that the Lithocrete installation is a specialized discipline and must be installed by a contractor licensed to install this material. In Southern California, the only contractor licensed and pre - qualified for this work is Shaw & Sons, 829 W. 17,' Street, Ste. 5, Costa Mesa, CA 92627, (Contact: Paul Taylor (949 -642 - 0660). See Section F for Lithocrete specifications. E Page 2 The Bid Schedule stipulates the contract unit prices for installation of the different Lithocrete bid items. An additional discretionary bid item entitled, " Lithocrete Oversight and Administration" is included in the bid schedule. 10. Note that the drawing set shows proposed improvements for Phases 1, 2 and 3. However, bids shall be for all bid items to be constructed in Phase 1 only. Bid item quantities for Phases 2 and 3 shall not be included in this bid. Each sheet calls out which phase the proposed improvements will be constructed. Some sheets in the drawings set do not include any work in Phase 1 (for example Sheet 7) and are included only as a reference. See the location map on the title sheet for the areas of Phase 1 work. 11. 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 a discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of an error in the multiplication of an estimated quantity by a 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. 12. 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. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 13. This project is subject to the provisions of the Davis -Bacon Act. Any contract entered into pursuant to this notice shall incorporate the provisions of the Federal Labor Standards which are on file at the Public Works Department 14. 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) — except whenever such provisions are superseded by Federal Regulations. 15. 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". 16. 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. I � '1351P OJ& "A " Contractor's License No. & Classification A 0,( C�r►�frun o�, � . Bidder Auth zed ignature & Title FI6(!d 'cl7W. Date • • Page 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 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 f Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BI ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA VILLAGE IMPROVEMENTS PHASE 1 , Contract No. 3333 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 17th day of SEPTEMBER 2001, GCI CONSTRUCTION, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY 01 Name of Surety AMERICA 21688 GATEWAY CENTER DRIVE Address of Surety P.O. BOX 6512 DIAMOND BAR, CA 91765 -8512 (909) 612 -3000 Telephone uthon ed Si natum/Titl F Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ANOWLEDOMENT • State of California County of orange On before me, Janet L. Russell — Notary Public DATE _ I NAME. TITLE OF OFFICER - E.G..'1ANE OOE, NOTARY PUBLIC' personally appeared OC QU{ � In U NAMEIS) OF SIGNERISI ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed _ the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET L. RUSSELL N --� NOTARY PUBLIC -CALIFORNIA Orange County My Comm. Expires Dec. 21, 2001 WITNESS my hand an official seal. �� n n / I/, /L1 n L. RUssell'IGNAVREOFNOTARY Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 80 -1133 3/90 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184, Canoga Park, CA 91309-7186 STATE OF CALIFORNIA • • SS. COUi \`Tl' OF RIVERSIDE R_ STANDLEY PERSO \TALLY APPEARED - - -- MICHAEL D. STONG - - -- personally }mown to me (car , ) to be the person44%vhose name(-',j- is /'+I - ubscribed to the within instrument and acknowl- cdged to me that he /fey executed the same in his/ -"rr�44Iauthorized eapacity(ies), and that by his /lrc/ Fier signatureTa) on the instrument the persot�4, or the entity upon behalf of which the person(s) acted, executed the instrument. VdIIT'ESS my hand and official seal. Signature OPTIONAL R. STANDLEY h,- COMM. #1263272 s NOTARY PUBLIC- CALIFORNIA T ¢,ayj RIVERSIDE COUNTY �`••-! My Comm. Expires June 7, 2001 This art for 0,Ticol Notarial Sca! Though the date below is not required by law, it may prove valuable to persons relying on the document and could prevent Gaudu!ent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER TITLES) LI PARTNER(S) ❑ LIMITED ATTORNEY-INI -FACT ❑ TRUSTEE(S) ❑ GUARUANfCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PEFSONs) OR E:rntt(!ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE 0,9 TYPE OF DOCUMENT NJ %IBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE °" KC1.6,9' ALL — PURPOSE ACKNOWLEDGEMENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRERS CASUALTY AND SURETY COMPAIM ARINUNGTON CASUALTY COMPANY MW Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies') hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. String, Shawn Blume, Susan C. Monteon, Rosemary Standley, of Riverside, California, their true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Pact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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Jo ,S.IUlaaaaS luulslssV 'pa1121sIapun mil `I HIVJIRL-dHJ llneailal "O aijeW ailgnd /ueloN 9ooZ 'OE aunt sajidxa uoissiwwoo Avj `' �� �0 Joaagi suonnlosgd 2ulpue13 aqi iapun D:)Wo jaq /slq Jo diuorline .iq suopuiodjoo aql Jo Jiugaq uo luawnuisui pms atp palnoaxa ags/aq legi pue '.smas aiujodjoo gans anu luawrulsui plus aqi of pox W sleas oqi legi `suomuodioo pms Jo smas aql smoinl ogs/ag iugl `wamnsul anoge aql painaaxa ganim puu ul paquosap suonulodioo agi `ANVdl4lOJ AIIVRSVJ N0I9NIIII2IV4 Puv ANVcMIOJ ALaNng QNV AL'IVIISVJ 9H3'IHAV-d.L `VJRI3lily AO ANVdINOJ AIHIIIlS QNV AI'IVOSVJ S-dl'I3AVHI Jo luaPlsald aalA aoluaS sr ags /og legl :,Sus pue asodap plp 'woAis ,Slap aw Aq 2ulaq 'oqm `u.aou)i aw of NOSd wom, 'M afmoaJ awuo SlIvuosrad aw aiopq i OOZ 'Isn2nV Jo ,Sup glSZ sigi uO luapisaJd aalAJoivaS uosdwoq.L rM o6JOa0 ANVdNIOJ AI•IVfISVJ NOIONIN ava AN' YINIOJ AIRMS QNV AI7Vf1SVJ S113'13AYlU VJTHH3NiV dO ANVdMOJ A13HOS QNV AI7Vf7SVJ S83'I3AVZU DilllVH �Q \fN,w Wu H) Cmoa.LWVH 30 A I.NII00 PI0JInH 'SS( .1- ODUDaNNOD 30 H.LVIS 1002 lsn2ny Jo iep g7gZ snp paxWr oianq oq of sluas aluiodroo Tarp puu luaplsald'J A aoluag nags Sq pau2is aq of ivaumilsul snll posnua aneq ANV&WO3 AI'IVfISVJ NOIJNILS dVd Pue ANWHOD AIMIS QNV AI'IVIISVJ SII3'I3AViHI `VJRH3WV dO ANVJWOJ AIMIS QNV AI1VfISVJ S—d3'IAAVZHI `aOaHaHM SS3NIIM M 0 0 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of August 2001. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD .. �S�rry FiAflfF� w IIARfFORD, <' 1 y g j� p CONY /J £ CONN. o • ; N TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 28th day of August, 2001 before me personally carne GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument anent are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. ��.TIET� TAq pllBll�� l;S'F' CERTIFICATE r�oM�. e i��nenul.� My commission expires June 30, 2006 Notary Public Marie C. Tetreault 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signel and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 171� day of 200). 'ko SLL rry 3nA�� ! 'e a' fiiFOfl0. t 8(a A �' p r a � In KoriM.Johanson Assistant Secretary, Bond Page 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 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 -:1 o 10. GG axlsi ayfion Bidder Aufhorize6 Signaturerritle 0 Page 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 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 Person Telephone To Contact Number SCI Bidder Authori naturefTitle F 9C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT CITY OF ANAHEIM 038 Illinois Street Water Main Replacement Project j 565,720 200 S. Anaheim Blvd. Anaheim, CA 92805 (714) 765 -5100 _ �— _ CITY OF FOUNTAIN VALLEY— 017 Park & Ride Lot at the Fountain Valley 166,669 10200 Slater Avenue Recreation Center Fountain Valley, CA 92708 (714) 593 -4400 _..._...... ........ ..... .... ...... CITY OF INDUSTRY ...... 077 ........... _. ... ... Parriott Place West Street Improvements 1,614,179 INDUSTRY URBAN- DEVELPMT.AGENCY 15651 E. Stafford Street i City of Industry, CA 91744 (626) 333 -2211 _ CITY OF LAGUNA BEACH __-_ — :025 - -_ _. ..____ _ _ ._ ..___ .. Virginia _ —__ Park _ Drive, .. Sk —yline D.rive _ &Vista __� ___-___ ._.. -.... 315,315 505 Forest Avenue Lane Storm Drain Laguna Beach, CA 92651 059 Park Avenue Storm Drain Improvements 52,604 (949)497 -0351 _. ..... ... ... .... CITY OF MISSION VIEJO . ......_ 089 .......... _ LaPaz/ Muirlands Intersection Improvements . .._..-. 809,720 25909 Pala, Suite 200 Mission Viejo, CA 92691 (949) 470 -3052 CITY OF NEWPORT BEACH 009 Water Line Replacements & Alley 26,243 3300 Newport Blvd. Reconstruction Marcus Newport Beach, CA 92658 -8915 012 Jamboree Road Sewer Improvement 139,730 (949) 644 -3311 018 Central Balboa Water, Sewer & Alley 495,804 Improvements& West Newport Beach Main Replacement, Phase II 040 32 "d St./Newport Blvd. Street Rehabilitation& 524,288 30Y' St./ Newport Blvd. Storm Drain Improv. 069 Bayside Drive Storm Drain Improvements 267,905 082 Newport Dunes Storm Water Diversion 60,065 091 Comm. Of Beacon Bay Assmt. Dist. No. 79 658,115 Street, Drainage, Lighting & Utility j Improvement and City Sewer Replacement CITY OF ROSEMEAD 013 Storm Drain Improvements 330,031 8838 East Valley Blvd. Rosemead, CA 91770 (626) 288 -6671 CITY OF TORRANCE 016 ConstructionofCMP Replacement Program 1,021,000 3031 Torrance Blvd. 1998 -199 026 Construction of Amie Avenue f G:Umet \GC1\J0BLIS1'\GCI REFERENCE SHT.doc Page 1 of 4 *C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT Torrance, CA 90509 -2970 (310) 618 -2820 090 Retention Basin Force Main Emergency Channel Stabilization j 423,078 25,920 COUNTY OF ORANGE 071 Santiago Canyon Road / Transportation 331,299 CONSTRUCTION DIVISION 081 Corridor- Drainage Improvements i 141,730 P.O. Box 4048 Santa Ana, CA 92702 -4048 001 i 621,100 (714) 567 -7812 i -{ _ -... . -- C.W. DRIVER ........ 035 -- -.._.- - "Perilous Plunge"- Utilities .. 215,583 7442 North Figueroa Street - Los Angeles, CA 90041 -1710 037 - --- -- Laing Homes Meadowlark Utilities- Tract ---- - 99,981 (323) 259 -8600 15472 EL CAMINO ENCLAVE 036 Falda Avenue, Torrance (Underground) 238,834 561 W. Rincon Street Corona, CA 91720 010 Coasters Restaurant Knoit's Berry Farm 12,820 (909) 725 -8616 023 "Wipe Out" & "Scrambler" 71,031 GORDON & WILLIAMS 003 East L.A. Recycling &Transfer Station 313,144 2 Faraday 010 Coasters Restaurant- Knott's Berry Farni 12820 Irvine, CA 92628 081 Farmers Market -E, O, & P -Los Angeles 141,730 (949) 588 -2855 IRVINE RANCH WATER DISTRICT 001 Bonita Creek Park Trunk Sewer Relocation 621,100 15600 Sand Canyon Avenue Irvine, CA 92618 (949) 453 -5585 - HN LAIN _._. JOG HOMES 037 - --- -- Laing Homes Meadowlark Utilities- Tract ---- - 99,981 19600 Fairchild, Suite 150 15472 Irvine, CA 92612 (949) 476 -9090 Ext. 230 KNOTT'S BERRY FARM 010 Coasters Restaurant Knoit's Berry Farm 12,820 8039 Beach Blvd. 023 "Wipe Out" & "Scrambler" 71,031 Buena Park, CA 90620 027 "Soak City" Demo 123,882 (714) 220 -5227 028 Parking Lot Rehab for Restriping 51,309 029 Employee Parking Lot 29,418 030 "Soak City " - Water Lines 13,000 031 Mechanical Pump Buildings - "Soak City" 899,999 032 "Soak City" Grading 572,073 033 "Soak City" - Utilities 498,067 034 "Perilous Plunge" - Demo 159,750 039 Cross Town Sewer 210,708 041 "Soak City"- Asphalt Paving j 170,394 043 "Soak City" - Concrete Flatwork 753,828 GAJmet \GCIV0BLIST\GC1 REFERENCE SHT.doc Page 2 of 4 0C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CUSTOMER NAME & ADDRESS JOB #/ LOCATION LOS ANGELES COMMUNITY COLLEGE DISTRICT Facilities Planning & Development 770 Wilshire Blvd. Los Angeles, CA 90017 (213) 891 -2480 7900 Loyola Blvd. Los Angeles, CA 90045 -8370 (310) 338 -7762 27405 Puerta Real Suite 360 Mission Viejo, CA 92691 (714) 768 -0209 1 Santa Lucia Dana Point, CA 92629 (949) 448 -8722 DISTRICT 2985 -E Bear Street Costa Mesa, CA 92626 (714) 424 -7528 1048 Irvine Blvd., #36' Beach, CA 92660 (949) 574 -9164 10500 Ellis Avenue Fountain Valley, CA 92728 (714) 378 -3305 P 3190 -K Airport Loop Drive Costa Mesa, CA 92626 (714) 755 -0299 CONTRACT AMOUNT 044 "Soak City" — Wall #1 for Ramp to Bridge 94,590 046 Grand Avenue Drop Off- Knott's Berry Farm 102,136 052 Retaining Wall & Bridge Abutment -Soak City 305,293 054 Stanton Avenue Phase -1 136,071 055 Housekeeping Pads — "Soak City" i 9,812 66T Certain Domestic Underground Water Mains - 1 238,103 East Los Angeles College ; LTA 71 - Dana Point 13, 076 Grading Improvements for Construction of 12,005 Preschool at Whittier Site 57, Tract 1127, 99,260 Dana Point 024 Bayside Restaurant - Newport Beach G:\Jmet \GCIUOBLISnGCI REFERENCE SHT.doc Page 3 of 4 352, 2,700 0C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of June 30, 2001 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT PERDOMO BLT ENTERPRISES, LL C 003 East L.A. Recycling and Transfer Station ! 313,144 511 Spectrum Avenue j Oxnard CA 93030 (805) 278 -8220 PLAYA CAPITAL COMPANY, LLC 004 Placementof LMU Import Material 132,470 12555 West Jefferson Blvd., Suite 300 Los Angeles, CA 90066 (310) 822-0074 - -_- __..- . .... PORT OF LONG BEACH 022 ... ... - -- -- - -. -. Removal of Nicholson Avenue Ram p ... 128,153 925 Harbor Plaza Drive, 4' Floor Long Beach, CA 90801 (562) 437 -0041 _ SOUTH COAST WATER —DI STRICT { 007 Coastal Treatment Plant - Export Sludge Force !� 93,109 31592 West Street Main Phase III Laguna Beach, CA 92607 015 Camino De Estrella Sewer Main ; 110,767 (949) 499 -4555 058 Pacific Coast Hwy. 12" Water Main, Dana Point 1,108,766 058 -C101 -106 Holtz Hill Waterline, Dana Point SOUTHERN CALIFORNIA WATER 104-5 Albertom Blvd., East of Avalon Blvd. - 12" Dl ; 142,229 , COMPANY Pipe Watermain Installation 17140 South Avalon Blvd., Suite 100 i 047 Inglewood Avenue 12" DI Pipe 251,790 Carson, CA 90746 049 223`d Avenue, Hawiian Gardens- Watermain 217,257 (310) 767 -8205 050 224" Avenue, Hawiian Gardens - Watermain 223,773 051 Brittain Avenue, Hawiian Gardens- Watermain 241,993 TRI CORPS ENGINEERING 075 Aliso Viejo Desilting Basins 42,750 7005 Hwy. 215, Frontage Road Moreno Valley, CA 9255' ) i (909) 369 -9396 _ _. -.. __ -. -- ._ _ -. -.- _.._ .. D ... WALNUT VALLEY UNIFIE SCHOOL .......... 008 ..... . -_. - - Morning Sun Landslide Site - Walnut 25,392 DISTRICT 073 Morning Sun St. Grading & Storm Drain j 71,816 880 South Lemon Avenue Walnut, CA 91789 (909) 595 -1261 Ext. 1378 i G:\J net \GCI1J0BLISPGC1 REFERENCE SHT.doc Page 4 of 4 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of oro" Page 6 SQ,Yft& , being first duly swom, deposes and says that he or she is [ of (6-C► (12Y IsiruCt(M odfn • , the party making the foregoing bi ; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorize'd Signature/Title F 0 gFAf ,jQC'TY8iLS. Subscribed and sworn to before me this i day of r- *AW7tANE�T L�. RUSSELL Comm. 11166123 dm��X I N 11T111 101111 CALIFOANIA Ofange County ary Public W.Y Comm. Expires Dec 21,20n My Commission Expires: 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA VILLAGE IMPROVEMENT PHASE 1 CONTRACT NO. 3333 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 Instruction to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that the material supplied by the City and shall perform all work required to complete Contract No. 3333 in accord with the Plans and Special Provisions, and will take in full payment therefore the following lump sum or unit prices for work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE LS Mobilization a( ��,,���� �. O(W 4Uyd�0tWo jars and (10 Cents Per Lump Sum 2. 1 LS Traffic Control !I 6��4u ars 90 0 and Cents Per Lump Sum 3. 18,100 SF Cold Mill PCC Pavement (a� [IQ Dollars and El gn-+t4 Cents $ - So Per Square Foot PR -1 $ 106 00010 ao a Affil-M $ 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 5,800 LF Sawcut & Remove PCC Curb & Gutter an NU( Dollars and rt Cents $ `f.6,0 $ZCOi(U0,°_° Per Linear Foo 5. 36,000 SF Sawcut & Remove 8" PCC Roadway (Cp CXQ Dollars and Cents $—I , `� $L° ° Per Square Foo 6. 1150 SF Sawcut & Remove PCC Driveway Approach (a ) ©ru Dollars and 15UPRN Cents $ l $ 955 °O Per Square Foot 7. 15,400 SF Sawcut & Remove PCC Sidewalk 0-) _TfTeO� - P?erJ2Aollars and Cents Per SqLlZlrre Foot 8. 625 SF Sawcut & Remove PCC Alley Approach C)U Dollars and 6Q KJU Cents Per Square F6ot 9. 2050 SF Sawcut & Remove PCC Cross Gutter (a) I (AX Dollars and / Ten, ° o Cents Per Square Foot 10. Not used. 11. 61,000 SF Sawcut & Remove AC Pavement a /10 Dollars and Go __�11�(JC- -Cents $ $ Z Per Square Foot PR- 2 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 102 LF Remove Planter Wall () Ti aP!'1- &UP_Vt Dollars and f10 Cents $,27.00 $ ZI-75 00 Per Linear Feet 13. 16 EA Remove Street Light & Base an ILM �Utjrej Dollars and Pa Cents s2w. °O so — i�0'Qo Per Each 14. 25 EA Remove and Replace Curb Drain per CNB Standard -1 84 -L Ca�UtLOiLUnGIYB�Igit 'Dollars and Cents $ 155.0 ° $ E518-7t5. Per Each 15. 14 EA Remove Tree II�__� 11 Dollars Coo)FUU(tit�tl�"87h and 11O Cents $ 405,00 $ 51(070 0 0 Per Each 16. Not used 17. Not used 18. Not used 19. 1360 Tons Asphalt Concrete Dollars and Cents $_ $ 73 r70 Per Ton 20. 210 Tons Construct Variable Thickness AC Leveling Course Dollars and V lS0 Cents Per Ton PR- 3 $ 5-7.0° $ 11 60 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 3900 Tons Untreated Base Dollars and �9 Cents $ 121p $ /0114100,0 Per Ton 22. 18,200 SF Install Fabric Glasgrid 8502 (a. (YO Dollars M/n and Cents $ Do $ , o „r y o0 Per Square Foot 23. 410 Tons 2 -inch AC Rubberized AC Dollars and i� Cents $ _72.00 $Z9 0 Per Ton 24. 3700 SF Textured Asphalt Z Dollars and 1�4 Cents $ S .O ° $ 7�1� (000, ° Per Square Foot 25. 2500 LF Construct Type "A" Curb and Gutter (Variable Height) U2. Dollars and fto Cents $ 25, °U $ &2— 45 —0c) Per Linear Foot 26. 27 2,610 LF Construct Type "B" Curb (7a (U rlm 1 ni 1Q Dollars and Cents Per Linear Foot $2.00 2000 SF Construct Modified Driveway /Alley Approach an Si X Dollars and Cents Per Square Foot' ;m $ (0.5 $ /0 " $ / 000,0° 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 11,820 SF Construct 4-inch PCC Sidewalk Co? �UY- Dollars and Cents $ 44, 50 $ 523 (90,00 Per Square Foo 29. 1 LS Lithocrete Const�rucctio Oversig t and Administration k' A; ollars and ko Cents $ /QJ.� Per Lump Sum I 29.a 10,100 SF Construct 4 -inch Type 1 and Type 2 Lithocrete Sidewalk no. fifteen Dollars and *' forty -seven Cents $ 15.47 $ 156.247.00 Per Square Foot 29.b 600 SF Construct 4 -inch Type 3 and Type 4 Lithocrete Sidewalk twenty -eight Dollars and ** ninety Cents $ 28.90 $ 17,340.00 Per Square Foot 29.c 100 SF Construct 4 -inch Type 5 Lithocrete Sidewalk (a) eighty -six Dollars and ** ninety Cents $ 86.90 $ 8,690.00 Per Square Foot 29.d 6,400 SF Construct 4 -inch Type 6 Lithocrete Sidewalk n twelve Dollars and *' thirty -three Cents $ 12.33 $ 78,912.00 Per Square Foot 29.e 250 SF Construct 4 -inch Lithocrete 7 Lithocrete Sidewalk (d. twenty -seven Dollars and ** seventy -eight Cents $ 27.78 $ 6,945.00 Per Square Foot ** Stipulated Unit Price PR- 5 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29.f 100 SF Construct 4 -inch Type 8 Lithocrete Sidewalk an forty -eight Dollars and ** zero Cents $ 48.00 $ 4,800.00 Per Square Foot 30. 3625 SF Construct Cross Gutter (4, 8 or 12 -foot) an '5i x Dollars and (P. `I� Z� 012 50 ail Cents $� t— Per Square Foot 31. 23 EA Construct Curb Ramp per Details and APWA Standards 00K 4(1I1d'9JT? -h Dollars and Cents $ 10,011 $ 14, 030 ° ° Per Each 32. 181,500 SF Slurry Seal (n D. ' . Per Square .. 33. 9,100 SF Construct 8 -inch PCC Pavement (a7 SIX Dollars and l Cents $ (p.5D $ �cJ o0 Per Square Foo 33.a 480 SF Construct 8 -inch Type 9 Lithocrete Pavement (d. eleven Dollars and ** six Cents $ 11.06 $ 5,308.00 Per Square Foot 33.b 2,400 SF Construct 8 -inch Type 14 Lithocrete Pavement twenty -two Dollars and ** forty Cents $ 22.40 $ 53,760.00 Per Square Foot ** Stipulated Unit Price [Za ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33.c 2,400 SF Construct 8 -inch Type 20 Lithocrete Pavement (c? twenty -two Dollars and ** forty Cents $ 22.40 $ 53,760.00 Per Square Foot 34. 14 EA Construct �Local Depression a(� Y�?t•tUlYAW 'Do-liars and fU Cents $ 350 o° $ `6 Per Each 35.a 35 EA Remove Existing Parking Meter Post Dollars and (h Cents $ _P5 $ /t 925• oO Per Each 35.b 70 EA Furnish and Install New Parking Meter Post cxp Hui red i Dollars and (LO Cents $ l85• °0 $ 12950. °a Per Each 36. 7 EA Furnish an�dl.Insttaal'l Concrete Parking Stop (a) TlA)err4c SP.U�►1 Dollars and Cents $ 27,00 $ /89.00 Per Each 37. Not Used 38. 175 LF Construct Type "D" Curb (@Tt&gjF )C Dollars and %(.¢J Cents $ Z(O oo 00 Per Linear Foot 39. 164 LF Construct Type "C" Curb (Modified) Dollars and Cents $25,oU $ / Per Linear Foot ** Stipulated Unit Price PR- 7 0 �J ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. 2 EA Modify French Drain Systems Ca), 11 `w_rb0 ai 3 Dollars /� and I Lw Cents $—:3 cw ;"`l $ ,000.00 Per Each 41. Not Used 42. Not Used 43. Not Used 44. Not Used 45. Not Used 46. Not Used 47. Not Used 48. 18,000 SF Remove and Reconstruct Pier Parking Lot Pavement ( "A" Removal: 3 -inch AC /8 -inch UB) a) Dollars and o(, Cents Per Square Foo $ 3.40 $ tpl,20aoo 49. Not Used 50. 8 EA Furnish and Install Bollard @ k ( CVJDollars nn�� and IlD Cents $ 10 460,00 Per Each 51. 905 LF Install 24-inch RCP (2000 -D) (d) 0(Aurl ,A 'ol ars and nU Cents $ ��iz• °O $ Per Linear Foot 52. 450 LF Install 18 -inch RCP (2000 -D) (a) of fta kk uz. Dollars and �1 ��,n � Cents $ 2 °, $ 41 7w." Per Linear Foot 53. 4 EA Construct Junction Structure No. 1 aThr,O AOLLUR4 Dollars and �0 Cents $ E�Waaa $ 1210(Xj 0" ��� 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Per Each 54. 1 EA Construct Junction Structure No. 2 (a) - ihr4a2 . rh&- _ d Dollars and � Cents $31000°" $30_ Per Each 55. Not Used 56. 4 EA Construct Manhole No. 4 (@Thr m"wj rt'ue goyrS4 and (lo Cents $ 3, �0. °° $ IOOO.00 Per Each 57. 4 EA Construct Modified Catch Basin with Manhole Y ('W Cr &EJ Dollars Ij and /10 Cents $ 3, 100 a a $12l Per Each 58. 11 EA Construct Catch Basin Type OS (DA(�A21(( 0-W Dollars and Cents $ 3000 °p $ 33004. °O Per Each 59. Not Used 60. 1 EA Construct Pipe C. oolllar Dollars and Il(Y Cents $ $ 800.0 Per Each 61. 60 LF Encase Pipe per CSD S -020, Type 1, L =10 -foot Dollars and (1fl Cents $ 5b• °O $ 3 Per Linear Foot ZELO 65. 1 LS Install Tide Gate Operator, Controls and Electric Service Six W6uy- �01&4ollars and $� a o ri 0 Cents Per Lump Sum 65.a 1 EA Furnish and Install Stainless Steel Myers Cabinet (o WfUY IJLW Dollars and 60 Cents $ 41 060.00 $ 00d ,ao Per Each T 65.b 40 LF Install 1 '' /rinch PVC (Schedule 40) Electric Conduit with Conductors UP1'1 Dollars and ko Cents $ Per Linear Foot 65.c 150 LF Install 1 ' /rinch PVC (Schedule 40) Electric Conduit (with Pull Rope) aa,, TGi.> j4j Dollars and Ra Cents $ 2-f) • $ 3, 6Oa• Per Linear Foot PR- 10 • • ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 62. 375 LF Encase Storm Drain Pipe per Detail Dollars and Cents $ 30!1 $ Per Linear Foot 63. 3 EA Construct Brick and Mortar Plug o()Twa 4UPJr6J �&OIIars and (19 Cents s256 fa $250,00 Per Each 64. 1 LS Construct Vault and Install Tide Gate, Waterman Model P -30 T, FiveTtilv'titcyaol (@:[LYA gdvVd Dollars and (10 Cents o� $ 2 Per Lump Sum 65. 1 LS Install Tide Gate Operator, Controls and Electric Service Six W6uy- �01&4ollars and $� a o ri 0 Cents Per Lump Sum 65.a 1 EA Furnish and Install Stainless Steel Myers Cabinet (o WfUY IJLW Dollars and 60 Cents $ 41 060.00 $ 00d ,ao Per Each T 65.b 40 LF Install 1 '' /rinch PVC (Schedule 40) Electric Conduit with Conductors UP1'1 Dollars and ko Cents $ Per Linear Foot 65.c 150 LF Install 1 ' /rinch PVC (Schedule 40) Electric Conduit (with Pull Rope) aa,, TGi.> j4j Dollars and Ra Cents $ 2-f) • $ 3, 6Oa• Per Linear Foot PR- 10 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 66. 1 LS Construct Pipe Outlet Through Bulkhead and Pipe Anchors nc vt MIA --�tip usand na. itic Fhiw v-ed Dollars and Cents $ I ql �0 tl Per Lump Sum 67. Not Used 68. Not Used 69. Not Used 70. Not Used 71. 2 EA Furnish and Install CNB Sewer Cleanout Cover an. SiX /itjYd((jd Dollars n and 110 Cents $ obo,00 Per Each 72. 2 EA Adjust OCSD Sewer Manhole to Grade l`l)el�llllt Dollars and Cents $ 500.. 2O $ l Per Each 71 6 EA Furnish and Install CNB Sewer Manhole Cover h Dollars and f1QJ Cents $ 80poc�8000° Per Each 74. 970 LF Install 6 -inch PVC, C -900, CL 150 Dollars n- and lt1 Cents $ %3. $ Q ( "0 Per Linear Foot 75. 650 LF Install 16 -inch PVC, C -900, CL 150 O&ONAMrkk doollars and Cents $ 112,00 $ 7 2 " Per Linear Foot ��/ PR- 11 77. 40 LF Install 8 -inch PVC, C -900, CL 150 (o. T7-{Lt Our>dW-d Dollars and 00) Cents $ 5a0 °O $.20 ° Per Linear Foot 78. 40 LF Install 4 -inch PVC, C� -900, CL 150 q?JK mil! Dollars and 11� Cents $ 15yj.' $2-0 i ow.°O Per Linear Foot 79. 5 EA Install 6 -Inch Fire Hydrant Assembly onTtC -T�011 O Dollars and 11Z Cents $ZJC00:00 $/0 ,000 0 Per Each �— 80. 1 EA 6 -Inch Double Check Detector Backflow Prevention Assembly Oa.L" Dollars and 1.Q/ Cents $ -7 moo Per Each 81. 1 EA Install 2-Inch Reduced Pressure Principle Backflow Prevention Assembly D -7&jo I h&jiii�C/ Dollars and Cents $ $ 0 Per Each 82. 1 EA 16 -inch (FE x FE/), B_utttteer�fly Valve @7l i fiuf�jJollars and /h Cents $.Z X00 $ 3 Per Each PR- 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 76. 350 LF Install 12 -inch PVC, C -900, CL 150 64 kI'l fr Dollars and (lfl Cents $ 1J�..oO $ 53, -5M O Per Linear Foot 77. 40 LF Install 8 -inch PVC, C -900, CL 150 (o. T7-{Lt Our>dW-d Dollars and 00) Cents $ 5a0 °O $.20 ° Per Linear Foot 78. 40 LF Install 4 -inch PVC, C� -900, CL 150 q?JK mil! Dollars and 11� Cents $ 15yj.' $2-0 i ow.°O Per Linear Foot 79. 5 EA Install 6 -Inch Fire Hydrant Assembly onTtC -T�011 O Dollars and 11Z Cents $ZJC00:00 $/0 ,000 0 Per Each �— 80. 1 EA 6 -Inch Double Check Detector Backflow Prevention Assembly Oa.L" Dollars and 1.Q/ Cents $ -7 moo Per Each 81. 1 EA Install 2-Inch Reduced Pressure Principle Backflow Prevention Assembly D -7&jo I h&jiii�C/ Dollars and Cents $ $ 0 Per Each 82. 1 EA 16 -inch (FE x FE/), B_utttteer�fly Valve @7l i fiuf�jJollars and /h Cents $.Z X00 $ 3 Per Each PR- 12 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 83. 4 EA Install 12 -Inch CL 150 (FExFE) Butterfly Valve with Valve Box and Riser LOO Dollars and Cents $4006.00 $ 81000•o° Per Each 84. 4 EA Install 6 -Inch CL 150 (MJxFE) Resilient Wedge Gate Valve with Valve Box and Riser (o. 0A.0 T6L&3 c[d Dollars and Cents $ l $ 000. Per Each 85. 2 EA Install 8 -Inch CL 150 (MJxFE) Resilient Wedge Gate Valve with Value Box and Riser r�-fi�Y4&l??4U4V_d Dollars n and /(Q Cents $ $ Per Each 86. 7 EA Install 1 -Inch Domestic Water Service 0)0" 1 6L)&3VJ Dollars and 60 Cents $ J,600 o6 $ 7 0—r W '0° Per Each 87. 4 EA Install 2 -Inch Domestic Water Service fedollars and Per Each 1- 7 i(Q Cents $00 , °O $ 0 cc;,Go .00 88. 1 EA Connect 4 -Inch Water Service to new Main OV jDol ars and Cents $�� s-7 `J� °O Per Each 89. 1 LS Install Temporary Water Main Bypass (a)EV4 gEVO -k Dollars and Cents $ 8 Per Lump Sum PR- 13 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 90. 1 LS Pressure Test, Disinfect and Flush Water Main (o)I�1 k,Dollars and /Lo Cents $12r ].Oo Per Lump Sum 91. 1 LS Air and Vacuum Release Valve Assembly (a) I ► r- ,aThOLWIA Dollars and (6 Cents o0 $ Per Lump Sum 92. 1 LS 2 -Way 4 -inch Fire Department Connection @J( VI UJ� Dollars and (?D Cents ao $ 1, mod• Per Lump Sum 93. 1 LS Furnish and install Traffic Signal Modification (Balboa/Palm) "rlic' -ahM Th0U5d3d Dollars and (� Cents $ 33�• °O� Per Lump Sum 94. 7 EA Furnish and Install vehicle loop detectors. (Main /Ba'llboa).(( ays& au 6-d 760ollars and %L0 Cents $ 35n-o" $ �O Per Each 95. 16 EA Furnish and Install vehicle loop detectors. (Balboa/Palm). (a) 1hfia fdrI d Dollars and (� Cents Per Each 96. 59 EA Furnish and Install /replace /remove pull boxes, pull box covers and pull box extensions, complete. 7u-)o AAund►ed ) 4 Dollars and (�o cents $ Z27 °U $ 13 3 3 • °d Per Each PR- 14 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 97. 2 EA Furnish and Install 10 -ft concrete standard (Ameron - Delphi 22CT10513) with 50 watt/240 volt HPS type III prismatic acorn luminaire w /photoelectric cell, and enclosed ballast. Including double fuse holder w/5 AMP fuses in adjacent pullbox; install on new foundation at location; in accordance with construction plans, complete. GU' ° YDolla rs and �0 Cents $Z, Per Each 98. 18 EA Furnish and Install 14 -ft concrete standard (Ameron- Aegean 21 CT13513) with 50 watt/240 or 100 watt/240 volt HPS type III prismatic acorn luminaire w /photoelectric cell, and enclosed ballast. Including double fuse holder w/5 AMP fuses in adjacent pullbox; insall on new foundation at location; in accordance with construction plans, complete. rdre� Pa) Dollars and d (1A Cents $ 2 °O 1760.. $ Per Each 99. 3 EA Furnish and Install 26 -ft concrete standard with single bracket arm with 200 watt/240 volt HPS cutoff luminaire w /photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Including double fuse holder w/5 AMP fuses in adjacent pull box, install on new foundation and location in accordance with construction plans, complete.Il,, t� 04 ollars and Cents $ Z GQ oa $ YJ Per Each 100. 23 EA Furnish and Install 26 -ft concrete standard with dual bracket arm with 200 watt/240 volt HPS cutoff luminaire w /photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Including two double fuse holders w/5 AMP fuses in adjacent pullbox, install on new foundation and location in accordance with construction plans, complete. d-) 1110 Dollars q and / (I! Cents $ O $ �t74 00 Per Each PR- 15 0 0 Not Used ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 101. 1 EA Furnish and install new service cabinet, complete, Not Used with 24 new breakers, Beach floods twist- timer, Not Used internal time clock, and an external lockable stainless steel enclosure, including removal and salvage of existing service cabinet. ( �-IUNC%"bollars and i� Cents $ 3 / %00• °d $ 3��Cd. °Q Per Each 102. 4,679 LF Furnish and install 1 -1/4 -inch conduit (� ELQ MA Dollars and Cents $ I I , 50 $ 53 '56 Per Linear Foot 103. 265 LF Furnish and install 1 -inch conduit an FOIJ(i7 Dollars and so l Cents $ $ -5j BoL's-0 Per Linear FoUf 104. 1 LS Furnish and install conductors, including installation of pull rope, removal and termination of conductors where indicated on the construction plans. (cD t7e"tkyd Dollars and n9 Cents $ 11 t 00(j �O Per Lump Sum 105. 1 LS Furnish and install Parking Control System including new parking gates and ticket dispenser, complete. Twdkve�l�nrJ cD f2Q YtQt�Dollars and 12 oa Cents $ �� Per Lump Sum 106. Not Used 107. Not Used 108. Not Used 109. Not Used 110. Not Used ILA 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 111. 555 LF Install striping, Detail 9- white, complete. (7o (ID Dollars and TOr,�PA Cents $ .4o Per Linear Foot 112. 1,335 LF Install striping, 4 -inch solid white, 50' long an fl9 Dollars and UC.Cents $ o y5 Per Linear Foot' 113. 275 LF Install striping, Detail 38 - 8" solid white, complete. (a) V^N Dollars and S1XI?1UC C nts $ e LOS Per Linear Foot 114. 1,285 LF Install striping, Detail 22 - double yellow, complete. Ca (1.o Dollars and t Ue_ Cents $ .COS Per Linear Fo t 115. 1,400 LF Install striping, 12 -inch crosswalk - white, complete. 116. Not Used 117. 105 LF 118. 13,449 LF (a) I WU Dollars and �6(4u Cents $_ Per Linear Foo Install 12 -inch white limit line, complete. (a7 _FUJCO Dollars and ,O Cents Per Linear Foo Install 4 -inch parking stall markings- white, complete. (0 Oy Dollars and Cents $ I Per Linear Foot PR- 17 $ ZZZ.o 0 $ (a0U ?s $ 1`78 ?S $ '�5 35.25 $33100. °C' $2-52-,00 $20,173,-'56 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 119. Not Used 120. 21 EA Install pavement legend, complete. eV) Dollars and (�SD Cents $ 41.oa $03-]00 Per Each $ z'? 3w. 121. 18 EA Install Handicapped parking emblem, stall markings and sign, complete. 125. 20 EA Furnish new pole, complete. Twa 11'.V'JKJ (a), s k �;) Dollars Dollars and 1 ue Cents and 1�0 Cents $ 2�45.. 00 $ o0 Per Each 122. 1 LS Remove pavement markings, complete. 126. 7 EA Remove sign (cil��LCYI 1 �19030o I lars and (La Cents $ 1- 7,000 6 � Q �W 3 1-71, U — Per Lump Sum and fm Cents 123. 37 EA Relocate existing sign to new location. u A l l)0 Dollars and �0 Cents $ 31 $ U � Per Each 124. 16 EA Furnish and Install new sign, complete. (a. l(W�Adred —eA Dollars /' and Cents 1 u Z -7I C) $ �i, $ z'? 3w. Per Each 125. 20 EA Furnish new pole, complete. (a), s k �;) Dollars and 1 ue Cents oo $ r'0� , t �n o $ 0 - Per Each Y-'°°� 126. 7 EA Remove sign Dollars $ Z %.�U $ / Gd and fm Cents Per Each �G3E:3 • • ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 127. 54 EA Furnish and Install raised pavement marker, Type D (o) t— LTe_ Dollars and (.( Cents $ rj s0 $ Z 27. U U Per Each 128. 24 EA Furnish and Install raised pavement marker, Type G (a lle Dollars and Cents $ 5•�0 $ 1:;�°C, Per Each 129. 2 EA Relocate existing Memorial Monuments, Plaques and Palm Tree lX lip' �ev (a7 and Cents $ 2=?" _ $ JT 6., Per Each 130. 26 EA 36 -inch Pilaste,(r�, T " Dos and ✓� Cents $ ao $ Per Each � 131. 625 LF 36 -inch Plaster Cover Low Wall f dilars and t`UD Cents $ �Q(�.od $(62j Per Linear Foot 132. 20 EA Bench (5 -foot) (a) ItDIPAU2 N{1YlriDollars and /LO Cents $ l—�— $24000, 0° Per Each 133. 3 EA Bench (6 -foot) (�,J Lp 1 UnL(2) Dollars and (LO Cents Per Each PR- 19 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 134 5 EA Furnish and Install 14 -foot concrete standard (Ameron- Aegean 21CT12513) for hanging baskets; install on new foundation at location; in accordance with construction plans, complete. Hanging baskets to be furnished and installed by others. Ca�C� �unsiresi Dollars and " `' Cents $ IZS Per Each 135. 31 EA Trash Receptacle (32-Gallon) (a)K.l-IW 114n. r� Dollars and A-0 Cents $ l 100 ° o Per Each 136. 1 EA Modular Newspaper Storage Rack (a) 6,Q1 riUrIJW Dollars and (iG Cents $ -m 00 Per Each 137. 57 EA Pottery Y-J Dollars and �9 Cents $ 550 02 Per Each 138. 2 EA Bike Racks (qQ)e Ve kWW Dollars and (L0 Cents $ X1200 co Per Each 139. Lump Sum Irrigation Controller A (Balboa Boulevard) T'-Rib At1 e Dollars and no Cents Per Lump Sum 140. Lump Sum Irrigation Controller B (Pier Parking Lot) Ca) Fk we4 Dollars and Cents Per Lump Sum PR- 20 $ Z"J 0 o 314 00, 00 $ 700,00 $ 331 3. x.00 $2 qW . oG $ 16,12-60,60 $ to 00 C� C ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 141. 2 EA Irrigation11 BackflowlI,Prevention Device (including enclosure) Uh�+'r+�Dollars and Cents Per Each 142. Lump Sum Balboa Boulevard Irrigation System --N it �'Vf -. Dollars and (La Cents $ 35 4 6� Per Lump Sum 143. Lump Sum Pier Parking Lot Irrigatio System �S(kj�eUY ( Dollars and 00 Cents $ �Q Per Lump Sum 144. 17,800 SF Fine Grading /Soil Preparation an Y\d) Dollars and 00 Cents $ 0 5U $ �3i�/00. Per Square Foot 145. 5,080 SF Sodded Turf (� Cru Dollars and 11..0 Cents $ �o $ 5jam" Per Square Foot 146. 815 SF Ground Cover (Succulent) (a 04Q, Dollars and 1- Cents $ a $ g(J7. Per Square Foot 147. 14,470 SF Mulch 2 -inch Deep (Shrub Areas) an Dollars and Utzents $ .2-5 $ :�3 w7• Per Square Fb6t PR- 21 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 148. 154 EA Remove and 1Relo toE,xisting Washingtonia Robusta annl�'lAitUYI�IrP��f Dollars and Cents $g�• o" Per Each 149. 42 EA 18 -foot BT Palms (King Palms) TLu 0K.Q �t►tlpV "Dollars and A0 Cents Per Each 150. 49 EA 12 -foot BT Palms (King Palms) f7 qakjaollars and 9 Cents Per Each 12 151. ) EA pwi1. 152. 2 EA 153 6 154. 6 EA 3 -foot Pigmy jDatePalm (a St kjItitjj1DoIlars n and I((� Cents Per Each Relocate Canary Island Palms O�JXLHI) i ��.LI Dollars and A0 Cents Per Each 4 -foot Pigmy Date Palm Dollars and Cents Per Each EA 5 -foot Pigmy Date Palm — Dollars and Cents Per Each PR- 22 $ 100, ", $it a °C a.1 $1 00 $ bb 00 $f- $-72-Wod $0 $ +der Add. 2- $Per)�dd.z ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 155. 4O EA 6 -foot Cycad and /Qe /'�%� ��/ / 2 Cents $ .L.�J $ I pm Dollars 159. 23 EA Plant 36-inch Box Tree (furnished by CNB) and Cents $ Z $ _fho o fa�xXn1 oil s Per Each and f29 Cents 156. 6 EA 3 -foot Trachycarpus an Dollars and Cents Per Each 157. 6 EA 4 -foot Trachycarpus (a7 Dollars and 1 {%LLlil Cents $ Per Each 158. 6 EA 5 -foot Trachycarpus (o) Dollars and /Qe /'�%� ��/ / 2 Cents $ .L.�J $ I Per Each 159. 23 EA Plant 36-inch Box Tree (furnished by CNB) ' fCl4d P a fa�xXn1 oil s and f29 Cents $ 7q6 oa $ 1-7020 UO Per Each 160. 541 EA 15- Gallon Shrub S Dollars and ko Cents $ &0 • $ 32 �% .° o Per Each 161. 981 EA 5- Gallon Shrub nl'XI Dollars (d,) 1 and Cents $ l9 00 $ �8 —�O Per Each PR- 23 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 162. 1,264 EA 1- Gallon Shrub (a) I Cn Dollars and AL Cents $ %mod $ as Per Each 163. 108 EA 5- Gallon Succulent Shrub _C _Dollars and Il0 Cents $zq -C,11 $zFS�f2, °p Per Each 164. 1065 EA 4 -foot Pot (0) nr p Dollars and Cents $ 50 $ I IS97, Per Each 165. LS 90 -Day Landscape Maintenance Period II G "ollars Nand l Cents [ Q�j o� $ Z4 /[JV i Per Lump Sum T' 166. LS Project Surveying - rw,�- Ilars and CID Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS And h vc- tents Se pi, (g, Wi I Date (�1�1�9�- 7- r�233,� ��14�54b •1I�I -F Bidd r se Telephone and Fax Numbers _553510 CIaSS ''A" Bidder's License No(s) And Classifications(s) S r,t- 7`6u� $ 3, z 5lp, 935. o s -Total Price (Figures) Bidder Bidder's Address Sig t r nd Itle F: \Users\P8W\Shared\Ba1boa Village \CONTRACT DOCUMENTS 7 -01 \PROPOSAL -EMMET MARKED UP FIRST.doc ❑RM, Page 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 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 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. 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 Ratinq 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 CONTRACT THIS AGREEMENT, entered into this 25th day of September 2001, 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: BALBOA VILLAGE IMPROVEMENTS PHASE 1 Contract No. 3333 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. 3333, 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 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of three million, two hundred fifty -six thousand, nine hundred thirty -five and 05/100 Dollars ($3,256,935.05). 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: Bob Stein (949) 644 -3322 GCI Construction, Inc. 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 E 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: $2,000,000.00 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: $2,000,000.00 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 i. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 0 0 Page 12 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 1. 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. 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. 0 E Page 13 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation In Mayor Garold B. Adams GCI Construction, Inc. 0 Authorized Signature and Title 0 0 Page 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 BOND NO. 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1, Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of three million, two hundred fifty- six thousand, nine hundred thirty -five and 05/100 Dollars ($3,256,935.05) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 0 Page 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be 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 day of 2001. GCI Construction, Inc. (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED i • Page 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO. 3333 BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1 , Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and , 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 three million, two hundred fifty -six thousand, nine hundred thirty -five and 05/100 Dollars ($3,256,935.05) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 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 (1) 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 day of 2001. GCI Construction, Inc. (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED FAUsers \PBW \Shared \Balboa Village \CONTRACT DOCUMENTS 7 -01 \CONTRACT C- 3333.doc • • Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FO RNA ADDENDUM NO. 1 BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO 3333 DATE: September 7, 2001 TO: ALLPLANHOLDERS General Instructions: 1 %5gR City Engineer A � This addendum to Balboa Village Improvements Phase 1, Contract No. 3333 is included as part of the Bid Plans and Specifications because the project includes Federal funds. The Contractor will be required to comply with applicable statutes, rules and regulations of the Federal Government. The provisions of this addendum are deemed to be included in the Contract Documents. Note that various paragraphs in the Amendment to the Contract are required to be inserted or incorporated into any subcontracts as well as a clause requiring subcontractors to include these clauses into any lower tier subcontracts. The Contractor or subcontractor are required to insert all required paragraphs or clauses for compliance with the provisions of this addendum by any subcontractor or lower tier subcontractor. This addendum includes: 1. Amendment to Contract No. 3333 2. Certification of Non- Segregated Facilities 3. Certification of Contractor's Affirmative Action Plan 4. Certification with Regard to the Performance of Previous Contracts or Subcontractors 5. Contractor Certification F:luserslcat \s hared\da1AGM3alboaV it ragelmproveUAddendum No.l.do • • Page: 2 of 2 Bidders must sign each of the above certifications (Items 2 -5 above) and include them in the Bid Proposal. No Bid Proposal will be considered unless all certifications are signed and attached. Bidders must also sign this Addendum No. 1 coversheet and attach it to the Bid Proposal. No Bid Proposal will be considered unless this signed Addendum No. 1 coversheet is attached. The Contractor that is awarded the Contract will be required to sign the Contract and Amendment to Contract within ten (10) days of award by the City Council. I have carefully examined Addendum No. 1 and have included the full costs to comply with the Federal requirements of Addendum No. 1 in my Bid Proposal. Bidder's Name (Please Print) 2-0,2W� Dates Authoriz d Signature& Title Oy ,Tf$LS_ F: \users \eatlshared\daWG\salboaV illagelmproveV\ddendumNo.l.doc 0 0 FEDERAL COMPLIANCE POLICIES & RESPONSIBILITIES BALBOA VILLAGE IMPROVEMENTS PHASE 1 AMENDMENT TO CONTRACT NO. 3333 This amendment to Contract No. 3333 with the City of Newport Beach is made because the project pursuant to which the work is covered by this amendment is being executed and is being assisted by the United States of America. The Contract provisions embodied in this amendment are deemed included in the Contract. As federal funds are financing all or part of this work, all the statutes rules and regulations, given by the federal government and applicable to the work will apply and Contractor agrees to comply as required. Various of the paragraphs set forth in this amendment are required to be inserted or incorporated into any subcontracts as well as a clause requiring of subcontractors to include these clauses into any lower tier subcontracts. The Contractor or subcontractor shall be required to insert all required paragraphs or clauses and for compliance with the provisions of this amendment by any subcontractor or lower tier subcontractor. 1. ECONOMIC OPPORTUNITIES FOR LOW -AND VERY LOW INCOME A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance to HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Contract, the Parties to this Contract certify that they are under no Contractual or other impediment that would prevent them from complying with the part 135 regulations. C. Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the understanding, if any, a notice advising the labor organization of worker's representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. D. Contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. Contractor will not subcontract with any subcontractor where Contract has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR part 135. E. Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the Contractor's obligations under 24 CFR part 135. F. Contractor agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted Contracts, and G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of Contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 2. EQUAL OPPORTUNITY CLAUSE. A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The F:k tsers\catl shared\daW g\BalboaVllagelmprove1090601.doc 2 0 0 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions for this nondiscrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided, advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. G. Contractor is required to have an non - discrimination plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. H. Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. Section 701, et. seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 U.S.C. Section 219 et. seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life they have a thirty percent (30 %) or more disability. F: lusersl cat\sharedl daAg\ BalboaVillegelmprove1090601.doc 3 0 0 J. In the event of the Contractor's noncompliance with the nondiscrimination clause of the Contract or with any of said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole, or in part, and the Contractor may be declared ineligible for further government Contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. K. The Contractor will include provisions of this Paragraph in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event of a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 3. FEDERAL LABOR STANDARDS PROVISIONS A. MINIMUM WAGES: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any Contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular F: Wsers\,catlshare dldaAg\BalboaVillagelmprove W90601.doe 4 0 0 weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 day period that additional time is necessary. (Approved by the Office of Management and Budget under the OMB control number 1215 - 0140). In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not F: Wsers% catlsharedl dalAg lBaltwaVillagelmproveW90601.doc 5 0 0 agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested Parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140). The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefits which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). B. WITHHOLDING: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime Contractor, or any other Federally - assisted Contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, HUD or its F: kusersMat\ sharedldaVAg'd3alboaVillagelmproveW90601 .dw 6 0 0 designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act Contracts. C. PAYROLLS AND BASIC RECORDS: Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the David -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios of the wages rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215- 0017). The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014- F:W serskatl sharedkdaW Ag\BatboaViNagelmprove\090601.dm 7 0 0 1), U.S. Government Printing Office, Washington, DC: 20401. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0149). Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certified the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the fully weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this Section. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The Contractor or subcontractor shall make the records required under paragraph A.3(i) of this Section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. F: Wsers\ cat\sharedW aW g\ BalboaVillagelmprove \090601.doc 8 0 D. APPRENTICES AND TRAINEES: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ration of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship [program, the Contractor will not longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. E. TRAINEES: Except as provided in 29 CFR 5.16. trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and the individually registered in a program F:Wsers\catl sharedk lalAg\BalboaVillagelmprove\090601 .doc 9 0 0 B. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). C. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 5. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE: Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this Project. 6. PREVAILING WAGE LAW: The City has ascertained from the U.S. Department of Housing and Urban Development ( "HUD ") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of the City. Contractor and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. Contractor agrees to secure payment of compensation to every employee. 7. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any other Federal Contract with the same prime Contract, or any other Federally assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in the Special Provisions. 8. DISPUTES CONCERNING LABOR STANDARS: Disputes arising out of the labor standards provisions of this Contract shall be resolved in accordance with the procedures of the Department of Labor as set forth in 20 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between F:\ users\ cat\ shared\ daV+ g\ BalboaVillagelmprove \090601.doc 10 0 0 the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 9. DAVIS -BACON ACT: Contractor agrees to pay and require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 176(a) et. seq.) for each craft or type of worker needed to perform this Agreement. Contractor agrees to comply with all applicable Federal labor standards provisions; said provisions are incorporated herein by this reference. 10. COPELAND "ANTI - KICKBACK" ACT: Contractor and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: A. The Contractor shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C> 327 et. seq.) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the workers is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or Contracts for transportation. As used in this Section, the terms 'laborers" and "mechanics" include watchmen and guards. B. VIOLATION LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES: In the event of any violation of the clause set forth in Section A of this paragraph, the Contractor and any subcontractor responsible therefore shall be F:\ users\ cat\ shared\daW gSalboavllagelmprove \090601.doc 11 0 0 liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section A of this paragraph, in the sum of $10.00 for each calendar day on which such individual was required to permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section A of this paragraph. 12. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT: A. Contractor stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA) list of violation facilities, pursuant to 40 CFR 15.20. B. The Contractor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed there under. C. The Contractor shall promptly notify the City of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The Contractor agrees to include or cause to be included the requirements of paragraph (A) through (D) of this Section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 13. ENERGY CONSERVATION: Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the Sate energy conversation plan issued in compliance with the Energy Policy and Conversation Act (42 U.S.C. Section 6201, et. seq.). 14. HOUSING AND URBAN DEVELOPMENT: Contractor agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development F:\ users\ catkshared\ da\ Ag \BalboaYllagelmprove \090601.doc 12 0 0 and complete any and all reports and forms that may be required in accordance therewith. 15. CONTRACT TERMINATION; DEBARMENT: A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. 16. COMPLAINTS TO HOUSING AND URBAN DEVELOPMENT: No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 17. CONTRACTOR WILL CONTINUE TO MAINTAIN A DRUG -FREE WORKPLACE BY: A. Publishing a statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing an ongoing drug -free awareness program to inform employees about the following: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs and; 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee engaged in grant activity be given a copy of the statement required by paragraph (a). D. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: F:\ users\ caMhared\ daW g \BalboaVillagelrhprove\090601.doc 13 0 0 Abide by the terms of that statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. E. • Notifying the agency (HUD) in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers) of each affected grant. F. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)2, with respect to any employee who is so convicted: Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2. In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance and rehabilitation program approved for such purpose by Federal, State or local health, law enforcement, or other appropriate agency. CITY OF NEWPORT BEACH ( "City"), a Municipal Corporation 0 Homer Bludau, City Manager (COMPANY NAME) i,. . • . 0 ►' ATTEST: LaVonne Harkless City Clerk Date APPROVED AS TO FORM: Robin L. Clauson Assistant City Attorney F:\ users\ cats hared\ daV\ gOalboaVillagelmprove \090601.doc 14 0 C, CERTIFICATION OF NON - SEGERATED FACILITIES FEDERALLY ASSISTED PROJECTS BALBOA VILLAGE IMPROVEMENTS PHASE I AMENDMENT TO CONTRACT NO. 3333 This federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers in prescribed in 18 U.S.C. 1001. Company E • ' -TT11 F: \users\cat\shared WaW g\ BalboaVillagelmprove \Certificates\NonSegregated.doo CERTIFICATION R CONTRACTOR'S AFFIRMATIVACTION PLAN BALBOA VILLAGE IMPROVEMENTS PHASE 1 AMENDMENT TO CONTRACT NO. 3333 The undersigned Contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located with the City of Newport Beach. 1. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the Contractor's Section 3 commitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the City, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the City through use of: local advertising organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, U.S. Employment Service, chamber of Commerce, labor unions, trade associations, and business concerns. 4. Maintain a file of all low income area residents who applied for employment or training either on their own on referral from any source, and the action taken with respect to each area resident. Maintain a file of all business concerns located in the City who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document the fact that affirmative action steps have been taken. 7. Incorporate the Section 3 Clause provisions in all subcontractors, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8. List project work force needs for the project by occupation, trade, skill level, and number of positions. 9. List information related to subcontractors to be awarded. WHO I FOWN 1P W01291 am IMIm"Mmmorm- �T1Z. r F:\userslcat\.shared W a\ Ag\ BalboaVillagelmprove \Certificates\Affi rmAction.doc 9 0 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS BALBOA VILLAGE IMPROVEMENTS PHASE I AMENDMENT TO CONTRACT NO. 3333 The bidder C(2.i US7b ftH6fl d . , the proposed subcontractor hereby certifies t at he has I/ , has not_, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by executive Orders 10925, 11114, or 11246, and that he has/ has not filed with the Joint Reporting Committee, the Director of the Office of the Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Company Name C011 r'Di')S�(rUC`�t10�1�Tl1C� . Signature F 1053 Q�4�1 i IJ NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60- 1.7(b)(1)], and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFT 60 -1.5. (Generally, only contracts and subcontracts of $10,000.00 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the aware of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the U.S. Department of the Interior or by the Director of Federal Contract Compliance, U.S. Department of Labor. F:\users\cat\shamdWa\Ag\BalboaV illagelmprove \Cen ficales\EqualOpportClause.doc 1. 2. 0 0 CONTRACTOR CERTIFICATION BALBOA VILLAGE IMPROVEMENTS PHASE I AMENDMENT TO CONTRACT NO. 3333 A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment , or modification of any /Federal contract, grant, loan or cooperative agreement. B. If any funds other then Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph (a) of this certification be in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. A. Contractor and subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a • 0 public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph B of this certification; and D. Have not within a three year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. C-.l Ud ooiton acl-- Contractor Name F:\ userskat \shared\da\Ag\BalboaVillage I mprove \Certificates \Contrador.doc 2 CITY OF NEWPORT BEACH PUBLIC WORKS, #DEPARTMENT ADDENDUM NO.2 BALBOA VILLAGE IMPROVEMENTS PHASE 1 CONTRACT NO 3333 DATE: September 12, 2001 TO: ALL PLANHOLDERS Page: 1 of 7 Bidders must also sign this Addendum No. 2 cover sheet and attach it to the bid Proposal. No bid will be considered unless this signed Addendum No. 2 coversheet is attached. I have carefully examined all seven pages of Addendum No. 2 and have included the full payment to implement the requirements of Addendum No. 2 in my Proposal. Bidder's Name (Please Prin Date Authorized Signature $ Title f=1 {� • 3 City of Newport Beach Balboa Village °' ments — Phase 1 Con � o. 3333 Addendum 2 A pre -bid meeting was held on September 11 ity Hall. Based on questions and discussions at the meeting, the following responses are provided. Questions were also faxed to the City on September 12"'. These questions are also addressed in this addendum. Q: For the Lithocrete work, what are the responsibilities for the general contractor? A: The general contractor is responsible for • Coordinating all operations with the Lithocrete subcontractor. • Demolition • Placing streetlight conduit, meters, and other utility appurtenances. • Providing all survey for the horizontal control. Survey also includes determining the sawcut angle lines and the radius points for the semicircular patters around the tree light poles. • Preparing compacted subgrade to within 0.1 foot. • Forming the tree wells. • Providing access bridges to maintain entry into businesses and dwellings. • After the concrete is placed, the general contractor is responsible for taking any appropriate measures to protect the Lithocrete (e.g., installing temporary fencing, barricades, etc.) during the cure time. The Lithocrete subcontractor will perform the final grading of the sub -base, forming, placing the concrete, pulling forms, sawcutting and acid wash. The general contractor is responsible for all of the Lithocrete subcontractor's activities. The City will not direct any of the activities of the Lithocrete subcontractor. The bid proposal shall include all costs for coordinating with the Lithocrete subcontractor. Q: What are the basic steps for placing Lithocrete? A: Day 1 - Fine grading of subgrade Day 2 - Install reinforcement Day 3 - Forming Day 4 - Place concrete and seed with surface aggregate Day 5 - Cure time, Strip forms, layout sawcut grid Day 6 - Cure time Day 7 - Sawcut Day 8 - Acid wash Q: How will the different types of Lithocrete be placed in Balboa Boulevard? �i A: Using the timeline above,.the T and Lithocrete (Rosso and stained) would be placed on: _ s 3, 4 and 5 Lithocret ' and yellow stains) would be placed a lowing day. Q: What is the scope of r9Pk end responsibilities of the rte subcontractor? A: See Attachment A. Q: What is the cure time for Lithocrete? A: The minimum set time before sawcutting is three days. Per Section F, 3.7.C., the Lithocrete cure time-4s. 14 days. Q: In order to expedite the project, what options can be considered for the Lithocrete installation? A: The key control for the placement of the Lithocrete is to maintain access to businesses and dwellings. Individual pours may typically cover 400 square feet and can start and end at the middle of doorways. Pours can be 'hop- scotched' down the block. Access bridges would be constructed to cross from the curb to the doorways. Pedestrians would access these bridges from temporary walkways within the street. These temporary walkways shall be designated appropriately (e.g., with delineators, tape, chainlink fence, etc.) on both sides of the walkway. Q: Can alternatives to the access bridges be used? A: Foam, plywood, or other materials laid directly on the Lithocrete will not be permitted. For isolated areas, the City will consider allowing the use of admixtures to obtain high early strength. Q: Explain Bid Item 27: Construct Modified Driveway /Alley Approaches. A: This bid item takes into account that there is additional preparation/grading for the 6 -inch thick driveways and alley approaches as compared to 4 -inch thick sidewalks. Q: Is there reinforcement in the existing concrete pavement in the street? A: Based on recent trench work on Balboa Boulevard from Adams Street to Medina Street, the 'old' PCC pavement does not include reinforcement. Pack Bell has recently installed new PCC pavement on the south side of Balboa r Boulevard from Adams Street to Palm Street. This new pavement was doweled into the existing concrete pavement. 1 s u 0 Page 3 of 4 Q: What do the "A" areas on Sheets 15 and 16 of the construction drawings represent? A: These are areas to be removed and replaced with 3 inches AC on 8 inches of Untreated Base. For this project, untreated base is crushed miscellaneous base or better. This item is paid per square foot under Bid Item 48. It is not paid under other AC bid items. Q: What is the required base material for this project? The bid items in the specifications call out for untreated base (crushed miscellaneous base or better). However, construction notes on the drawings refer to aggregate base or crushed aggregate base. A: Bid Item 21 correctly calls out Untreated Base as the base material to be used on this project. Where "AB" or "CAB" are called out on the drawings, that shall be interpreted as Untreated Base as defined in Bid Item 21. Q: Detail A, Palm Planting, on Sheet 88, shows 12-,16-, and 20 -foot Washingtonia robusta. Are these new palms or existing palms being relocated per Bid Item 148? A: These are existing palms being relocated per Bid Item 148. Q: The planting legend on Sheet 90 calls for 24 -inch box Phoenix robelenii. There is no bid item for this plant material. However, Bid Items 151, 153 and 154 refer to pigmy date palms. Please clarify. A: Bid items 153 and 154 should be deleted. Bid Item 151 is corrected as follows: 12 each 24 -inch box Phoenix Robelenii (Pigmy Date Palm) multi -trunk (3 trunks per box) with an average BTH of 3 feet." Q: Bid Item 155 calls for "6 -foot Cycad". Is this Cycas revolta? Is this a 6 -foot BTH and have they been located and tagged? Where will they be planted? A: Bid Item 155 is corrected as follows: "20 each 36 -inch box Cycas revolta multi -trunk (3 trunks per box) with an average BTH of 3 feet." These palms will be located at the pier plaza. Q: Bid Items 156, 157, and 158 are not shown on the drawings? Where will these trees be planted? A: The palm trees called out in these bid items are not part of the project. Omit Bid Items 156, 157 and 158. r) Page 4 of 4 Modify the specifications as follows: "SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. The City's construction manager, Harris & Associates shall be indemnified and shall be named as an additional insured under the Contractor's General Liability insurance policy. " FAUsers\PBW\Shared \Balboa Village \CONTRACT DOCUMENTS 7 -01 Wddendum 2Wddendum 2 091301.doc I& a L City of Newport Beach BALBOA VILLAGE IMPR(MENTS — PHASE 1 Contract No. C3333 Addendum 2 — Attachment A September 13, 2001 Shaw & Sons' wiH: 1. Obtain a City of Newport Business license for work within scope. 2. Install the formwork for Lithocrete® paving. ' 3. Perform fine grading based on receipt of compacted subgrade or base at +/- 0.10' with appropriate moisture content per soils report by others. 4. Provide all expansion joints as detailed and shown on plans. (Excludes caulking) 5. Provide all doweling of concrete expansion joints with Speed Dowels. 6. Assign a full -time Project Foreman or Superintendent to project site. 7. Maintain standing as a Union Contractor signatory with the local Cement Masons, Laborers and Carpenters Unions. 8. Construct all sawcut jointing per plans. 9. Guarantee a single source for all concrete materials. 10. Provide all shop drawings and plans required for cast in place concrete formwork only. 11. Assign Mr. Lee Shaw, Mr. Paul Taylor, or Mr. John Wills for the overall project coordination with the City of Newport Beach. This indudes Shaw & Sons crew management, schedule and sequence organization and attendance at the major site meetings. 12. Provide all rebar reinforcing for concrete scope items noted within this proposal. 13. Provide engineered concrete mix designs for submittal. 14. Receive from the General Contractor or client a total of (5) sets of updated construction plans and specifications at General Contractor or clients expense. All written value engineering alternates accepted shall be documented in graphic drawing form prior to construction commencement. The maximum value of outstanding, unexecuted change orders shall not exceed 3% of the contract total. Additional uncontracted work will not be costed or performed until this total is below the 3% value. 3 j `4ro Attachment A. Page 2 of 2 This proposal is based on a maximum of three move -ins. Additional move -ins will be charged at $ 2,500.00 each. An additional move -in is required if Shaw & Sons is required to leave the project site due to lack of woflc for more than two days. Based on 3000 -PSI Type II concrete % water /cement ratio. General Contractor to furnish to Shaw & So all standards and permits required by the local governing public agency. Shaw & Sons maintains the right to withdraw bid proposal after 60 days past the proposal date for the option of re- evaluating the final bid cost. Shaw & Sons will not be responsible for differences in surface appearances caused by entrapped moisture due to a slower cure rate at areas that receive surface protection compared to those areas that are directly exposed to the atmosphere. (if applicable protection of in place concrete is included) Shaw & Sons will not be responsible for monitoring any subtrade access or use of protected or unprotected concrete. Shaw & Sons will not be held responsible for concrete areas damaged by tenant contractors. P:1Users\PBW\Shared \Balboa Village \CONTRACT (DOCUMENTS 7- 011Addendum 2\Shaw & Sons Attachment 091201A changed.doc A • GC/ CONSTRUCTION SEP 7 2001 0 40 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC December 17, 2003 GCI Construction, Inc. 245 Fischer Avenue, Suite B3 Costa Mesa, CA 92626 Subject: Balboa Village Improvements Phase 1 (C -3333) To Whom It May Concern: On December 17, 2002, 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 February 13, 2003. The Surety for the contract is Travelers Casualty & Surety, Company of America, and the bond number is 83 SB 103207449 BCM. Enclosed is the Faithful Performance Bond. Since/rely,, V LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Bob Stein, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city,newport- beach.ca.us Ll CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT is BALBOA VILLAGE IMPROVEMENTS PHASE 1 BOND NUMBER 83 SB 103207449 BCM CONTRACT NO. 3333 PREMIUM: $31,907.00 EXECUTED IN FOUR COUNTERPARTS BOND NO 83 SB 103207449 BCM FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 14.00/9.35/8.20 being at the rate of $ 312 907.00 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1 , Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICP 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 three million, two hundred fifty -six thousand, nine hundred thirty-five and 05MOO Dollars ($3,256,935.05) lawful money of the United States of America, said sum being equal to 1001/o 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, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 doss hereby waive notice of any such change, extension of time, alterations or additions of Lhe Contract or to the wort: or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) 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 10th day of OCTOBER , 2001. GCI Construction, Inc. (Principal) TRAVELERS CASUALTY AND SURETY COMPANY Name of Surety AMERICA 21688 GATEWAY CENTER DR. Address of Surety DIAMOND BAR, CA 91765 -8512 (909) 612 -3000 Telephone MICHAEL D. STONG, ATTORNEY -'IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 13, 2003 GCI Construction, Inc. 245 Fischer Avenue, Suite B3 Costa Mesa, CA 92626 Subject: Balboa Village Improvements Phase 1 (C -3333) To Whom It May Concern: On December 17, 2002, 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 six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 9, 2003, Reference No. 2003000032368. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 83 SB 103207449 BCM. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk LH:lb cc: Public Works Department Bob Stein, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 BOND NUMBER 83 SB 103207449 BCM CONTRACT NO. 3333 PREMIUM IS INCLUDED IN PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS BOND NO. 83 SB 103207449 BCM 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1, Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized 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 three million, two hundred fifty- six thousand, nine hundred thirty -five and 051100 Dollars ($3,256,935.05) 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, fimmiy by.these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's = -' subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce' the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work,.or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 10th day of OCTOBER '2001. GCI Construction, Inc- (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DRIVE DIAMOND BAR, CA 91765 -8512 Address of Surety (909) 612 -3000 Telephone MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ' CALIFORNIA ALL- PURPOSERCKNOWLEDGMENT • State of California County of Orancie On October 17, 2001 before me, Janet L. Russell — Notary Public DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC personally appeared Floyd Bennett NAMES) OF SIGNER(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 ac- knowledged to me that he /she /they executed the same in his/her/their- authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the ---- ---- -- person(s) acted, executed the instrument. a JANET L. RUSSELL Comm. A 1166123 NOTARY PUBLIC. CALIFORNIA . WITNESS my hand and official seal. - • ✓ Orange County _y My Comm. Expires Dec. 21, 2001 /�7 J/ Yi' 4q L. Russel PIGNATURE OF Nlr4sy Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENrnY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184. Canoga Par%. OA 91309'7184 STATE OF _ COUNTY OF CALIFORNIA RIVERSIDE On IO /0 /o) , before me, I SS. PERSONALLY APPEARED - - -- MICHAEL D. STONG - - -- personally known to me (coy , - ) to be the person4c} whose nane(sj- is /,++ - ubscribed to the within nnstrument and acknowl- edged to me that he /ref executed the same in his/ `mac authorized capacity(ies), and that by his /her,/ -t-keir sig natureH on the instrument the person i;r-, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature —1-1-_' ` R. STANDLEY R.STANDLEY C01ViM.0263272 s r' ••'� NOTARY PUaLIC •CALIFORNIA N \ /) RIVERSIDE COUNTY `�.�- ,...�u:J my Comm. czP ;ros JVnn 7, 2004 This areafor Official Notarial Seal Though the data below is not required by law, it nay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITrFIS) LJ PARTNER(S) ❑ LIMITED P�l ree+eon+_ X� ATTORNEY -6N -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA.Yc OF FERSOr+(S) OR ENTI TYNE E) DESCRIPTION OF ATTACHED DOCUMENT TITLE 09 TYPE OF DOCUMENT NU:NIBER OF PAGES DATE OF DOCUMIENT SIGNER(S) OTHER THAN NAMED ABOVE D0`1 I`c,6/ ALL- PURPOSE ACICNOWLE-DGEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIII! IIIIIIIII! IIIIIIIIII! IIIIIIIIIIIIIII !IIIIIIIIIIIIIII!IiIIIIIIINO FEE 2003000032368 04:29pm 01109103 119 80 IY12 1 0.00 0.01) 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 of Costa Mesa, California, as Contractor, entered into a Contract on September 25, 2001. Said Contract set forth certain improvements, as follows: Balboa Village Improvements Phase 1 (C -3333) Work on said Contract was completed on October 18, 2002, and was found to be acceptable on December 17, 2002, by the City Council. Title to said property is vested in the Owner, and. the Surety for said Contract is Travelers Casualty and Surety Company of America. N _ / Pu orks Director y of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1"J "lCl �j , a��2 at Newport Beach, California. BY v N V M - %1/I,/l City Clerk s r CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT (3-3 C -3333 Agenda Item No. 5 December 17, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Bob Stein, P.E. 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: BALBOA VILLAGE IMPROVEMENTS PHASE 1, CONTRACT NO 3333 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the 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 September 25, 2001, the City Council authorized the award of the Balboa Village Improvements Phase 1 contract to GCI Construction, Inc., of Costa Mesa, California. The contract provided for installing a storm drain system, installing a new water main, reconstruction of streets and sidewalks using special concrete materials, installing new streetlights, relocating and planting new trees, planting new landscape areas, and installing new street furniture. 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: $3,256,935.05 Addition of the Balboa Pier Parking lot per Change Order No. 1 185,468.76 Modified Original Bid Amount 3,442,403.81 Actual amount of bid items constructed: 3,232,652.50 Total amount of change orders Nos. 2 - 8 560,168.95 Final contract cost: $3,792,821.45 For this complex project, over one hundred design changes and field adjustments were made during construction resulting in eight change orders. SUBJECT: BALBOA VILLAGE I VEMENTS PHASE 1, CONTRACT NO 3333 — C ETION AND ACCEPTANCE December 17, 2002 Page 2 Change Order No. 1, for approximately $192,000, added the reconstruction of the Balboa Pier parking lot and the two adjacent metered parking lots to the Village project. Change Order No. 2, for approximately $96,000, added landscape areas and changed the Pier parking lot gate equipment. Change Order No. 3, for approximately $40,000, was for a change in the Pier Plaza wall material from masonry block to cast -in -place white concrete. Change Orders Nos. 4 through 8 - totaling approximately $311,000, were issued due to unforeseen field conditions and design adjustments. Specific changes included: • Special traffic control measures during the holiday season and during spring break • Additional landscape and irrigation improvements • The Balboa Pier Plaza tree grates & up lights • Electrical system modifications • Installation of decorative bollards With the Balboa Pier parking lot reconstruction project (implemented through Change Order No. 1) included as part of the original construction cost, the final overall construction cost including Change Orders Nos. 2 through 8 was 16.24 percent of the modified bid amount. Funds for the project were expended in the following accounts: Description Balboa Village Water Main Water Distribution and Piping Sewer Manhole Replacement Balboa Village Plan General Fund Balboa Village Plan CDBG Balboa Village Off - Street Parking Balboa Village Neighborhood Enhancement Balboa Village Gas Tax Balboa Parking Lot Equipment Parking Lot Facilities Account No. 7501- C5500635 7501- C5500578 7533- C5600339 7013- C5100543 7161- C5100543 7022- C5100543 7024- C5100543 7181- C5100543 7231- C2370608 7231- C2370610 Total Amount $ 250,000.00 88,921.00 7,700.00 1,958,912.45 285,000.00 545,901.00 174,400.00 249987.00 40,000.00 192,000.00 $ 3,792,821.45 All work major work items were completed on May 31, 2002, the scheduled completion date. GCI Construction's punch list tasks were completed on October 18, 2002. Environmental Review: (Not applicable) Prepared by: Submitte by: Bob Stein, P.E. S phen G. Badum Project Manager /Public Works Director 1 ii 0 CITY OF NEWPORT ?EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 18, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Balboa Village Improvements Phase 1 Project (C- 3333); Notice of completion for the Street Improvements: Monrovia Avenue from 15th Street to 16th Street and 15"' Street from Monrovia Avenue to Superior Avenue Project (C- 3471); and Notice of Completion for the Buck Gully Sewer By- Pass /Siphon Abandonment Project (C -3566) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, ). xlwa�, LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach t • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 'Exempt ' rom reco ing ees pursuant to Govemment Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction of Costa Mesa, California, as Contractor, entered into a Contract on September 25, 2001. Said Contract set forth certain improvements, as follows: Balboa Village Improvements Phase 1 (C -3333) Work on said Contract was completed on October 18. 2002, and was found to be acceptable on December 17, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Pu orks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. II" Executed on .x9L ✓ �a , a�2— at Newport Beach, California. BY X &A4 -L M, City Clerk 3 3Yb BALBOA VILLAGE IMPROVEMENT PROJECT AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS THIS AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT, entered into this qtk— day of 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improevement Project, hereinafter referred to as "PROJECT'. B. CITY and CONSULTANT have entered into five separate AMENDMENTS of the AGREEMENT, the latest dated May 8, 2001, C. CITY desires to enter into this AMENDMENT NO. 6 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31, 2003. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 6 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 6 according to Exhibts "A, A -1, B, B -1 and B -2" attached and dated March 26, 2002, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 6 shall not exceed ninety -one thousand, two hundred fifteen and 00/100 Dollars ($91,215.00). 2003. 3. The term of the AGREEMENT shall be extended to December 31, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 6 on the date first above written. APPROVED AS TO FORM: By: LI — City Attorney ATTEST: By: L- 4� M LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, A municipal corporation BY: �� , Mayor i City of Newpo B ach Psomas BY: f� f : %usem\pbwtsharedlagreements\fy 01- 02\psomas - amendment no. 6.doc P S O M A S Memorandum Additional Service Authorization Date: March 26, 2002 Client: City of Newport Beach Project: Balboa Village Psomas Project No. 2NEW060300; City of Newport Beach Project No.: 3333 Psomas Project Manager Reference Change Order —Phase l Exhibit A I am forwarding a change order prepared by Psomas, Austin -Foust and Nuvis for extra work solicited by the City on the Phase 1 Construction. The support requested by the City has been substantially beyond that anticipated by the original contract, and a number of design tasks, not anticipated by the original contract, have been added to our scope during the construction phase. 1. Construction Support — The number of construction and coordination meetings held on the project have been higher than budgeted; extensive coordination has been needed to properly control issues related to the hardscape aesthetic treatments; and the number of RFI's being generated by GCI to the Psomas team are more than budgeted in the original scope of work. At the City's request Psomas is estimating about 6 hours of coordination effort per week for an anticipated period of 15 weeks to complete the project. A description of Nuvis' tasks and manbours is attached. 2. The City has asked that the Pier Plaza be redesigned at the request of GCI so that the project can be completed on schedule. Psomas activities include revising the base geometry, revising the horizontal control plan, revising tree well locations, eliminating and adding lights to the plaza, revising the plaza grading, and revising all top -of -wall and top -of- footing callouts along the seat wall. A description of Nuvis' tasks and manhours is attached. The Psomas team must prepare as -built drawings for the Phase 1 construction. In Psomas' case, the anticipated amount of work required to prepare the as -built drawings is anticipated to be higher than the original budget prepared for this task. This assessment is based upon discussions with Omar Dandashi and Emmet Berkery. Austin - Foust's construction support budget included a dollar and manhour amount intended to cover both support and as- building the drawings. The amount of support requested of Austin - Foust has been higher than budgeted and they no longer have any budget remaining to prepare the as -built plans. A description of AFA's manhour estimate to prepare the as -built plans is attached. 4. Nuvis has been asked to prepare a Palm Tree Relocation Plan. A description of thew scope and manhour estimate is attached. Psomas has provided some coordination manhours for this effort. 5. Nuvis has been asked to provide a detail and color palette of the circular pattern at the northeast corner of Balboa and Palm. Psomas has helped coordinate this effort and hours have been included to add the detail to the as -built plans after completion of the work. Assumptions: • Our work needs to be done by June so that the bidding and award of the work will occur during the summer and work can actually begin just after Labor Day. • As- builts won't be fully available until May, Psomas may need to revise this estimate based upon the amount of as -built information received at that tune. Project Manager $140/hr 120 Ins CAD Tech $85/hr 30 Ins Nuvis $32,390 Austin -Foust $2,500 Reproducibles $500 C:\WINDOWS \Temporary Intemet Files \OLKCI81 \020226 Ph 1 Const Changes.doc P S O M A S Additional Services Fee: $ 54,740 Type of Fee: (check one) Lump Sum Psomas Manager: (signature required) Client Authorization: (signature required) Time & Materials X Time & Materials, not to exceed: $ 54,740 Neil Gillis, Project Manager (Name) (Title) C:\Vv7NDOWS\TernpomiyInternet Files \OLKC181 \020226 Ph 1 Const Changes.doc (Date) (Date) PS OMAS Project Manager $140/hr CAD Tech $85/hr Nuvis $323390 Austin -Foust $25500 Reproducibles $500 Exhibit B 120 hrs 30 hrs MAR, 27. 2002 5:159PM P- z.TUVis IANDSCAPE AMITECTUAE A N o P L A N N I N G INNOVATIVE AND RESPONSIBLE DESIGN SOLUTIONS FOR 0 U EN V RON ME NT 3151 AIRWAY AVENUE, SUITE 13 COSTA MESA, CALIFORNIA U.S.A. 92626 -4640 Fx: 714.754.7346 PH- 714.754.7311 E -MAIL: NUVIXM®NUVIS.NET COSTA MESA, CALIFORNIA SAN RAMON, CALIFORNIA LAS VEGAS, NEVADA CALIFORNIA 1226 NEVADA 396 NUVIS 0 To: Bob Stein City of Newport Beach ❑ By Delivery ❑ By Mail ❑ Overnight a Fox _f)_# of pages is inclusive of cover sheet. Please Coll (7141754-7311 ex 230 N0. 113 P. 1 FAX /TRANSMIIIAL Date: 3/27/03 Project: Balboa Village Project #: 00- 210.01 ❑ For Approval ❑ Review and Comment Information ❑ Distribution if all pages are not transmitted. Bob: As requested, please fined o copy of the task and hourly breakdown for Phase One Change Order item lit. Irrigation Valve Plan: (One Auto Cod Drawing @1 " =20' on a 30 "x.40" sheet) Meetings Project Principal had a total of two on site meetings at the request of City Staff to review Irrigation Volvo relocation alternatives. (The total meeting time was three and a half hours) Revised Irrigation Plan- Nuvis under direction of City Staff and General Contractor developed a Auto Cod Drawing showing all irrigation revisions olong Balboa Avenue. See attached reduced plan for additional information. (The total number of hours to develop this drawing was twenty two plus on additional two hours on site to verify existing conditions in addition to two and o half hours of Principal review.) Site Furniture Relocation Plan: (Three Auto Cod Drawings @1' =20' on 30'x40" sheets) Meetings- Project Principal had a total of five meetings at the request of City Staff and Construction Management to review and select oliernotive 40 gal. trash cons, odd additional 32 got. Irosh cans @ Balboa Avenue, coordinate replacing metal benches with concrete benches and coordinate revised drawings with City Staff. (The total meeting time was seven hours) Revised Site Furniture Plan- Nuvis under direction of City Staff developed Auto Cod Drawings showing locations of revised Site Furniture, quantities and locations. (The total number of hours to develop this drawing package was twenty plus one hour of Principal review.) Signed: cc: MAR.27.2002 5:59PM NUVIS N4.113 P. 2 0 FAX /TRANSMITTAL To: Bob Stein Date: 3/27/03 City of Newport Beach Project: Ba1600 Village Project 8r 00- 210.01 ❑ By Delivery ❑ For Approval �� ❑ By Mail ❑ Review and Comment N U V I S ❑ Overnight Information In Fox ❑ Distribution _# of pages is inclusive of cover sheet. Please call if all pages ore not transmitted. LANDSCAPE AtCNITECTUlti ANA PI. ANN IN 6 Palm Tree Relocation Plan: (Two Auto Cad Drawings @ 1 "=20' on 30'xA011 sheets) A PREMIER RESOURCE FOR Meetings- Project Principal Under direction from City Staff wos asked to develop a strategy WNO`AATDEANDCOMPREF@NSIVE and plan that would best cotegorize the existing palm trees at the pier parking lot. Nuvis DESIGN SOLUTIONS FOR 0 u R E N V I R ON M E NT attended a total of five meetings during this period several to specifically identify and verify over one hundred palm trees. (The total meeting time was fifteen hours) Revised Palm Tree Relocation Plon• Nuvis under direction of City Staff Developed Auto Cod Drawings illustrating exact locations of all palm trees to be relocated of the new pier parking lot. I The total number of hours to develop this package was eight plus one hour of Principal review.) Palm Tree Selection: As requested by City Staff Nuvis spent eight hours hand selecting over 50 King Palms In Son Diego for Phase 1 and spent four hours reviewing photographs of alternate palm trees and reviewing planting revisions due to the lack of King Palm ovailabiliy, s CROwCANYONCOGR[ri10 Tide Gate Vault: SAN RAMON, CALIFORNIA See attached hourly breakdown for estimated hours. U.S.A. 91583 1621 F R: 5 1 0. 8 2 0 2 7 1 1 Estimated Construction Support Services: PH s 10, R 10. 22 P 2 The estimated nine hours a week is based on the average of on site meetings that ore requested from City Staff and Construction Management for o number of tasks due to design modifications and documentation, COSTA MESA, CALIFORNIA Please feel free to cantoct me if you n additional information, SAN RAMON. CALIFORNIA LOS ANGELES, CALIFORNIA Sincerely, LAS VEGAS, NEVADA MESQUITE, NEVADA CALIFORNIA 1226 Signed: Perry A.Cordozo cc: Nell Gillis MAN. 21. 2002 9:11M NUVIS 3127/03 Phase I Support Services hourly breakdown for item 41 Change Order dated 3125102 Irrigation Valve Plan 24hrs @ $70 ($1,680) 6hrs @ $110 ($660) Total $2,340 Site Furniture Relocation Plan 20 hrs @ $70 (1,400) Shrs @ $110 ($880) Total $2,280 Palm Tree Relocation Plan 16hrs @ $70 ($1,120) Shrs @ $110 ($880) Total 52,000 Palm Tree Selection 12hrs @ $110 ($1,200) Total S 1,200 Tide Gate Vault Preliminary Design IOhrs @ $110 ($1,100) Working Drawings Construction Details, Planting & Irrigation 25hrs @ $70 ($1,750) Shrs @ $110 ($880) Total 2,630 Estimated Construction Support Services: 15 weeks @ 9hrs a week @ $110 ($14,850) (Starting Feb. 18-May 27) Subtotal Request for Change Order Item $25300 NO 093 0i 2 I I' j gg m 51 E 84a s i I �Ff t� r i i¢5 6 i¢ 9 1 Rip, & f a 9 .i J, 3 113-1 P. 3 17- c � R. 21. 2002- 6:OOPN -NUS - - • N0. 11 + .9 Q 19, jAs L J am,& i O 'w r. L J am,& i J P. 4 b 11160 ®� � 06* 3p ' a Eg g ( ¢r� qrp�� {R fill It ��aE'gey��9� � �n E }yaCpp� • pp r..jj� PP0 4 "8 nb e� _ Jill �R INae a o_ p5 £ 4pi• pap n lid J P. 4 !� \{ � | |2 . |! �\ | � , | | I KI 2T2002- EerM--uQ: ) [ k | - | \ 2 \| ] � - '■ �v |q`§ �. � A■ ;; / | | ■ | � § E HS � ;.� �I�w/ e - �� !| MOSE.UALBOA__. LY f ^� k � \- k i-I I L� - a 6 i 9 a 21.2002 6:03PM--N�S N0. 11 Q� wR4 m� -ia r sb w �.e M1,60® ®� om* ■ C[ • R9q� Opt 11121 O® O O O O © E$ �3+ S SS a ;� R �� y� ^Ry ®® p9 eia d[�� R�3 o�E r z yn J P S O M A S Exhibit A - i Memorandum Additional Service Authorization Date: March 26, 2002 Client: City of Newport Beach Project: Balboa Village Psomas Project No. 2NEW060300; City of Newport Beach Project No.: 3333 Psomas Project Manager Reference Change Order — Phase 2 1. Provide recommendations to the Phase 2 drawing set and revise accordingly. Emmet Berkery will redline plans for CAD drafting by Psomas. Psomas estimates that revisions to each of 3 intersections will require about 2 hours of minor CAD drafting for each. The revisions for the frontage road revisions will be more extensive and an allowance of 6 hours has been provided for drafting revisions to that area. 6 hours of coordination time has been provided for the Project Manager (and 1 hour for participation of Project Principal in the Phase 2 design activities) has been included in this task. Descriptions and manhours estimates for both Nuvis and Austin -Foust tasks are attached. 2. Contact Edison and show the proposed theatre vault in Main St at Alley 256U. Confirm with SCE that the 2 vents near BJ's must remain in place. Emmet Berkery will contact SCE and coordinate the placement of the SCE Vault for electric service to the theater. Actual design work will be performed by SCE; Emmet will provide Psomas with a redlined plan which will define the location of the theater vault. Psomas will provide CAD drafting to include the vault on our improvement plans. 3. Add low - voltage uplighting on palm trees along Palm Street both north and south of Balboa Blvd. Psomas has prepared a budget of 4 hours to coordinate this work by Emmet Berkery and City Staff, with support from Nuvis. Nuvis will prepare a total of two lighting alternatives for the Fan Palms at Pahn Street and submit to the City for approval. The two alternatives will consist of a providing cut sheets showing a low voltage light fixture alternative as well as a 120 volt light fixture as the second alternative. Emmet and City staff will prepare construction drawings for transformer locations, service connections and conduit runs. The estimate assumes that Psomas will not have to make extensive plan sheet modifications to Sheets 13 and 14, "Main Street Improvement Plans," which should be the only Psomas plans impacted by the proposed revisions. 4. As needed, modify irrigation drawings to provide irrigation to Main Street N/o Balboa Boulevard and on Balboa Boulevard E/o Main Street. No conduit may run in the street through the Main Street intersection pavers. If needed, consider if conduit can be in the sidewalk area of the Main Street Intersection. Modify the street light drawings to provide power to Balboa Boulevard street lights E/o Main Street, Eliminate any conduit crossing within the street at the Main Street intersection . Consider if conduit can be ran in the sidewalk area of the Main Street Intersection. Psomas has prepared a budget to coordinate this work by Nuvis and Austin- Foust. Descriptions and manhours estimates for both Nuvis and Austin -Foust tasks are attached. Nuvis will review the irrigation drawings for Main Street north of Balboa Boulevard and consider if the system will be battery or electric powered for phases 2 and 3. The irrigation system will be resized C:\WINDOWS \Temoorary Internet Files \OLKC181 \032602 Pb 2 Revisions rgsl.docG�'WI".DE)WS',Te ---°- Interne Ft es)l 1 Plat81 n P S O M A S accordingly and the drawings modified.. On Balboa Boulevard east of Main Street, Nuvis will consider if the irrigation system will be battery or electric powered and they will resize the system accordingly. Austin- Foust will redesign the existing lighting system to provide power to streetlights on Balboa east of Main Street. AFA proposed to do the following: a) Recalculate existing system voltage drops to see if it can accommodate the streetlights. b) Redesign existing system to add these street lights or design new system with new power source to provide power to these lights. c) Modify all plans to reflect this new design. 5. Design FDC (Fire Department Connection) at Pavillion. Emmet Berkery will coordinate and prepare redlines for a FDC in the vicinity of the Pavillion at the north end of Main Street. Psomas will prepare a design sheet for the work defined by Emmet. 6. Complete the Pahn Street sea shell pattern plan spec. Psomas has prepared a budget of 1 hour to coordinate a specification section modified by Nuvis. The City will coordinate the incorporation of Nuvis' modification into the specification. Nuvis' task description and budget is attached. 7. Need striping delineation for Oceanfront. Coordinate with Paul Taylor. Psomas has prepared a budget of 2 hours to coordinate this work by Austin- Foust. Austin- Foust's task description and budget is attached. 8. Revise specs and estimate as needed. Emmet Berkery will perform this task. Psomas will provide up to 6 hours of support for this task, helping Emmet identify new specification requirements and also help him prepare the bid item list. 9. Stage Construction and Schedule based on funding. (Support for Omar and Emmet) Psomas and Austin -Foust will provide support for this activity, which will be performed by the City and other support staff. Psomas will provide up to 4 hours of support. A description of Austin - Foust's scope and manhour estimate is attached. 10. Circulation and Parking Plan (to be evaluated in conjunction with the construction staging approach and should include OCTA bus circulation, tourist bus circulation, pedestrian access requirements & signage, City parking permits, City parking policies for metered areas) Psomas will provide input and minimal coordination to this task, which will be primarily performed by Austin -Foust and Emmet Berkery. City staff will provide limits of work and design criteria to Austin - Foust. Austin -Foust will revise traffic and pedestrian control plans to accommodate the staging plan defined by the City. Assumptions: • Our work needs to be done by June so that the bidding and award of the work will occur during the summer and work can actually begin just after Labor Day. • As- builts won't be fully available until May, Psomas may need to revise this estimate based upon the as -built information that is not yet available. • Survey activities are not included. If survey is deemed necessary a supplemental budget will be prepared or City staff will provide the requested data, • Billing rates have been adjusted to reflect rates currently used on other Psomas Public Works projects. C\WINDOWS \TemwmrY Internet Files \OLKC 161 \032602 Pb 2 Revisions resl dac P•S0MAS • 4 hours of coordination time for Gary Dysart has been spread throughout the various tasks. Client Authorization: (signature required) (Date) (Name) (Title) C\ WINDOWS \Temnorary Intemet Files\OLKC18I\032602 Ph 2 Revisions resl doc :` u 6;'e 6,5 Project Director $150/hr 4hrs Project Manager $140/hr 36 hrs Design Engr $95/hr 8 hrs CAD Tech $85/hr 29 hrs Project Asst $60/hr his Nuvis & A -F $24,010 L! Id Reimbursables $3,600—nk Additional Services Fee: $ 36,475 Type of Fee: Time & Materials, not to exceed: $ 36,475 Psomas Manager: (signature required) Gary Dysart, Project Principal (Date) Client Authorization: (signature required) (Date) (Name) (Title) C\ WINDOWS \Temnorary Intemet Files\OLKC18I\032602 Ph 2 Revisions resl doc :` u 6;'e 6,5 0 9 NUVIS Exhibit B ' 1. Billing Rates Name Tide Billing Rate Robert R. Cardoza SeniorPrinci al $110.00 Leslee A. Temple SeniorPrinci al $110.00 Robert W. Stone Senior Princi al $110.00 Perry Cardoza Principal $110.00 Tom Munoz Principal $110.00 Jaime Rios Designer $ 85.00 Linda Forde CADD Tech I $ 70.00 Lamont Mecker CADD Tech I $ 70.00 Chris Atencio CADD Tech 11 $ 55.00 Robert Frisbie Draftsperson I $ 45.00 Scott Downey Draftsperson H $ 35.00 May 11, 2000 E /F "d EGS'ON wuED:oT ©eoc— Ti,�,tiw .. 411STIMA01IST ASSOCIATES, INC. N EERING AND TRANSPORTATION PLANNING TIN AVENUE - SANTA ANA, CALIFORNIA 92705 -7827 Effective January 1, 2000 AUSTIN -FOUST ASSOCIATES, INC. INDIVIDUAL RATE SCHEDULE Exhibit 8 -,Z, TELEPHONE (714) 667 -0496 FAX (714) 667.7952 E -mail: mail @austipfoust.com CATEGORY HOURLY _RATE Principal Terry Austin $135 Joe Foust $135 Design Engineer Rick Chavez $105 Transportation Engineer Cathy Lawrence $95 Jamie Anderson $90 Pat Kelley $80 Design Drafter Rob Steaffens $70 Technical /Clerical Connie Woodward $55 Joanne Herbel $50 Direct expenses billed as actual costs — T le o&E / 12 4'l TO: FROM: Mayor and Members of the City Council Public Works Department SUBJECT: PROJECT STATUS & APPROVAL OF AP PROFESSIONAL SERVICES AGREEMENT BALBOA VILLAGE IMPROVEMENT PROJECT RECOMMENDATIONS: C -3333 � April 9, 2002 CITY COUNCIL AGENDA ITEM NO. 12 APR o 9 2002 WITH PSOMAS FOR THE 1. Approve Amendment No. 6 to the Professional Services Agreement with Psomas for the Balboa Village Improvement Project in the amount of $91,215. This Amendment supplements the Phase 1 construction services budget and provides a design budget to revise the construction and bid documents for Phase 2. The Amendment also provides for a time extension to the Agreement. 2. Authorize the Mayor and City Clerk to execute Amendment No. 6. 3. Approve a Budget Amendment approving the transfer of funds in the amount of $12,179 from Account No. 7181- C5100070 to Account No. 7181- C5100543. REVIEW OF THE PLANNING, DESIGN, AND CONSTRUCTION SERVICES BUDGET On May 23, 2000, Council authorized the City to execute an Agreement with Psomas to provide pre- design, design, and construction services for the Balboa Village Improvement Project for a fee of $493,131. Five amendments totaling $252,176 have been previously approved for planning, design, and design revision tasks. (Amendment No. 5 for $130,195 was approved by Council on May 8, 2001.) Tasks covered by the previous amendments included: • Participating in expanded planning activities and working on design development for the streetscapes, Peninsula Park refurbishment, pier plaza redesign, and the landmark tower concept and preliminary design. • Designing landscape areas for the pier plaza, Oceanfront median area, and Peninsula Park. • Researching options for replacement street trees. • Preparing parking design options for Bay Avenue. • Preparing design options for Balboa Boulevard. • Modifying the design for underground utilities. • Revising the storm drain alignment in Washington Street. • Planning and design for the storm drain outfall across Edgewater into Newport Harbor. • Designing a new storm drain tide gate and vault. SUBJECT: PROJECT STAG& APPROVAL OF AMENDMENT NO. 6 TO THE OESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR THE BALBOA VILLAGE IMPROVEMENT PROJECT April 9, 2002 Page 2 • Design and revising parking, hardscape, trees, landscape, traffic, and utilities improvements throughout the Village. • Adjusting the drawings to accommodate a change in the limits of Phase 1 construction. • Providing supplemental survey. • Revising drawings to accommodate new construction phasing. • Providing enhanced project planning and coordination. AMENDMENT NO.6 Amendment No. 6 totals $91,215. It provides $54,740 to supplement Phase 1 construction services and $36,475 for Psomas to revise the Phase 2 bid and construction documents. During the course of this complex revitalization project, several opportunities arose to improve and 'fine tune' the project design in an effort to improve the overall quality and aesthetics of the completed project. The construction services and design tasks to accommodate those revisions and improvements in Phase 1 include: • Extensive community coordination for the review of hardscape and landscape aesthetic treatments including investigating alternative colors, patterns, textures, and treatments. • Redesigning and coordinating the pier plaza seat walls, street furniture, planters, irrigation, concrete benches, and concrete trash receptacles to improve contructibility and durability of the completed product. • Preparing a palm tree relocation plan and hand selecting 60 King Palms. • Preparing a landscape plan for the area at the north end of Washington Street at Edgewater including special treatment to hide the tide gate vault. • Preparing as -built plans for the construction revisions. Phase 2 design tasks include: • Revising the Phase 2 drawing set to accommodate changed conditions discovered during Phase 1 construction and to ensure compatibility with completed Phase 1 improvements that were revised from the original plans. • Revising plans to accommodate future electrical service the proposed Balboa Theatre. • Adding low- voltage uplighting on palm trees along Palm Street both north and South of Balboa Boulevard. • Adding irrigation and street light conduit to accommodate changes in the construction phasing to add Main Street North of Balboa Boulevard into Phase 2 and Balboa Boulevard East of Main Street into Phase 3. • Designing a Fire Department connection near the Balboa Pavilion. • Completing the Palm Street seashell pattern plan and specification. • Preparing a striping delineation plan for Oceanfront sidewalk/bikeway. • Preparing Phase 2 bid specifications and special provisions. • Assisting in the preparation of a staged construction plan. • Preparing a circulation and parking plan (to be evaluated in conjunction with the construction staging approach and shall include OCTA bus circulation, tourist bus circulation, pedestrian access requirements & signage, City parking permits, and City parking policies for metered areas). SUBJECT: PROJECT STATU PPROVAL OF AMENDMENT NO. 6 TO THE FIR SIONAL SERVICES AGREEMENT WITH PSOMAS FORE BALBOA VILLAGE IMPROVEMENT PROJECT Apol 9, 2002 Page 3 Funding for this work is available in the following accounts: Description Balboa Peninsula Improvement Balboa Village Plan EIR/Preliminary Plans Account No. Amount 7161- C5100361 $ 4,456.00 7181- C5100543 $74,580.00 7181- C5100070 $12,179.00 Total $91,215.00 Staff is requesting a Budget Amendment to transfer $12,179 from Account No. 7181 - 05100070 to Account No. 7181- C5100543. This transfer of funds will ease the trace ability of the expenses with the Balboa Village project. If approved, the term of Psomas' agreement will be extended to December 31, 2003. REVIEW OF PROJECT PHASING The Village Project has three construction phases. Phase 1, with a construction budget of approximately $3.5 million, will complete by June 2002. The major components of Phase 1 include: • Reconfiguring and resurfacing the pier parking lot including adding new bus bays. • Reconstructing the street and sidewalks on Balboa Boulevard (Adams Street/Main Street) Installing a new storm drain system with new outfall to the Bay. • Installing a new water main in Balboa Boulevard. Installing new street lights along Balboa Boulevard and in the pier parking lot. • Reconstructing the pier plaza. • Constructing an egress road from the A Street Parking Lot. • Installing new trees on Balboa Boulevard and in the pier parking lot. Installing new street furniture. Phase 2 is scheduled to begin on September 9, 2002. The Phase 2 construction budget is estimated at $2.0 million. The recently approved $2.4 million CDBG loan will fund the Phase 2 improvements. In this phase, the construction tasks include: Reconstructing the Oceanfront boardwalk and median area, Reconstructing Main Street for the pier parking lot to the Pavilion. • Reconstructing Washington Street and Palm Street from Oceanfront to Balboa Boulevard. Adding new trees on these streets. Installing new streetlights and street furniture on these streets. Phase 3, scheduled to begin in September 2003 has an estimated cost of $1.5 million. The following project elements are slated for construction in Phase 3: • Reconstructing Washington Street and Palm Street from Balboa Boulevard to Edgewater. SUBJECT: PROJECT STATI APPROVAL OF AMENDMENT NO. 6 TO THE P SSIONAL SERVICES AGREEMENT , WITH PSOMAS F THE BALBOA VILLAGE IMPROVEMENT PROJEC April 9, 2002 Page 4 • Reconstructing Bay Avenue from Palm Street to Main Street. • Installing an odor control system in the vicinity of Bay Avenue and Washington Street. • Widening the sidewalk on Balboa Boulevard from Main Street to A Street. Adding new trees on these streets. • Installing new streetlights and street furniture on these streets. • Installing a new irrigation system and new turf in Peninsula Park. CONCURRENT PROJECTS In the Balboa Village area, there are also several other projects that are anticipated to be in construction sometime during the implementation of Phase 2 and 3 of the Village Project including: • The Balboa Inn expansion could be starting construction in Fall 2002. • The Orange County Sanitation District is anticipating construction of a replacement pump station at Balboa Boulevard and A Street in January 2003 with a 14 -month construction schedule. The formation of an Underground Utilities Assessment District for the Village is underway. Construction is anticipated for the spring of 2003. CONSTRUCTION MANAGEMENT Harris & Associates is providing the day -to -day construction management of the Phase 1 Village improvements. Staff anticipates the City will need to hire a construction manager for the remaining two phases to inspect the proposed improvements, as well as to help coordinate the Village construction with the other proposed project in the area. Respectfully submitted, -/ PUBLI ORKS DEPARTMENT Stephen G. Badum, Director By:�i _ Robert Stein, P.E. Project Manager Attachment: Amendment No. 6 BALBOA VILLAGE IMPROVEMENT PROJECT AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS THIS AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improevement Project, hereinafter referred to as 'PROJECT'. B. CITY and CONSULTANT have entered into five separate AMENDMENTS of the AGREEMENT, the latest dated May 8, 2001. C. CITY desires to enter into this AMENDMENT NO. 6 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31, 2003. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 6 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 6 according to Exhibts "A, A -1, B, B -1 and B -2" attached and dated March 26, 2002, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 6 shall not exceed ninety -one thousand, two hundred fifteen and 00/100 Dollars ($91,215.00). 2003. 3. The term of the AGREEMENT shall be extended to December 31, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 6 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation APPROVED AS TO FORM: Mayor City of Newport Beach City Attorney ATTEST: By: LaVonne Harkless City Clerk Psomas go f : \usem\pbw%shared\agreements \fy 01- 02\psomas -amendment no. 6.doc 0 0 BALBOA VILLAGE IMPROVEMENT PROJECT AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS THIS AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improevement Project, hereinafter referred to as "PROJECT". B. CITY and CONSULTANT have entered into five separate AMENDMENTS of the AGREEMENT, the latest dated May 8, 2001. C. CITY desires to enter into this AMENDMENT NO. 6 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31, 2003. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 6 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 0 0 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 6 according to Exhibts "A, A -1, B, B -1 and B -2" attached and dated March 26, 2002, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 6 shall not exceed ninety -one thousand, two hundred fifteen and 00 /100 Dollars ($91,215.00). 3. The term of the AGREEMENT shall be extended to December 31, 2003. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.6 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation go APPROVED AS TO FORM: Mayor City of Newport Beach By: City Attorney ATTEST: LaVonne Harkless City Clerk Psomas f: \usem\pbw\shared\agreements\fy 01- 021psomas - amendment no. 6.doc PSOMAS Memorandum Additional Service Authorization Date: March 26, 2002 Client: City of Newport Beach Project: Balboa Village Psomas Project No. 2NEW060300; City of Newport Beach Project No.: 3333 Psomas Project Manager Reference Change Order — Phase 1 Exhibit A I am forwarding a change order prepared by Psomas, Austin -Foust and Nuvis for extra work solicited by the City on the Phase 1 Construction. The support requested by the City has been substantially beyond that anticipated by the original contract, and a number of design tasks, not anticipated by the original contract, have been added to our scope during the construction phase. 1. Construction Support — The number of construction and coordination meetings held on the project have been higher than budgeted; extensive coordination has been needed to properly control issues related to the hardscape aesthetic treatments; and the number of RFI's being generated by GCI to the Psomas team are more than budgeted in the original scope of work. At the City's request Psomas is estimating about 6 hours of coordination effort per week for an anticipated period of 15 weeks to complete the project. A description of Nuvis' tasks and manhours is attached. 2. The City has asked that the Pier Plaza be redesigned at the request of GCI so that the project can be completed on schedule. Psomas activities include revising the base geometry, revising the horizontal control plan, revising tree well locations, eliminating and adding lights to the plaza, revising the plaza grading, and revising all top -of -wall and top -of- footing callouts along the seat wall. A description of Nuvis' tasks and manhours is attached. 3. The Psomas team must prepare as -built drawings for the Phase 1 construction. In Psomas' case, the anticipated amount of work required to prepare the as -built drawings is anticipated to be higher than the original budget prepared for this task. This assessment is based upon discussions with Omar Dandashi and Emmet Berkery. Austin - Foust's construction support budget included a dollar and manhour amount intended to cover both support and as- building the drawings. The amount of support requested of Austin - Foust has been higher than budgeted and they no longer have any budget remaining to prepare the as -built plans. A description of AFA's manhour estimate to prepare the as -built plans is attached. 4. Nuvis has been asked to prepare a Palm Tree Relocation Plan. A description of their scope and manhour estimate is attached. Psomas has provided some coordination manhours for this effort. 5. Nuvis has been asked to provide a detail and color palette of the circular pattern at the northeast comer of Balboa and Palm. Psomas has helped coordinate this effort and hours have been included to add the detail to the as -built plans after completion of the work. Assumptions: • Our work needs to be done by June so that the bidding and award of the work will occur during the summer and work can actually begin just after Labor Day. • As- builts won't be fully available until May, Psomas may need to revise this estimate based upon the amount of as -built information received at that time. Project Manager $140/hr 120 Ins CAD Tech $85/hr 30 ins Nuvis $32,390 Austin -Foust $2,500 Reproducibles $500 CAWINDOWS \Tetnporary Intemet Files \OLKC181 \020226 Ph 1 Const Changes.doc P S O M A S Additional Services Fee: $ 54,740 Type of Fee: (check one) Lump Sum _ Time & Materials X Time & Materials, not to exceed: $ 54,740 Psomas Manager: (signature required) Client Authorization: (signature required) Neil Gillis, Project Manager (Name) (Title) Q \WINDOWS \Temporary lniemet Files \OLKC1SI \020226 Ph 1 Const Changes.doc (Date) P S O M A S Exhibit B Project Manager $140/hr 120 hrs CAD Tech $85/hr 30 hrs Nuvis $32,390 Austin -Foust $2,500 Reproducibles $500 MAR.27.2002 5 59P NUVIS N0. 113 P. 1 FAX /TRANSMITTAL. To: Bob Stein Date: 3/27/03 City of Newport Beach Project: Balboa Village Project #: 00- 210.01 ❑ By Delivery ❑ For Approval �- ❑ By Mail (] Review and Comment ❑ Overnight Information N L7 V I S Fox ❑ Distribution J�L# of pages is inclusive of cover sheet. Please call (714) 754 -7311 ex 230 if all pages are not transmitted, LANDSCAPE WHIVE[TURE A N Y P L A N K I N G Bob: As requested, please fined o copy of the task and hourly breakdown for Phase One INNOVATIVE AND Change Order item #1. - RESPONSIBLE DESIGN S0LUT10N5 FOR O U R E IV I R ON ME NT Irrigation Valve Plan: (One Auto Cod Drawing @1 " =20' on a 30 "x40' sheet) Meetings- Project Principal had o total of two on site meetings at the request of City Staff to review Irrigation Volvo relocation alternatives. (The total meeting time was three and a half hours) Revised Irrigation Plan- Nuvis under direction of City Staff and General Contractor developed a Auto Cod Drawing showing oil irrigotion revisions along Balboa Avenue. See attached reduced plan for additional information. (The total number of hours to develop this drawing was twenty two plus on additional two hours on site to verify existing conditions in addition to two and a half hours of Principal review.) Site Furniture Relocation Plan: 3151 AIRAMY AVENUE, SUITE F3 (Three Auto Cod Drawings @1'=20' on 30 °x40" sheets) COSTA AM, CALIFORNIA Meetings- Project Principal had a total of five meetings at the request of City Staff and U.S.A. 9 262 6-4640 Construction Management to review and select alternative 40 gol. trash Cons, add TX: 71 4.7 S 4.734 6 additional 32 got. trash cans @ Balboa Avenue, coordinate replacing metal benches with PH: 11 4.754.7311 E-MAIL: NUVIS {M ®NVVIS.XEi concrete benches and coordinate revised drawings with City Staff. he total meeting time g tY (T ng was seven hours) Revised Site Furniture Plan- Nuvts under direction of City Staff developed Auto Cod Drawings showing locations of revised Site Furniture, quantities and locations. (The total COSTA MESA, CALIFORNIA number of hours to develop this drawing package was twenty plus one hour of Principal SAN RAAON, CALIFORNIA review.) LAS VEGAS, NEVADA Signed: C A I I FO R N I A 1226 N E VA 0 A 3 9 6 cc: MAR.27.2002 5:59PM NUVIS N0.113 P. 2 i FAX /TRANSMITTAL To: Bob Stein Date; 3/27/03 City of Newport Beach Project: Balboa Village Project Sr 00- 210.01 ❑ By Delivery ❑ For Approval �� ❑ By Mail [a Review and Comment N iJ V I S ❑Overnight Information 63j Fax ❑ Distribution g of pages is inclusive of cover sheet, ^Please call if all pages ore not transmitted. LANDSCAPE ARCHITECTURE A N D P T A N N I N G Palm Tree Relocation Plan: (Two Auto Cad Drawings @ 1'1=20' on 30'x40" sheets) A PREMIER RESOURCE FOR Meetings- Project Principal Under direction from City Staff was asked to develop o strategy 14NOVATKANDCOM KNWE and plan that would best categorize the existing palm frees at the pier parking lot. Nuvis DESIGN SOLUTIONS FOR attended a total of five meetings during this period several to Specifically identify and OVl FNVI0.DNMF Ni g g f � it '7 verify over one hundred palm trees, [The total meeting time was fifteen hours) Revised Palm Tree Relocation Plor► Nuvis under direction of City Staff Developed Auto Cod Drawings illustrating exact locations of all palm trees to be relocated of the new pier parking lot. I The total number of hours to develop this package was eight plus one hour of Principal review.) Palm Tree Selection: As requested by City Staff Nuvis spent eight hours hand selecting over 60 King Palms In Son Diego for Phase 1 and spent four hours reviewing photographs of alternate palm trees and reviewing planting revisions due to the lack of King Palm availability, s CROW CANYON COURT. 1110 Tide Gate Vault: SAN RAMON, CALIFORNIA See attached hourly breakdown for estimated hours. U. 5.A. De 5 B3.102 I F %: 5 1 0. S 2 D 27 1 1 Estimated Construction Support,5ervices: PH; 5 1 0. R 2 0.27 7 2 The estimated nine hours a week is based on the overage of on site meetings that are requested from City Staff and Construction Management For o number of tasks due to design modifications and documentation, COSTA MESA, CALIFORNIA Please feel free to contort me iFyou n additional information, SAN RAMON, CALIFORNIA 105 ANGELES, CALIFORNIA Sincerely, LAS VEGAS, NEVADA p, MESQUITE. NEVADA C A M O R N I A 1 7 2 E Signed: Perry A. Cordozo cc: Neil Gillis MAR.27.2002 9:11AM @UVIS 3/27/03 Phase T Support Services hourly break=down for item #1 Change Order dated 3125102 Irrigation Valve Plan 24hrs @ $70 ($1,680) 6hrs @ $110 ($660) Total $2,340 Site Furniture Relocation Plan 20 hrs @ $70 (1,400) Shrs @ $110($880) Total $2,280 Palm Tree Relocation Plan 16hrs @ $70 ($1,120) Shrs @ $110 ($880) Total $2,000 Pahn Tree Selection 12hrs @ $110 ($1,200) Total $ 1,200 Tide Gate Vault Preliminary Design 10hrs @ $110 ($1,100) Working Drawings Construction Details, Planting & Irrigation 25hrs @ $70 ($1,750) Shrs. @ $110 ($880) Total 2,630 Estimated Construction Support Services: 15 weeks @ 9hrs a week @ $110 ($14,850) (Starting Feb. 18 -May 27) Subtotal Request for Change Order Item $25.300 N0. 093 K 2 1F I .m L �4 8 Bg5 6 , , 'Avg, Y O 0. 113 P. 3 Huse, eKSOa aras� mow a �4 J �6 tr 0. 113 P. 3 Huse, eKSOa aras� mow a �4 J :_d^I d t ^R 9 !, s R. 27. 2002— 6:004—NUVIS N0. F-1 F] i 113-71 P, 4 m r ff F! �I MA 9 y F-1 F] i 113-71 P, 4 m 9 y i + 9� 33w ® ®m RQUZ 1'g�Ttt?tt[[f i�lC6� w j59y4�4aI4Q si Lp ypy Q t }{ RRR @�dJ pQj 9e�$ 94 �����iY ; Y1w pap GSi 9- py 8 p d C ® ©O O© ©O O as a lie r G F - 'loll flip 31 il MAR. 27. 2002- 6:01P W lw BOURV.M Iw 7 1 A c t gE �15 " j I it I I I I I k� I I I Ib I Irlal I F f Y I I I� I I I I it IyJII ry I F I e 7 1 A c t gE �15 1 F +a e it Y F I e B 1 N v g ©OHO I FM I 113 P. 6 �B � e : .. RUM IBruaOA BLVD ME0 c 4W g Wlll CY, I 19 _. _.. ' 4+ 1 W 4 :• !3' ■a�,. ► y•. w O �w_ •r I W gg E 1pp % ;5 qRN m o r a2 R r 9 s ge 4 ! ! 1 1 * a Nail ZB� 1 r 1 g @yapp 55 k 9Ar g� yy ,t7 pS,� t� lip pp tl e` i �lg� s �A �e � � r Opt ©® o m 0 ©o ©gbyoy o p3s9qq� gull � 8"e S�.•� =i 6 ii9__ J E A s yd� P c c e� G� r e H 1� P. g P S O M A S Exhibit A - 1 Memorandum Additional Service Authorization Date: March 26, 2002 Client: City of Newport Beach Project: Balboa Village Psomas Project No. 2NEW060300; City of Newport Beach Project No.: 3333 Psomas Project Manager Reference Change Order — Phase 2 1. Provide recommendations to the Phase 2 drawing set and revise accordingly. Emmet Berkery will redline plans for CAD drafting by Psomas. Psomas estimates that revisions to each of 3 intersections will require about 2 hours of minor CAD drafting for each. The revisions for the frontage road revisions will be more extensive and an allowance of 6 hours has been provided for drafting revisions to that area. 6 hours of coordination time has been provided for the Project Manager (and 1 hour for participation of Project Principal in the Phase 2 design activities) has been included in this task. Descriptions and manhours estimates for both Nuvis and Austin -Foust tasks are attached. 2. Contact Edison and show the proposed theatre vault in Main St at Alley 256U. Confirm with SCE that the 2 vents near BJ's must remain in place. Emmet Berkery will contact SCE and coordinate the placement of the SCE Vault for electric service to the theater. Actual design work will be performed by SCE; Emmet will provide Psomas with a redlined plan which will define the location of the theater vault. Psomas will provide CAD drafting to include the vault on our improvement plans. 3. Add low - voltage uplighting on palm trees along Pahn Street both north and south of Balboa Blvd. Psomas has prepared a budget of 4 hours to coordinate this work by Emmet Berkery and City Staff, with support from Nuvis. Nuvis will prepare a total of two lighting alternatives for the Fan Palms at Pahn Street and submit to the City for approval. The two alternatives will consist of a providing cut sheets showing a low voltage light fixture alternative as well as a 120 volt light fixture as the second alternative. Emmet and City staff will prepare construction drawings for transformer locations, service connections and conduit runs. The estimate assumes that Psomas will not have to make extensive plan sheet modifications to Sheets 13 and 14, "Main Street Improvement Plans," which should be the only Psomas plans impacted by the proposed revisions. 4. As needed, modify irrigation drawings to provide irrigation to Main Street N/o Balboa Boulevard and on Balboa Boulevard E/o Main Street. No conduit may run in the street through the Main Street intersection pavers. If needed, consider if conduit can be in the sidewalk area of the Main Street Intersection. Modify the street light drawings to provide power to Balboa Boulevard street lights E/o Main Street, Eliminate any conduit crossing within the street at the Main Street intersection . Consider if conduit can be run in the sidewalk area of the Main Street Intersection. Psomas has prepared a budget to coordinate this work by Nuvis and Austin- Foust. Descriptions and manhours estimates for both Nuvis and Austin -Foust tasks are attached. Nuvis will review the irrigation drawings for Main Street north of Balboa Boulevard and consider if the system will be battery or electric powered for phases 2 and 3. The irrigation system will be resized C:\WIND0WS \Te=0rery Internet Files \OLKC181 \032602 Ph 2 Revisions rgsl.doc P S O M A S accordingly and the drawings modified.. On Balboa Boulevard east of Main Street, Nuvis will consider if the irrigation system will be battery or electric powered and they will resize the system accordingly. Austin- Foust will redesign the existing lighting system to provide power to streetlights on Balboa east of Main Street. AFA proposed to do the following: a) Recalculate existing system voltage drops to see if it can accommodate the streetlights. b) Redesign existing system to add these street lights or design new system with new power source to provide power to these lights. c) Modify all plans to reflect this new design. 5. Design FDC (Fire Department Connection) at Pavillion. Emmet Berkery will coordinate and prepare redlines for a FDC in the vicinity of the Pavillion at the north end of Main Street. Psomas will prepare a design sheet for the work defined by Emmet. 6. Complete the Palm Street sea shell pattern plan spec. Psomas has prepared a budget of 1 hour to coordinate a specification section modified by Nuvis. The City will coordinate the incorporation of Nuvis' modification into the specification. Nuvis' task description and budget is attached. 7. Need striping delineation for Oceanfront. Coordinate with Paul Taylor. Psomas has prepared a budget of 2 hours to coordinate this work by Austin- Foust. Austin - Foust's task description and budget is attached. 8. Revise specs and estimate as needed. Emmet Berkery will perform this task. Psomas will provide up to 6 hours of support for this task, helping Emmet identify new specification requirements and also help him prepare the bid item list. 9. Stage Construction and Schedule based on funding. (Support for Omar and Emmet) Psomas and Austin -Foust will provide support for this activity, which will be performed by the City and other support staff. Psomas will provide up to 4 hours of support. A description of Austin- Foust's scope and manhour estimate is attached. 10. Circulation and Parking Plan (to be evaluated in conjunction with the construction staging approach and should include OCTA bus circulation, tourist bus circulation, pedestrian access requirements & signage, City parking permits, City parking policies for metered areas) Psomas will provide input and minimal coordination to this task, which will be primarily performed by Austin -Foust and Emmet Berkery. City staff will provide limits of work and design criteria to Austin - Foust. Austin -Foust will revise traffic and pedestrian control plans to accommodate the staging plan defined by the City. Assumptions: • Our work needs to be done by June so that the bidding and award of the work will occur during the summer and work can actually begin just after Labor Day. • As -buihs won't be fully available until May, Psomas may need to revise this estimate based upon the as -built information that is not yet available. • Survey activities are not included. If survey is deemed necessary a supplemental budget will be prepared or City staff will provide the requested data. • Billing rates have been adjusted to reflect rates currently used on other Psomas Public Works projects. C:\ WINDOWS \Temnorary lntemet Files \OLKC181 \032602 Ph 2 Revisions r¢sldoc .` P S O M A S • 4 hours of coordination time for Gary Dysart has been spread throughout the various tasks. Project Director $150/hr 4 Ins Project Manager $140/hr 36hrs Design Engr $95/hr 8 hrs CAD Tech $85/hr 29 firs Project Asst $60/hr Ins Nuvis & A -F $24,010 Reimbursables $3,600 Additional Services Fee: $ 36,475 Type of Fee: Time & Materials, not to exceed: $ 36,475 Psomas Manager: (signature required) Gary Dysart, Project Principal (Date) Client Authorization: (signature required) (Date) (Name) (Title) C\WINDOWS \Temmmr Intemet Files \OLKC181 \032602 Ph 2 RCVISiOnSTPStd0 .` • a NUVIS Exhibit B 1- Billing Rates Name Title BiWng Rate Robert R- Cardoza Senior Principal $110.00 Leslee A. Tem le Senior Princi al $110.00 Robert W. Stone Senior Princi al $110.00 Perry Cardoza Princi al $110.00 Tom Munoz Jaime Rios Principal Desi er $110.00 $ 85.00 !, Linda Forde CADD Tech I $ 70.00 Lamont Klecker Chris Atencio CARD Tech I CADD Tech lI $ 70.00 $ 55.00 Robert Frisbie Drafts rson I $ 45.00 Scott Downey Drafts erson lI $ 35.00 May 11, 2000 r. - ZiZ'd E55 "OFJ WdE ©:9T 0©92'TT',,dW ®r®Al/ST /N fOUST ASSOC /ATES, INC. TRAFFIC ENGINEERING AND TRANSP ORTArtoN PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92705 -7827 Effective January 1, 2000 AUSTIN -FOUST ASSOCIATES, INC. INDIVIDUAL RATE SCHEDULE Exhibit B —Z. TELEPHONE (714) 667 -0496 FAX (714) 667 -7952 E -mall: mail Oaustinfoust.com CATEGORY HOURLY RATE Principal Terry Austin $135 Joe Foust $135 Design Engbeer Rick Chavez $105 Transportation Engineer Cathy Lawrence $95 Jamie Anderson $90 Pat Kelley $80 Design Drafter Rob Steaffens $70 Technical /Clerical Connie Woodward $55 Joanne Herbel $50 Direct expenses billed as actual costs 4l i Sty of Newport Beach* BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 038 AMOUNT: F$12,179,00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect an Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer funds provide for Amendment No. 6 to the professional services agreeemnt related to the Balboa Village Improvement Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number Account Number Signed: Signed: Financial Administrative Appro,Jal: City Manager Amount Debit Credit $12,179.00 AutomaG'c $12,179.00 z Date Signed: City Council Approval: City Clerk Date Description Division Number 7181 Gas Tax Account Number C5100070 EIR/Preliminary Plans Division Number 7181 Gas Tax Account Number C5100543 Balboa Village Plan Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Financial Administrative Appro,Jal: City Manager Amount Debit Credit $12,179.00 AutomaG'c $12,179.00 z Date Signed: City Council Approval: City Clerk Date Sty of Newport Beach* BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 038 AMOUNT: 512,179.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer funds provide for Amendment No. 6 to the professional services agreeemnt related to the Balboa Village Improvement Proiect. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Financial Signed: i �"�'•^��. Signed: City Council Approval: City Clerk APR 0 9 2002 Amount Debit Credit $12,179.00 $12,179.00 Z Date ,2,Z 9ZQa Date Description Division Number 7181 Gas Tax Account Number C5100070 EIR/Preliminary Plans Division Number 7181 Gas Tax Account Number C5100543 Balboa Village Plan Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Signed: i �"�'•^��. Signed: City Council Approval: City Clerk APR 0 9 2002 Amount Debit Credit $12,179.00 $12,179.00 Z Date ,2,Z 9ZQa Date ' C 3 ?) CITY OF NEWPORT BEACH TO: HONORABLE MAYOR AND M FROM: Homer L. Bludau, City Manage DATE: December 11. 2001 APPROVED AGENDA ITEM NO. 20 1BEKS QR THE CITY COUNCIL SUBJECT: APPROVAL OF RECOMMENDATIONS FOR PROPOSED ACTIONS TO ASSIST BALBOA VILLAGE BUSINESSES AND RESIDENTS DURING CONSTRUCTION OF IMPROVEMENTS Approve and implement staff recommendation. BACKGROUND: The Balboa Village Improvement construction project is the culmination of several years of resident and business input and City planning, with the goal of making the Village more attractive, functional and pedestrian friendly. The construction work began in November, and the trenching and replacement of sewer lines is causing a negative impact on parking in the area and access to Village businesses. RECOMMENDED ACTIONS: Based on conversations with Village merchants and a meeting with staff, the City Manager has authorized certain actions and requests City Council approval of other actions including the following: 1. We have initiated an "Opportunistic Parking Plan" in which our field personnel will be identifying parking opportunities as they appear on a daily basis.. The criteria for providing parking is: 1) safety — access to and from the spaces must be safe and passable for vehicles and pedestrians; 2) timeframe — the available parking must be available for minimum of one week to justify re- striping and special signing; and 3) project schedule — the parking cannot impede the normal schedule of work (i.e. do not allow parking if the area needs to be open to the contractor the next morning). City Hall 9 3300 Newport Boulevard • Post Office Box 1768 . Newport Beach, California 92659 -1768 Approval of RecommerTSations for Proposed Actions to Assist Balboa Village Businesses and Residents During Construction of Improvements Page 2 The best opportunities to improve parking will be upon completion of some phases of work (i.e. staff will open parking a block at a time as the curb is completed). 2. Our construction management staff will continue meeting with the business owners one on one at least once a week. Currently, Omar is visiting all businesses twice a week and the more impacted businesses daily and will continue as necessary to ensure good communications. 3. Temporary access signing will be made available during periods of heavy restriction. Marilee and ED are working on this. Currently, we are composing a sandwich board sign for the Balboa Market for the Boat Parade which we could continue to use. 4. We will be adding nine spaces in the vicinity of Main and Balboa (this week). 5. We will be adding two temporary 20 minute parking spaces (formerly red curb) on Main Street adjacent to the Post Office between the Post Office and the Balboa Pavilion on the east side of the street (same side as the Post Office). These spaces could be used by customers to the pharmacy as well. 6. We will re- stripe westbound Balboa at Main to provide a right turn only lane onto Main Street. This will allow us to reopen four spaces and a 20 minute loading zone adjacent to the Kite Store and former restaurant (future OCSD pump station site) between A Street and Main Street as well as improving traffic circulation for motorists coming from Peninsula Point to access the Post Office, pharmacy and other businesses on that end of Main Street. 7. We will be adding two temporary spaces along Main Street between the alley and Balboa Boulevard adjacent to the Orange Julius building. Since Balboa Boulevard is limited to one lane each way, the dual left turn from Main Street cannot be used. We will be utilizing the former second outbound lane for this parking. 8. Pulling or covering all of the meters and posting two hour parking, 8:00 a.m. to 6:00 p.m. 9. City send a mailing to Balboa residents explaining the construction project and asking for their patronage of Village businesses. • Approval of Reoommetations for Proposed Actions to Assist Balboa Village Businesses and Residents During Construction of Improvements Page 3 These actions should help ease parking and business access issues in the area during construction, but will not eliminate them. There are going to be times when businesses and patrons will be adversely affected; staff will do its best to keep this to a minimum. Staff will be working with businesses on a daily basis to accommodate business and patron needs. The recommended actions will result in some loss of parking meter revenue during construction, particularly the bagging /pulling of parking meters within the Village. An attachment is provided with historical data to show meter revenue production by month and year. 0 0 Street Month I Year SumOfAmount • Street 11 2001 $3,440.84 • Street 10 2001 $3,119.49 • Street 9 2001 $4,964.32 • Street 8 2001 $9,518.80 • Street 7 2001 $10,779.60 A Street 6 2001 $7,375.41. A Street 5 2001 $5,975.41 A Street 4 2001 $4,246.86 A Street 3 2001 $4,217.46 • Street 2 2001 $2,347.35 • Street 1 2001 $3,238.08 • Street 12 2000 $2,090.34 • Street 11 2000 $2,951.80 • Street 10 2000 $2,920.80 •Street 9 2000 $5,125.91 • Street 7 2000 $8,976.63 • Street 6 2000 $9,717.37 • Street 5 2000 $4,946.05 • Street 4 2000 $4,897.69 • Street 3 2000 $4,594.21 • Street 2 2000 $2,607.19 • Street 1 2000 $2,366.76 B Street 11 2001 $1,006.37 B Street 10 2001 $1,738.85 B Street 9 2001 $1,438.37 B Street 8 2001 $4,561.51 B Street 7 2001 $4,042.98 B Street 6 2001 $3,994.35 B Street 5 2001 $1,726.87 B Street 4 2001 $2,974.52 B Street 3 2001 $994.45 B Street 2 2001 $802.61 B Street 1 2001 $1,381.03 B Street 12 2000 $332.19 B Street 11 2000 $781.48 B Street 10 2000 $1,423.69 B Street 9 2000 $1,580.41 B Street 7 2000 $3,694.35 B Street 6 2000 $3,367.28 B Street 5 2000 $2,679.22 B Street 4 2000 $1,900.05 B Street 3 2000 $1,864.27 B Street 2 2000 $514.93 B Street 1 2000 $921.01 Balboa Business 11 2001 $5,314.41 Balboa Business 10 2001 $5,837.84 Balboa Business 9 2001 $7,476.77 Balboa Business 8 2001 $13,333.40 Balboa Business 7 2001 $14,989.88 Balboa Business 6 2001 $11,052.44 Balboa Business 5 2001 $9,447.33 Balboa Business 4 2001 $10,653.78 Balboa Business 3 2001 $9,500.61 Balboa Business 2 2001 $7,028.11 Balboa Business 1 2001 $7,487.16 Balboa Business 12 2000 $6,769.96 Balboa Business 11 2000 $8,240.85 Balboa Business 10 2000 $7,348.26 Balboa Business 9 2000 $7,251.52 Balboa Business 7 2000 $4,703.62 Balboa Business 6 2000 $5,038.81 Balboa Business 5 2000 $3,581.27 Balboa Business 4 2000 $3,864.14 Balboa Business 3 2000 $4,408.99 Balboa Business 2 2000 $2,985.80 Balboa Business 1 2000 $2,177.76 Balboa Metered Lot 11 2001 $2,922.24 Balboa Metered Lot 10 2001 $3,907.05 Balboa Metered Lot 9 2001 $4,131.51 Balboa Metered Lot 8 2001 $8,293.38 Balboa Metered Lot 7 2001 $10,245.84 Balboa Metered Lot 6 2001 $6,482.06 Balboa Metered Lot 5 2001 $5,886.12 Balboa Metered Lot 4 2001 $4,451.56 Balboa Metered Lot 3 2001 $3,732.26 Balboa Metered Lot 2 2001 $2,754.53 Balboa Metered Lot 1 2001 $4,088.36 Balboa Metered Lot 12 2000 $2,850.73 Balboa Metered Lot 11 2000 $2,519.17 Balboa Metered Lot 10 2000 $3,343.26 Balboa Metered Lot 9 2000 $4,739.96 Balboa Metered Lot 7 2000 $9,102.28 Balboa Metered Lot 6 2000 $6,495.68 Balboa Metered Lot 5 2000 $6,279.67 Balboa Metered Lot 4 2000 $4,526.28 Balboa Metered Lot 3 2000 $3,979.18 Balboa Metered Lot 2 2000 $3,570.02 Balboa Metered Lot 1 2000 $3,147.34 Palm St Lot 11 2001 $2,696.83 Palm St Lot 10 2001 $4,346.58 Palm St Lot 9 2001 $4,885.60 Palm St Lot 8 2001 $7,924.71 Palm St Lot 7 2001 $8,150.41 Palm St Lot 6 2001 $6,425.46 Palm St Lot 5 2001 $5,062.56 Palm St Lot 4 2001 $5,780.28 Palm St Lot 3 2001 $4,655.27 Palm St Lot 2 2001 $2,788.09 Palm St Lot 1 2001 $3,462.98 Palm St Lot 12 2000 $3,502.15 Palm St Lot 11 2000 $3,450.77 Palm St Lot 10 2000 $4,044.95 Palm St Lot 9 2000 $5,531.37 Palm St Lot 7 2000 $6,860.01 Palm St Lot 6 2000 $4,425.77 Palm St Lot 5 2000 $4,469.78 Palm St Lot 4 2000 $3,294.49 Palm St Lot 3 2000 $2,984.67 Palm St Lot 2 2000 $1,833.01 Palm St Lot 1 2000 $2,414.74 Washington St Lot 11 2001 $727.31 Washington St Lot 10 2001 $890.74 Washington St Lot 9 2001 $649.23 Washington St Lot 8 2001 $1,118.92 Washington St Lot 7 2001 $1,006.76 Washington St Lot 6 2001 $965.20 Washington St Lot 5 2001 $901.68 Washington St Lot 4 2001 $818.61 Washington St Lot 3 2001 $856.27 Washington St Lot 2 2001 $668.89 Washington St Lot 1 2001 $676.70 Washington St Lot 12 2000 $674.50 Washington St Lot 11 2000 $857.77 Washington St Lot 10 2000 $664.82 Washington St Lot 9 2000 $566.92 Washington St Lot 7 2000 $383.36 Washington St Lot 6 2000 $483.33 Washington St Lot 5 2000 $358.85 Washington St Lot 4 2000 $387.62 Washington St Lot 3 2000 $473.79 Washington St Lot 2 2000 $345.75 Washington St Lot 1 2000 $8,935.65 C_3333 December 11, 2001 CITY COUNCIL AGENDA ITEM NO. 13 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA PIER PARKING LOT RESURFACING APPROVED' RECOMMENDATIONS: 1. Authorize the resurfacing of the Balboa Pier Parking Lot to be included within the scope of work for the Balboa Village Improvement project (Contract No. 3333). 2. Authorize the City Manager to execute Change Order No. 1 with GCI Construction, Inc., in the amount of $195,135 for this work. DISCUSSION: The Balboa Village Improvement project, currently under construction by GCI Construction Inc., (GCI), includes some pavement maintenance work within the Balboa Pier Parking Lot (removal and replacement of severely distressed pavement and application of a slurry seal). Harbor Resources Staff requested this pavement maintenance be upgraded to a resurfacing project using funds from the Parking Lot Facilities Maintenance Program. Public Works Staff agrees that repaving the parking lot is needed and has prepared a pavement resurfacing plan to eliminate the "bird baths" and improve the drainage within the parking lot. GCI reviewed this plan and has estimated the costs at approximatetly $190,000. GCI's unit costs for this new work are reasonable. GCI's existing contract includes many construction tasks within the Balboa Pier Parking Lot including: • Removing and replacing areas of distressed pavement • Removing and planting trees within and on the periphery of the parking lot • Removing and installing new parking lot lighting • Installing new irrigation • Applying a slurry seal over the entire area of the lot and re- striping the entire lot From a construction engineering point of view, it is highly advantageous to have GCI perform the resurfacing work as it could be integrated with other tasks GCI is performing within the Pier Parking Lot. y SUBJECT: Balboa Pier Parking L•surfacing • December 11, 2001 Page 2 Our Coastal Development Permit requires the City to maintain a minimum of 240 parking spaces in the Pier Parking Lot at all times. This can only be accomplished by completing all work in one section of the parking lot, then moving the public parking to that area to free up the next section of the parking lot for improvements. If the project were to be bid separately and another contractor awarded the paving contract, it is difficult to imagine how two contractors could coordinate their activities and complete the project on time. (The Coastal Development Permit requires the Balboa Village project to be complete by Memorial Day). Staff recommends the City approve the change order with GCI to eliminate the slurry seal work and to resurface the Balboa Pier Parking Lot for an amount of $195,135. Funds for this work are available in the following account: Description Account Number Amount Parking Lot Facilities Maintenance Program 7231- C2370610 $192,000 The additional costs will be paid out of the approved contract contingency. Respectfully submitted, WORKS DEPARTMENT G. Badum. Director By:\� Robert Stein, P.E. Project Manager Attachment: Change Order No. 1 CITY OF NEWART BEACH �WP °Rr CONTRACT CHANGE ORDER � n 9t /FO P CONTRACT NO. 3333 PROJECT TITLE: Balboa Village Improvements - Phase 1 CHANGE ORDER: 1 CONTRACTOR: GCI Construction PAGE: 1 OF 1 ENCUMBRANCE NO.: CCO SUMMARY COST: 195,135.00 ORIGINAL CONTRACT: $3,256,935.05 CCO TOTAL IN % 5.99 COMPLETION DATE: 31- May -02 CHANGE REQUESTED BY: City CO. TYPE: Lump Sum DESCRIPTION: Resurfacing of the Balboa Pier Parking Lot following changes are hereby incorporated into the project plans and specifications: ,val - Curb & 2 -foot gutter Type A oval - Curb & 1 -foot Gutter rize existing 3 -inch thick AC I AC overlay (AVG 4 -inch) & Gutter Type A - 2 -foot Gutter 7 Gutter Type A -1 -foot Gutter : wide PCC Gutter ide Parking Lot :ed Items h Curb Type B 48: Parking Lot Digouts v Seal IN CONTRACT TIME contractor, 0- CALENDAR DAYS 7 17,250 4,320 19,182 54,917 2,800 SUBTOTAL 295,745 SUBTOTAL NET CHANGE $ 195,135.1 to the change proposed and hereby agree, if is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: BY: APPROVAL CONTRACTOR: TITLE: CONSTRUCTION ENGINEER GCI Construction DATE: APPROVED: DATE: CITY MANAGER 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 BOND NUMBER 83 SB 103207449 BCM CONTRACT NO. 3333 PREMIUM IS INCLUDED IN PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS BOND NO. 83 SB 103207449 BCM 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1, Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held finTdy bound unto the City of Newport Beach, in the sum of three million, two hundred fifty- six thousand, nine hundred thirty -five and 051100 Dollars ($3,256,935.05) 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. • • The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the worker 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 10th day of OCTOBER , 2001. GCI Construction, Inc. (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DRIVE DIAMOND BAR, CA 91765 -8512 Address of Surety (909) 612 -3000 Telephone MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE KNOWLEDGMENT State of California County of Orange On October 17, 2001 before me, Janet L. Russell - Notary Public DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUeUC- personally appeared Floyd Bennett NAME(S) OF SIGNER(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 ac- knowledged to me that he /she /they executed the same in his /her /their - authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET L. RUSSELL Comm. # 1166123 N NOTARY PUBLIC CALIFORNIA N WITNESS my hand and o lal seal. Orange Nt. My Comm. Expires l Dec. 21, 2001 L. RUSSelgIGNATIJRE"rAAY Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER wIM01 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTrTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 80-1133 3194 01993 NATICNAL NOTARY ASSOCIATION • 9236 Remmet Ave., P.O. Box 7194. Canoga Part CA 91-09-7184 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On ld lo o �. , before me, ___ - -- PERSON'ALLY APPEARED - -'"– MICHAEL D. STONG– - personally known to me (r .. f to be. the person44whose name(+ is /PRce- ubscri'oecl to the within nnstrument and acknowl- edged to me that he /&'executed the same in his/ authorized capacity(ies), and that by his /hez,/ -4eir sigrnatureH on the instrument the persoin4 or the entity upon behalf of which the person(s) acted, executed the instrument. WITINESS my hand and official seal. Signature IR�d "�. - -( U ,.._..z. -_ • • R. STANDLEY R. STAtdDLEY ii COfdM. #1263272 ` NOTARY PUS, IC - CALIFORNIA RNFRsME COUNTY �` ^e9: My COrtim. ERpims Juno 7, 2004 TI:iS area for O�ficial h'otnrfnl Saal 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 U INDfVIDUAL ❑ CORPORATE OFFICER TITLEtSj U PARTNER(S) ❑ LIMITED IXt ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN, CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N0.:!E OF PERSONS) OR ENT'TYaES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1Dp'r " "`6 /9' ALL- PURPOSE ACKNOWLf✓LGEMENT TRAVELERS CASUALTY AND SURETY COMPANY OF RICA ERS CASUALTY AND SURETY COMP GTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Monteon, Rosemary Standley, of Riverside, California, their true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and scaled by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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I J- `S z u NNOa m �0 o Z 8 61 � 'aeoa7arN = �� a _ Y % • y n T "eo�ro b�l fi YrYgSV7 seMV A1�VC k)M50� .. CFd0, 'dV H 30 AINH100 PIOJ)'6'H SS{ .LHIOLL09NNOJ JO 3J.VIS ,100Z 1sany p dep ip8Z stg) paxT$u olaJaq gq of slugs zwodJoo nags pue wmsaad aglA .lo)uaS Jlagl Kq paugcs ail of luaumnsu. sill pasneo aneq ANVd1AIO0 AI'IVIISVO NOLf)MWIIV3 Pue ANVdWOJ AIMIS QNV AI'IVIISVO SiIH'I v&t `VJIHHIIIV 30 ANVdNIOJ A.LHIIf1S QNV AIIVfISVJ SHaIHAVdJ, `AOaU3HM SS3NIIM NI • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 1 BOND NUMBER 83 SB 103207449 BCM CONTRACT NO. 3333 PREMIUM: $31,907.00 EXECUTED IN FOUR COUNTERPARTS BOND NO. 83 SB 103207449 BCM FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 14.00/9.35/8.20 being at the rate of $31, 907.00 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 BALBOA VILLAGE IMPROVEMENTS PHASE 1 , Contract No. 3333 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. 3333 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duty 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 three million, two hundred fifty -six thousand, nine hundred thirty-five and 051100 Dollars ($3,256,935.05) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 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 (1) 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 10th day of OCTOBER '2001. GCI Construction, Inc. (Principal) TRAVELERS CASUALTY AND SURETY COMPANY Name of Surety AMERICA 21688 GATEWAY CENTER DR. Address of Surety DIAMOND BAR, CA 91765 -8512 (909) 612 -3000 Telephone MICHAEL D. STONG, ATTORNEY -IN -PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED . CALIFORNIA ALL - PURPOSE SNOWLEDGMENT • State of California County of Orancie On October 17, 2001 before me, Janet L. Russell — Notary Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC personally appeared Floyd Bennett NAME(S) OF SIGNER(S) CO personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their- authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET L. RUSSELL Comm. @ 1166123 WITNESS my hand and official seal. N NOTARY PUBLIC - CALIFORNIA Orange County (7j -11n \/ 1 � 9j�19D /% MY Cannot, Expires Dec. 21, 2001 ,lllL �9C1 Y L. Russell,'GNATUTOFNO7ARY Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTTTYDES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Palk CA 91309.7184 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On /d �r✓/ before )ne, - - - -_ -- R. STANDLEY PERSONALLY APPEARED _---- MICHAEL D; STONG -- personally known to me (Oft. f to be the pei onCc} hose narne{+ is /aa'zsubscribed to the %vifltin instrument and acknowl- edged to me that he /`executed the same in his/ b r authorized capacity(ies), and that by his /6ar./ -their signature(-a) on the instrument the person4 , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature �F' . ,,,.. :,..,.... o • Eel 4 R. STANDLEY a COMMA. #1263272 ¢' =',, - NOTARY . lBUC- CALIFORNIA R7YER:IGE COUNTY My Comm. Explras j""Q 1, 2004 This area for Official Notarial Scrl 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 CJ INDIVIDUAL ❑ CORPORATE OFFICER TITIc;5) LJ PARTNER(S) C) LIMITED (X] ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA0.t'c OF Pea SOY.;S) On --Nil T, (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE "' -"n r"" 6'9' ALL - PURPOSE ACKNOWLE-DGENIENT ACORO CERTTFZ CATS O. LT I IT'T: 1, SURANC> ate mm yy r cer 714 289 -7676 Seltzer Insurance Service 1524 Orange, E. Mayfair Ave Orange, CA 92867 S ONLY AND CONFERS NO RIGHTS UPON THE C COVERAGERAFFORDED BYOTHE POLICIESNBISL COMPANIES AFFORDING COVERAGE Company RLI Insurance Company A Company progressive Casualty Ins. Co. B Insured GCI0003 -DEB company National Union Fire Insurance Co. C Companies GCI Construction,Inc., WME, Inc., Company D D= State Compensation Ins Fund CME Corp. 245 Fischer Ave. Suite B -3 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C LT TYPE OF INSU NCE POLICY NUMBE EFFECT DATE B XPIRAT DATE ON LIMITS A Commercial General Liability Claims Made QOccur Owner's & Contractor's Pr MGLO1 29893 tecti ve 04/01/01 04/01/02 General Aggregate Products-Completed 0 s Personal & Advertisin n r Each Occurrence Par PT[Tj Agg Fire Dama e an 1 fire Medical Expense an on erson B An Auto y 04582298 -0 07/18/01 01/18/02 Combined Single Limit All Owned Autos Scheduled Autos Bodily Injury (per person) Hired Autos Non -Owned Autos Bodily Injury (per accident) Property Damage Auto Only - Eac Accide t Any Auto Other Than Auto Onl "nt Each Accid A re C EXCESS LIABfLITY umbrella Form Other Than Umbrella Form BE8711668 04/01/01 04/01/02 Each Occurrence Aggregate D L Y RS LAB he Proprietor /. Incl rtners /�xecutwe ficers are: of I� 27031 03/17/01 03/17/p2 Statutor Limi Othe EL Each Accident EL Disease -Folic Limit EL Disease -Ea Em to ee E OTHER Equipment MX198401074 — 04/01/01 04/01/02 eased /Hired /Rented �M/ imit 100,000 I'000 CA-1-1(J14b/ VEHICLES/ SPECIAL �TR� Certificate Holder is named Additional Insured as per attached endorsement with respect to Balboa Village Improvements, Phase I, Contract 3333 Job #108 CERTI "FTCATE HOZDER CANCELIrATION:., 101 SHOULD ANY OF THE ABOVE DESCRIBED POL C EXPIRATION DATE THEREOF THE C 30 * DAYS WRITTEN NOTICE CE FT City Of Newport Beach T Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Bob Stein / COW, 25, 8 { tli /95 } By: `; >suranc 'Vzszons. 1 n 4ACORD" CORBf112ATiON .. GCI Construction, Inc. 0 • POLICY NUMBER:MGL0129893 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Newport Beach Public Works Department It's Officers, Officials, employees and volunteers And Harris & Associates PROJECT. Balboa Village Improvement, Phase 1, Contract No. 3333 Newport Beach, California If no entry appears above, information required to complete this endorsement will be shown in theDeclarations as applicable to this endorsement. WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `your work" for that insured by or for you. IT IS FURTHER AGREED that such insurance as is afforded by this policy or by these policies for the benefit of the additional insured(s) shown above shall be primary insurance, but only as respects any claims, loss or liability arising out of the operations of the named insured(s), his sub - contractors or materialmen or suppliers an any insurance maintained by the additional insured(s) shall be excess and non - contributing. Auth rized Repres tative CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 GCI Construction, Inc. 0 POLICY NUMBER: 04582298 -0 COMMERCIAL AUTO LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Newport Beach Public Works Department, Its Officers, Officials, Employees and Volunteers PROJECT: Balboa Village Improvement, Phase 1, Contract 3333 Newport Beach, California If no entry appears above, information required to complete this endorsement will be shown in theDeclarations as applicable to this endorsement. WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `your work" for that insured by or for you. IT IS FURTHER AGREED that such insurance as is afforded by this policy or by these policies for the benefit of the additional insured(s) shown above shall be primary insurance, and no other insurance of the additional insured(s) will be called upon to contribute to a loss. Au horized Repf Osentative CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 i7 ! AT6 10, BOX MUM., SAN MM M00, CA WC GOMrEMSAYION J"SU"ANO! FUND CERTIFICATE OF WORKERS' CIOMPEt4UTION INSUIFtANCH PCLICy NUMBER I627931 - 01 CPA, FICAM 3- 27..02 rCity of Newport Beach Public Works Department It's Officers, Officials, Employees and Volunteers Harris and Associates PROJECT- Balboa village Improvement, Phase I This 's to certtty that we hate Lssutd a Yaiid Wcftd CampsnsWon InegMrice policy in a form apprevW by the Caldamla Insurance Cammisaioner to the arn04yer named below forttw poilFydserfod MIoeI V This poiicy in not subject W cucefledon by -the Fund =pt upon t38',deys' adl a written nasee do rho empleyor. - -- 30 We M! abo gNe you TAN days' aAmice nWee ftWd TO poliolbe cancelled prtarw As nemud eepbetlen. This cer"cats of insurance is not an Insurance poDey and daft not amend, extend or almrt to coverage afforded by its poilcies limed hemin. Notwfewtartding any mqubernat term, of eonditlon of am contract or after docwneht oft respect to wh1ch thts certif>caae of insurance mey be blued or may peftin, lie insurance a fordad by the poWes described herein in subject *4 a the tsnna. 0=14 ions and COMMOM of such polldee, All e3 TwTTVE�_ „/ P1iESIpENT , EMPLOYER'S L16BI>_17Y LIMIT INCLUDIUM DEFENSE COSTSc 439A601000 PEP. OCCURREA:CB. HhFORSEMENT ;M68 DATITLEII rERTIVTCATE ROLBERS' NOTICE LF'F'EMUE 10/01/01 13 AITArxEr7 TO AM” F0917S A PART OF THIS POLICY. EN9OTrS::t9EM A 2370 gN ITLED HAIVER OF SUBRusimv EFFECTIuE 10/01/01 IS ATTACHED TO Alm FARMS A PAR° OF TMS POLICY. THIRD Pi.RTf WMz City of Newport Beach, Public Works Department, It's officials, Employees and Volunteers, Harris and Associates FS ENPLCY!M GCI CONSTRUCTION IfvC AM0 CARE CORD AND WME INC 245 FT13C14M AVE 8 -3 COSTA nEtA CA 92620 L ,Im- ,rA'DN SNI d407 MUIS "IG6PM i • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 31, 2001 Adams /Mallory Construction, Inc. 740 S. Van Buren, Unit A Placentia, CA 92870 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Village Improvements Phase I (Contract No. 3333) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 31, 2001 Hillcrest Contracting, Inc. P. O. Box 1898 Corona, CA 92878 -1898 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Village Improvements Phase I (Contract No. 3333) 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 • • C3� C -333 October 9, 2001 1 Y 4 _.. 1laAGENDA Nb. 6 TO: Mayor and Members of the City Council T 9 FROM: Public Works Department SUBJECT: BALBOA VILLAGE IMPROVEMENT PHASE 1 - AWARD OF CONTRACT NO. 3333 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3333 to GCI Construction, Inc., for the Total Bid Price of $3,256,935.05, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $325,700 to cover the cost of unforeseen work. DISCUSSION: This contract is for the first of three phases to construct the Balboa Village Improvements. The first phase of the project is the largest and most complicated involving: • Construction of a new storm drain and water main in Balboa Boulevard and Washington Street • Reconstruction with new landscaping of Balboa Boulevard from Adams Street to Main Street Rehabilitation of the Pier Parking Lot and Pier Plaza The Balboa Village Phase 1 Improvements will run concurrently with several other projects in the village area including: 1. Reconstruction of the Balboa Pier 2. Reconstruction of the Balboa Theater 3. Reconstruction of the Washington Street and Balboa Pier restrooms At 2:00 P.M. on September 20, 2001, the City Clerk opened and read the following bids for this project: BIDDER Low GCI Construction, Inc. 2 Hillcrest Contracting, Inc. 3 Adams /Mallory Construction TOTAL BID AMOUNT $3,256,935.05 $3,855,562.85 * $4,175,506.60 * *Corrected Bid Amounts The low total bid amount is one percent below the Engineer's Estimate of $3.3 million. The low bidder, GCI Construction, Inc., possesses a General Engineering Contractor "A" License as required by the project specifications. GCI Construction, Inc., has satisfactorily SUBJECT: BALBOA VILLAGE IMPROVEMENT PHASE 1 -AWARD OF CONTRACT NO.93 OCTOBER 9, 2001 Page: 2 completed many pipeline and pavement rehabilitation projects for the City. Additionally, GCI's subcontractors have satisfactorily completed projects for the City. The project drawings and specifications were prepared by Psomas. Concurrent planning efforts were performed by City Staff, with assistance from Nuvis Landscape Architecture and Planning. GCI Construction would like to begin construction as early as the week following Council award. A pre- construction meeting will be scheduled as soon as the City receives a project schedule. Pacific Bell is currently relocating its underground lines out of the way of the proposed storm drain system. The Gas Company has completed its relocations. Southern California Edison is scheduled to begin its relocations on October 9, 2001 and complete their work by November 1, 2001. Marilee Jackson, the City's Public Information Officer, is coordinating the public information program for the upcoming construction activities. Patrick Newett in the General Services sign shop is preparing Balboa Village construction notification signs for posting on Balboa Boulevard. Dan Trimble in Planning is coordinating with the Balboa Merchants and Owners Association and the Homeowner Associations. There are funds available in the following accounts for the work: Account Description Account Number Amount Balboa Village Water Main Replacement 7501- C5500635 $ 250,000 Pipeline Master Plan Replacement Projects 7501- C5500578 88,921 Sewer Manhole Replacement and Addition Program 7533- C5600339 7,700 Certificates of Participation /General Fund 7013- C5100543 1,980,727 CDBG - Balboa Village Plan 7161- C5100543 285,000 Off-Street/In-Lieu Parking 7022- C5100543 545,901 Neighborhood Enhancement 7024- C5100543 174,400 Gas Tax 7181- C5100543 249,987 Total $3,582,636 Respectfully subroi , PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By. _Q Robert Stein, P.E. Project Manager Attachment: Project Location Map Bid Summary BALBOA VILLAGE IMPROVEMENT PROJECT - PHASE 1 NOT TO SCALE LOCATION MAP U Q W CG O a 3 W Z LL O H v F Z W r a W Y cc O 3 U J CO n CL 0 N N a w O Q O 0 N /f+ _N r V a V N O y V U � _ o V l-$ N Z w U O m w O m m 0 0 m d W z O °w 0 u p 4 0 0 0 4 O O O c o c o a ...... c o c o a . O O O p O p O O O p O O O 4 O O p p p p O O p 4 O O F- O O m O O m O 2 O m O m P O O VOi O O N O m O Z. 0 I° N n T P n o P. P o P n o m Ip P N O P m d V1 P N m VI M O V1 P N W O N O ¢ f I O O m 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O n Z O .000.0 0 0 0 O O O cc c o c a O O O O O O O O O O O O O O o U O O O O O O O O O O O O O O O O O O G� O O O O O m O Np O O m o O O O O O fV 0 0 0 6 0 0 0 n ti Z O O ll m O m P � O M P Q• O n V N O m N N VI O N y V' N O N C O O O P P m M N m N ul Ol n M Vl N P P Ol N O N N n O IO a N '1 L a. 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C O w E E .°l. a O .d. m 0 s a x o L a = V q c \ C J J` 1E y o c 0 c Y E g F o V c m H m H m E 'a li E E 'a A u q can o vai a I'n 1O o q q A °° H a > o o p « a p S V F F p H M = c o a c o 75 c o G O O O O O N U' V� O W C O W W N l�l U JG V O' Q� d W tW+f I+Mi V P d' P P P P P R P vOi In uNl lMif IPif VNi vbi vt IWif - b b b b b b b 0 v a d Z 0 °u C 0 V A CITY OF NEWPORT BEACH AGENDA ITEM NO. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL t!ns iM Ar n 'QL'—,,,• AI LJA q FROM: Homer L. Bludau, City Manager OUF f. Q. 6 DATE: September 11, 2001 91),gloI SUBJECT: Council Approval of Weblink Regarding Balboa Village Improvement Phase I to City's Main Web Page RECOMMENDED ACTION: Approve the informational link to the City's Web Page. BACKGROUND: APPROVED Council is being asked to approve the addition of an informational weblink to the City's main web page to increase community access to Public Works construction updates during the Balboa Village Renovation and perhaps for other ongoing projects as they appear. The updates would be listed by name under the NEWS pull down menu and would be readily accessible more so than searching via Public Works. Staff has prepared public information brochures and two -sided color maps (see attached). The flyers were hand distributed to businesses and residences in the immediate area; however, additional public questions could be answered by expanding the City's main web page. In addition, Public Works, Planning, General Services and our new PIO, Marilee Jackson, are working on traffic informational signs, a community newsletter and cable TV interviews to ensure this complex project continues smoothly. Since a key component of this campaign is website updates, easy access to the City's main web page is vital to avoid user frustration. To assure easy access, staff is requesting Council approval to add a link for the Balboa Village Construction Updates as the first item under NEWS. City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 4 • • 0 a 0 w a Z = Q Y 'o z W0 Jw— �EACy ? 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U U S •U• 4E ro 4 ro ro :•� � � E~ m o H c rz O �+ M W M U � ro � 4 �+ O ro w 4 �Q C Y ro �, u o °3 0 Y •�vi b $ ro U ro C � o � o 4J � � U CJ � � U Y ro G U N � a 3 C ro U � 3 •� 3 b y V � t � U 3 d% L H o Y C U � v � ro N U • •September 25, 2001 Study Session Item No. 3 CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES DEPARTMENT Resource Management Division September 25, 2001 BY THE CITY OF NLVJP "HT BEACH SEP 2 5 **A0 ID AKCtW41=a TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dennis Danner, Administrative Services Director V to, SUBJECT: BALBOA VILLAGE IMPROVEMENT PROJECT FUNDING OPTION DISCUSSION: At the Council Meeting of August 14, 2001, the City Council approved the plans and specifications for the Balboa Village Improvement Project and authorized the advertisement for bids for Phase I construction of the Project. The total cost of the project is estimated at $7.5 million. Funding for the project will come from a variety of sources including CDBG funds, a CDBG Section 108 loan, Off Street Parking funds, Neighborhood Enhancement funds and Gas Tax funds for eligible street improvements. Even with these funding sources, there is a funding shortfall of nearly $2.1 million needed to complete the project. The purpose of this staff report is to bring the Finance Committee and City Council up to date regarding alternatives that City staff has identified to close this funding gap. Although we have not yet completed research and analysis of potential courses of action, it appears at this point that there are three realistic options for providing the necessary funds to complete the project: 1) the issuance of traditional Certificates of Participation (COPs) by the City's Public Facilities Financing Authority on the open market, 2) the issuance of a privately placed COP through the Public Facilities Financing Authority, or 3) the spending of a portion of the City's accumulated cash reserves. The issuance of traditional COPS on the open market was the financing mechanism the City used to borrow funds for the construction of the Central Library in 1991. If the City chose this method of financing we would need to fund, in addition to the construction funds, costs of issuance. These costs of issuance would include: bond attorney fees, underwriter's discount, financial advisor fees, possible bond insurance, printing costs, trustee fees, and funding for a debt service reserve. The City would need to borrow nearly $2.45 million to secure the necessary $2.1 million is construction funds. The issuance of COPS will require the City to pledge one or more of its assets (such as City Hall or the Corporation Yard) as collateral for the debt. The high costs of issuance make this method of financing the least desirable. September 25. 2001 . • Page 2 If the City chose to issue COPS through a private placement (essentially a bank loan), many of the costs of issuance could be avoided. The City would still need to obtain a legal opinion that the debt issue was tax exempt and a financial advisor would be hired to help with the placement, but the total costs of this type of issuance would probably be less than $50,000. We would rely on the City Attorney to assert that the project was a public use. Printing costs, a debt service reserve, trustee, bond insurance and underwriter's fees would all be avoided. This method would still require the pledge of a City asset (such as the Corporation Yard) and the City would have to assert that total debt issuance for the Calendar Year 2002 would be less than $10.0 million - which is the upper limit for this type of borrowing. If either of the above two methods is selected to fund the shortfall the repayment will be an obligation of the City's General Fund. We looked at two repayment alternatives - a five (5) year repayment schedule and a ten (10) year repayment schedule. If it is determined that the funds should be borrowed through the issuance of COPs, it is Staff's recommendation that the five (5) year repayment schedule be chosen. To fund this obligation, the City Council will need to pledge this amount as part of the City's Capital Improvement Program for the ensuing five years. Attached for the Council's information are copies of both the five year (recommended) and ten year amortization schedules for both the open market and private placement of the COPs. Finally, the City could simply pay cash for the project from accumulated reserves and make the pledge to replenish these reserves over a set period of time, i.e., five (5) years through the budget process. With interest rates and investment opportunities dropping this may be the best alternative. DIRECTION: We recommend that the Committee direct Staff to continue investigating the best way to fund any funding shortfall in the Balboa Village Improvement Project and have the necessary funding in place by January/February, 2002. Amort 5 Yr Semi Annual Pmt 2:53 PM 012001 • Loan Principal: Interest Rate: Term (Years): Number AMORTIZATION SCHEDULE $2,150,000.00 Required Pmt: $245,656.34 5.000% Est. Total Pmts: $2,456,563.41 5.00 Est. Totallnt. $306,563.41 Payment Amount Remaining Cumulative Principal Interest 1 $245,656.34 $191,906.34 $53,750.00 $1,958,093.66 $53,750.00 2 $245,656.34 $196,704.00 $48,952.34 $1,761,389.66 $102,702.34 3 $245,656.34 $201,621.60 $44,034.74 $1,559,768.06 $146,737.08 4 $245,656.34 $206,662.14 $38,994.20 $1,353,105.92 $185,731.28 5 $245,656.34 $211,828.69 $33,827.65 $1,141,277.23 $219,558.93 6 $245,656.34 $217,124.41 $28,531.93 $924,152.82 $248,090.86 7 $245,656.34 $222,552.52 $23,103.82 $701,600.30 $271,194.68 8 $245,656.34 $228,116.33 $17,540.01 $473,483.96 $288,734.69 9 $245,656.34 $233,819.24 $11,837.10 $239,664.72 $300,571.79 10 $245,656.34 $239,664.72 $5,991.62 ($0.00) $306,563.41 Total Principal and Interest $2,150,000.00 $306,563.41 Page 1 Amort 5 Yr Semi Annual Pmt 2:53 4118/2001 • AMORTIZATION SCHEDULE Loan Principal: $2,450,000.00 Required Pmt: $279,933.97 Interest Rate: 5.000% Est. Total Pmts: $2,799,339.70 Term (Years): 5.00 Est. Totallnt: $349,339.70 Payment Remaining Cumulative Payment Number Amount Principal Interest Principal Interest 1 $279,933.97 $218,683.97 $61,250.00 $2,231,316.03 $61,250.00 2 $279,933.97 $224,151.07 $55,782.90 $2,007,164.96 $117,032.90 3 $279,933.97 $229,754.85 $50,179.12 $1,777,410.12 $167,212.02 4 $279,933.97 $235,498.72 $44,435.25 $1,541,911.40 $211,647.28 5 $279,933.97 $241,386.18 $38,547.78 $1,300,525.21 $250,195.06 6 $279,933.97 $247,420.84 $32,513.13 $1,053,104.37 $282,708.19 7 $279,933.97 $253,606.36 $26,327.61 $799,498.01 $309,035.80 8 $279,933.97 $259,946.52 $19,987.45 $539,551.49 $329,023.25 9 $279,933.97 $266,445.18 $13,488,79 $273,106.31 $342,512.04 10 $279,933.97 $273,106.31 $6,827.66 ($0.00) $349,339.70 Total Principal and Interest $2,450,000.00 $349,339.70 Page 1 Amort 10 Yr Semi Annual Pmt 2:53 PM *812001 • AMORTIZATION SCHEDULE Loan Principal: $2,150,000.00 Required Pmt: $137,916.33 Interest Rate: 5.000% Est. Total Pmts: $2,758,326.54 Term (Years): 10.00 Est. Totallnt $608,326.54 Payment Remaining Cumulative Payment Number Amount Principal Interest Principal Interest 1 $137,916.33 $84,166.33 $53,750.00 $2,065,833.67 $53,750.00 2 $137,916.33 $86,270.48 $51,645.84 $1,979,563.19 $105,395.84 3 $137,916.33 $88,427.25 $49,489.08 $1,891,135.94 $154,884.92 4 $137,916.33 $90,637.93 $47,278.40 $1,800,498.01 $202,163.32 5 $137,916.33 $92,903.88 $45,012.45 $1,707,594.14 $247,175.77 6 $137,916.33 $95,226.47 $42,689.85 $1,612,367.66 $289,865.62 7 $137,916.33 $97,607.14 $40,309.19 $1,514,760.53 $330,174.82 8 $137,916.33 $100,047.31 $37,869.01 $1,414,713.21 $368,043.83 9 $137,916.33 $102,548.50 $35,367.83 $1,312,164.72 $403,411.66 10 $137,916.33 $105,112.21 $32,804.12 $1,207,052.51 $436,215.78 11 $137,916.33 $107,740.01 $30,176.31 $1,099,312.50 $466,392.09 12 $137,916.33 $110,433.51 $27,482.81 $988,878.98 $493,874.90 13 $137,916.33 $113,194.35 $24,721.97 $875,684.63 $518,596.88 14 $137,916.33 $116,024.21 $21,892.12 $759,660.42 $540,488.99 15 $137,916.33 $118,924.82 $18,991.51 $640,735.60 $559,480.50 16 $137,916.33 $121,897.94 $16,018.39 $518,837.66 $575,498.89 17 $137,916.33 $124,945.39 $12,970.94 $393,892.28 $588,469.83 18 $137,916.33 $128,069.02 $9,847.31 $265,823.26 $598,317.14 19 $137,916.33 $131,270.75 $6,645.58 $134,552.51 $604,962.72 20 $137,916.33 $134,552.51 $3,363.81 ($0.00) $608,326.54 Total Principal and Interest $2,150,000.00 $608,326.54 Page 1 A a Amorl 10 Yr Semi Annual Pmt 2:53911912001 AMORTIZATION SCHEDULE Loan Principal: $2,450,000.00 Required Pmt: $157,160.47 Interest Rate: 5.000% Est. Total Pmts: $3,143,209.31 Term (Years): 10.00 Est. Total Int. $693,209.31 Payment ' Remaining Cumulative Payment Number Amount Principal Interest Principal Interest 1 $157,160.47 $95,910.47 $61,250.00 $2,354,089.53 $61,250.00 2 $157,160.47 $98,308.23 $58,852.24 $2,255,781.31 $120,102.24 3 $157,160.47 $100,765.93 $56,394.53 $2,155,015.37 $176,496.77 4 $157,160.47 $103,285.08 $53,875.38 $2,051,730.29 $230,372.16 5 $157,160.47 $105,867.21 $51,293.26 $1,945,863.09 $281,665.41 6 $157,160.47 $108,513.89 $48,646.58 $1,837,349.20 $330,311.99 7 $157,160.47 $111,226.74 $45,933.73 $1,726,122.46 $376,245.72 8 $157,160.47 $114,007.40 $43,153.06 $1,612,115.06 $419,398.78 9 $157,160.47 $116,857.59 $40,302.88 $1,495,257.47 $459,701.66 10 $157,160.47 $119,779.03 $37,381.44 $1,375,478.44 $497,083.09 11 $157,160.47 $122,773.50 $34,386.96 $1,252,704.94 $531,470.06 12 $157,160.47 $125,842.84 $31,317.62 $1,126,862.09 $562,787.68 13 $157,160.47 $128,988.91 $28,171.55 $997,873.18 $590,959.23 14 $157,160.47 $132,213.64 $24,946.83 $865,659.55 $615,906.06 15 $157,160.47 $135,518.98 $21,641.49 $730,140.57 $637,547.55 16 $157,160.47 $138,906.95 $18,253.51 $591,233.62 $655,801.06 17 $157,160.47 $142,379.62 $14,780.84 $448,853.99 $670,581.90 18 $157,160.47 $145,939.12 $11,221.35 $302,914.88 $681,803.25 19 $157,160.47 $149,587.59 $7,572.87 $153,327.28 $689,376.13 20 $157,160.47 $153,327.28 $3,833.18 ($0.00) $693,209.31 Total Principal and Interest $2,450,000.00 $693,209.31 Page 1 PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS PHASE 1 WITH HARRIS & ASSOCIATES THIS AGREEMENT, entered into this ZOS day of .__, 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City'), and Harris & Associates, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (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 construction management services for the "Balboa Village Improvement Project. Phase 1," hereinafter referred to as "Project." C. City desires to engage Consultant to provide full construction management activities for three phases of the Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Byron G. Tobey, P.E., Project Director. -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 and 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 12th day of September, 2001, and shall terminate on the 12th day of September, 2002, 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 three hundred sixty -one thousand, one hundred and 00 /100 Dollars ($361,100.00). 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 -2- 0 billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 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 reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical -3- 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control, 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or 0 0 0 employees, or of any other persons performing portions of the work. 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 and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of 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 Omar M. Dandashi, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those -5- 0 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 to complete by May 31, 2002. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but not later than the date upon which 0 0 0 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 telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 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 or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, -7- 0 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of 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, it's elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of E:11 0 0 California and assigned Best's A- VII or better rating: 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. M • 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 Neither party shall 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 both parties. Any attempt to do so without consent of both parties shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. The rights and benefits under this agreement are for the sole and exclusive benefit o Client and Consultant and it shall not be construed that any third party has interest in this agreement. -10- 0 0 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: -11- 0 A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. 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, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 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 -12- 0 Agreement. 20. WITHHOLDINGS 0 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 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 -13- 0 0 persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 -14- 0 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Mr. Omar Dandashi Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 949 - 655 -3900 949 - 655 -3995 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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. -15- 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. 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 submittals provided under this Agreement. -16- 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney LaVonne Harkless City Clerk -17- CITY OF NEWPORT BEACH A Municipal Corporation By. -- Mayor Garold B. Adams City of Newport Beach HARRIS & ASSOCIATES ,Hudamp �7 M X W W o J m N v N LLI W '°cum � ❑m 'O N N '.. 16 17 w w0 vi wp v ,� L L IE Z W O O p EO p Q y �. O .9 � U . C 'O p O E p. �-, O � � VJ v ❑OU❑ « a U O O o b 7 O gyp^ O A � itl N O o ti 0 p .m !' >= Ep >� �� ❑� H' %off E -� °u nw° o. mow° v) rig Nu..0 ;w a d � N Q w a c O 3 b CL v m LU a m o U W' H ¢ V ca o _ ¢ O U U N C o IL W U Q Gz U Q w M X W • 0 N O U w v M G awvcnU0wa?3Nnaua¢n� ° ..1.'LL UJ LLI w .v. �� `v c P V "W. o op U3 �C N U o V 0 a y • �.0 O X U 'MO C w '-' O m to O vi o v o 0,0 v �:.y � F � °U U p N v' ° U � 00 :i, ;t:::Z U m � '❑ 7 V ❑ rCn w t � o m o �❑ .A o y C E❑ LL CM .o 3 0 P r2 M U a p ° o Fo ° y M 04 .0 O W T ° O U O Q U O rd y X Wit. N 0 • M. J M WQ � C is v C C q v G � °' 4 ❑ N O � a m a ro c W ° U� op o^ oorot bE rop a �+ o p g � u F 79 � ro W .9 N L O b y N W N v>. v a�i aJ ro T q �m °' Q Z c O o v D U I7 w Y O N o0 C aOJ . C ro C « 7 K 7 O, 0 0 [ 0 E. p a.. �.� v�o � u ro o ro ° w :b a' Z b u v A b E .U°o v > w t Z p ° C C y C a� O v v wT p «NV. a0 C ti a b v ro. CLa 7 ° b U v o 7d c. ro o o b 0 _oZ v v ro y a ° `° °° b o z '°°� ° p ❑ v o a u ° E o° m J N .. p ,3 c4 E o v c4 °u Z W � o F U N LLI c C C LL p N G C � � N m = � y M. J _o .o cn. Q G d a a a a o o a .0 o o c o c on D q U q a w z w V w Z w V Z. w o W w r W U G G � z C Q a E E a7 ° M ° a°i g ❑ w 0 O w 0 O � pq N N �o v ro v c v a y p a c 5 o oo o b ro v on Eu7 �`.'.. ._ L 16''.". m 4 0 C m C N C U U T Z G o o 0 N' d w u V W a Q d o U a ; _ y [G W LL. c y q c O = C = E u o G �- Y o E ai _0 y ro U m C August 22, 2001 Mr. Bill Patapoff, P.E. City of Newport Beach Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, California 92658 Re: City of Newport Beach Balboa Village Improvements Dear Bill: EXHIBIT B s' At16 2 4 200i Harris & Associates Program Managers Construction Managers Civil Engineers Enclosed please find Harris & Associates final cost proposal for construction management services for the Balboa Village Improvement Project in the amount of $361,100.00 based on the attached fee breakdown dated August 22, 2001. We value our relationship with the City and look forward to the opportunity to continue working with you and your staff. Respectfully, Harris & Associates, Inc. 4% Byron G. Tob r,r. . E. Project Director cc: D. Seevers O. Dandashi 34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine @harris- assoc.com 0 0 Project Fee - Final Phase I August 22, 2001 Percent Construction Cost 10.32% Assumptions: Construction cost is based on $3.5 million. Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the construction management services based upon an assumed schedule of construction that may differ from the actual schedule. Should the actual schedule require more or less Construction Management services that currently proposed adjustments to this estimate may be required. Harris & Associates Program Managers Construction Managers Civil Engineers 2001 2002 Se Oct I Nov Dec Jan I Feb I Mar I Apr I May Jun Task 1 - Pre - Construction Task 2 - Construction Task 3 - Project Close Out i'' Staffing Plan 2001 2002 Project Totals Utilization Hourly Rate Jan Feb Mar Apr May Jun Total Project Director 5% 150.00 8 8 8 8 8 8 72 10,800.00 Construction Manager 100% 135.00 160 160 160 160 160 80 1280 172,800.00 Inspector 100% 95.00 160 160 160 160 80 1240 117,800.00 Z24 Contract Administration I Labor Compliance 16% 50.00 24 24 24 24 40 228 11 400.00 Materials Testin : NINYO & MOORE 32.300.00 32,300.00 Surve : COAST SURVEYING Check Onl 6,000.00 ]32 6,000.00 Field Office 10,000.00 10,000.00 Total 2 352 352 352 352 208 2820 $361,100.00 Percent Construction Cost 10.32% Assumptions: Construction cost is based on $3.5 million. Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the construction management services based upon an assumed schedule of construction that may differ from the actual schedule. Should the actual schedule require more or less Construction Management services that currently proposed adjustments to this estimate may be required. Harris & Associates Program Managers Construction Managers Civil Engineers CIT r _ September 11, 2001 CITY COUNCIL AGENDA Ai����{�� ITEM NO. 6 TO: Mayor and Members of the City Council COUNCIL AGENDA FROM: Public Works Department NO. —�- q1a16/0) SUBJECT: CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS, PHASE 1 - CONTRACT NO. 3333 RECOMMENDATION: Approve a $361,100.00 Professional Services Agreement with Harris & Associates to provide construction management, inspection, and materials testing during Phase 1 construction, and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: The total cost for the Balboa Village improvements is estimated to be $8.8 million and will be constructed in three phases. Phase 1 is scheduled to begin in November 2001. Each phase must be completed prior to the summer visitor season. Harris & Associates will provide construction management oversight for the first phase of the Balboa Village Rehabilitation Project, which is estimated to cost $3.3 million. A list of Harris & Associates duties is attached and include: • Ensuring the contractor maintains a safe worksite. • Monitoring contractor progress in the meeting the project schedule. • Observing, monitoring and inspecting construction activities including performing material testing. • Monitoring design changes and change orders to control cost overruns. • Ensuring traffic control measures are safe and effective. • Keeping the public informed on lane closures and sidewalk and driveway construction. The first phase of the project is the largest and most complicated involving reconstruction of Balboa Boulevard and rehabilitation of the Pier Parking Lot and Pier Plaza. Construction of a new storm drain and water main in Balboa Boulevard, replacing the roadway, and constructing new sidewalks will require detailed traffic and safety controls. These controls must be implemented on a daily basis to protect pedestrians, allow adequate traffic flow, and maintain business access. Harris & Associates will also provide construction management services for the reconstruction of the Washington Street and Balboa Pier restrooms. SUBJECT: CONSTRUCTIOIRANAGEMENT SERVICES FOR BALBOA VILA IMPROVEMENTS, PHASE 1 - CONTRACT NO. 3333 September 11, 2001 Page 2 The project's extensive decorative elements require a higher than usual level of quality control, especially for the Lithocrete work, which has a number of finishing steps beyond the cure time. _Some of the original improvements in this area were constructed over 80 years ago and unforeseen field conditions should be expected. Close monitoring of the construction is required to identify conflicts between design assumptions and actual field conditions to allow alternative designs to be developed in a timely manner to control cost overruns. The Balboa Village construction is impacted by the following concurrent construction projects: 1. Reconstruction of the Balboa Pier. 2. Reconstruction of the Balboa Theater. 3. Construction of a replacement sewer pump station at Balboa Boulevard and A Street. During Phase 1, parking will be at a premium making it imperative that work on the Pier Parking Lot be constructed as scheduled. Monitoring the control of dust, noise, and odor nuisances will be an important task for this project. In addition to managing the construction, Harris & Associates will be the first point of contact for responses to community comments and complaints and will maintain a 24 -hour live- assistance hotline. Respectfully submitted, BLIC WORKS DEPARTMENT Stephen G. Badum, Director Robert S eI ', E. Senior Civil Engineer Attachments: Professional Services Agreement Project Location Map 0 9 PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS PHASE 1 WITH HARRIS & ASSOCIATES THIS AGREEMENT, entered into this day of , 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (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 construction management services for the "Balboa Village Improvement Project. Phase 1," hereinafter referred to as "Project." C. City desires to engage Consultant to provide full construction management activities for three phases of the Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Byron G. Tobey, P.E., Project Director. se 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 and 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 12th day of September, 2001, and shall terminate on the 12th day of September, 2002, 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 three hundred sixty -one thousand, one hundred and 00/100 Dollars ($361,100.00). 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 -2- 0 0 billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 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 reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical -3- 0 0 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or me employees, or of any other persons performing portions of the work. 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 and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of 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 Omar M. Dandashi, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those -5- 0 r 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. B. 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 to complete by May 31, 2002. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but not later than the date upon which In 0 0 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 telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 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 or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, -7- • • 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of 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, it's elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of 0 0 0 California and assigned Best's A- VII or better rating: 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. In 0 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 Neither party shall 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 both parties. Any attempt to do so without consent of both parties shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. The rights and benefits under this agreement are for the sole and exclusive benefit o Client and Consultant and it shall not be construed that any third party has interest in this agreement. -10- 0 0 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: -11- 0 A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. 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, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 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 -12- 0 0 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 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 -13- 0 0 persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 -14- P 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Mr. Omar Dandashi Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 949 - 655 -3900 949 - 655 -3995 pll- X94:4 �j11►1t,%9If] In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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. -15- 0 0 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. 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 submittals provided under this Agreement. -16- 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 -17- CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor Garold B. Adams City of Newport Beach HARRIS & ASSOCIATES • • EXHIBIT A o W N u Waa�a tea° w ° ❑° .. W •o c $ a�i �o a 'd v .E 5 0' aGi v v W " 0 N 2 N N N •I. O w o � 'A y W •o w g o o a, E c 'O v pp'J U E o .c v G p O p P p O N^ w u u a u O a a a.w w N m G n G O N 7 p w p Y Y O N C O N N N R U d N y U A Q _ m Y •GC ? v w N C E 1: 0 O x w p LL U W O N N d O v d V Y O •p U m N U 00 m Y O a G❑ � '.' 7 N ,� � � y b U U O = v v 0 y� U ti w O i Y iv up U C 0. I7 P:.0 fx4 16 W W Q w N Q 3 L= m c C Q O C H 0 Q A d a Q r 2 U. L• v y 0.0 48 G. vUp u O U U Q U W G 21 V d 0 W N ° C G N v LLI °4 N w N T T j , t d >.0 'o, W` a^ C y 0 p a U o° U O f! Z Q V V V E W P h 3 N v w= N N C ci O 0 O F d q W b U U n cn o M F G 4 N p U p a ro C _ 0 .0 CID _ w W o o c aU d N N N N N 0 4 c CFO ° 3 °� a o m v m U .O. w O 00 u C GO p } 4 .� !- .-i R O E' y N V U U wT ° 0 Q'Z v c N 0.0 'ap Z y O N U 4 EC V j 'G p'O U u N V a O a a O 4 0 n ^>, ° a EL•c_ h s °" `3" °~' o C 4 z u 1 A c H oo° a 3 •°V 0 A°' of G ° C U C y U� 0 N a' p `L-' C vai >,.TA.o� 00 s C` U T'w E C CIO > W ° V CO v 0..A E m ° o "^ 'Z v O 'C b d .G U C E R o 0.'p d O O E 4.F O w U vq v y E+ 'O m� u .� G T •p ro � p E u _T � ° a o' a. m ': a o 3 N u o c4 ° OZ o u E 'ou e H 04 En o LLI N •� U) L C O a u Q O E C N y C G O O a oD n s -W N 0 0 W N .;, WW 0.d W nip v n G k G •^ O 9 W G C N v o O .O o v o^ o G n T. v. n v n° v 0 v' o O N F U F v o > o o n a U o O n v O u v _ W n. p y 7y0 n Z o c 1N E c d E d o g y LLI G Ei O m �iQ N O d d itl v V) O O G C O n d 3 N S U .`• G . .. C 'm 0.O O Z 'O O y V u , n U C n O °U �v C p Q y �"' n V G N v v,v •p � N . 'w = d C GdGy o,r3ovov °a �5•-°� co° $ Z v v n U V .O d O c �` o G v n v avi Q i A C •C v 0 0 o y v U v v ,.3. X v p O F is Q o. w 3 v v a w E o v G uZ n E W Q W C E C g C y o N N y G T d v F U O N v7 M W' u w 0 O w 0 O A aCi c a~Oi c O �➢ u u y � A O 0 v z U a .' a c w >� 0 w o u 0 ao 0 0 °Hai ^ o b 0 i G td a U lNi � ri � t'i H A C.A. O •p V q V p p O W o 0 3 b v A LL C O C U V C A C A C U> .. {` W Z •o w� A ' 7 U OH w OH � W E u o = v k E N E u u U y 7 w ❑ U u p w ..y. .� 'O C oV0 •p ^d C N .w U a.� U� U V� y 0 A o c o a E n E a c rim u C u w 0 O w 0 O A N v N N O �➢ u u y � A O 0 N 'c A•o >� oa oa ao i G td a U lNi � ri � t'i H A C.A. O •p V q V p p O W LL C O C U V C A C A C U> •o w� A ' 7 U OH w OH � p• .0 oV0 •p ^d C N .w U a.� U� U V� y 0 U u �' °H�'a aUa aUU a c rim d w > d A v a � wa1 W th C n LL p A Q 4F: 0 r�o V C O y .x. m W N C August 22, 2001 Mr. Bill Patapoff, P.E. City of Newport Beach Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, California 92658 Re: City of Newport Beach Balboa Village Improvements Dear Bill: EXHIBIT B Harris & Associates Program Managers Construction Managers Civil Engineers Enclosed please find Harris & Associates final cost proposal for construction management services for the Balboa Village Improvement Project in the amount of $361,100.00 based on the attached fee breakdown dated August 22, 2001. We value our relationship with the City and look forward to the opportunity to continue working with you and your staff. Respectfully, Harris & Associates, Inc. fG. Tob br P. E. Project Director cc: D. Seevers O. Dandashi 34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine @harris - assoc.com August 14, 2001 COUNCIL AGENDA M NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department L -APPROVED SUBJECT: BALBOA VILLAGE IMPROVEMENTS PHASE 1 " "APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE, CONTRACT NO. 3333 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize advertisement for bids for Phase 1 of the Balboa Village Improvements. DISCUSSION After review by the Public Works, General Services, and other City Departments, as well as consultation with the Balboa Merchants and Owners Association (BMOA), the Peninsula Point Association (PPA), and the Promote Revitalization of Our Peninsula (PROP) Committees, the plans and specifications for the Balboa Village Improvement project are ready to be advertised for bids. While the drawings show design for all three phases of the project, only Phase 1 improvements will be bid at this time. The drawings clearly show the improvements to be constructed in Phase 1. Phases 2 and 3 will be advertised at a later date. SCHEDULE The advertisement for the Phase 1 portion of this project will start in mid - August, 2001, with the bid opening in mid - September, 2001. Project award is scheduled for October 2001, and construction slated to begin the first part of November 2001, and be completed by May 31, 2002. Phase 1 construction includes the Balboa Pier parking lot, pier plaza, Main Street connection from the A Street parking lot, Balboa Boulevard (Adams Street to Main Street), and storm drain facilities, and water main in Balboa Boulevard. FUTURE PHASES Phase 2 construction would begin in October 2002, and includes construction of the Oceanfront boardwalk and median area, Balboa Boulevard (from Main Street to A Street), and streetscape for Palm Street, Washington Street, and Main Street from Oceanfront to Balboa Boulevard. SUBJECT: BALBOA VILLA(MPROVEMENTS PHASE I — APPROVAL OF DF *GS AND SPECIFICATIONS AND AUTHORIZATIO1W ADVERTISE, CONTRACT NO. 3333 August 14, 2001 Page 2 Phase 3 construction would begin in October 2003, and includes construction of the streetscape for Palm Street, Washington Street, and Main Street from Balboa Boulevard to Edgewater Place, Bay Avenue streetscape (including an odor control system), and improvements for Peninsula Park. COASTAL DEVELOPMENT PERMIT On August 7, 2001, the California Coastal Commission conditionally approved the project. Prior to the issuance of the Coastal Development Permit, the City is conditioned to submit the following information: 1. List of stormwater best management practices to be implemented on the project. 2. Final traffic control plan. 3. Agreement to indemnify the Commission. 4. Sidewalk and construction easements needed for the project. Permits from the Army Corps of Engineers and the California Regional Water Quality Control Board have been obtained. CONCURRENT PROJECTS Several other projects in the Village will be concurrent with Phase 1 construction including: 1. Washington Street and Balboa Pier restrooms 2. Balboa Pier rehabilitation 3. Pac Bell conduit relocations on Balboa Boulevard 4. Balboa Theatre rehabilitation Each of these projects needs to be coordinated with the Phase 1 improvements. SUBJECT: BALBOA VILLAGE IMPROVEMENTS PHASE I — APPROVAL OF DRAWINGS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE, CONTRACT NO. 3333 August 14, 2001 Page 3 PROJECT BUDGET The total approved budget for planning, design, and construction is $7,500,000. Table 1 shows an annual projection of project expenses. Table 1: Project Budget Planning, Engineering & Environmental Documents Phase 1 Construction Phase 2 Construction Phase 3 Construction (funded) Subtotal (Village Improvements) Additional Utility Work Phase 3 Construction (unfunded) Subtotal Total 1999 -01 2001 -02 2002 -03 2003 -04 TOTAL $850,000 $3,680,000 $1,710,000 $1,260,000 $850,000 $3,680,000 $1,710,000 $1,260,000 $7,500,000 $250,000 $30,000 $210,000 $870,000 $850,000 $250,000 $30,000 $1,080,000 $1,360,000 $850,000 $3,930,000 $1,740,000 $2,340,000 $8,860,000 Construction costs include 19 percent for construction management and unforeseen work. The construction of the Lithocrete work will be performed by Shaw and Sons. Shaw and Sons was the only licensed contractor that responded to the City's Request for Qualifications. Shaw and Sons has agreed to construct the Lithocrete per stipulated unit costs. The Lithocrete construction cost in Phase 1 is approximately $400,000. It is estimated that the Phase 3 construction will cost $2,130,000 of which only $1,260,000 is funded. An estimated $870,000 will be needed to fully fund Phase 3. A new 16 -inch water main in Balboa Boulevard, new water mains in two alleys, and new street lights outside the limits of the project will be constructed with the Village improvements. These costs will be covered under a different budget ($250,000 in FY 2001 -02, $30,000 in FY 2002 -03 and $210,000 in FY 2003 -04). The cost of the proposed underground utility assessment district is not considered in the above costs. SUBJECT: BALBOA VILLA PROVEMENTS PHASE I — APPROVAL OF DR GS AND SPECIFICATIONS AND AUTHORIZATIO,. ADVERTISE, CONTRACT NO. 3333 August 14, 2001 Page 4 PROJECT FUNDING Table 2 shows the sources of funding for the project. Table 2: Project Funding Sources CDBG (7161) CDBG 108 Loan Off - Street Parking (GF 7022) Neighborhood Enhancement (GF 7023) Gas Tax (7181) Certificates of Participation Subtotal (Village Improvements) Water Enterprise (7501) Streetlight Conversion (GF 7014) Unfunded portion of Phase 3 Subtotal Total 1999 -2001 2001 -02 Phase 1 $40,000 $285,000 $480,000 $563,942 $330,000 $175,000 $570,000 $2,086,058 2002 -03 2003 -04 Total Phase 2 Phase 3 $325,000 $1,710,000 $690,000 $2,400,000 $1,043,942 $440,000 $945,000 $130,000 $700,000 $2,086,058 $850,000 $3,680,000 $1,710,000 $1,260,000 $7,500,000 $250,000 $175,000 $425,000 $30,000 $35,000 $65,000 $870,000 $870,000 $0 $250,000 $30,000 $1,080,000 $1,360,000 $850,000 $3,930,000 $1,740,000 $2,340,000 $8,860,000 The Planning Department is processing the CDBG 108 Loan application. The 108 Loan was discussed with Housing and Urban Development officials on August 8, 2001. The Administrative Services Department will administer the issuance of the Certificates of Participation (COP's) in January 2002. Respectfully su� i itted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: \ Robert S eln, P.E. Project Manager Attachment: February 22, 2000, Council Memo Location Map 9 TO: Mayor and Members of the City Council FROM: Public Works Department 9 February 22, 2000 CITY COUNCIL AGENDA ITEM NO. SUBJECT: PHASING AND ESTIMATES FOR THE BALBOA VILLAGE PEDESTRIAN AND STREETSCAPE IMPROVEMENT PLAN (VILLAGE PLAN) AND THE BALBOA PIER PARKING LOT IMPROVEMENTS RECOMMENDATIONS: A. Direct staff to solicit proposals for professional services to: 1. Proceed with the design of the Balboa Pier Parking Lot per the Village Plan and the Austin -Foust Associates concept plan. 2. Proceed with the design of Balboa Boulevard from A Street to Adams Street per the Village Plan and Public Works Design Criteria for streets and drainage. 3. Proceed with the design for the Village Plan pedestrian and streetscape improvements. B. Direct staff to proceed with environmental clearances and permits. C. Direct staff to pursue forming a property owner- funded Underground Utility Assessment District. D. Direct staff as to the preferred option for the upgrade of Peninsula Park. DISCUSSION: Balboa Village Pedestrian and Streetscape Improvement Plan (Village Plan) The Village Plan was prepared by Planning and Urban Design Resources and presented to the City Council during the December 13, 1999, Study Session. Staff was directed to review the improvement plan, prepare a cost estimate, propose a funding plan, and prepare a project schedule. The Village Plan shows enhanced streetscape improvements for an area roughly bounded by Edgewater, Adams Street, Ocean Front and A Street. It includes improvements on Balboa Boulevard from Adams Street to A Street, as well as within a portion of Peninsula Park adjacent to Main Street. SUBJECT: Phasing and Estimate a Balboa Village Pedestrian and Streetscape Irn ant Plan and Pier Parking Lot Redesign February 22, 2000 Page 2 Coupled with the Village Plan is the proposed upgrade of the Balboa Pier Parking Lot per the concept plan prepared by Austin -Foust Associates. The parking lot concept plan was approved by the City Council in Study Session on October 25, 1999. This parking lot plan, in addition to the planned street and drainage improvements along Balboa Boulevard, will be combined with the Village Plan so they can be designed and environmentally cleared as one project. The combined design project will be submitted to the Coastal Commission in one application for overall approval. The construction can be phased as funding becomes available. The project is divided into 3 phases. Phase 1 would construct the Balboa Pier Parking Lot improvements, the Pier Plaza improvements, the Main Street connection to the A Street Parking Lot, and the Balboa Boulevard improvements. Phase 2 (which could be split into sub - phases depending on funding) would construct the Balboa Village streetscape improvements from Ocean Front to Edgewater. Phase 3 is a future project to construct improvements along Edgewater. The Village Plan also will require the acquisition of the 3000 square foot parcel on the southwest corner of Bay Avenue and Washington Street for parking. The Public Works Department reviewed the Village Plan traffic circulation concept and believes the following changes will be necessary: 1. The Village Plan calls for widening the sidewalk on both sides of Balboa Boulevard from 6 (or 8) feet to 14 feet. The resulting 40 -foot street width (curb to curb) would yield 4 lanes, each 10 -feet wide requiring vehicles in the outside lanes to drive in the 2 -foot gutter. Both outside lanes will be widened 2 feet to provide for a 10 -foot driving lane width. This modification would still allow for 12 -foot wide sidewalks along Balboa Boulevard. 2. Proposed angle parking on Balboa Boulevard will have a severe impact on traffic flow and will need to be eliminated. The angle parking would reduce Balboa Boulevard to one lane westbound and vehicles waiting for someone to leave or motorists backing out of a stall would block all traffic exiting the peninsula. 3. Several parking spaces near A Street need to be deleted in order to ensure access to County Sanitation District facilities. 4. The plan proposes to eliminate two, well -used commercial loading zones on Bay Avenue. At least one loading area must be maintained or commercial vehicles will be forced to park in a traffic lane. 5. During the design phase when precise dimensions of parcels and streets have been determined, adjustments in the plan will be made to conform to the City's design standards. SUBJECT: Phasing and Estimates e Balboa Village Pedestrian and Streetscape Imp ent Plan and Pier Parking Lot Redesign February 22, 2000 Page 3 With regard to an on -going odor problem at Bay Avenue at Washington Street, staff recommends that methane abatement measures be incorporated into the design of the streets. As an additional consideration, staff recommends that property owners be asked to participate in forming an Underground Utilities Assessment District to complete the upgrades in this neighborhood. The estimated cost of the assessment district is $1 million. The cost of the assessment district is not considered in the cost for the Village Plan. Total Project Cost A cost estimate was prepared for Phase 1 (Balboa Pier Parking Lot, Pier Plaza, connecting driveway to 'A' Street Parking Lot, and Balboa Boulevard) and Phase 2 (Balboa Village streetscape, excluding Edgewater). Costs for Phase 3 improvements along Edgewater are not included in the estimate. Quantities were estimated using the Balboa Village Improvement Plan prepared by Planning and Urban Design Resources and the Balboa Pier Parking Lot concept plan prepared by Austin -Foust Associates. The approximate cost for construction and property acquisition is $5 million. This estimate contains construction items that may not have been included in previous cost estimates such as demolition and removal costs, paving on Balboa Boulevard, irrigation, lighting conduit and conductors, methane abatement, and traffic signal modifications. This estimate also includes costs for property acquisition. The construction and property acquisition costs for Phases 1 and 2 are modified as shown in Table 1 to arrive at the Total Project Cost. Table 1: Total Project Costs Construction and Property Acquisition Costs Design engineering, permitting, environmental studies, and construction services (25% of construction costs) Total Project Cost without Contingency Contingency for unknown construction items that will be revealed during final design and construction (25% of construction costs). Total Project Cost with $5,000,000 $1,250,000 $6,250,000 $1,250,000 $7 SUBJECT: Phasing and Estimates 0a Balboa Village Pedestrian and Streetscape Imp ent Plan and Pier Parking Lot Redesign February 22, 2000 Page 4 The total project cost for Phases 1 and 2, including engineering design, construction services, property acquisition, and a 25% construction contingency, is estimated to be $7.5 million. Budget Requirements Table 2 shows the distribution of the costs for constructing the two phases of the Village Plan over the 4 -year time period estimated to complete the project. Table 2: Budget Requirements Task Description Engineering Design, Environmental Documents, Permits Phase 1 Pier Parking Lot Pier Plaza Lot A connecting driveway Balboa Boulevard Construction Services Total Phase 1 Cost Phase 2 Property Acquisition Oceanfront to S/o Balboa Blvd. N/o Balboa Blvd. to Edgewater Peninsula Park improvements Construction Services Total Phase 2 Cost Task Cost* Recommended Budget per Fiscal Year 1999 -00 2000 -01 2001 -02 2002 -03 $500,000 $500,000 $790,000 120,000 50,000 1,630,000 310,000 $2,900,000 $350,000 1,150,000 2,080,000 80,000 440,000 $4,100,000 Total Project Cost $7,500,000 $500,000 * Task cost includes a 25 percent contingency. $790,000 $120,000 $50,000 $1,630,000 $310,000 $350,000 $1,150,000 $440,000 2003 -04 $2,080,000 $80,000 $0 $2,900,000 $1,940,000 $2,160,000 The current budget provides off - street parking funds and CDBG funds totaling $600,000 for the Balboa Pier parking lot and peninsula revitalization. $500,000 of this budgeted amount will be used for the preparation of the engineering design documents, environmental documents, and permit applications. The design would be prepared for both phases of the project at the same time. Design would begin in spring 2000. The design, environmental clearances, and permitting would be completed by July 2001. SUBJECT: Phasing and Estimate a Balboa Village Pedestrian and Streetscape Im ent Plan and Pier Parking Lot Redesign OM February 22, 2000 Page 5 Construction would begin on Phase 1 in FY01 -02 at an estimated cost of $2,900,000. Phase 2 construction costs are approximately $4,100,000. Table 2 shows the funding for Phase 2 split over two fiscal years beginning in FY02 -03. The proposed improvements within Peninsula Park include upgrading the pavilion gazebo to a bandstand and providing uplighting on the existing palms. The cost for these improvements, as shown in Table 2, is $80,000. Another option envisions a more extensive refurbishment of the park to include a grass area around the bandstand for outdoor seating, relocation of the flight monument, new irrigation system, new landscaping, and new hardscape. While additional conceptual design is required to define costs, a rough estimate of cost ranges from $250,000 to $350,000. Maintenance Costs The cost for providing an enhanced level of landscape maintenance within the business district, including frequent pruning, daily litter removal, maintenance of 'color' areas, and weekly adjustment of the irrigation, is approximately $1,200 per month. While additional review is required, it appears that the pavement and sidewalk enhancements will require increased routine maintenance to keep the surfaces clean. The cost per day for a steam cleaning crew and pollutant disposal is approximately $1,000. At 1 day per month the cost would be approximately $12,000 per year. Funding Sources As outlined in the December 13, 1999, staff report to the Mayor and City Council, the additional project costs can be partially funded from the Community Development Block Grant (CDBG), the Off - Street Parking Fund, and the Neighborhood Enhancement Reserve Fund as follows: 1. The City may borrow against future CDBG allocations for approximately $2,000,000. 2. The Off - Street Parking Fund has a FY 1998 -1999 balance of $690,000, of which $430,000 is committed to the Balboa Pier Parking Lot. 3. The Neighborhood Enhancement Reserve Fund has a FY 1998 -1999 balance of $479,000, with anticipated annual receipts of approximately $240,000. 4. It is anticipated that $700,000 in Gas Tax funds will be available in FY 2001 -2002 for roadway related improvements. 4 SUBJECT: Phasing and Estimates a Balboa Village Pedestrian and Streetscape Imp ent Plan and Pier Parking Lot Redesign February 22, 2000 Page 6 Table 3 indicates funding sources for the project. Table 3: Funding Sources Engineering Design & Environmental Documents Neighborhood Enhancement Off Street Parking Phase 1 - Balboa Blvd, Pier Parking Lot, Pier Plaza, A St. Parking Lot Driveway CDBG - Section 108 Loan Off - Street Parking Neighborhood Enhancement Gas Tax Parking Revenue Bond Total Phase 1 Phase 2 - Property Acquisition, Village Streetscape, Peninsula Park CDBG - Section 108 Loan Neighborhood Enhancement Parking Revenue Bond General Fund Total Phase 2 1999 -00 2000 -01 2001 -02 2002 -03 $250,000 $250,000 $300,000 $690,000 $460,000 $700,000 $750,000 $500,000 $0 $2,900,000 $1,700,000 2003 -04 Total $240,000 $240,000 $1,920,000 $0 $1,940,000 $2,160,000 Total $500,000 $0 $2,900,000 $1,940,000 $2,160,000 $7,500,000 Parking Revenue Bond In order to implement all of the Village Plan within 4 years, the City Council may wish to consider the use of revenue bonds or a similar financing tool to fund a portion of the project costs. In the past, the City has utilized new or increased revenues from a project to pay for the bonds. While the meters for the full length of the Peninsula generate approximately $1 million annually, including the $240,000 that is directed to the Neighborhood Enhancement Reserve, this project will result in minimal additional revenue due to the small number of meters being added. Should the City Council decide to use meter revenues to repay bonds, other General fund projects will need to be adjusted to offset the repayments. If $2.67 million were raised through the issuance SUBJECT: Phasing and Estimateda e Balboa Village Pedestrian and Streetscape Irn*ent Plan and Pier Parking Lot Redesign February 22, 2000 Page 7 of a revenue bond at 7.5 %, the semi - annual payments would be approximately $150,000 for 15 years. After FY 2003 -2004, the Neighborhood Enhancement Reserve Fund could be reused to payoff the bond rather than the general fund. This would obligate Neighborhood Enchancement funds generated from the entire peninsula to one area of improvement for 15 years. Project Schedule Assuming the City Council approves initiation of the project and then authorizes design contracts in April 2000, construction could begin on Phase 1 by fall 2001. A conceptual schedule is shown as an attachment. The schedule is based on the following: 1. Environmental Clearance A 4 -month period to hire an environmental professional, prepare the environmental documents, a 30 -day public review period and final approval on a mitigated negative declaration. This will be done concurrently with the design. 2. Design Engineering A 9 -month period, concurrent with the Environmental Clearances procurement, to hire a civil engineering firm and prepare the design drawings and specifications. 3. Coastal Commission Permit A 6 -month period after completion of the design is expected for the application to be agendized for Coastal Commission hearing and approval. The Coastal Commission requires signed plans prior to starting the review process. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director Robert Stein Senior Civil Engineer Attachments: Conceptual Schedule Preliminary Assessment District Estimate Exhibit Sharon Wood Assistant City Manager f:\ users \pbw\ shared\ council \fy99 -00 \febmary-22 \balboa village.doc fASi BAY LANDMARK A TOWER 256 -S I 1(' ALLEY 256 -T • a °¢ OCEAN PARKING LOT ti ALLEY 256 -U I IN ALLEY 256 -V I:e- FRONT `fTITITITI' PENINSULA PARK Q C �BALBOA PIER RESTROOM BALBOA VILLAGE IMPROVEMENT PROJECT - PHASE 1 NOT TO SCALE LOCATION MAP COUNCIL AGENDA RECEIVED N0. 1¢ Mike Martin ��77��, Balboa Pharmacy U -14 _o i 'Ot U -9 P 1 :23 716 E. Balboa Blvd. Balboa, CA 92661 August 8, 2001 Mayor Gary Adams Of FICE OF fHE CITY CLERr( City Hall 3300 Newport Blvd. C11 Y OF NEWPORT BEACH Newport Beach, CA 92663 Honorable Mayor Adams, I am a Newport Beach resident and have owned Balboa Pharmacy for the last 19 years. Balboa Pharmacy is located at the comer of Main and Balboa Blvd. I am very concerned about the proposal to take most of the parking off Balboa Blvd. and relocate it around the comer or in the main lot. I have been approached by a number of my concerned customers that they will have to walk a block or two to get to the pharmacy. This may be okay for a small percentage of tourists to walk the extra block or two to shop downtown Balboa but most residents want the parking to remain on Balboa Blvd. Corona del Mar and Balboa Island both have free parking on their main streets (Coast Highway and Marine Ave.) It is imperative that we retain parking on our main street too. Balboa needs core businesses such as the Pharmacy to serve nearby residents. This proposal will discourage the sick and aged from shopping locally because they are unable to walk the extra block or two. Although I am supportive of a pedestrian environment, removing the few parking spaces that enable residents to park near the pharmacy will greatly impact many local residents that I have worked so hard to serve. Enclosed is a copy of the petition signed by the people who are opposed to taking most of the parking off of Balboa Blvd. This petition contains about 350 names of people that think taking parking off of Balboa Blvd. is a mistake. I think the City would be making a big and expensive step backward if you remove these 25 or so spaces. The few parking spaces that remain will likely be filled all the time. At the very least, please allow more parking spaces to remain on the North side of Balboa Blvd. for the convenience of the residents who want to use the Pharmacy and Post Office. The vast majority of residents who patronize Balboa businesses prefer convenient parking over widened sidewalks. Thanks for your consideration. S�incerel�yn Mike Martin Owner, Balboa Pharmacy 673 -5370 a �► _1 ia d N�P�;�N 6 — _� cc` 1J �2ous_ s3 �Z� — o — — — ok'__z - -- — 9/7 `agA- -C- �`8G"'_ 0 Please don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy! 77 - - - - - - - - --- �7 ,.Please don't take away our Balboa. Blvd. parking, we need it to shop locally at places like the post office and pharmacy! NAME ADDRESS SIGNATURE -LCIV- - - - - - - - - - - - -- ------ ------ ------------- --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 0 Please don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office. and pharmacy' E ADDRESS. 17 SIGNAT U R E - - - - - - - - - - 4f--- I -1� 17 Please don't take away our Balboa Blvd, parking, we need it to shop. locally at places like the post office and pharmacy! SIGNAT UR E 2: LL L L LL 4 V- --- --------------------------- 0 0 Please don't take away our Balboa Blvd. parking, we need it to shop locally at. places like the post office J C C Please don't take away our Bal boa Blvd, parking, we need it to shop locally at p laces like the post office DRESS SIGNAT. 10-af P!9 ng, 1AI, i.0 A ni? it 3W­Z. Y14 jV AO L o,66 III, 0 0 Please don't take away our Balboa Blvd, parking, we need it to shop locally at places like the post office and pharmacy! IN ME ADDRESS SIGNATURE 5L, J L V n,i LC rzi L L 0 Please don't take away our Balbod Blvd. parking, we need it to shop locally at places like the post office and pharmacy! NAME ADDRESS SIGNAT U R E C Q r 21- T, IT T/k kA4 iL LLL- -La At �-Al yj 0 0 Please. don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy! NAME ADDRESS SlG IRE CVO G+:•7Cil� -.S iy� �� ^� ��G -1/t �'C- =.i.t� G� /.i� s \,— (�,j��lr -� �•'�'._.t- � --_. -. i s i �' '� l' _.� U-I �.�. lr� i �.l.�.r✓'t•ti 4� I� a Z��-t� �/!b1. y�tc:• ,i 34 _ 0 Please don't take away our Balboa Blvd, parking, we need it to-shop locally at places like the post office and pharmacy! ,.ADDRESS I UL�_Lr� zF SIG & LY� Z • 0 Please don't take away our Balboa ..Blvd, parking, we need it to shop locally at places like the post office and pharmacy! NAME ADDRESS SIGNATUREt L L • XT k5L'_LL -D (120 k 7 e -rot LI cA M �Ff C'I _bl � - Qfz> CAk r--jLLmeC,,z_-_-) ____4M__________ E Please don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy! I j Nr41VlE ADDRESS SI NAI° IJ R E -- -- - - ----- � -- - -- T t ps it -_K/ —Ov A7 s: Li .d -�_�� S� L Z9 %�/Y �( ✓� � 7a-4—Li �,. � ll�_i✓_E�r -L. Y__�J= :.11�U�"�11.'/a- !.�-� -7� �2 =`` =_ u.�ra l� {i:��`( r i 1 11, T. Ndl . 1 C �r ti - r /1j_ �- ,cr,<if� -� i< 'J 0 • Please don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy! NAME ADDRESS SIGNATURE L4c Anna MEL spj.1409k -O&K-> 9-,hLk.pA 11V� -- - - - - - - - - - - - - - r2 ,rz (Lc -1 2a 4k-4 S-i 1 1, lase don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy! "ME 6��-.'--ADDRESS SIGINA U -1-=-7 `77r-77-7=71 V. Y�Ii -W MW -- Ste; - - - - - --- - - - - - - - --- va A f, �7 Ali t) - - - - - - - - -- - - - - - - - - - - LWZ� L '4 LA L4; 0 0 Please don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy' NAME . ADDRESS S6�/- SIGNAT U R E - --- - - --- - - - - - - - - - - - - - - - - - - - PTI WE 120 (L ( r qL,!�� LL I A mi L— -, k-I�L C tw J- Ip Lc�". All C Cc 7T -f—/. sli-I-el • 0 ...Please don't take away our Balboa Blvd. parking, we need it to ;shop locally at places. like the post office and pharmacy! NAME ADDRESS SIGNAT U, R E L,26L �'704 n! 0I, J. - - - --- - - s._...__ - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 Y I AL Please don't take away our Balboa Blvd. parking, we need it to:shop locally at places like the post office and pharmacy! NAME ADDRESS SIG, ATP-R E 4 1 <Re-,U� . i, L-k-- k( N), A U 'Ile 2-52 -aaa • 0 Please don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy! N ME ADDRTSS Sip r r- SO , w�L t2 7t- �j 7 ,n i.4 j q j Please don't take away our Balboa Blvd. parking, we need it to shop locally at places like the post office and pharmacy! NAME ADDRESS SIGNAT U R E I I �y 7`1 71 PROFESSIONAL SERVICES AGREEMENT FOR BALBOA LANDMARK TOWER THIS AGREEMENT, entered into this 18th day of December 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and RMS Engineering and Design, Inc., whose address is 537 Newport Center Drive, Suite 294, Newport Beach, California 92660 (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 proposes to construct a landmark tower located at the northeast corner of Balboa Boulevard and Palm Street. C. City desires to engage Consultant to prepare a geotechnical investigation and structural drawings and specifications for said landmark tower (hereinafter referred to as "Project ") upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Roger Sage, P.E., S.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: i 9:4C4ITd The term of this Agreement shall commence on the 18th day of December 2000, and shall terminate on the 18th day of December 2001, 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 seventeen thousand, four hundred and 001100 Dollars ($17,400). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit "B ". _2 P E 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 costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under 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 -3 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of 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's services 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 Roger Sage, Professional Engineer, I 0 0 to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. Notice to Proceed December 20, 2000 Submit Preliminary Design Documents January 30, 2001 City Review Complete February 10, 2001 Submit 75% Complete Construction Documents March 30, 2001 City Review Complete April 19, 2001 Submit 100% Complete Construction Documents May 19, 2001 City Approval May 31, 2001 The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 -5 0 0 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but 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 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 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 I E are desired. 12. 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of 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 policies, 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 -7 01 0 described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies that are admitted to do business in the State of California and assigned Best's A- VII or better rating: 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 in a minimum amount of $2 million. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure I 0 E and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 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 I 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 form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. -10 0 0 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 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 -11 0 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 Consultant's work, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 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 -12 0 0 this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, attention: Robert Stein 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: RMS Engineering. Attention: Roger Sage, P.E. 537 Newport Center Drive Newport Beach, CA 92660 (949) 721 -0470 Fax (949) 721 -0214 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default -13 0 0 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 effective date of termination. 27. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this -14 0 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 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, 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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 to use CADD data for additions to this Project, for completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and -15 0 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 CITY OF NEWPORT BEACH A Municipal Corporation By: Don Webb Public Works By: Mayor RMS E i ering & Design City of Newport Beach By:i. og . Sage, P.E. Title: f c e s;-ar° r fiusers\pbMsharedtbalboa village\agreements\rmstrms agreement 121500.doc s Fi RMS Engineering & Design, Inc. 11 A November 21, 2000 Mr. Bob Stein, P.E. Public Works Department City of Newport Beach 0 537 Newport Center Drive, h294 PHONE (949) 721 -0470 Newport Beach, CA 92660 FAX (949) 721 -0920 4130 La 3o11a Village Dr. PHONE (858) 622 -0200 Suite 10787 La Jolla, CA 92037 FAX (858) 622 -0214 MAIL P. O. Box 8501 Newport Beach, CA 92658 Subject: Structural Engineering Services for Balboa Landmark Tower contract No. C -3333 Dear Bob: The following is our proposal for structural design of the Balboa Landmark Tower. RMS will produce construction documents using AutoCAD14 for drawings, and MS Word for the contract specifications. Our fee estimate including labor and directs costs such as mileage, minor postage, and minor printing, is $ 17,400. This fee includes a soils investigation by our geotechnical sub - consultant, Leighton and Associates. This fee does not include services during construction. This fee does not include reproduction and delivery costs. This fee does not include permit fees. This fee does not include detailed cost estimates. This fee does not include any civil /site work. The geotechnical fee is based on: 1) City providing us with plans for underground utilities, 2) access to the site for drilling during normal working days and daylight hours, 3) Leighton will remove the excess soil cuttings offsite. The fee is based on design of a 35 -feet high walk through clock tower along with 112 t feet of trellis. $1,500 portion of our fee is allocated for development of structural options at preliminary design concept phase (PHASE 1). RMS scope of work, in this phase, will include all necessary interaction with the City and Ron Yeo to come up with a preliminary design that is acceptable to the City. Different schemes with different structural elements /components and materials will be looked at by RMS to satisfy the City and the • 0 architect's needs. This fee is based on development of structural options for the monument with a construction cost of $200,000. (f15 %). Additional schemes and options can be investigated, for a monument with a larger construction cost, with an increase in design fee. Attached, please find our fee schedule. Please call us to discuss this project and answer any questions about our proposal. Very truly yours, Roger M. Sage, P.E., S.E. Principal RMS file RMS Engineering & Design, Inc. co I k Newport Beach, CA 92660 4130 La Jolla Village Dr. Suite 10787 La Jolla, CA 92037 Fee Schedule --Effective I/ 1 /00 Professional Services Principal Engineer Senior Engineer Staff Engineer Technical Services Senior Designer /Drafter Drafter /CAD Operator Technical word Processor Clerical Litigation Support HCH I R LY R A TES FAX (949) 721 -0920 PHONF (858) 622 -0200 FAX (858) 622 -0214 $130.00/hour $100.00/hour $90.00/hour $65.001hour $60.001hour $45.00/hour $45.001hour NO. Description Hourly Rate 1 Support Staff $75 2 Pro'ectEngineer $120 3 Proiect Manager $170 4 Mediation & Conferences $185 5 Deposition & Court Appearances $280 Sub - consultant Cost+ 10% Other Direct Costs Cost +00% Travel Time Travel time will be charged at regular hourly rates, for actual time involved, plus .315 /mile for mileage. Terms Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5 percent per month, or the maximum amount allowed by law, will be charged on past -due amounts. RMS ENGINEERING & DESIGN reserves the rightto revise its schedule of charges with changes in practice. 0 0 PROFESSIONAL SERVICES AGREEMENT FOR BALBOA LANDMARK TOWER THIS AGREEMENT, entered into this 18th day of December 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "Cit)("), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California 92625 (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 proposes to construct a landmark tower located at the northeast corner of Balboa Boulevard and Palm Street. C. City desires to engage Consultant to prepare drawings and specifications for said landmark tower (hereinafter referred to as 'Project ") upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Ron Yeo, FAIA. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1- 0 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 18th day of December 2000, and shall terminate on the 18th day of December 2001, 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 Sixteen Thousand Eight Hundred dollars ($16,800). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit "B ". -2- • • 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 costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under 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, -3- 9 0 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of 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 0 0 0 the work to be performed. City agrees to cooperate with Consultant's services 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 Ron Yeo, Architect, to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously 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 below. Notice to Proceed Submit Preliminary Design Documents City Review Complete Submit 75% Complete Construction Documents City Review Complete Submit 100% Complete Construction Documents City Approval -5- December 20, 2000 January 19, 2001 January 30, 2001 March 30, 2001 April 19, 2001 May 19, 2001 May 31, 2001 0 The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but 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 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 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. ST 0 0 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers, employees, agents, 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 -7- 0 0 filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions policies, 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. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies that are admitted to do business in the State of California and assigned Best's A- VII or better rating: 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 in a minimum amount of $2 million. 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). U 0 0 Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 0 I] U 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 form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant one copy of -10- r i all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 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 -11- 0 0 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 Consultant's work, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 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 -12- 0 City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, attention: Lloyd Dalton 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ron Yeo, FAIA Architect, Inc. Attention: Ron Yeo 500 Jasmine Avenue Corona del Mar, CA 92625 (949) 644 -8111 Fax (949) 644 -0449 -13- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting parry 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 state or federal laws 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. -14- 0 29. INTEGRATED CONTRACT 0 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 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, 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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 to use CADD data for additions to this Project, for completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. -15- 0 0 All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 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 Clawson Assistant City Attorney CITY OF NEWPORT BEACH A Municipal : 717 B � Y Don Webb Public Works Director By: `�— td t rnMQ111 TAMT Mayor City of Newport Beach IVnis_llsyslusems pbwAsharedlbalboa village�agreementsvon yeolyeo agreement 120400.doc -16- DEC 7 200J y I� RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 SCOPE OF SERVICES TO: Bob Stein, City of Newport Beach DATE: December 5, 2000 FROM Ron Yeo RE: Balboa landmark tower EXHIBT "A" SCOPE OF WORK Architectural design of a 35' high walk through clock tower along with 112 lin. Ft. + of trellis. Construction Budget $180,000 to 200,000 ± PHASE I— PRELIMINARY ARCHITECTURAL DESIGN CONCEPT Refine the design concept Sketch various options for details Compile various material options Review rough studies w/ City staff (meeting # 1) Prepare a color /material board Based upon the input from staff, and the City's consulting structural engineer (RMS)refine the approved concept and materials to be used with hardline drawings Present concept to City staff (meeting # 2) Present concept to Committee (meeting # 3) $3,800 Develop electrical lighting concepts by Consolidated Eng. 500 Sub total phase 1 $4,300 PHASE 2— CONSTRUCTION DOCUMENTS • Based upon the approved concept develop architectural plans & specifications ready for permits and bidding. Coordinate plans with City's Structural, Civil & landscape design consultants (RMS, Psomas, Nuvis) 10,000 • Power & lighting engineering by Consolidated Eng. 2.500 Sub total phase 2 $12,500 Total for phase 1 & 2, $16,800 0 Fax Memo December 5, 2000 Page 2 Available, but not included Study model, renderings, colored site plan Detailed cost estimates Plumbing engineering, site utilities Meetings beyond those listed 0 Reproduction and delivery costs (provide an allowance of $500) Changes to previously approved plans Tasks furnished by others Site work - hardscape, landscape, Structural engineering and plans CEQA, Coastal processing Geotechnical report Permits and fees City "boiler plate" division 1 specs Reproduction of bid sets street furniture, colored site plan & bid forms PHASE 4- BID & CONSTRUCTION SUPPORT Hourly, or to be negotiated. 0 rjjp RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 EXHIBIT `B" SCHEDULE OF FEES Hourly rates in $ for 2001 PRINCIPAL ARCHITECT ASSOCIATE ARCHITECT, STRUCTURAL ENGINEER PROJECT ARCHITECT SENIOR DESIGN ARCHITECT DESIGN ARCHITECT SENIOR DRAFTSPERSON/DESIGNER INTERMEDIATE DRAFTSPERSON/DESIGNER APPRENTICE DRAFTSPERSON/DESIGNER PROFESSIONAL ADMINISTRATIVE STAFF 115.00/HR. 100.00/HR. 80.00/HR. 70.00/HR. 65.00/HR 55.00/HR. 50.00/HR. 40.00/HR. 40.00/HR. 0 PROFESSIONAL SERVICES AGREEMENT FOR BALBOA VILLAGE IMPROVEMENT PLAN 9 ^r [1 THIS AGREEMENT, entered into this .1 day of �i`, ''!' I °�, 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and NUVIS Landscape Architecture and Planning, whose address is 3151 Airway Avenue, Suite J -3, Costa Mesa, California, 92626, (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 Balboa Village Improvement Plan ( "Project "). C. City desires to engage Consultant to PERFORM THE TASKS LISTED IN Exhibit A, Scope of Work, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are Robert Stone and Perry Candoza. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and ME E 11 desires to contract with Consultant under the terms and 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 10th day of January 2001, and shall terminate on the 31st day of December 2001, 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 sixteen thousand one hundred twenty and no /100 ($16,120). 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. -2- 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, and based upon the billing rates as set forth in Exhibit B. 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 reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under 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 -3- 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 agrees to obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work in Exhibit A, Scope of 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, in Exhibit A, Scope of Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the 13 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 Bob Stone to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant agrees to continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. -5- below. 8. TIME OF PERFORMANCE • Consultant shall perform the services in accordance with the schedule specified The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and will 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 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 Project proceeds in a manner consistent with City goals and policies. 191 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements in force at the time services are performed and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, save and hold harmless City, its City Council, boards and commissions, officers and employees (Indemnitees) 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of Indemnitees, 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. -7- 0 0 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, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of Califomia and assigned Best's A- VII or better rating: A. Workers compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third parry 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. In n u 0 C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. However, in the event of non - payment of premium, a ten (10) day notice will be given. 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 Wall any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 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, 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 -10- • • and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate -11- 0 0 records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -12- 0 0 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, -13- r• u E 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: Bob Stein, Project Engineer 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: Robert W. Stone NUVIS 3151 Airway Avenue, Suite J -3 Costa Mesa, CA 92626 -4640 (714) 759 -7311 (714) 754 -7346 (Fax) 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -14- i 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with applicable laws, state or federal and applicable ordinances, rules and regulations enacted or issued by City, which are in force at the time services are performed. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her 5161 9 0 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its 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 5110 • • 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: Z(�' Robl auson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: ►� Mayor City of Newport Beach CONSULTANT fAusersipbvAshared\balboa Allage�agreements inuvis\agreement.doc -17- 9 0 BALBOA VILLAGE IMPROVEMENT PLAN EXHIBIT A December 28, 2000 Scope of Work for NUVIS Landscape Architecture and Planning 3151 Airway Avenue, Suite J -3 Costa Mesa, CA 92626 The following tasks shall be performed by NUVIS to support the planning and design for the Balboa Village Improvement Project. Task 1. Based on a concept drawing prepared, by Ron Baers, prepare construction drawings and specifications for the restroom plaza including design for the pavement, landscaping and street furniture. Coordinate with the Ron Yeo, the Public Works Department and General Services. See Attachment B, Task 2a. (Task budget: $3,500.) Task 2. Review the nine candidates street trees for possible re- designation as the new street tree for Main Street and Balboa Boulevard. Prepare a matrix to evaluate each candidate tree. Attend meeting. See Attachment B, Task 2c (Task budget: $1,100) Task 3. Prepare planting and irrigation drawings for the Balboa Landmark Tower area and the Palm Street parking lot. See Attachment B, Task 2d (Task budget: $5,580) Task 4. Prepare construction documents to include low voltage decorative uplighting and appropriate outlets for holiday lighting. (Task budget: $4,440) Task 5. Provide additional product research and preliminary design for proposed metal, wood, synthetic wood, and concrete site furniture, custom concrete seating, and amenities. (Task budget: $1,500) Total Fee: $ 16,120 1 ° \Uscn \PBW \Shared \Balboa VillageWgrcements \Nuvis \Exhibit A 121900.doe DEC.15.2000 6i21PM N0.152 =. L7 mifeNmu' -w - 8 Date: November28,2000 To: Net} Gillis, PSOMAS 714-545 -8883 Bob Stein, City of Newport Beach 948 - 644 -3306 Prom: Leslee Temple, NMU r Re: FmposaliarSupplemantelS&Wcw Newport Beach Balboa Village Improvements 1V f7 V I S contract MO. sm (Z1YMVW031 NUM - Change Order#SRequest R9VISHD I1:30AM L NDjCAO4LAA1G IT I Based on our meeting Monday, November 27, 2000, between Bob Stein, Bob ITN Cardoza, Leslee Temple, and Bob Stone, and subsequent phone call on Tuesday, November 28, 2000, Nt1VIS submits the following revised items as additional and N N O V A T i V E N N O optional services to the original Agreementand Change Orders #1, #2, 4, and #4, RESPDyS:3LE pESl6N S 0 L U T 1 0 N S F C R TOTAL„ REQUEST FOR CHMGB ORDER $30,340. O u t ENV r O . M E N T Change Order Request for Item #Ia (see below) $12,600. L Change Order Request for Item #lb (see below) $3,600. OP' TIONU Change Order Request for Item #lc (see below) $1,800. Change Order Request for Item #2a (see below) $3,500. Change Order Request for Item #2b deleted Change Order Request for item 02c (see below) $1,1004 Change Order Request for Item #wed (see below) $6,660. Change Order Request for Initial Item #3 $2,160, Change Order Request for Item #9 Each Additional ($1,440.) Broken down as follows: la. Peninsula Park Deal Development& Construction Do ,eneti 31st AIEWAY AVENUE, SUITE j-3 The following are professional services being requested of NEVIS that were not a COSTA MESA, CALIFORNIA part of the originally anticipated soope Of services or fee, U.S.A 02424 -4640 F r • 71 4.7 5 4.7 3 4 6 Refine hardscape paving patterns on peninsula park site plan AutoCAD life as PH; 71 4 , 7 5 4.7 9 1 1 received from the City of Newport Beach. City's CAD file is an interpretation WL: WIS{MONWIS.RET from Ron Biters' plan of October 10, 2000. After approval of the desired pattern, NWIS will provide PSOMAS with essential, site specific, and detailed street hardscape paving pattern layout in AutoCAD for incorporation into their horizontal control drawings, COSTA MESA, CALIFORNIA SAN RAMON, CALIFORNIA LAS VEGAS, NEVACA CALI FO:RNIA 1255 9 EVADA 1 95 DEC.19.2000 6: 22RM - N0. 152 2�7 Prepare planting (trees, shrubs, and groundcovers) and irrigation construction documents in addition to coordinating with City sts.0 and attending two (2) meetings as described In AmendmentNo. a - BzhibitA, Task #ti. This request is supplemental to the origlaal agreementwhich included turf specifications and large turf irrigation design. The additional compensation is based on the extensive perimeter landscape plantings as portrayed in Ran Beers' conceptual plan as prepared for the October 10, 2000, composite plan (see herewith). Includes approximatal 140 hours of drafting and principal design and quality control oversight time broken down In the following manner: Thirty (30) hours Hadscape Refinement Thirty (30) hours Irrigation Dea(gn Eighty (80) hours PlantingAesign If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Ram it s $12,600. 1b. Perdnsuja Park SW Pier Plaza - Balsed Planter Refinement. The following are professional services being requested of NUMS thatwere not a part of the originally anticipated scope of services or fee. Refine design of raised planters/ seat walls and scalloped seating areas and there Interface with badscape and lawn areas as interpreted by the City fmm Ron Beers' plan of October 10, 2000, and provided through an AutoCAD file (see reduction herewith) from the City of Newport Beads. If this proposaltfee and then design is accepted, N ]VIS will provide PSOASAS with essential, site specific, and detailed streethardscape pattern layoutinAutoCAD for incorporation into their horizontal control drawings. Includes approximately forty (40) hours of drafting and principal design and quality control oversight time. If there are anyadditional requirements other then those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Optional Change Order Request for Item #Ib $34600. lc. Pier Pja7a NArd9 apC The following are professional services being requested of N MS thatwere not a part of the originally anticipated scope of services or fee. DEC.19.2003 6 ;22AH !10..52 Provide hardscape alternative designs to reflect the desired send & sea pattern for pier plaza to properly coordinate consistency with the hardscape paving patterns as have been accepted for the rest of the village area. After approval of the desired pattern. NOVIS will provide PSOMAS with essential, site specific, and detailed street hardscape paving pattern IayoutinAutoCAD for incorporation into their horizontal control drawings. Includes approximately twenty (20) hours of drafting and principal design and quality control oversight time. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Optional Change order Request fat Item talc 41,800. 2a, Aadi"Anal I Andenul ing Rnfl StCaet6sape nAAlen - Aestrnnm Plana. The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Based on concept drawing prepared by Ron Baers, preppare conatsuction drawings and specifications for the restroom plaza includiag design for the hardscape, landscaping, and street furniture in addition to coordinating with Ron You and the Public Works and General Services Departments as described in Amendment No. 3 - ExhibitA, Task N9. Includes approximately tbiM -eight (38) hours of drafting and principal design and quality control oversight time. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Chaaga Order Request for item OU $3,000. M 2a Ad +HenallandACal�ingand Streefteape Des 'ea- Street Ilea Matri75 The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Review the nine (9) candidates for possible re- designation as the new street tree for Main Streetand Balboa Boulevard and discuss such documentation at a City meeting. Prepare a metro[ to evaluate each candidate tree as described in Amendment No. 3 - BxhibitA, Task #9. DEC.19.2000 6: 23AII N0.152 =.4'7 • • Includes approximately twelve (12) hours of drafting and principal design and quality control oversight time. If there are anyadditioAd requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Item 02c $1,100. 4 2d. Ad itte nt t •ndaraetna�n pe neaign - Liaibea T.an m rk Te The following are professional services being requested of N=S that part of the originally anticipated scope of services or fee. Provide hardscap a designs and site furniture /amenities including but not limited to benches, mailboxes, newspaper stands, Me racks, litter receptacles, planters, signage, pedestrian level lighting, public art and banners for the landmark clocktower area to properly coordinate cousistencywlth the hardscape paving patterns as have been accepted for the rest of the village area. Includes coordination /meetings regarding (1) handicap access ramp and utility locations with ?SOWS and (2) location of columns =the structure with Ron Yea, PAIR. After approval of the desired pattern, NUVIS will provide PSOMAS with essential, site specific, and detailed street hardseape pattern layout in AutoW for incorporation into their horizontal control drawings. Prepare planting and irrigation construction drawings for the Balboa Landmark Tower area and the Palm Street parking lot medians as described inAmendment No. 3 - $xb1b1tA, Task#9. Includes approximately sixty-two (62) hours of drafting and principal design and quality control overnight time broken down in the following manner. Thirty (8U) hours Hardscaps Refinement Thirty -two (32) hours Planting and Irrigation Design if there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Item f2d $5,880. 3. Statement of Probable Construction Cast for Peninsula Park and pier Plaza IF The following are professional services being requested of NtMS that were not a part of the originally anticipated scope of services or fee. Prepare a statement of probable construction cost for Ron Beers' conceptual plan as prepared for the Octobar 10, 2000, composite plan, as annotated with City's implementation assumptions marked on the plenby Bob Stein and Information on proposed site amenities as submitted to Nl7vls by Mar e LomeHL 4 DEC.19.2000 6:24Rr, n0.152 F.Si' Includes approximately twenty -four (24) hours for initial takeoff and cost statement preparation drafting, administration, and principal design and quality control oversight time and shUen (161 hours of same for each additional revision to initial cost statement. If there are any additional requirements other than those mentioned hereon. the proposed fee will be adjusted to reflect such requested changes. Change Girder Request for initial Item #3 $21160.1/ Change Order Request for Item #3 EachAdditlotal $3,440. Please note that itwould be our preference to not commence these professional services until written authorization has been received through PSOMAS by NtWIS. Please do not hesitate to call me at your convenience should you need further clarification or information. Client #: -6075 hYZ7I S AAORn._ CERTIFICA OF LIABILITY INSUFMCE 2 03. /ol PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. BOX 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711 -0550 10/29/00 714 427 -6810 INSURERS AFFORDING COVERAGE INwRED INSURERA:United States Fidelity & Guaranty NIVIS INSURERBAmerican Motorists Ins. Co. -- ----R- 3151 Airway Avenue Suite J -3 Costa Mesa, CA 92626 Security Ins. Co_. of Hartford INSURER D: .._. _. — INSURER E: MVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN LSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDWC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AOCREOATE umrM SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N TrPE OF INSURANCE PDUCT NUMBER PoLIC EFFECTIVE PoLI6YEXPiR�TIOr --N' LIMITS A _GENERAL LIABILITY X COMMERCV,LGENERALLIABILITY BKO0697502 10/29/00 10/29/01 -EACH OCCURRENCE Sl 000 x-000 FIRE DAMAGE ony one Nrs; $300,000 CLAIMS MODEL'j OCCUR MED EXPAn one excon) $10,000 PERSONAL A AOV INJURY $1,000,000 GENERAL AGGREGATE PROOUOTS- COMP,OPAGG 42 OOO OOO r _ GEN'L AGGREGATE LIMRAFPI•IE_SPER: POLICY PRC- I I LOC S2, 000, 000 A AUTOMOBILE LIABILITY ANYAUTO 13KO0697502 10/29/00 10/29/01 COMBINED SINGLE LIMB lEfl sccidenq $l OOO 000 , - , I�J'7 BODILY INJURY (Pcr Verson) ALL OWNED AUTOS SCHEDULED AUTOS S X X BODILYINJURY (PBr KCiOCnI) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (P"UCIONAp S - -- - ........._ GARAGE UABILr" AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC AUTO ONLY: AGO S $ ANYAUTO EXCESS UAB I LITY OCCUR �I CLAIMS MADE H EACOCCVARENCE AGGREGATE 3 S _ DEDUCTIBLE $ RETENTION 3 B WORKERS COMPENSATION AND 7CW30594701 10/29/00 10/29/01 X wC STATU- OTH CA EMPLOYERS' UAB ILITY E.L.EA0' ACC10ENT it -LOGO, OOO E.L.DISEASE -EA EMPLOYE_ sl, 000,000 E.L. DISEASE -POUCT LIMI 31, 000. 000 C OTHER professional AEE0302137 10/29/00 10129101 $1,000,000 Per claim (Liability $2,000,000 Annl Aggr DESCRIPTION OFOPERATIONS LOCATIONS /VEHICLES/EXCLUSION6ADDED BYENOORSEMENT /SPECWLPROV1610NS RE: Professional Services Agreement for Balboa Village Improvement Plan City of Newport Beach,its officials, agents, officers, employees and volunteers are Additional Insured Waiver of Subrogation as respects Workers Compensation City of Newport Beach Public Works Dept P O BOX 1768 Newport Beach, CA 92658 -8915 ACORD25- S(7r97)1 of 1 #S54959/M50172 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETMEREOR,THEISSUING INSURERWIL c(j1XWAAIL3- 0._DAYSWRITTEN NOTICETOTHE CGATIFICATE HOLDEA NAMEOTOTHE LEFT, CORPORATION 1988 Ann /Inn•a 07AA4 'nSSV NOINg'd d97V9G RIR? /75hT/ En:OT T007.7n'Q73 0 0 Policy Number: SK00697502 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 2/01/01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Newport Beach Public works Dept P 0 BOX 1768 Newport Beach, CA 92658 -8915 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. City of Newport Beach,its officials, agents, officers, employees & volunteers PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CLIBF 22 40 03 95 500 /:[n'13 ?15 B# Doggy NOIN3H 431V30 BTB?LZtBIL S0 =?T T00?.7,0'933 n WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 11 REMPER National Insurance Companies (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/29100 Insured: Nuvis Policy No. 7CW30594701 Premium Insurance Company: AMERICAN MOTORISTS INSURANCE COMPANY Countersigned by SCHEDULE Person or Organization Job Description ANYONE FOR WHOM THE INSURED HAS AGREED TO FURNISH THIS WAIVER MINIMUM PREMIUM $ 100 We have the right to recover our payments from anyone liable for an injury by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.0% of the California workers compensation premium otherwise due on such remuneration. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in the U. S. A. —. 1111 -1 .114F* Inc SV NOZNgM X11V3❑ At R4174 Ft1 Cif :?T T(107.,'n'A74 JAN -29 -01 MON 03:24 PM . FAX NO. • N�CAL-SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. P. 02/05 DATE RECEIVED: 01 DI DEPARTMENT /CONTACT RECEIVED FROM: q&oj/NR AMR DATE COMPLETED: `0� �� SENT TO: �S'IiAIiIA tq `, BY:�Woa COMPANY/PF.RSON REQUIRED TO HAVE CERTIFICATE: �fl�IS Kl sGlR/U 66 GENERAL LIABILITY: A. INSURANCE COMPANY: uAlr7 SXfj fJD�� I7Y f, r�UN�PI�iUTy B. AM BEST RATING (A VII or greater):_.X C. ADMITTED COMPANY: ( Must be California Admitted) Is company tied in California'? Yes_Z No__ D. LIMIT'S: (Must be $1,000.000 or greater) What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes _ No_ E ADDITIONAL INSUR.DED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included'? Yes ✓ No _ G. PR24ARY AND NON CONTRITO WORDING: ORDING: (Must be included) Is It included? Yes ✓ No_ H. CAUTIONI ( Confirm that loss or liability or the Named insured is not limited solely by their negligence.) Does endorsement inclndo "solely by negligence" wording? Yes_— No ✓ 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b) certified mail: per Lauren Farley the City will accept the endeavor wording. AUTOMOBILE LIABILITY: A INSURANCE COMPANY: �� s7AT�S FID'F l9Y i /�R9AriY B. AM BEST RATING (A VII or greater): :� —� C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes �✓ No D. LIMITS: ( Must be S 1.000,000 minimum BI & PD and 5500,000 UM) What is limits provided? `�/� E. ADDITIONAL. INSURED WORDING TO INCLUDE: (The City its officers .agents. officials, employees and volunteers). Is it included'? Yes _ No�/ F. PRIMARY AND NON CONIRIDUTORY WORDING. (Must be included). Is it included'? Yes ✓ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b} cenilud trail; per Lauren Farley the City will accept the endeavor wording. ITT. WORKERS COMPENSATION: A. INSURANCE COMPANY: �-AOV ) 7lJ9I97'5 L1JS��itJC�_ G'D B. AM BEST RATING (A VII or grentcr) x C. LIMITS: Statuiory D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes_ No ✓ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ �N,,O/r, WHICH ITEMS NEED TO BE COMPLETED ?,U,O / p1S Il. E I f Aft ,� • � Cis) C -3333 January 9, 2001 CITY COUNCIL AGENDA ITEM NO. to TO: Mayor and Members of the City Council FROM: Public Works Department ! j APPROVED SUBJECT: BALBOA VILLAGE IMPROVEMENT PLAN - CONTRACT•NO. 3333, APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RON YEO, FAIA ARCHITECT, INC., RMS ENGINEERING AND DESIGN, INC., AND NUVIS RECOMMENDATIONS: 1. Approve the Professional Services Agreement with Ron Yeo, FAIA Architect, Inc., for design of the Landmark Tower in the amount of $16,800. 2. Approve Professional Services Agreement with RMS Engineering & Design, Inc., for a geotechnical investigation and structural analysis of the Landmark Tower in the amount of $17,400. 3. Approve Professional Services Agreement with NUVIS for additional planning and design tasks in the amount of $16,120. DISCUSSION: On May 23, 2000, the City Council awarded the design for the Balboa Village Improvement Project (Contract No. 3333) to Psomas for a fee of $493,136. This contract provides for streetscape, landscape and utility improvements for the Village area including: • Widening sidewalks in the Village area • Reconstructing curb ramps to ADA standards • Resurfacing of Balboa Boulevard from Adams Street to A Street • Reconfiguring the Balboa Pier parking lot to add parking • Improving pier plaza, and connecting road to the A Street parking lot • Adding landscaping and replacing the irrigation system for Peninsula Park • Providing new pavement for Palm Street, Washington Street, and Main Street between Edgewater and Oceanfront • Providing new pavement for Oceanfront and Bay Avenue between Main Street and Palm Street • Providing a storm drain system for Balboa Boulevard • Replacing the cobrahead lighting with post top luminaries SUBJECT: BALBOA VILLAGE IMf�EMENT PLAN - CONTRACT NO. 3333, APPR OF PROFESSIONAL SERVICES AGREEMENTS WITH R N YEO, FAIA ARCHITECT, INC., RMS ENGINEERIN AND DESIGN, INC., AND NUVIS January 9, 2001 Page 2 Following the award of the contract, the City continued planning for the project. New ideas have evolved and new research, planning and design tasks have been added to Psomas' scope of work. These tasks include planning and design for the Balboa Landmark Tower, Peninsula Park, Balboa Pier Plaza, Bay Avenue parking, streetscape patterns, and street trees, design modification to the site plan, underground utilities, and streets. Staff has authorized four contract amendments totaling $121,981 as compensation for the additional work. Psomas total contract amount is now $615,117. New tasks are now proposed for the Landmark Tower and other project elements. To accomplish this new work, Staff recommends approving agreements with three other firms - Ron Yeo, FAIA Architect, Inc., RMS Engineering & Design, Inc., and NUVIS. Based on the development and approval of concept drawings for a landmark tower at the comer of Balboa Boulevard and Palm Street (see Attachment A), final construction documents are now required. A Professional Services Agreement has been prepared with Ron Yeo, FAIA Architect, Inc., to provide design services for the Landmark Tower including proposing options for materials, colors, details, and preparing architectural plans and specifications including power and lighting. A total of $16,800 is established to cover the cost of these professional services. Funding for this work will be covered with the amount set aside for extra work in Account No. 7023- C51005,* (Balboa Village Plan). A Professional Services Agreement has been prepared with RMS Engineering & Design, Inc. for a geotechnical investigation and structural analysis and design for the Landmark Tower including proposing material options, developing structural framing and detail options, preparing final construction documents to be included with the architectural plans and specifications. A total of $17,400 is established to cover the cost of these professional services. Funding for this work will be covered with the amount set aside for extra work in Account No. 7022- C5100543, and 7023- C5100543 (Balboa Village Plan). A Professional Services Agreement has been prepared with NUVIS for planning and design tasks including: • preparing construction drawings and specifications for the restroom plaza • reviewing candidates street trees for possible re- designation as the new street tree for Main Street and Balboa Boulevard • preparing planting and irrigation drawings for the Balboa Landmark Tower area and the Palm Street parking lot • preparing construction documents for low voltage decorative uplighting and appropriate outlets for holiday lighting • providing additional product research and preliminary design for proposed metal, wood, synthetic wood, and concrete site furniture, custom concrete seating, and amenities SUBJECT: BALBOA VILLAGE IMP MENT PLAN - CONTRACT NO. 3333, APPRO F PROFESSIONAL SERVICES AGREEMENTS WITH RoYEO, FAIA ARCHITECT, INC., RMS ENGINEERING* DESIGN, INC., AND NUVIS January 9, 2001 Page 3 A total of $16,120 is established to cover the cost of these professional services. Funding for this work will be covered under Account No. 7022- C5100376 (Balboa Pier Parking /Main Street Improvements). The Balboa Village project continues to make good progress with a submittal to the Coastal Commission planned for January 2001. Final design for all elements of the project is expected to be completed by June 2001. Respectfully s(u'bmi VV PUB ORKS DEPARTMENT Don Webb, Director By: Robert S ein Special Project Engineer Attachments: Professional Services Agreement - Ron Yeo, FAIA Architect, Inc. Professional Services Agreement - RMS Engineering & Design, Inc. Professional Services Agreement - NUVIS Landmark Tower Elevation E PROFESSIONAL SERVICES AGREEMENT FOR BALBOA LANDMARK TOWER THIS AGREEMENT, entered into this 18th day of December 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California 92625 (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 proposes to construct a landmark tower located at the northeast comer of Balboa Boulevard and Palm Street. C. City desires to engage Consultant to prepare drawings and specifications for said landmark tower (hereinafter referred to as "Project") upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Ron Yeo, FAIA. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1- • 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 18th day of December 2000, and shall terminate on the 18th day of December 2001, 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 Sixteen Thousand Eight Hundred dollars ($16,800). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit "B ". -2- 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 costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under 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, -3- 9 0 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of 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 ME 0 Fi the work to be performed. City agrees to cooperate with Consultant's services 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 Ron Yeo, Architect, to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously 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 below. Notice to Proceed Submit Preliminary Design Documents City Review Complete Submit 75% Complete Construction Documents City Review Complete Submit 100% Complete Construction Documents City Approval -5- December 20, 2000 January 19, 2001 January 30, 2001 March 30, 2001 April 19, 2001 May 19, 2001 May 31, 2001 • • The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but 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 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 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. F-3 0 0 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers, employees, agents, and shall include attomeys' 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 -7- 0 0 filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions policies, 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. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies that are admitted to do business in the State of California and assigned Best's A- VII or better rating: 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 in a minimum amount of $2 million. 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). M 0 Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 0 0 0 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 form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant one copy of -10- s 0 all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 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 -11- 0 0 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 Consultant's work, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 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 -12- 0 0 City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, attention: Lloyd Dalton 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ron Yeo, FAIA Architect, Inc. Attention: Ron Yeo 500 Jasmine Avenue Corona del Mar, CA 92625 (949) 644 -8111 Fax (949) 644 -0449 -13- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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 state or federal laws and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either parry 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. -14- 0 0 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 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, 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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 to use CADD data for additions to this Project, for completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. -15- E r� All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 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 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor CONSULTANT By: Title.: \\mis_1\sys\users\pbvAshared\balboa village\agreementstron yeo \yeo agreement 120400.doc -16- DEC 7 20:i teal RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 6448111 FAX: (949) 644 -0449 SCOPE OF SERVICES TO: Bob Stein, City of Newport Beach DATE: December 5, 2000 FROM Ron Yeo RE: Balboa landmark tower EXHIBT "A" SCOPE OF WORK Architectural design of a 35' high walk through clock tower along with 112 lin. Ft. + of trellis. Construction Budget $180,000 to 200,000 ± PHASE 1- PRELIMINARYARCHITECTURAL DESIGN CONCEPT Refine the design concept Sketch various options for details Compile various material options Review rough studies w/ City staff (meeting # 1) Prepare a color /material board Based upon the input from staff, and the City's consulting structural engineer (RMS)refine the approved concept and materials to be used with hardline drawings Present concept to City staff (meeting # 2) Present concept to Committee (meeting # 3) $3,800 Develop electrical lighting concepts by Consolidated Eng. 500 Sub total phase 1 $4,300 PHASE 2- CONSTRUCTION DOCUMENTS • Based upon the approved concept develop architectural plans & specifications ready for permits and bidding. Coordinate plans with City's Structural, Civil & landscape design consultants (RMS, Psomas, Nuvis) 10,000 • Power & lighting engineering by Consolidated Eng. 2.500 Sub total phase 2 $12,500 Total for phase 1 & 2, $16,800 0 0 Fax Memo December 5, 2000 Page 2 Available, but not included Study model, renderings, colored site plan Detailed cost estimates Plumbing engineering, site utilities Meetings beyond those listed Reproduction and delivery costs (provide an allowance of $500) Changes to previously approved plans Tasks furnished by others Site work - hardscape, landscape, street furniture, colored site plan Structural engineering and plans CEQA, Coastal processing Geotechnical report Permits and fees City "boiler plate" division 1 specs & bid forms Reproduction of bid sets PRASE 4— BID & CONSTRUCTION SUPPORT Hourly, or to be negotiated. 0 ry 0 RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 KKMBIT "B" SCHEDULE OF FEES Hourly rates in $ for 2001 PRINCIPAL ARCHITECT ASSOCIATE ARCHITECT, STRUCTURAL ENGINEER PROJECT ARCHITECT SENIOR DESIGN ARCHITECT DESIGN ARCHITECT SENIOR DRAFTSPERSON/DESIGNER INTERMEDIATE DRAFTSPERSON/DESIGNER APPRENTICE DRAFTSPERSON/DESIGNER PROFESSIONAL ADMINISTRATIVE STAFF 115.00/HR. 100.00/HR. 80.00/HR. 70.00/HR. 65.00/HR 55.00/HR. 50.00/HR. 40.00/HR. 40.00/HR. 0 0 PROFESSIONAL SERVICES AGREEMENT FOR BALBOA LANDMARK TOWER THIS AGREEMENT, entered into this 18th day of December 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "Cit)("), and RMS Engineering and Design, Inc., whose address is 537 Newport Center Drive, Suite 294, Newport Beach, California 92660 (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 proposes to construct a landmark tower located at the northeast comer of Balboa Boulevard and Palm Street. C. City desires to engage Consultant to prepare a geotechnical investigation and structural drawings and specifications for said landmark tower (hereinafter referred to as "Project ") upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Roger Sage, P.E., S.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1 0 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 18th day of December 2000, and shall terminate on the 18th day of December 2001, 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 seventeen thousand, four hundred and 00/100 Dollars ($17,400). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit "B ". -2 0 0 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 costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional 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 -3 0 0 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of 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's services 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 Roger Sage, Professional Engineer, L9 0 0 to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City s approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously 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 below. Notice to Proceed December 20, 2000 Submit Preliminary Design Documents January 30, 2001 City Review Complete February 10, 2001 Submit 75% Complete Construction Documents March 30, 2001 City Review Complete April 19, 2001 Submit 100% Complete Construction Documents May 19, 2001 City Approval May 31, 2001 The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 -5 0 0 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but 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 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 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 0 0 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of 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 policies, 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 -7 0 described herein. 0 Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies that are admitted to do business in the State of California and assigned Best's A- VII or better rating: 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 in a minimum amount of $2 million. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure 151 0 0 and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 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 U'] 0 0 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 form as City may require, fumish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. -10 0 0 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 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 -11 E 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 Consultant's work, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 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 -12 0 0 this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, attention: Robert Stein 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: RMS Engineering. Attention: Roger Sage, P.E. 537 Newport Center Drive Newport Beach, CA 92660 (949) 721 -0470 Fax (949) 721 -0214 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default -13 0 0 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 effective date of termination. 27. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this -14 0 0 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 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, 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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 to use CADD data for additions to this Project, for completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and -15 0 0 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 By: Mayor City of Newport Beach CITY OF NEWPORT BEACH A Municipal Corporation By: Don Webb Public Works RMS Engineering & Design Roger M. Sage, P.E. Title: MusersV Wshareftalboa village\agreements\rms\rms agreement 121500.doc -16 RMS Engineering & Design, Inc. aaU•1 11 A November 21, 2000 Mr. Bob Stein, P.E. Public Works Department City of Newport Beach 0 537 Newport Center Drive, #294 PHONE (949) 721-0470 Newport Beach, CA 92660 FAX (949) 721-0920 4130 La Jolla Village Dr. PHONE (858) 622 -0200 Suite 10787 La Jolla, CA 92037 FAX (858) 622 -0214 MAIL P. O. Box 8501 Newport Beach, CA 92658 Subject: Structural Engineering Services for Balboa Landmark Tower contract No. C -3333 Dear Bob: The following is our proposal for structural design of the Balboa Landmark Tower. RMS will produce construction documents using AutoCAD14 for drawings, and MS Word for the contract specifications. Our fee estimate including labor and directs costs such as mileage, minor postage, and minor printing, is $ 17,400. This fee includes a soils investigation by our geotechnical sub - consultant, Leighton and Associates. This fee does not include services during construction. This fee does not include reproduction and delivery costs. This fee does not include permit fees. This fee does not include detailed cost estimates. This fee does not include any civil /site work. The geotechnical fee is based on: 1) City providing us with plans for underground utilities, 2) access to the site for drilling during normal working days and daylight hours, 3) Leighton will remove the excess soil cuttings offsite. The fee is based on design of a 35 -feet high walk through clock tower along with 112 t feet of trellis. $1,500 portion of our fee is allocated for development of structural options at preliminary design concept phase (PHASE 1). RMS scope of work, in this phase, will include all necessary interaction with the City and Ron Yeo to come up with a preliminary design that is acceptable to the City. Different schemes with different structural elements /components and materials will be looked at by RMS to satisfy the City and the 0 0 architect's needs. This fee is based on development of structural options for the monument with a construction cost of $200,000. (05 %). Additional schemes and options can be investigated, for a monument with a larger construction cost, with an increase in design fee. Attached, please find our fee schedule. Please call us to discuss this project and answer any questions about our proposal. Very truly yours, Roger M. Sage, P.E., S.E. Principal RMS file iIN AI Engineering Newport Beach, CA 92660 & Design, Inc. 4130 La Jolla Village Dr. Suite 10787 oli* La Jolla, CA 92037 Fee Schedule -- Effective 1 /l /00 FAX (949) 721 -0920 PHONE (858) 622 -0200 FAX (858) 622 -0214 Professional Services Principal Engineer $130.00/hour Senior Engineer $100.00/hour Staff Engineer $90.001hour Technical Description Services Senior Designer /Drafter $65.00/hour Drafter /CAD Operator $60.00/hour Technical word Processor $45.00/hour Clerical $45.00/hour Litigation Support $170 Ht7t JR t .Y R A TRS Mediation & Conferences NO. Description Hourlv Rate 1 Support Staff 75 2 Proiect Enizincer $120 3 Project Mana er $170 4 Mediation & Conferences $185 5 De osition & Court Appearances $280 Sub - consultant Cost+ 10% Other Direct Costs Cost +00% Travel Time Travel time will be charged at regular hourly rates, for actual time involved, plus .315 /mile for mileage. Terms Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5 percent per month, or the maximum amount allowed by law, will be charged on past -due amounts. RMS ENGINEERING & DESIGN reserves the right to revise its schedule of charges with changes in practice. 0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City'), and NUVIS Landscape Architecture and Planning, whose address is 3151 Airway Avenue, Suite J -3, Costa Mesa, California, 92626, (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 Balboa Village Improvement Plan ( "Project "). C. City desires to engage Consultant to PERFORM THE TASKS LISTED IN Exhibit A, Scope of Work, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are Robert Stone and Perry Candoza. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- 0 0 desires to contract with Consultant under the terms and 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 10th day of January 2001, and shall terminate on the 31st day of December 2001, 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 sixteen thousand one hundred twenty and no /100 ($16,120). 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. -2- r� u 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, and based upon the billing rates as set forth in Exhibit B. 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 reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under 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 -3- 0 6 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. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to im 0 0 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 Bob Stein to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. -5- • • 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and 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 in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but 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 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 19 • • ensure that 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 his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. -7- 0 0 13. INSURANCE Without limiting consultants 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 Consultants services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Bests A- VII or better rating: A. Workers compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice 20 0 0 the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or M 0 any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 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 -10- and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate -11- 0 records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -12- 9 0 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, -13- 0 0 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: Bob Stein, Project Engineer 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: Robert Stone NUVIS 3151 Airway Avenue, Suite J -3 Costa Mesa, CA 92626 -4640 (714) 759 -7311 (714) 754-7346 (Fax) 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -14- 0 0 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since -15- 0 9 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor City of Newport Beach CONSULTANT By: Robert Stone f.Wsers\oWshareftalboa Allagelagr eements\nuAs\agreementdoc -17- 0 BALBOA VILLAGE IMPROVEMENT PLAN EXHIBIT A December 28, 2000 Scope of Work for NUVIS Landscape Architecture and Planning 3151 Airway Avenue, Suite J -3 Costa Mesa, CA 92626 The following tasks shall be performed by NUVIS to support the planning and design for the Balboa Village Improvement Project. Task 1. Based on a concept drawing prepared, by Ron Baers, prepare construction drawings and specifications for the restroom plaza including design for the pavement, landscaping and street furniture. Coordinate with the Ron Yeo, the Public Works Department and General Services. See Attachment B, Task 2a. (Task budget: $3,500.) Task 2. Review the nine candidates street trees for possible re- designation as the new street tree for Main Street and Balboa Boulevard. Prepare a matrix to evaluate each candidate tree. Attend meeting. See Attachment B, Task 2c (Task budget: $1,100) Task 3. Prepare planting and irrigation drawings for the Balboa Landmark Tower area and the Palm Street parking lot. See Attachment B, Task 2d (Task budget: $5,580) Task 4. Prepare construction documents to include low voltage decorative uplighting and appropriate outlets for holiday lighting. (Task budget: $4,440) Task 5. Provide additional product research and preliminary design for proposed metal, wood, synthetic wood, and concrete site furniture, custom concrete seating, and amenities. (Task budget: $1,500) Total Fee: $ 16,120 FAUsers \PBWV Shared \Balboa Village \Agreements \Nuvis \EzhibitA 121900.doc DEC.19.2000 6 :21AM Date: November 28, 2000 To: Noil Gillis, PSOMAS 714-545-8883 Bob Stein, City otNewportBeach848- 844 -3308 Prom: Leslee Temple, NtMS Re: Roposal ar Supplemental Services �rY Newport Beach Balboa yubp Improvements N I %V 19 can tract No. am OrRwom) M0.152 r.1/7 CALIFURNIA 1276 NEVADA 3 36 NUM. Order #5 Request RBV=11:30AM A N d "i'A N'N61�N 0 Monday. November glee A Cardona, L Temple, an ob Stone, nd subsequent phone call ouTuesday, November 28, 2000, NUVIS submits the following revised items as additional and I N N O V A T I V E A N D optional services to the original Agreement and Change Orders #l, #2, #3, and 04. RESPONSIBLE DESIGN S 0 L U T 10 N S F 0 R TOTAL, REQUEST FOR CMNGE ORDER $30,340. O U I E X U R O A M E N T change order Request for Item #la (see b slow) $12,600. Q Change Order Request for Item #lb (see below) $3,600. OffiQL Change Order Request for Item #lc Case below) $1,800. Change Order Request for Item 02a We below) $9,500. Change Order Request for Item #2b deleted Change Order Request for Item 02c (see below) $1,300. Change Order Request for item #24 We below) $5,580. Change Order Request for Initial item #3 $2,160. Change Order Requesttar Item #9 Bach Additional ($1,440.) Broken down as follows: Ia. Pe insuln t Park Des] Development & Construction Documents The following are professional services being requested of NOVIS thatwere not a 3151 AIEWAY AVENUE. SIRT -3 COSTA MFSA,CALIFORNIA part of the originally anticipated scope of services or fee, U.S.A. 41626 -4640 F r • 714.7 6 4.7 a 4 6 Refine hardacape paving patterns on Peninsula Park site plan AutoCAD foe as PH; 71 4J54 .7 31 1 received from the City of Newport Deitch. City's CAD file is an interpretation W!L NUYIKIADNUYIS.AET from Ron Baere' plan of October 10, 2000. After approval of the desired pattern, NUM will provide PSOMAS with essential, site specific, and.detaffed street hardscape paving pattern layout InAutoCAD for incorporation into their horizontal control drawings, COSTA MESA, CALIFORNIA SAN RAAAON, CALIFORNIA LAS VEGAS, NEVADA CALIFURNIA 1276 NEVADA 3 36 DEC. 19. 2000 6:22AM N0. 152 P.2/7 1b. Prepare planting (trees, shrubs, and groundcovers) and hrigat(an construction documents in addition to coordinating with City staff and attending two (2) meetings as described to AmendmentNo. 9 - BxbibitA, Teak #5. This request is supplemental to the original agreement which included turf specifications and imp turf irrigation design. its additional compensation to based on the extensive perimeter landscape plantings as portrayed in Ron Baers' conceptual plan as prepared for the October 10, 2000, composite plan lose herewith). Includes approximatel 140 hours of drafting and principal design and quality control oversight time broken down in the following manner: Thirty (30) hours Hadscape Refinement m 8Si (0) hours PlaatingDeegn If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Ram #Is $12,600. The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Refine design of raised planters /seat walls and scalloped seating areas and there Interface with hardscape and lawn areas as interpreted by the City from Ron Basra' plan of October 10, 2000, and provided through anAutoCAD file (see reduction herewith) from the City of Newport Beach. If this proposal /fee and then design is accepted, NIMS will provide PSObW with essential, site specific, and detailed streetherdacape pattern layout in AutoCAD for Incorporation Into their horizontal control drawings. Includes approximately forty (40) hours of drafting and principal design and quality control oversight time. If them are any additional requirements other than those mentioned hereon, the proposed he will be adjusted to reflect such requested changes. Optional Change Order Request for Item #lb $9,500. IC, pier Playa ir- -- dscg: e, The following ate professional services being requested of NtWIS that were not a part of the origbaallyanticipated scope of services or fee. DEC.19.2000 6:22RM n0.152 P.3/7 Provide hardscape alternative designs to reflect the desired sand & sea pattern for pier plan to properly coordinate eomistenaywith the hardscape paving pattarta es have been accepted for the rest of the village area. After approval of the desired pattern, NOVIS will provide PSOMAS with essential, site specific, and detailed streethar iscape paving pattern layoutinAutoW for Incorporation into th air horin control drawings. Includes approximately twenty (20) hours of drafting and principal design and quality control oversight time. If there are say additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. optional Change order Ragwut for Item Go $1,8W. .Al 2a,AdditinnAlL+? loci- ingg]]e c�pej�sp]on- AestraomPl�, 1 G The following we pcoissatonal servtces belag requested of NUVis thatwera not a part of the originally antlelpawd scope of services or flee. Based on concept drawing prepared by Ron Baers, preppare construction drawings and specifications for the restroompla ninekttdi" design for the hardscape, landscaping, and street furniture in addition to coordinating with Ron Yea and the Public Works and General Services Departments as described in Amendment No. 3 - BxWbitA, Task #9. Includes approximately thirty -eight i98) hours of drafting and principal design and quality control oversight time. If there are arty additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested cbaages. Change order Request for Item #a $3,800. r .. .. ., ryJ 20. Ad itinnol igneygcapiag am 8treeMrg a nee gn -street Tree Matri7t The following are profesetonal services being requested of NUM thatwere not a part of the originally anticipated scope of services or fee. Review the nine (9) candidates for possible re- designation as the new street tree for Main Street and Balboa Boulevard and discuss such docwtentatfot at a City meeting. Prepare a matrix to evaluate each candidate tree as described In Amendment No. 3 - Exhibit A, Task #9. DEC.19.2000 6:23AM )0 2d. • 0 N0.152 °.4? Includes approximately twalve (12) hours of drafting and principal design and quality control oversight time. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested change$. Change Order Request for Item /2c $1,10o. Tile rouowtog are proresalorm services usingrequestea part of the originWy anticipated scope of services or fee. not Provide hardsca a designs and site furniture /ameaittas including butnotlimited to beaches, mailboxes, newspaper stands, bike racks, litter receptacles, planters, aignage, pedestrian level ligbdng, public art: and banners for the landmark clocktower amt to properly coordinate amsfstenoywith the hardseape paving patterns as have been accepted for the rest of the village area. includes co ordination/meeitas regarding (1) handicap access ramp and utility In cetions with PSOMAS and C2) location of columns on the structize with Ann Yeo, PAIR. After approval of the desired pattern, NMS will provide PSOXM with essential, site specific, and detailed street bardampe pattern layout toAutoCAD for incorporation into their horizontal control drawings. Prepare planting and irrigation mnstructica drawings for the Balboa Landmark Tower area and the Palm Street parking lot medians as described inAmendmeat No. s - bbibitA. Task 06. Includes approximately sixty-two (62) hours of drafting and principal design and quality control oversight time broken down in the following manner. Thirty (8u) hours Hardscape Refinement Thttty- two(32)bouts Planting and Irrigation Design If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to redact such requested changes. Change Order Request for Item #2d ;60580. 3. Statement of Probable CoM=Ction Cogtfpr Peninawa Park and filet P: 1 The following are ptofeseional services being requested of Nt that` part of the originally anticipated scope of services or fee. Prepare a etatament of probable construction coat for Ron Batts' conceptual PI an as prepared for the October 10, 2000, composite plan, as annotated with City's ttttplementation assumptions marked on the plan by Bob Stain information on proposed site smanities as submitted to NOVIS by Ma" LomaRL DEC.19.2000 6:24AM H0.152 P.5/7 E Include& approximately twenty -four (26) hours for initial takeoff and cost statement preparation dratiiag, administration, and prhioipal design and quality control oversight time and sixteen (16) hours of same for each additional revision to initial cost statement If there are any additional requirements other than those mentioned hereon. the proposed fee will be adjusted to re$ect such requested changes. Change Order Request for Ittltfal Mint #S $28160. Change Order Request for Itam #9 Bach Additional $19"0. Please note that itwould be our preference to not commence these professional services until written outhorlutlon has been received through PS WAS by NUVIS. Please do not hesitate to call me at your convenience should you need further clarification or information. 9 0 BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS THIS AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT, entered into this (L day of J ;? 2001, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improvement Project, hereinafter referred to as "PROJECT'. B. CITY and CONSULTANT have entered into four separate AMENDMENTS of the AGREEMENT, the latest dated December 20, 2000. C. CITY desires to enter into this AMENDMENT NO. 5 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31. 2002. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 5 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Ll 0 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 5 according to "Exhibit A" dated April 11, 2001 attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 5 shall not exceed one hundred thirty thousand, one hundred ninety -five and 00/100 dollars ($130,195.00). 2002. 3. The term of the AGREEMENT shall be extended to December 31, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the date first above written. APPROVED AS TO FORM: By: City Attorney ATTEST: A6 LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, A municipal corporation Garold B. Adams, N or City of Newport Beal 6y Psomas BY: l4 L f: usem\pbvAshared\balboa village\agreements\psomas\amendment 5 041101.doc BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO. 5 - EXHIBIT A May 1, 2001 With PSOMAS 3187 Red Hill Avenue, Suite 250 Costa Mesa, CA 92626 As requested by the City, Psomas has been asked to perform new design and planning tasks for the Balboa Village Improvement Project including: • Design Revisions for the storm drain in Washington Street, • Design for a new storm drain tide gate and vault, • New design and design revisions for hardscape, landscape, and utilities improvements throughout the Village, and • Revisions to drawings to accommodate new construction phasing. The tasks are detailed below. Task 1 Redesign Storm Drain Line A in Washington Street (Task 1 Request $9,423) The proposed storm drain will be revised at the request of SCE to avoid some its facilities that will be very costly to relocate. Additionally, the City has decided to include in this project a new storm drain outfall across Edgewater into Newport Harbor. Psomas shall: a) Determine a new alignment to eliminate interference's between SCE facilities, b) Coordinate with the City and Ron Yeo for storm drain line alignment within the restroom plaza area, c) Coordinate with SCE for relocation of its facilities, d) Extend the system into Newport Bay including design of a new bulkhead penetration and pipe anchors, and removal of the existing facilities, e) Revise alignment as required by new tide gate (Task 2 below). f) Coordinate research for interfering utilities in Edgewater, g) Coordinate with the City and property owners for other interference's in Edgewater, h) Re- connect two existing catch basin in Washington Street to the new system, and i) Revise the specification for trenching, demolition, access and other requirement. FAUsers \PBW\Shared \Balboa Village \Agreements \Psomas\Amemdment 5 Exhibit A 050101.doc 0 E j) Coordinate with the City and Nuvis to relocate proposed trees on Washington Street between Balboa Boulevard and Bay Avenue. including coordination with Nuvis for the final location of trees on Washington Street north of Bay Avenue including the landscape area. This task also includes coordination with SCE regarding pipeline alignment and profile. Task 2 Tide Gate Planning and Design (Task 2 Request $12,684) Psomas shall perform site studies and coordinate with the City to locate the vault for the new tide -gate valve within the landscape area on the north end of Washington Street. The site plan will show the odor vent mast, tide gate vault and control pedestal, backflow valve, fire department connection, post indicator valve and connections to the two catch basins. The vault shall be located so that it does not impede pedestrian movements in Washington Street and Edgewater. Structural calculations shall be performed and details prepared for the new construction. A new electrical circuit for the tide gate shall be designed. Task 3 Planning Coordination Meetings (Task 3 Request: $3,465) At the request of the City, Nuvis attended seven coordination meetings to discuss options for the landscaping, landmark tower, hardscape materials and pavement pattern. A contingency of 18 hours for future meetings is included in this task. Task 4 Hardscape, Landscape and Utility Design Revisions for the Period January to April 2001 (Task 4 Request: $38,303) As requested by the City, Psomas shall perform the following new or revised design tasks: a. Modify the curb line on Balboa Boulevard near Edison vault. (Subtask request: $1,700) b. Provide a wall detail and horizontal control for the seat wall between the Pier Plaza and Peninsula Park. (Subtask request: $1,253) c. Prepare details to modify an existing french drain in the Pier Parking Lot based on information provided by the City. (Subtask request: $950) d. Prepare full improvements for the alley (plan and profile) linking Bay Avenue and Balboa Blvd between Washington St and Main Street (Subtask request: $3,482) e. Redesign the proposed water line in Washington Street to eliminate interference's between existing SCE facilities and proposed water improvements. (Subtask request: $2,000) f. Delete the proposed sanitary sewer replacement in Bay Avenue East from the plans. (Subtask request: $701) g. Prepare a salvage plan for the existing palm trees in the Balboa Pier Parking Lot. (Subtask request: $1,200) FAUsers \P13W\Shared \Balboa Village \Agreements \Psomas\Amemdment 5 Exhibit A 050101.doc 0 0 h. Shift the two parallel parking stall in front of the Pharmacy on Balboa Boulevard (Subtask request: $1,897) i. Revise landscape and hardscape design to accommodate changed parking on Balboa Blvd in front of pharmacy, driveway at Palm St, modified utility locations at restroom, planter at north end of Washington St to accommodate gas emission, relocate tree wells and planting areas between Adams and Palm on Balboa Boulevard (Subtask request: $3,100) j. Add trees to the Balboa Pier Parking Lot. The original design included removal of all trees within the interior of the Pier Parking Lot. Based on Council and community comments, trees will be installed within the parking lot interior in a geometric pattern that will not interfere with the new parking layout. The demolition and improvement plans, as well as the hardscape, planting and irrigation designs shall be revised to accommodate the change. (Subtask request: $3,336) k. Reduce tree well sizes on Balboa Boulevard and adjust paving patterns and hardscape plans to accommodate these changes. (Subtask request: $7,764) I. Design decorative elements for the meandering wall and conical pilasters along the Oceanfront boardwalk. Design to include footings and wall cap. Also, at the direction of the City, revise Pier Plaza geometry and decorative pilasters. (Subtask request: $3,375) m. Provide concept to provide trellises and vines for the area on Washington Street north of Bay Avenue. Provide a planting concept for the landscape area at the north end of Washington Street in order to accommodate the odor vent'mast'. (Subtask request: $2,000) n. Modify the loop detector in Balboa Boulevard at Main Street due to changes in the street geometry. (Subtask request: $1,650) o. Redesign the intersection between Main Street and Bay Avenue to construct Main Street north of Balboa Boulevard in Phase 2 rather than in Phase 3. The existing design is based upon a different phasing sequence. Because the finish elevations of the existing and proposed improvements are not identical at the new match line, the design shall be modified and a transition detail shall be created. (Subtask request: $1,200) p. Revise Balboa Boulevard improvements between Alley 220 (East of Main Street) and A Street to construct this section in Phase 2 rather than Phase 1. The design of the project is somewhat dependent on how the project is phased. The City has indicated that some elements of the project initially planned in Phase 1 may be moved to later phases. This will require some adjustment to the street details at the interface between phases, changes in the traffic control plans, street light design and circuitry, and irrigation drawings. (Subtask request: $2,695) Task 5 Hardscape, Landscape and Utility Design Revisions Subsequent to the 95% Complete Submittal (Task 5 Request: $42,000) Based on the review of the 95 percent complete drawings, the City has indicated that the following list of changes to the project. Psomas will meet with the City to FAUsers \PBW\Shared \Balboa Village \Agreements \Psomas\Amemdment 5 Exhibit A 050101.doc 0 discuss the proposed additional work in detail. Prior to proceeding with any of the tasks listed below, Psomas will obtain written authorization from the City. a. Revise the storm drain lateral alignment in Palm Street between the catch basins and the main line in Balboa Boulevard. b. Revise the radius of the curb return on the northeast corner of the Balboa Boulevard Intersection with Palm Street. Design the intersection pattern to include lithocrete and stained concrete. The pattern will extend into the Landmark Tower Plaza area. This task also includes relocating a fire hydrant, traffic signal pole and conduit modifications, redesigning the handicap ramp, revising the phasing detail, and reworking the demolition plan and hardscape horizontal control plan, revising hardscape and landscape plans, revising the traffic signal modifications, and revising street signing and striping. c. Revise the Pier Parking Lot curb alignment at the ingress and egress points from Washington Street. The work includes revising the horizontal control plan, redesigning the handicap ramps, revising the demolition plan, revising the 10 -scale detail at Washington Street, revising the parking lot lighting, revising the traffic control plan, and revising the hardscape horizontal control plan, revising parking stalls within the lot. d. Revise the limits of Phase 1 and Phase 2 in the Pier Parking Lot to allow the Balboa Inn to construct modifications during the construction of Phase 1 improvements in the vicinity of Main Street and the parking lot frontage road. The work includes revising the improvement and demolition plans, creating a detail of the interim transition between the existing condition and the proposed Phase 1 improvements, revising the landscape / hardscape / irrigation designs, revising the traffic control plan, create interim traffic signing and striping, revising lighting circuits, revising the quantities, and revising construction estimate and specification for the area. e. Revise the plans to remove and replace selected sections of the AC paving in the Pier Parking Lot. The work includes modifying the parking lot improvement plan, revising the quantities and construction estimate, and revising the specification and bid item to address the proposed construction. f. Revise the parking lot design to include an island around the parking meters in the large parking lot between Palm Street and Washington Street South of Oceanfront. The work includes revising the improvement plan, horizontal control plan, hardscape horizontal control plan, revising the drainage pattern in the parking lot, revising the striping plan, and revising landscaping and irrigation plans. g. Revise the storm drain in Washington Street at Bay Avenue by adding a grate inlet in Washington Street just South of Bay Avenue. The work includes revising the storm drain plan, revising the intersection design, revising hydraulic calculations, and updating the quantities and construction estimate. FAUsers\PBw\Shared \Balboa Village\ agreements \PsomasWnemdment 5 Exhibit A 050101.dm h. Design a sanitary sewer service lateral to the trash enclosure east of the new restroom on Washington Street. The work includes designing a detail for the enclosure, revising the finish grades around the enclosure, revising the specification, and updating the quantity and construction estimate. i. Design miscellaneous revisions to the improvement plans including revising catch basins 7 and 9 to City Standard 300 -L -A; moving the tree wells on Balboa Boulevard between Adam Street and Palm Street to the back of the sidewalk; and reducing the length of the median nose in the Pier Parking Lot by pulling it about 15 -feet to the north including relocating a proposed street light. j. Revise the patterns at Palm Street, Washington Street and Main Street intersections along Oceanfront. The work includes revising the hardscape horizontal control plan, along with the hardscape and landscape plans. Task 6 Additional Field Survey (Task 6 Request: $1,550) Additional survey is required beyond the right -of -way on Palm Street in order to design a driveway and two alley access - points to ADA standards. Task 7 Extend the 240 -Volt Street Light Circuitry Outside the Project Limits (Task 7 Request: $7,040) Austin Foust will design a 240 -volt street light circuit to replace the series circuit that lies outside the project area on Adams Street, Bay Avenue, Edgewater and A Street. Task 8 Project Planning and Coordination (Task 8 Request: $13,730) The original Psomas budget for Project Management addressed the coordination anticipated for the original scope of work. The design elements of the Balboa Village evolved over the course of the project in response to discussions and meetings by the Psomas team with City staff, the City Council, representatives of various businesses in the village, and other City consultants. Because the scope of the project changed as the improvement plans were being developed, substantial coordination efforts and costs have resulted. Initiating project changes involves researching design options, considering alternative design concepts, discussing and evaluating design suggestions by city staff, documenting the process, and distributing information to the city, consultants and other interested parties. These preparation efforts are not covered within specific design tasks. Additional costs have also resulted from ascertaining the impact of the proposed changes on the construction drawings and coordinating the added work with Psomas' subconsultants, City staff and other City consultants. FAUsersT9MSharedl13a1boa VillagelAgreements \PsomaslAmemdmenl 5 Exhibit A 050101.doc In addition, there has been a significant effort by Psomas' Project Manager to prepare change orders in response to the City's requests for additional items of work. Psomas has developed cost estimates to provide additional requested services. This task involves developing a conceptual design, making site visits, calling sub - consultant or vendors for research, confirming assumptions and design parameters with city staff, developing labor hours, reproduction costs and other costs, and listing assumptions. The City has implemented about half of the options that they have requested Psomas to develop. Most recently, the City has requested further modifications (see Task 5) to the site plan, storm drain design, landscaping, parking lot modifications, street light modifications, phasing changes and other miscellaneous changes. Psomas has assumed an additional 30 hours of project management time to track and implement these changes. Finally, the project planning that is running concurrently with the design has stretched out the design schedule which does impact the project budget by adding meetings and coordination time. This requested task budget would cover this period through the July 15th, 2001. Task 9 Reproduction: (Task 9 Request: $2,000) This task will provide a supplement to the reimbursables budget to accommodate the extra plan sets and documents that have been produced to support the ongoing design effort as well as the anticipated revisions to complete the construction documents. Total Fee Request for Amendment 5: $130,195 FAUsem \PBW\Shared \Balboa Village \Agreements \PsomasWmemdment 5 Exhibit A 050101.doc TO: Mayor and Members of the City Council FROM: Public Works Department C - ,3333 May 8, 2001 COUNCIL AGENDA ITEM NO. 9 MAY 8 APPROVED SUBJECT: BALBOA VILLAGE PROJECT UPDATE AND APPROVAL OF AMENDMENT NO. 5 TO PSOMAS AGREEMENT RECOMMENDATIONS: 1. Receive and file project update report. 2. Approve Amendment No. 5 in the amount of $130,195 to the original Agreement with Psomas. The amendment provides for a fee increase to cover work beyond the original scope of services. The Amendment also provides for a time extension to the Agreement. PROJECT HISTORY At the February 22, 2000, City Council meeting, Staff was directed to solicit proposals for professional services to design pedestrian and streetscape improvements for the Balboa Village area. The Balboa Village project includes hardscape, landscape, and streetlight improvements for the Balboa Pier parking lot, pier plaza, Washington Street, Palm Street, Main Street, Bay Avenue, Balboa Boulevard, Ocean Front, and Peninsula Park. On May 23, 2000, Council authorized the City to execute an Agreement with Psomas to provide pre- design, design, and construction services for the Balboa Village Improvement Project for a fee of $493,131. The original scope of work includes: • Designing pedestrian and streetscape improvements • Preparing an odor assessment at Washington Street and Bay Avenue • Designing water, sewer, streetlight, and storm drain improvements There are several projects associated with the Balboa Village Project underway concurrently including: • Formation of an Underground Utilities Assessment District • Re- designing the Washington Street and Balboa Pier restrooms • Designing the landmark tower at the corner of Balboa Boulevard and Palm Avenue SUBJECT: Balboa Village Project U and Approval of Amendment No. 5 to Psomas Agent May 8, 2001 Page 2 Several studies associated with the project have been commissioned and completed: • A human health risk assessment for the methane and hydrogen sulfide emissions at Washington Street and Bay Avenue • A Negative Declaration for the project • A biological assessment for the new storm drain outfall at the north end of Washington Street • An analysis of the Ficus trees on Main Street with a complementary study by Staff on tree maintenance costs PROJECT PHASING The Village Project will take three years to construct with the first phase beginning in October 2001. Based on discussions with representatives from the Balboa Inn for the expansion of the hotel, Phase 1 has been modified to delay some of the proposed improvements in area of the Inn expansion. If the Inn receives approval for the project, perhaps in July 2001, then construction drawings will need to be prepared. Construction could conceivably begin early in 2002. The following are the major components to be constructed in each phase. Phase 1 — FY 2001 -2002 Construction of the Balboa Pier Parking Lot improvements (excluding the small metered parking area to the west of the proposed Inn expansion as well as the sidewalks on the south and east sides of the Inn expansion), Pier Plaza improvements, Main Street connection from the A Street Parking Lot, Balboa Boulevard improvements (from Adams Street to Main Street), and storm drain facilities in Washington Street. Phase 2 — FY 2002 -2003 Construction of the Oceanfront boardwalk and median area, Balboa Boulevard (from Main Street to A Street), and streetscape for Palm Street, Washington Street, and Main Street from Oceanfront to Balboa Boulevard. Phase 3 — FY 2003 -2004 Construction of streetscape for Palm Street, Washington Street, and Main Street from Balboa Boulevard to Edgewater Place, Bay Avenue streetscape (including an odor control system), and improvements for Peninsula Park. PROJECT STATUS The City received a third submittal of drawings and specifications from Psomas on March 23, 2001. The documents were reviewed and returned to Psomas on April 20, 2001. Factoring in the new tasks, the construction drawings are approximately eighty percent complete. Psomas is revising the drawings for resubmittal on May 23, 2001. SUBJECT: Balboa Village Project Up•and Approval of Amendment No. 5 to Psomas Agr�nt May 8, 2001 Page 3 Comments were received from the California Coastal Commission and the City prepared and submitted a response to the Coastal Commission on April 5, 2001. Staff selected a concrete material called Lithocrete for use on this project. Staff is coordinating with a local supplier to prepare samples with the proposed materials, patterns, and colors for the sidewalks and roadways. Staff has begun the process to pre - qualify Lithocrete contractors. Based on an analysis of projected costs, adjustments are being made to keep construction costs within the allocated budget. The Army Corps of Engineers and the California Regional Water Quality Control Board are processing permit applications for the Village project. CONTRACT AMENDMENT NO. 5 Construction documents for the Balboa Village Project are being prepared by Psomas. The original contract amount with Psomas was $493,136. Amendments totaling $121,981 (24.7 percent of the original contract amount) have been previously approved for new planning and design tasks assigned to Psomas. Tasks covered by the previous amendments included: • Participating in expanded planning activities and working on design development for the streetscapes, Peninsula Park refurbishment, pier plaza redesign, and the landmark tower concept and preliminary design • Designing landscape areas for the pier plaza, Oceanfront median area, and Peninsula Park • Researching options for replacement street trees • Preparing parking design options for Bay Avenue • Preparing design options for Balboa Boulevard • Modifying the design for underground utilities Amendment No. 5 (attached with Psomas' tasks) for $130,195 has been reviewed by Staff for new design tasks and revisions. The added tasks to be provided are: 1. Design revisions for the storm drain alignment in Washington Street. 2. Planning and design for the storm drain outfall across Edgewater into Newport Harbor. 3. Design for a new storm drain tide gate and vault. 4. New design and design revisions for parking, hardscape, trees, landscape, traffic, and utilities improvements throughout the Village. 5. Adjustment to the drawings to accommodate a change in the limits of Phase 1 construction. 6. Supplemental survey. 7. Revisions to drawings to accommodate new construction phasing. 8. Project planning and coordination. SUBJECT: Balboa Village Project U and Approval of Amendment No. 5 to Psomas Aunt May 8, 2001 Page 4 PROJECT SCHEDULE Staff anticipates signing the construction drawings by July 16, 2001, and awarding the contract on September 11, 2001. Construction is anticipated to begin by October 1, 2001. Amendment No. 5 extends the term of the contract to December 31, 2001. Funds are available for Amendment No. 5 in the following accounts: Description Account No. Amount Balboa Pier Parking 7022- C5100376 $ 77,070 Streetlight Replacement Program 7014- C5300035 11,440 Balboa Village Plan 7023- C5100543 11,685 CDBG Balboa Peninsula Revitalization 7161- C2700518 30,000 Total $130,195 Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By. Robe Stein, Project anager Attachment: Amendment No. 5 to Psomas Professional Services Agreement BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS THIS AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2001, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improvement Project, hereinafter referred to as "PROJECT". B. CITY and CONSULTANT have entered into four separate AMENDMENTS of the AGREEMENT, the latest dated December 20, 2000. C. CITY desires to enter into this AMENDMENT NO. 5 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31, 2002. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 5 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: I . CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 5 according to "Exhibit A" dated April 11, 2001 attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 5 shall not exceed one hundred thirty thousand, one hundred ninety -five and 00/100 dollars ($130,195.00). 3. The term of the AGREEMENT shall be extended to December 31, 2002. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation 93 APPROVED AS TO FORM: Garold B. Adams, Mayor City of Newport Beach By: City Attorney ATTEST: By: LaVonne Harkless City Clerk Psomas fAusem \pbw\shared\balboa village \agreements\psomas\amendment 5 041101.doc 0 BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO. 5 - EXHIBIT A May 1, 2001 With PSOMAS 3187 Red Hill Avenue, Suite 250 Costa Mesa, CA 92626 As requested by the City, Psomas has been asked to perform new design and planning tasks for the Balboa Village Improvement Project including: • Design Revisions for the storm drain in Washington Street, • Design for a new storm drain tide gate and vault, • New design and design revisions for hardscape, landscape, and utilities improvements throughout the Village, and • Revisions to drawings to accommodate new construction phasing. The tasks are detailed below. Task 1 Redesign Storm Drain Line A in Washington Street (Task 1 Request $9,423) The proposed storm drain will be revised at the request of SCE to avoid some its facilities that will be very costly to relocate. Additionally, the City has decided to include in this project a new storm drain outfall across Edgewater into Newport Harbor. Psomas shall: a) Determine a new alignment to eliminate interference's between SCE facilities, b) Coordinate with the City and Ron Yeo for storm drain line alignment within the restroom plaza area, c) Coordinate with SCE for relocation of its facilities, d) Extend the system into Newport Bay including design of a new bulkhead penetration and pipe anchors, and removal of the existing facilities, e) Revise alignment as required by new tide gate (Task 2 below). f) Coordinate research for interfering utilities in Edgewater, g) Coordinate with the City and property owners for other interference's in Edgewater, h) Re- connect two existing catch basin in Washington Street to the new system, and i) Revise the specification for trenching, demolition, access and other requirement. F:\ Users \PB\MShared \Balboa Village \Agreements \Psomas%memdment 5 Exhibit A 050101.doc 0 0 j) Coordinate with the City and Nuvis to relocate proposed trees on Washington Street between Balboa Boulevard and Bay Avenue. including coordination with Nuvis for the final location of trees on Washington Street north of Bay Avenue including the landscape area. This task also includes coordination with SCE regarding pipeline alignment and profile. Task 2 Tide Gate Planning and Design (Task 2 Request $12,684) Psomas shall perform site studies and coordinate with the City to locate the vault for the new tide -gate valve within the landscape area on the north end of Washington Street. The site plan will show the odor vent mast, tide gate vault and control pedestal, backflow valve, fire department connection, post indicator valve and connections to the two catch basins. The vault shall be located so that it does not impede pedestrian movements in Washington Street and Edgewater. Structural calculations shall be performed and details prepared for the new construction. A new electrical circuit for the tide gate shall be designed. Task 3 Planning Coordination Meetings (Task 3 Request: $3,465) At the request of the City, Nuvis attended seven coordination meetings to discuss options for the landscaping, landmark tower, hardscape materials and pavement pattern. A contingency of 18 hours for future meetings is included in this task. Task 4 Hardscape, Landscape and Utility Design Revisions for the Period January to April 2001 (Task 4 Request: $38,303) As requested by the City, Psomas shall perform the following new or revised design tasks: a. Modify the curb line on Balboa Boulevard near Edison vault. (Subtask request: $1,700) b. Provide a wall detail and horizontal control for the seat wall between the Pier Plaza and Peninsula Park. (Subtask request: $1,253) c. Prepare details to modify an existing french drain in the Pier Parking Lot based on information provided by the City. (Subtask request: $950) d. Prepare full improvements for the alley (plan and profile) linking Bay Avenue and Balboa Blvd between Washington St and Main Street (Subtask request: $3,482) e. Redesign the proposed water line in Washington Street to eliminate interference's between existing SCE facilities and proposed water improvements. (Subtask request: $2,000) f. Delete the proposed sanitary sewer replacement in Bay Avenue East from the plans. (Subtask request: $701) g. Prepare a salvage plan for the existing palm trees in the Balboa Pier Parking Lot. (Subtask request: $1,200) F: \Users \PBMShared \Balboa Village \Agreements \Psomas\Amemdment 5 Exhibit A 050101.doc 9 0 h. Shift the two parallel parking stall in front of the Pharmacy on Balboa Boulevard (Subtask request: $1,897) i. Revise landscape and hardscape design to accommodate changed parking on Balboa Blvd in front of pharmacy, driveway at Palm St, modified utility locations at restroom, planter at north end of Washington St to accommodate gas emission, relocate tree wells and planting areas between Adams and Palm on Balboa Boulevard (Subtask request: $3,100) j. Add trees to the Balboa Pier Parking Lot. The original design included removal of all trees within the interior of the Pier Parking Lot. Based on Council and community comments, trees will be installed within the parking lot interior in a geometric pattern that will not interfere with the new parking layout. The demolition and improvement plans, as well as the hardscape, planting and irrigation designs shall be revised to accommodate the change. (Subtask request: $3,336) k. Reduce tree well sizes on Balboa Boulevard and adjust paving patterns and hardscape plans to accommodate these changes. (Subtask request: $7,764) I. Design decorative elements for the meandering wall and conical pilasters along the Oceanfront boardwalk. Design to include footings and wall cap. Also, at the direction of the City, revise Pier Plaza geometry and decorative pilasters. (Subtask request: $3,375) m. Provide concept to provide trellises and vines for the area on Washington Street north of Bay Avenue. Provide a planting concept for the landscape area at the north end of Washington Street in order to accommodate the odor vent'mast'. (Subtask request: $2,000) n. Modify the loop detector in Balboa Boulevard at Main Street due to changes in the street geometry. (Subtask request: $1,650) o. Redesign the intersection between Main Street and Bay Avenue to construct Main Street north of Balboa Boulevard in Phase 2 rather than in Phase 3. The existing design is based upon a different phasing sequence. Because the finish elevations of the existing and proposed improvements are not identical at the new match line, the design shall be modified and a transition detail shall be created. (Subtask request: $1,200) p. Revise Balboa Boulevard improvements between Alley 220 (East of Main Street) and A. Street to construct this section in Phase 2 rather than Phase 1. The design of the project is somewhat dependent on how the project is phased. The City has indicated that some elements of the project initially planned in Phase 1 may be moved to later phases. This will require some adjustment to the street details at the interface between phases, changes in the traffic control plans, street light design and circuitry, and irrigation drawings. (Subtask request: $2,695) Task 5 Hardscape, Landscape and Utility Design Revisions Subsequent to the 95% Complete Submittal (Task 5 Request: $42,000) Based on the review of the 95 percent complete drawings, the City has indicated that the following list of changes to the project. Psomas will meet with the City to FAUsers\PBW\Shared \Balboa Village \Agreements \Psomas\Amemdment 5 Exhibit A 050101.doc • • . . discuss the proposed additional work in detail. Prior to proceeding with any of the tasks listed below, Psomas will obtain written authorization from the City. a. Revise the storm drain lateral alignment in Palm Street between the catch basins and the main line in Balboa Boulevard. b. Revise the radius of the curb return on the northeast corner of the Balboa Boulevard Intersection with Palm Street. Design the intersection pattern to include lithocrete and stained concrete. The pattern will extend into the Landmark Tower Plaza area. This task also includes relocating a fire hydrant, traffic signal pole and conduit modifications, redesigning the handicap ramp, revising the phasing detail, and reworking the demolition plan and hardscape horizontal control plan, revising hardscape and landscape plans, revising the traffic signal modifications, and revising street signing and striping. c. Revise the Pier Parking Lot curb alignment at the ingress and egress points from Washington Street. The work includes revising the horizontal control plan, redesigning the handicap ramps, revising the demolition plan, revising the 10 -scale detail at Washington Street, revising the parking lot lighting, revising the traffic control plan, and revising the hardscape horizontal control plan, revising parking stalls within the lot. d. Revise the limits of Phase 1 and Phase 2 in the Pier Parking Lot to allow the Balboa Inn to construct modifications during the construction of Phase 1 improvements in the vicinity of Main Street and the parking lot frontage road. The work includes revising the improvement and demolition plans, creating a detail of the interim transition between the existing condition and the proposed Phase 1 improvements, revising the landscape / hardscape / irrigation designs, revising the traffic control plan, create interim traffic signing and striping, revising lighting circuits, revising the quantities, and revising construction estimate and specification for the area. e. Revise the plans to remove and replace selected sections of the AC paving in the Pier Parking Lot. The work includes modifying the parking lot improvement plan, revising the quantities and construction estimate, and revising the specification and bid item to address the proposed construction. f. Revise the parking lot design to include an island around the parking meters in the large parking lot between Palm Street and Washington Street South of Oceanfront. The work includes revising the improvement plan, horizontal control plan, hardscape horizontal control plan, revising the drainage pattern in the parking lot, revising the striping plan, and revising landscaping and irrigation plans. g. Revise the storm drain in Washington Street at Bay Avenue by adding a grate inlet in Washington Street just South of Bay Avenue. The work includes revising the storm drain plan, revising the intersection design, revising hydraulic calculations, and updating the quantities and construction estimate. F: \Users \PBW\Shared \Balboa Village \Agreements \Psomas'Amemdment 5 Exhibit A 050101.doc 0 0 h. Design a sanitary sewer service lateral to the trash enclosure east of the new restroom on Washington Street. The work includes designing a detail for the enclosure, revising the finish grades around the enclosure, revising the specification, and updating the quantity and construction estimate. i. Design miscellaneous revisions to the improvement plans including revising catch basins 7 and 9 to City Standard 300 -L -A; moving the tree wells on Balboa Boulevard between Adam Street and Palm Street to the back of the sidewalk; and reducing the length of the median nose in the Pier Parking Lot by pulling it about 15 -feet to the north including relocating a proposed street light. j. Revise the patterns at Palm Street, Washington Street and Main Street intersections along Oceanfront. The work includes revising the hardscape horizontal control plan, along with the hardscape and landscape plans. Task 6 Additional Field Survey (Task 6 Request: $1,550) Additional survey is required beyond the right -of -way on Palm Street in order to design a driveway and two alley access - points to ADA standards. Task 7 Extend the 240 -Volt Street Light Circuitry Outside the Project Limits (Task 7 Request: $7,040) Austin Foust will design a 240 -volt street light circuit to replace the series circuit that lies outside the project area on Adams Street, Bay Avenue, Edgewater and A Street. Task 8 Project Planning and Coordination (Task 8 Request: $13,730) The original Psomas budget for Project Management addressed the coordination anticipated for the original scope of work. The design elements of the Balboa Village evolved over the course of the project in response to discussions and meetings by the Psomas team with City staff, the City Council, representatives of various businesses in the village, and other City consultants. Because the scope of the project changed as the improvement plans were being developed, substantial coordination efforts and costs have resulted. Initiating project changes involves researching design options, considering alternative design concepts, discussing and evaluating design suggestions by city staff, documenting the process, and distributing information to the city, consultants and other interested parties. These preparation efforts are not covered within specific design tasks. Additional costs have also resulted from ascertaining the impact of the proposed changes on the construction drawings and coordinating the added work with Psomas' subconsultants, City staff and other City consultants. FAUsers \PBW\Shared \Balboa Village \Agreements \PsomastAmemdment 5 Exhibit A 050101.doc In addition, there has been a significant effort by Psomas' Project Manager to prepare change orders in response to the City's requests for additional items of work. Psomas has developed cost estimates to provide additional requested services. This task involves developing a conceptual design, making site visits, calling sub - consultant or vendors for research, confirming assumptions and design parameters with city staff, developing labor hours, reproduction costs and other costs, and listing assumptions. The City has implemented about half of the options that they have requested Psomas to develop. Most recently, the City has requested further modifications (see Task 5) to the site plan, storm drain design, landscaping, parking lot modifications, street light modifications, phasing changes and other miscellaneous changes. Psomas has assumed an additional 30 hours of project management time to track and implement these changes. Finally, the project planning that is running concurrently with the design has stretched out the design schedule which does impact the project budget by adding meetings and coordination time. This requested task budget would cover this period through the July 15th, 2001. Task 9 Reproduction: (Task 9 Request: $2,000) This task will provide a supplement to the reimbursables budget to accommodate the extra plan sets and documents that have been produced to support the ongoing design effort as well as the anticipated revisions to complete the construction documents. Total Fee Request for Amendment 5: $130,195 FAUsers\PBVV\Shared \Balboa VillageV agreements \PsomasWmemdment 5 Exhibit A 050101.doe 0 APR APPROVED,,-',. TO: Mayor and Members of the City Council FROM: Public Works Department (VOA April 24, 2001 COUNCIL AGENDA ITEM NO. to SUBJECT: BALBOA VILLAGE PROJECT UPDATE AND APPROVAL OF AMENDMENT NO. 5 TO PSOMAS AGREEMENT RECOMMENDATIONS: 1. Receive and file project update report. 2. Approve Amendment No. 5 in the amount of $107,905 to the original Agreement with Psomas. The amendment provides for a fee increase to cover work beyond the original scope. The Amendment also provides for a time extension to the Agreement. PROJECT HISTORY At the February 22, 2000, City Council meeting, Staff was directed to solicit proposals for professional services to design pedestrian and streetscape improvements for the Balboa Village area. The Balboa Village project includes hardscape, landscape, and streetlight improvements for the Balboa Pier parking lot, pier plaza, Washington Street, Palm Street, Main Street, Bay Avenue, Balboa Boulevard, Ocean Front, and Peninsula Park. On May 23, 2000, Council authorized the City to execute an Agreement with Psomas to provide pre- design, design, and construction services for the Balboa Village Improvement Project for a fee of $493,131. The original scope of work includes: • Designing pedestrian and streetscape improvements • Preparing an odor assessment at Washington Street and Bay Avenue • Designing water, sewer, streetlight, and storm drain improvements There are several projects associated with the Balboa Village Project underway concurrently including: • Forming an Underground Utilities Assessment District • Re- designing the Washington Street and Balboa Pier restrooms • Designing the landmark tower at the corner of Balboa Boulevard and Palm Avenue SUBJECT: Balboa Village Project U and Approval of Amendment No. 5 to Psomas A ent April 24, 2001 Page 2 Several studies associated with the project have been commissioned and completed: A human health risk assessment for the methane and hydrogen sulfide emissions at Washington Street and Bay Avenue • A Negative Declaration for the project A biological assessment for the new storm drain outfall at the north end of Washington Street • An analysis of the Ficus trees on Main Street with a complementary study by Staff on tree maintenance costs PROJECT PHASING The Village Project will be constructed in three phases: Phase 1 — FY 2001 -2002 Construction of the Balboa Pier Parking Lot improvements, Pier Plaza improvements, Main Street connection to the A Street Parking Lot, Balboa Boulevard improvements, and storm drain facilities in Washington Street. Phase 2 — FY 2002 -2003 In general, construction of the Balboa Village streetscape improvements from Ocean Front to Balboa Boulevard. Phase 3 — FY 2003 -2004 In general, construction of the Balboa Village streetscape improvements from Balboa Boulevard to Edgewater Avenue. In the next few years, three important projects are planning construction within the Village area: the Balboa Theatre renovation, the Balboa Inn expansion, and the Orange County Sanitation District sewer pump station at Balboa Boulevard and A Street. The Village project phasing will be modified in the areas of these projects to facilitate construction and protect the Village improvements. PROJECT STATUS The City received a third submittal of drawings and specifications from Psomas on March 23rd. The documents were reviewed and returned to Psomas on April 1gtb. Factoring in the new tasks, the construction drawings are approximately eighty percent complete. Psomas is revising the drawings for resubmittal on May 18th. Comments were received from the California Coastal Commission and the City prepared and submitted a response to the Coastal Commission on April 5, 2001. Staff selected a concrete material called Lithocrete for use on this project. Staff is coordinating with a local supplier to prepare samples with the proposed materials, patterns, and colors for the sidewalks and roadways. Staff has begun the process to pre - qualify Lithocrete contractors. SUBJECT: Balboa Village Project Up nd Approval of Amendment No. 5 to Psomas Ag t April 24, 2001 Page 3 The cost estimate for the project is being analyzed. It appears the total cost for the project is higher than the project budget. This can be attributed to the suggested additional enhancements. Unit costs are being reviewed by Staff to keep the project within the budget. The Army Corps of Engineers and the California Regional Water Quality Control Board are processing permit applications for the Village project. Staff is preparing a Request for Proposal for Construction Management services for the project. CONTRACT AMENDMENT NO. 5 Construction documents for the Balboa Village Project are being prepared by Psomas. The original contract amount with Psomas was $493,136. Amendments totaling $121,981 (24.7 percent of the original contract amount) have been previously approved for new planning and design tasks assigned to Psomas. Tasks covered by the previous amendments included: • Design development for streetscapes, Peninsula Park, pier plaza, and the landmark tower • Design of landscape area for the pier plaza and Peninsula Park, • Street tree research • Planning options for parking on Bay Avenue Design options for Balboa Boulevard • Design modifications for underground utilities Amendment No. 5 for $107,905 has been reviewed by Staff for new design tasks and revisions. The added tasks to be provided are: 1. Design revisions for the storm drain in Washington Street 2. Planning and design for the storm drain outfall into Newport Harbor 3. Design for a new storm drain tide gate and vault 4. New design and design revisions for parking, hardscape, trees, landscape, traffic, and utilities improvements throughout the Village 5. Supplemental survey 6. Revisions to drawings to accommodate new construction phasing 7. Project planning and coordination 8. Contingency ($10,000) SUBJECT: Balboa Village Project and Approval of Amendment No. 5 to Psomas A*ent April 24, 2001 Page 4 PROJECT SCHEDULE Staff anticipates signing the construction drawings by July 16, 2001, and awarding the contract on September 11, 2001. Construction is anticipated to begin by October 1, 2001. Amendment No. 5 extends the term of the contract to December 31, 2001. Funds are available for Amendment No. 5 in the following accounts: Description Balboa Pier Parking Parking Management Implementation Respectfully submitted, i PUBLIC WORKS DEPARTMENT Don Webb, Director i Robert Stein, Project Manager Account No. Amount 7022- C5100376 $ 77,070 7022- C5200414 30,835 Total $107,905 Attachment: Amendment No. 5 to Psomas Professional Services Agreement 0 BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO.5 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS THIS AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2001, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improvement Project, hereinafter referred to as `PROJECT'. B. CITY and CONSULTANT have entered into four separate AMENDMENTS of the AGREEMENT, the latest dated December 20, 2000. C. CITY desires to enter into this AMENDMENT NO. 5 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31, 2002. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 5 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 5 according to "Exhibit A" dated April 11, 2001 attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 5 shall not exceed one hundred seven thousand, nine hundred five AND 00/100 dollars ($107,905.00). 3. The term of the AGREEMENT shall be extended to December 31, 2002. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation BY: APPROVED AS TO FORM: Garold B. Adams, Mayor City of Newport Beach Bv: City Attorney ATTEST: LaVonne Harkless City Clerk Psomas L'" fAusem \pbw\shared \balboa village\agreements \psomas \amendment 5 041101.doc P S O M A S BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO. 5 - EXHIBIT A April 11, 2001 In/if1 PSOMAS 3187 Red Hill Avenue, Suite 250 Costa Mesa, CA 92626 As requested by the City, Psomas has been asked to perform new design and planning tasks for the Balboa Village Improvement Project including: • Design Revisions for the storm drain in Washington Street, • Design for a new storm drain tide gate and vault, • New design and design revisions for hardscape, landscape, and utilities improvements throughout the Village, and • Revisions to drawings to accommodate new construction phasing. The tasks are detailed below. Task 1 Redesign Storm Drain Line A in Washington Street (Task 1 Request $9,423) The proposed storm drain will be revised at the request of SCE to avoid some its facilities that will be very costly to relocate. Additionally, the City has decided to included in this project a new storm drain outfall across Edgewater into Newport Harbor. Psomas shall: a) Determine a new alignment to eliminate interference's between SCE facilities, b) Coordinate with the City and Ron Yeo for storm drain line alignment within the restroom plaza area, c) Coordinate with SCE for relocation of its facilities, d) Extend the system into Newport Bay including design of a new bulkhead penetration and pipe anchors, and removal of the existing facilities, e) Revise alignment as required by new tide gate (Task 2 below). f) Coordinate research for interfering utilities in Edgewater, g) Coordinate with the City and property owners for other interference's in Edgewater, h) Re- connect two existing catch basin in Washington St. to the new system, and i) Revise the specification for trenching, demolition, access and other requirement. MA2NEW060300\Admin \Change Order\0 10412 Amemdment 5 Exhibit A 0411011.doc P S O M A S j) Coordinate with the City and Nuvis to relocate proposed trees on Washington St. between Balboa Boulevard and Bay Avenue. including coordination with Nuvis for the final location of trees on Washington Street north of Bay Avenue including the landscape area. This task also includes coordination with SCE regarding pipeline alignment and profile. Task 2 Tide Gate Planning and Design (Task 2 Request $12,684) Psomas shall perform site studies and coordinate with the City to locate the vault for the new tide -gate valve within the landscape area on the north end of Washington Street. The site plan will show the odor vent mast, tide gate vault and control pedestal, backflow valve, fire department connection, post indicator valve and connections to the two catch basins. The vault shall be located so that it does not impede pedestrian movements in Washington Street and Edgewater. Structural calculations shall be performed and details prepared for the new construction. A new electrical circuit for the tide gate shall be designed. Task 3 Planning Coordination Meetings (Task 3 Request: $3,465) At the request of the City, Nuvis attended seven coordination meetings to discuss options for the landscaping, landmark tower, hardscape materials and pavement pattern. A contingency of 18 hours for future meetings is included in this task. Task 4 Hardscape, Landscape and Utility Design and Revision. (Task 4 Request: $38,303) As requested by the City, Psomas shall perform the following new or revised design tasks. Modify the curb line on Balboa Boulevard near Edison vault. (Subtask request: $1,700) a. Provide a wall detail and horizontal control for the seat wall between the Pier Plaza and Peninsula Park. (Subtask request: $1,253) b. Prepare details to modify an existing french drain in the Pier Parking Lot based on information provided by the City. (Subtask request: $950) c. Prepare full improvements for the alley (plan and profile) linking Bay Avenue and Balboa Blvd between Washington St and Main St. (Subtask request: $3,482) d. Redesign the proposed water line in Washington Street to eliminate interference's between existing SCE facilities and proposed water improvements. (Subtask request: $2,000) e. Delete the proposed sanitary sewer replacement in Bay Avenue East from the plans. (Subtask request: $701) f. Prepare a salvage plan for the existing palm trees in the Balboa Pier Parking Lot. (Subtask request: $1,200) g. Shift the two parallel parking stall in front of the Pharmacy on Balboa Blvd. (Subtask request: $1,897) MA2NEW060300\Admin \Change Order\010412 Amemdment 5 Exhibit A 0411011.do PSOMAS h. Revise landscape and hardscape design to accommodate changed parking on Balboa Blvd in front of pharmacy, driveway at Palm St, modified utility locations at restroom, planter at north end of Washington St to accommodate gas emission, relocate tree wells and planting areas between Adams and Palm on Balboa Blvd. (Subtask request: $3,100) i. Add trees to the Balboa Pier Parking Lot. The original design included removal of all trees within the interior of the Pier Parking Lot. Based on Council and community comments, trees will be installed within the parking lot interior in a geometric pattern that will not interfere with the new parking layout. The demolition and improvement plans, as well as the hardscape, planting and irrigation designs shall be revised to accommodate the change. (Subtask request: $3,336) j. Reduce tree well sizes on Balboa Blvd. and adjust paving patterns and hardscape plans to accommodate these changes. (Subtask request: $7,764) k. Design decorative elements for the meandering wall and conical pilasters along the Oceanfront boardwalk. Design to include footings and wall cap. Also, at the direction of the City, revise Pier Plaza geometry and decorative pilasters. (Subtask request: $3,375) I. Provide concept to provide trellises and vines for the area on Washington Street north of Bay Avenue. Provide a planting concept for the landscape area at the north end of Washington Street in order to accommodate the odor vent 'mast'. (Subtask request: $2,000) m. Modify the loop detector in Balboa Blvd. at Main Street due to changes in the street geometry. (Subtask request: $1,650) n. Redesign the intersection between Main Street and Bay Avenue to construct Main Street north of Balboa Boulevard in Phase 2 rather than in Phase 3. The existing design is based upon a different phasing sequence. Because the finish elevations of the existing and proposed improvements are not identical at the new match line, the design shall be modified and a transition detail shall be created. (Subtask request: $1,200) o. Revise Balboa Boulevard improvements between Alley 220 (East of Main Street) and A Street to construct this section in Phase 2 rather than Phase 1. The design of the project is somewhat dependent on how the project is phased. The City has indicated that some elements of the project initially planned in Phase 1 may be moved to later phases. This will require some adjustment to the street details at the interface between phases, changes in the traffic control plans, street light design and circuitry, and irrigation drawings. (Subtask request: $2,695) Task 5 Additional Field Survey (Task 5 Request: $1,550) Additional survey is required beyond the right -of -way on Palm Street in order to design a driveway and two alley access - points to ADA standards. MA2NEW060300\Admin \Change Order\010412 Amemdment 5 Exhibit A 0411011.doc P S O M A S Task 6 Optional Task: Change the Main Street Tree Wells (Task 6 Allocation: $20,000) If requested, Psomas shall attend meetings to discuss the changing tree wells from 3'x3' to 4'x6'. This change may include adjusting tree locations on Main Street, revising the demolition plan, revising stationing, relocating street furniture, relocating street lights, revising streetscape patterns, providing specifications for tree grates, and revising the cost estimate. Prior to proceeding on this task, Psomas will obtain written authorization from the City. Task 7 Contingency (Task 7 Request: $10,000) Because of the complexity of the project, it would be prudent to assume that the City will want to make additional changes based on review by city staff and community comments. Psomas suggests that a design contingency be included with this change order. This contingency would not be used unless authorized by the City. Task 8 Project Planning and Coordination (Task 8 Request: $10,480) The original Psomas budget for Project Management addressed the coordination anticipated for the original scope of work. The design elements of the Balboa Village evolved over the course of the project in response to discussions and meetings by the Psomas team with City staff, the City Council, representatives of various businesses in the village, and other City consultants. Because the scope of the project changed as the improvement plans were being developed, substantial coordination efforts and costs have resulted. Initiating project changes involves researching design options, considering alternative design concepts, discussing and evaluating design suggestions by city staff, documenting the process, and distributing information to the city, consultants and other interested parties. These preparation efforts are not covered within specific design tasks. Additional costs have also resulted from ascertaining the impact of the proposed changes on the construction drawings and coordinating the added work with Psomas' subconsultants, City staff and other City consultants. In addition, there has been a significant effort by Psomas' Project Manager to prepare change orders in response to the City's requests for additional items of work. Psomas has developed cost estimates to provide additional requested services. This task involves developing a conceptual design, making site visits, calling sub - consultant or vendors for research, confirming assumptions and design parameters with city staff, developing labor hours, reproduction costs and MA2NEW060300Wdmin \Chan9e Order\010412 Amemdment 5 Exhibit A 0411011.dm P S O M A S other costs, and listing assumptions. The City has implemented about half of the options that they have requested Psomas to develop. Finally, the project planning that is running concurrently with the design has stretched out the design schedule which does impact the project budget by adding meetings and coordination time. This requested task budget would this period through the end of June. Task 9 Reproduction: (Task 9 Request: $2,000) This task will provide a supplement to the reimbursables budget to accommodate the extra plan sets and documents that have been produced to support the ongoing design effort as well as the anticipated revisions to complete the construction documents. Total Fee Request for Amendment 5: $107,905 MA2NEW060300\Admin \Change OrdeAO10412 Amemdment 5 Exhibit A 0411011.doc 1 • • BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 4 TO�' PROFESSIONAL SERVICES j AGREEMENT, entered into this L07'11 day of (36//'/. 61& 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improvement Project, hereinafter referred to as "PROJECT'. B. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 4 ", as provided herebelow. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 4 according to "Exhibit A" dated 12/14/00 attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 4 shall not exceed eighty -nine thousand three hundred ninety -six dollars ($89,396). 0 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 4 on the date first above written. APPROVED AS TO FORM: L"-�— City Attorney ATTEST: /i City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: �j� Z. 1%4---, City Manager Psomas C BY: fAusers \pbw\shared \balboa village \agreements \psomas\amendment 2 091900.doc 0 BALBOA VILLAGE IMPROVEMENT PLAN AMENDMENT NO. 4 - EXHIBIT A December 19, 2000 With PSOMAS 3187 Red Hill Avenue, Suite 250 Costa Mesa, CA 92626 The Balboa Village Improvement Project has been changed to include new planning tasks, new design tasks, and revisions to the originally scoped tasks for the: • Landmark Tower, • Enhancements for Peninsula Park and the Pier Plaza, • Parking along Bay Avenue, • Streetscape pattern drawings and details, • Street tree research, and • Design modifications to the site plan, underground utilities and street design. The tasks are detailed below. Task 1 Balboa Landmark Tower Design Development (Task 1 Request: $6,000) This is a new task. Planning for the Landmark Tower was not included in the original contract. a. Per City direction at the September 29, 2000 meeting, prepare three refined design options for the landmark tower. (Subtask request: $2,000) b. Attend four meetings to review the landmark tower options, present the options to a selection committee and present the streetscape options at a Council study session. (Subtask request: $2,000) c. Coordinate the Landmark Tower design with the street improvement drawings including horizontal control, grading, joins and construction notes. (Subtask request: $2,000) Task 2 Bay Avenue Parking Options (Task 2 Request: $2,500) The following new task was added to the consultant's scope of work in order to help with the City's planning for parking on Bay Avenue and adjacent parking areas. As requested by the City, Prepare six alternative geometric layouts for Bay Avenue including testing bus and fire truck templates at Bay Avenue access points, adjusting curbs as necessary, and preparing several site plans exhibits City review and approval. \ \MIS_I \SYS \Users \PBW \Shared \Balboa Village \Agreements \Psomas \Amendment4 Exhibit A 121900.doc 0 Task 3 Peninsula Park and Pier Plaza Design Development and Construction Documents (Task 3 request: $13,600) Based on the desire of City Council to provide additional enhancement to Peninsula Park and the pier plaza, Ron Baers prepared a concept drawing in August 2000. This drawing envisions a decorative retaining wall between the pier plaza and the pier parking lot, as well as additional landscaped, planter areas, and seating around the pier plaza and the park. The original scope of work only calls out for replanting of turf and the replacement of the irrigation system within Peninsula Park. The original pier plaza concept did not envision the decorative retaining wall and multiple seating area. This task describes additional items requiring planning, design and coordination. a. Prepare planting and irrigation plans for enhanced landscaping for Peninsula Park adjacent to the pier plaza and along Oceanfront as well as between the pier plaza and the pier parking lot. Coordinate with City staff and attend two meetings. See Attachment B, Task 1a. (Subtask request: $5,000) b. Design Peninsula Park and Pier Plaza Raised Planters. This is an optional task. See Attachment B, Task 1b. (Subtask request: $1,800) c. Prepare Pier Plaza alternative hardscape 'sand -to -sea' pattern. See Attachment B, Task 1c. (Subtask request: $1,800) d. Prepare a design detail for the articulated retaining wall between the pier plaza and the pier parking lot as shown on the concept drawing prepared by Ron Baers. A standard wall will be used. Prepare demolition and construction drawings for the street furniture and other amenities adjacent to the pier plaza wall. Coordinate with City staff and landscape architect. (Subtask request: $5,000) Task 4: 20 -Scale Streetscape Pattern Drawings (Task 4 Request: $23,100) The original scope of work anticipated regular geometric pavement patterns. Additional planning was requested to provide other ideas for the hardscape patterns, street tree locations and the layout of street furniture. Based on the approved layout, streetscape plans will be needed that includes horizontal control for the pavement patterns. These new tasks are outlined below. a. Prepare a 10 -scale composite illustrative landscape plan and color rendering portraying the pavement patterns and street tree concepts including the preliminary design for Peninsula Park and the Pier Plaza. (Subtask request $4,100) b. Prepare 20 -Scale Architectural Horizontal Control plans and typical details to control the construction of hardscape patterns and features proposed by Nuvis throughout Balboa Village. Coordinate with City staff and Nuvis as needed. This task includes: preparing drawings to tie the decorative finish patterns for concrete and AC flatwork to street stations, \ \MIS_I \SYS \Users \PB W\Shamd \Balboa Village \Agreements\Psomas\Amendment 4 Exhibit A 121900.doc 0 0 • locating plant containers, and creating a typical detail for each detailing the common geometry and patterns for the concrete and AC flatwork. Under a previously approved task, Nuvis will define materials and special construction instructions for their proposed architectural treatments and features, and will prepare electronic data detailing the proposed features. Detailing and accommodating all potential permutations and combinations of features is beyond the scope of this task. These drawings are intended as a guide to the contractor for construction of the streetscape patterns, plantings, plant containers and furniture. The City will review and approve the geometric layout prior to initiation of the work. (Subtask request: $19,000) Deliverables: 15 Sheets addressing streets, parking lot, and park including: a. Balboa Boulevard 2 sheets b. Bay Avenue 1 sheet c. Palm Street 1 sheet d. Washington Street 2 sheets e. Main Street 2 sheets f. Oceanfront 2 sheets g. Part of Pier Parking Lot 1 sheet h. Pier Plaza 1 sheet i. Intersections 1 sheet Task 5 Water /Sewer System Design Changes (Task 5 Request: $16,402) The consultant's fee included a budget of $16,960 for the sewer and water design. Based on subsequent field investigations and evaluation of the systems, the City has modified the scope to work to add some lines and delete other lines. The consultant has also been asked to analyze a number of options for the alignments for these underground utilities. These additional tasks and design revisions would be funded under the following subtasks. a. With City Staff, evaluate several alignments for the proposed 16" water main on Balboa Boulevard with regard to water main replacement phasing, Orange County Sanitation District facility constraints and the proposed storm drain system. As directed by City staff, modify the limits of the water system replacement. (Subtask request: $6,316) b. To facilitate the connections to the existing 12 -inch line in Washington Street and 12- inch line east of alley between Washington Street and Main Street, modify the storm drain design to move the junction structure to the south and prepare detailed a design for the water main connections, siphons, and other appurtenances. c. Prepare design drawings for a new 6 -inch water line in Main Street from the alley South of Balboa Boulevard to the Pier. (Subtask request: $2,500) \\ MIS _l \SYS \Users\PBW\Shared\Balboa Village\Agmements\Psoms\A endment4 Exhibit A 121900.doc s • Task 6 Design Custom ADA Driveways (Task 6 Request: $6,600) The original scope of work for street improvement anticipates that driveway approaches will be modified per City Standards. Based on field investigations, the consultant has identified several driveways that will not comply with currently implemented ADA requirements if the current City Standard drawings are used. Per this task, Psomas shall perform all needed survey and shall prepare custom designs (including backup profiles) for seven driveways to meet ADA requirements. Some driveways will extend outside of the ROW. Psomas shall meet on site with City staff as needed to review driveway designs. Task 7 Balboa Boulevard Street Design (Task 7 Request: $5,194) Psomas evaluated six street design options for Balboa Boulevard to prepare a design that balanced drainage requirements, drive - ability, ADA requirements, costs, and pavement preservation criteria. The six street section options analyzed included: a. Variable 8" curb face with superelevated street slope b. Variable 8" curb face with grade break at the centerline c. Variable 6" curb face with grade break at the centerline d. Variable 8" curb face with crown line e. Variable 6" curb face with crown line f Variable 8" curb with crown line, ridge points and catch basins on the north side of the roadway The preferred option (option f) will provide substantial cost savings for the construction of the Balboa Boulevard improvements. Task 8 Design Modifications (Task 8 Request: $16,000) a. After the site plan was finalized, the City requested several design modifications. 80 laborhours are estimated for the revisions. All items include updating the horizontal control tables. (Subtask request: $9,000) i. Revise Balboa Blvd curb returns at "A" Street intersection. ii. Review Balboa Blvd drainage at "A" Street. iii. Revise Balboa Blvd vertical design at Adams Street. iv. Revise Balboa Blvd horizontal & vertical geometry between Adams Street and Palm Street. v. Revise curbs to accommodate parking concerns along Bay Street. vi. Revise Post Office turnout. vii. Revise curb returns at Palm Street. viii.Add the median at "A" Street per the exhibit prepared by the City. ix. Modify the Palm Street parking lot per an exhibit prepared by the City. x. Coordinate with City, Nuvis, Austin -Foust and other subconsultants. \ \MIS_I \SYS \Users \PBW\Shared\Balboa Village \Agreements\Psornas\Amendment 4 Exhibit A 121900.doc 0 b. Prepare demolition and plan and profile drawings for Palm Street improvements from Edgewater to Ocean Front. (Subtask request: $5,000) c. Modify construction documents to allow for the storm drain to the pier parking lot to be constructed as a future project. Modify the grading plan for the parking lot accordingly. (Subtask request: $2,000) Total Fee Request for Amendment 4: $ 89,396 \\MIS_1 \SYS \Users \PB W\Shared \Balboa Village \Agreements\Psomas\Amendment 4 Exhibit A 121900.dm ATr�c�ga7- Date: November 28, 2000 To: Neil Gillis, PSOMAS 714 -545 -8883 Bob Stein, City of Newport Beach 949 -644 -3308 From: Leslee Temple, NUV r- Re: Proposal for Supplemental Services _ Newport Beach Balboa Village Improvements N -0 V I S Contract No. 3333 (2NEW0603) NUVIS Change Order #5 Request REVISED 11:30AM LANDSCAPE ARCHITECTURE Based on our meeting Monday, November 27, 2000, between Bob Stein, Bob A N D P L A N N I N o Cardoza, Leslee Temple, and Bob Stone, and subsequent phone call on Tuesday, November 28, 2000, NUVIS submits the following revised items as additional and IN N O V A T I V E AND optional services to the original Agreement and Change Orders #1, #2, #3, and #4. RESPONSIBLE DESIGN S 0 L U T 1 0 N S F O R TOTAL REQUEST FOR CHANGE ORDER $30,340. 0 U R E N V I R O N M E N T Change Order Request for Item #la (see below) $12,600. OPTIONAL Change Order Request for Item #lb (see below) $3,600. OPTIONAL Change Order Request for Item #lc (see below)$1,800. Change Order Request for Item #2a (see below) $3,500. Change Order Request for Item #2b deleted Change Order Request for Item #2c (see below) $1,100. Change Order Request for Item #2d (see below) $5,580. Change Order Request for Initial Item #3 $2,160. Change Order Request for Item #3 Each Additional ($1,440.) Broken down as follows: CALIFORNIA 1226 NEVADA 396 la. Peninsuia Park Design Development & Construction Documents. The following are professional services being requested of NUVIS that were not a 3151 AIRWAY AVENUE, SUITE 1.3 'fee. COSTA MESA, CALIFORNIA part o.` The originaiiy anticipated scope of services or U.S.A. 926264640 F X : 7 1 4 . 7 5 4 . 7 3 4 6 Refine hardscape paving patterns on Peninsula Park site plan AutoCAD file as P H: 7 14. 7 S 4. 7 3 11 received from the City of Newport Beach. City's CAD file is an interpretation EMAIL: NUVIS-CM @NUVIS.NET from Ron Baers' plan of October 10, 2000. After approval of the desired pattern, NUVIS will provide PSOMAS with essential, site specific, and detailed street hardscape paving pattern layout in AutoCAD for incorporation into their horizontal control drawings. COSTA MESA, CALIFORNIA SAN RAMON, CALIFORNIA LAS VEGAS, NEVADA CALIFORNIA 1226 NEVADA 396 0 0 Prepare planting (trees, shrubs, and groundcovers) and irrigation construction documents in addition to coordinating with City staff and attending two (2) meetings as described in Amendment No. 3 - ExhibitA, Task #5. This request is supplemental to the original agreement which included turf specifications and large turf irrigation design. The additional compensation is based on the extensive perimeter landscape plantings as portrayed in Ron Baers' conceptual plan as prepared for the October 10, 2000, composite plan (see herewith). Includes approximately 140 hours of drafting and principal design and quality control oversight time broken down in the following manner: Thirty (30) hours Hardscape Refinement Thirty (30) hours Irrigation Design Eighty (80) hours Planting Design If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Item #1a $12,600. lb. Peninsula Park and Pier Plaza - Raised Planter Refinement The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Refine design of raised planters /seat walls and scalloped seating areas and there interface with hardscape and lawn areas as interpreted by the City from Ron Baers' plan of October 10, 2000, and provided through an Auto CAD file (see reduction herewith) from the City of Newport Beach. If this proposal /fee and then design is accepted, NOVIS will provide PSOMAS with essential, site specific, and detailed street hardscape pattern layout in AutoCAD for incorporation into their horizontal control drawings. Includes approximately forty (40) hours of drafting and principal design and quality control oversight time. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Optional Change Order Request for Item #lb $3,600. lc. Pier Plaza Hardscape. The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. 0 0 Provide hardscape alternative designs to reflect the desired sand & sea pattern for pier plaza to properly coordinate consistency with the hardscape paving patterns as have been accepted for the rest of the village area. After approval of the desired pattern, NUVIS will provide PSOMAS with essential, site specific, and detailed street hardscape paving pattern layout in AutoCAD for incorporation into their horizontal control drawings. Includes approximately twenty (20) hours of drafting and principal design and quality control oversight time. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Optional Change Order Request for Item #lc $1,800. 2a. Additional Landscaping and Streetscane Design - Restroom Plaza. The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Based on concept drawing prepared by Ron Baers, prepare construction drawings and specifications for the restroom plaza including design for the hardscape, landscaping, and street furniture in addition to coordinating with Ron Yeo and the Public Works and General Services Departments as described in Amendment No. 3 - Exhibit A, Task #9. Includes approximately thirty-eight (38) hours of drafting and principal design and quality control oversight time. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Item #2a $3,500. r. .. TOM, OU .111. . .� 111''plil 2c. Additional Landscaping and Streetscaoe Design - Street Tree Matrix The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Review the nine (9) candidates for possible re- designation as the new street tree for Main Street and Balboa Boulevard and discuss such documentation at a City meeting. Prepare a matrix to evaluate each candidate tree as described in Amendment No. 3 - Exhibit A, Task #9. 11 0 Includes approximately twelve (12) hours of drafting and principal design and quality control oversight time. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Item #2c $1,100. 2d. Additional Landscaping and Streetscape Design - Balboa Landmark Tower. The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Provide hardscape designs and site furniture /amenities including but not limited to benches, mailboxes, newspaper stands, bike racks, litter receptacles, planters, signage, pedestrian level lighting, public art, and banners for the landmark clocktower area to properly coordinate consistency with the hardscape paving patterns as have been accepted for the rest of the village area. Includes coordination/ meetings regarding (1) handicap access ramp and utility locations with PSOMAS and (2) location of columns on the structure with Ron Yeo, FAIR. After approval of the desired pattern, NUVIS will provide PSOMAS with essential, site specific, and detailed street hardscape pattern layout in AutoCAD for incorporation into their horizontal control drawings. Prepare planting and irrigation construction drawings for the Balboa Landmark Tower area and the Palm Street parking lot medians as described in Amendment No. 3 - Exhibit A, Task #9. Includes approximately sixty-two (62) hours of drafting and principal design and quality control oversight time broken down in the following manner: Thirty (30) hours Hardscape Refinement Thirty-two (32) hours Planting and Irrigation Design If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Item #2d $5,580. 3. Statement of Probable Construction Cost for Peninsula Park and Pier Plaza The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Prepare a statement of probable construction cost for Ron Beers' conceptual plan as prepared for the October 10, 2000, composite plan, as annotated with City's implementation assumptions marked on the plan by Bob Stein and information on proposed site amenities as submitted to NUVIS by Marcey Lomelli. Includes approximately twenty-four (24) hours for initial takeoff and cost statement preparation drafting, administration, and principal design and quality control oversight time and sixteen (16) hours of same for each additional revision to initial cost statement If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Initial Item #3 $2,160. Change Order Request for Item #3 Each Additional $1,440. Please note that it would be our preference to not commence these professional services until written authorization has been received through PSOMAS by NUVIS. Please do not hesitate to call me at your convenience should you need further clarification or information. 5 DEC.19.2000 6:24RM N0.152 P.6/7 I R ON BAERS" 10-10-00 PLAN 9 I DEC.19.2000 6:25RM . +p. _. -( /k i I " PEMISULA PARK CITY'S AUTOCAD FILE arT I _ i .......... .. . N0.152 P.7/7( ' r a I I IIII ' r � I � I .\ -a I AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this Ori day of , 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On May 23, 2000, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for final design and construction support services for the Balboa Village Improvement Project, hereinafter referred to as "PROJECT'. B. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. C. Additionally, CITY desires to modify a task in the Professional Service Agreement by reducing the scope of the task with a corresponding reduction in the compensation to CONSULTANT for that task. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided herebelow. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit B" dated 6/21/00 attached hereto. 'v 0 0 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed twenty thousand dollars ($20,000). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: Ity Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corpforratitior� BY: j Public Works Director Psomas BY: Principal f: \users \pbw\shared \balboa village\agreementslpsomas \amendment 1 062100.doc • Balboa Village Improvement Plan AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS EXHIBIT B June 21, 2000 Prepare a conceptual detailed exhibit for Balboa Boulevard from Washington Street to Main Street depicting location and species of proposed plant materials, selection and location of street furniture, i.e. tree grates, mailboxes, newspaper stands bike racks, planters, benches, litter receptacles, bollards, signage, pedestrian level lighting, public art, and banner poles. Deliverables shall include a plan view of improvements, an image board showing specific furniture proposed and a rendered sketch showing an eye level perspective. Coordinate closely with Bob Stein, Marcy Lomeli, Tod Ridgeway, and Ron Baers during preparation of the exhibit. Use the hardscape materials, colors, pattern selected by the city. 2. Make two presentations of the concept exhibit: one meeting with City staff and another meeting with a merchants association. 3. Based on comments at these meetings, prepare a design development plan suitable for use in the preparation of final construction documents. For Items 1 through 3 above, the time and materials not -to- exceed budget is $30,000.00 (thirty thousand dollars). 4. Based on final decisions now reached as to materials to be used in the hardscape, modify the task described in Exhibit "A" in the May 4, 2000 supplement to the original agreement as follows: "As requested, attend City staff meetings, City Council meetings, commission meetings, and community meetings." Reduce the budget for this task by $10,000 from $14,995 to a new time and materials not -to- exceed budget of $4,995 (four thousand nine hundred ninety -five dollars). The net compensation for Amendment No. 1 (Items 1 through 4 above) to Professional Services Agreement is therefore $20,000.00 (twenty thousand dollars). F:\Usen\PBW\Shared\BalboaVillage\Agrecn nts\Psomas\Amendment 1 Attachment A 062100.doc C - 333 3 t PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 434 day of �, 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (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 the Balboa Village Improvement Project (`Project'). C. City desires to engage Consultant to prepare Project plans upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for the purpose of preparing the Project construction documents are Gary Dysart and Neil Gillis. 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 -1- parties as follows: 1. TERM The term of this Agreement shall commence on the 24th day of May 2000, and shall terminate on the 31St day of December 2000, 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 four hundred ninety -three thousand one hundred thirty-six dollars ($493,136). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed by task, 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 days of receipt of invoice subject to the approval of City and based upon completed tasks shown in Exhibit "A ". The monthly invoice shall be accompanied by a progress report summarizing work performed in the last period, estimated progress and proposed work -2- for the following period. 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 reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under 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 -3- 0 • 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 disaIvernmental rove Consultant's work promptly, or delay or faulty performance by City, ntractors co, or agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retair s 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 Ci�y. Consultant shall have the responsibility for and control over the details in means of perl[orming the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. -4- 0 0 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 the 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 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 his duly authorized M designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of 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 -7- 0 0 policies shall add City, its elected officials, officers, designated agents, designated representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City Risk Manager. A. 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 one million dollars ($1,000,000) 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 one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice or except 10 days notice 91 0 of cancellation for non - payment of premium has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. in 0 0 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: 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 -10- 0 0 entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide final drawings from mylars prepared by Consultant and reproduce final specifications. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 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 -11- 0 0 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 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 Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the 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 -12- affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Stein, P.E. City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 6BE 0 E All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Psomas 3187 Redhill, Suite 250 Costa Mesa, CA 92626 Attention: Neil Gillis, Project Manager (714) 751 -7373 Fax (714) 545 -8883 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the 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. MEN 0 28. WAIVER 0 A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. 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; -15- E or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 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. -16- • APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney AT LIM LaVonne Harkless City Clerk E CITY OF NEWPORT BEACH A Municipal Corporation a CONSULTANT MIG U-9 f: \users\pbw\shared\agreements \fy 99- 00\balboa village streetscape agreement- final.doc 05109/2000 11:24 AM -17- The Psomas team includes the full range of engineering, landscape/ streetscape, traffic, and environmental expertise needed to develop detailed design parameters for the project. Confirmation of the work plan by City staff will allow the Psomas team to identify physical and finan- cial constraints that will establish the detailed design parameters govern- ing the project. 4. Confirming CADD format, layering and GIS attribute requirements for construction documents. Early meetings with the City will allow the Psomas team to confirm City CADD format and layering requirements. Psomas has extensive experi- ence creating and implementing CADD formatting and layering stan- dards and is ready to incorporate City requirements in our construction drawings. Psomas is also ready to supplement City requirements with our extensive knowledge of the CADD environment. 5. Recommending construction materials. The proposed project includes both engineering and streetscape/land- scape components. The materials specified for typical civil improve- ments will meet City standards and the standard of care for the industry. In the absence of City requirements, suggestions for streetscape, land- scape and more esoteric construction materials will be submitted for City review and approval prior to inclusion in the final plans and specifications. 6. Providing a detailed program for the field survey. Survey control shall be established using the County's GPS coordinate system. The primary concern in the surveying task will be to provide adequate and accurate data for the other design tasks. This will be accomplished The P S O M A S Team rM _)o EXHIBIT "A" Scope of Work o� e U 2' �4,cowN'r i PRE - DESIGN TASKS Pre - Design Services include the following Task items: 1. Reviewing and commenting on the conceptual studies previously prepared for this project. The Psomas team will meet with City staff to collect studies previously prepared for this project. All studies will be reviewed by the appropriate team members to develop a work plan and to provide the City with comments on the studies, as appropriate. 2. Confirming project requirements. The work plan developed by the Psomas team (see Task 1, above) will be provided to the City to facilitate meetings and discussions. Meeting with the City will allow the Psomas team to confirm that our understanding of project requirements corresponds to the City's goals and objectives. 3. Developing the detailed design parameters for the project. The Psomas team includes the full range of engineering, landscape/ streetscape, traffic, and environmental expertise needed to develop detailed design parameters for the project. Confirmation of the work plan by City staff will allow the Psomas team to identify physical and finan- cial constraints that will establish the detailed design parameters govern- ing the project. 4. Confirming CADD format, layering and GIS attribute requirements for construction documents. Early meetings with the City will allow the Psomas team to confirm City CADD format and layering requirements. Psomas has extensive experi- ence creating and implementing CADD formatting and layering stan- dards and is ready to incorporate City requirements in our construction drawings. Psomas is also ready to supplement City requirements with our extensive knowledge of the CADD environment. 5. Recommending construction materials. The proposed project includes both engineering and streetscape/land- scape components. The materials specified for typical civil improve- ments will meet City standards and the standard of care for the industry. In the absence of City requirements, suggestions for streetscape, land- scape and more esoteric construction materials will be submitted for City review and approval prior to inclusion in the final plans and specifications. 6. Providing a detailed program for the field survey. Survey control shall be established using the County's GPS coordinate system. The primary concern in the surveying task will be to provide adequate and accurate data for the other design tasks. This will be accomplished The P S O M A S Team rM _)o P�W�?r 0 0 Scope of Work e U+ _ c �� � <iFOMN using a variety of techniques including conventional ground topography with total station instruments, GPS surveying and aerial photogrammetry for base planimetrics. The surveying task will occur early in the design phase of the project and consist of multiple discrete sub - tasks. Most of the surveying sub -tasks will be scheduled concurrently with some of the design tasks and other surveying sub -tasks in order to compress the project schedule. An extensive list of individual sub -tasks is included in the survey program described in Appendix. B. 7. Confirming locations and performing four borings for the proposed storm drain system (ten feet below ground surface (bgs)) and ten corings (two feet bgs) within the streets). A geotechnical investigation program will be implemented when the sewer and storm drain alignments are more accurately established. A detailed description of the geotechnical program is presented in Appen- dix E. When individuals perform borings, corings, and potholing, they must set reference points that can later be surveyed. The reference points must include horizontal and vertical ties to the utility line located. After survey, the reference point will used to develop the horizontal and vertical data information being presented on the improvement plans. 8. Providing recommendations for conducting an odor survey and conducting an odor control survey. Environmental Support Technologies, Inc. will provide expertise in identifying and locating the source(s) of offensive odors typically en- countered on Washington Street in the vicinity of Bay Street and Edgewater. A detailed description of their technical approach to identify- ing and mitigating this problem is presented in the Appendix F of this proposal. 9. Preparing a preliminary construction cost estimate. After the site plan has been developed, the Psomas team will work with City staff to clarify and itemize the full range of tasks included in the project. A preliminary estimate of probable construction costs, based upon the identified work tasks, will be prepared for review by the City. 10. Coordinating with Orange County Sanitation District (OCSD) in its planning for pump station modifications. During the preliminary engineering phase, improvements to the sewer system will be developed. As sewer design progresses, pertinent data will be shared with the OCSD and potential modifications will be identified by that agency. The P S O M A S Team , -z Scope of Work U en. C'�11G00.N�� 11. Coordinating with the Consultant who is designing the Washington Street restroom. Psomas will initiate contact and coordinate sewer and water service laterals to the Washington Street restroom when the consultant designing the improvements is identified by the City. DESIGN TASKS Design services include the following Task items: 1. Surveying the project site and preparing a fully dimensioned draw- ing. The Consultant shall use his expertise in determining the level of survey required for this project. The survey shall be tailored such that: a. the project drains properly, b. all proposed improvements properly join existing features, and c. enough information is available to review the proposed design and to accurately calculate quantities. Because the area is very flat, as a minimum, survey information along the streets should be provided every 50 feet. Additional survey will be required at all critical areas. A complete description of the surveying efforts proposed for this project is included in Appendix B. Due to the difficult constraints imposed by the site, both photogrammetry and ground survey efforts will be em- ployed by Psomas. The primary concern in the surveying task will be to provide adequate and accurate data for the other design tasks. The surveying effort will occur early in the design phase and it will be focused by discussions with City staff to correctly identify areas of concern. 2. Preparing a fully dimensioned site plan along with recommendations for project geometries. Psomas will prepare a fully dimensioned site plan, utilizing photogram- metry and planimetric survey data. The Psomas team will meet with City staff to discuss redline concept plans to insure that all critical elements of the project are addressed and controlled. Project geometries will include proposed street lane widths, turn lane configurations, sidewalk widths, and ADA accessibility issues, along with parking lot, Peninsula Park and Pier Plaza geometries. The Psomas team will take the lead in identifying and locating under- ground utilities. During development of the site plan, preliminary alignments of the various underground systems will be prepared. Based upon research at the City and at the appropriate agencies, a potholing plan will be developed to identify and locate existing underground systems. The City will be responsible for potholing sewer, water, storm The PSOMAS Team 1 -3 d� U9 Gc.aoa�S 0 Scope of Work drain and street light utilities. Other underground utilities must be located by their respective owners. 3. Identifying right -of -way and property acquisition and preparing legal descriptions and exhibits for these areas. Assume two legal descriptions. After proposed street improvements are geometrically defined and approved by City staff, Psomas Survey will work with City staff to identify right -of -way requirements and determine where property must be acquired to facilitate construction of the proposed improvements. As required by the RFP, this proposal is based upon two legal descriptions. 4. Preparing exhibits required by the City for submittal fora Coastal Development Permit. Per discussions with City staff at the Pre - proposal meeting, the exhibits required for the Coastal Development Permit are the completed Improve- ment Plans. Close coordination of the Psomas team with City staff, continuous attention to achieving scheduled milestones, and appropriate staffing assignments will ensure that the submittal package is completed in time for the January 2, 2001 submittal to the California Coastal Commission. 5. Preparing exhibits and providing information required by the City of Newport Beach for preparation of the environmental documents. Again, per discussions with City staff at the Pre - proposal meeting, the City will require a site plan to obtain an environmental Negative Decla- ration. The site plan described by Task 2 of the Design Tasks section will be created to allow its use in the submittal package. 6. Coordinating with the OCSD in its redesign of the pump station and sewer mains on Balboa Boulevard at A Street. As described in Task 10 of the Pre - Design Tasks of this proposal, the Psomas team will contact the OCSD while the sewer plans are being developed. Progress plans and calculations will be provided to the agency at all submittal milestones. They will also be provided when the systems designers are confident that critical components are properly defined. 7. Preparing drawings showing demolition (and protection) of streets, parking lots, utilities, trees and other landscaping. After survey is completed and the site plan is developed, ultimate improvement requirements will be finalized by City staff. When the ultimate improvements are defined, a demolition plan will be created to identify the disposition of all known improvements within the limits of the proposed work. The P S O M A S Team 14 ,73 e a 6 r The PSOMAS Team 0 Scope of Work 8. Preparing plan and profile drawings for roadway improvements. Street improvements shall include interlocking-paver intersections, special paving materials for the roadways and sidewalks, and the addition of street furniture. Utilizing the survey data collected by Psomas, 40 -Scale plan and profile drawings of the proposed street improvements will be prepared. 20 -scale details will be created for areas incompatible with the proposed 40 -scale plans. Construction and material details for special paving materials will be provided in accordance with the requirements of the City and it's urban planner. ADA site accessibility solutions created with City staff will be included on these plans. Nuvis will prepare streetscape improve- ment plans after consultation with City staff to confirm project require- ments. A more detailed description of Nuvis' efforts is presented in Appendix C. 9. Preparing drawings for signage and striping. Signing and striping plans will be based upon the recommended project geometrics created in Task 2 of the design phase. Austin -Foust will prepare these plans in accordance with City standards and requirements. 10. Preparing drawings for the Balboa Pier parking lot including ticket booth with utilities and automatic entrance gate. Quarter -foot contours shall be shown. Both parking lot geometry and drainage are critical issues that need to be carefully considered. Final Balboa Pier parking lot geometrics will be studied by Austin -Foust and discussed with City staff prior to the cre- ation of improvement plans. A more detailed description ofAustin- Foust's activities is presented in Appendix D. Psomas, along with Diaz - Yourman, will investigate alternate drainage solutions for the parking lot and confer with City staff to improve the drainage situation in the lot. 11. Preparing drawings for the reconstruction of the Balboa Pier Plaza including the exit from the A Street parking lot. The Balboa Pier Plaza is a focal point for improvements around the pier. Providing an outlet from the A Street parking lot will result in major traffic circulation improvements. The Psomas team will work closely with City staff to insure that these critical improvements are successfully developed and implemented. Nuvis is a the focal point of aesthetic improvements on the Psomas team and will be participating in early meetings with City staff to ensure their efforts are focused on the City's requirements. A more detailed description of their efforts is contained in Appendix C. Additional Task: During the Pre - proposal meeting, the City indicated that a timber pile retaining wall at the Balboa Pier must be replaced by a concrete wall. 1 -s ay Scope of Work o� o 6 1' C � 1<I C0 /0.N I 12. Preparing plan and profile drawings for the storm drain system. The consultant shall provide the backup calculations for sizing the catch basins and storm drain lines. The P S O M A S Team The lack of significant topography in the Balboa Village area, coupled with extensive development in the area, causes an ongoing problem with drainage throughout the village. After existing topography is defined by the site survey, a hydrology study will be performed and a drainage system designed in accordance with the basic geometry presented by Attachment 3 of the City RFP. The goal of the drainage system will be to control surface runoff to the greatest extent possible within existing physical and financial constraints. As with other design tasks, City staff will be involved in reviewing and approving proposed improvements prior to preparation of final improvement plans. Initial work will include investigating improvements to the Pier parking lot drainage for review and approval by City staff. Non - traditional solutions, including porous paving, will be considered to alleviate runoff problems. Additional Task: A Notice of Intent (NOI) must be filed with the State Water Resources Control Board for the construction activities associated with this project. In conjunction with the NOI, a Storm Water Pollution Prevention Plan (SWPPP) must be developed to identify, control, reduce and /or eliminate sediment and other pollutants in storm water from the construction site. This effort is actually associated with all of the various constructed improvements but we have chosen to include the work within this task number as an accounting convenience. The work effort includes water sampling, laboratory testing, and analysis and reporting (listed in Appendix E — Diaz - Yourman as optional items 2A, 3A and 4A) 13. Preparing plan (and profile for lines larger than 10 -inch diameter) drawings for water main and service replacement (Attachment 5). A number of water mains and service laterals are being replaced by this project. A thorough review of City records and a well defined potholing program will identify and locate existing facilities. The basic configura- tion of the replacement facilities will conform with Attachment 5 of the City RFP. The City has indicated that existing systems are adequate but that the other work proposed by this project provide an opportunity to alleviate potential problems with a new system. An updated capacity and analysis study of the system is not necessary at this time. 14. Preparing plan and profile drawings for sewer main replacement (Attachment 5). As with Task 13, a number of sewer lines and laterals are being replaced by this project. Again, a thorough review of City records and a well - defined potholing program will identify and locate existing facilities. The basic configuration of the replacement facilities will conform with Attachment 5 of the City RFP, with the addition of a replacement lateral M1 ,j Qa�W�RT 0 O 9 U, r Gt /FOPM \� 0 Scope of Work for the restroom on Washington Street just south of Bay Avenue. The existing sewer system is aging and the other work proposed by this project provide the City with an opportunity to replace potential prob- lems with a new system. Because the replacement system must operate by gravity, there are tight geometric constraints and potential interference's from existing underground installations. Therefore, replacement components must be installed adjacent to the existing system and prior to it's demolition. An updated capacity and analysis study of the system is not necessary at this time. 15. Preparing street lighting drawings including the new conduit and conductor runs shown in Attachment 4. There will be special lighting treatment at the end of Washington Street at Edgewater as well as other special lighting as indicated on the attached Village exhibit. Special lighting treatments will be coordinated by Nuvis with City staff and the City's urban planner. After system components are identified, Austin -Foust will propose light locations and spacing to provide ad- equate lighting levels in accordance with City requirements. City staff and the design team will work together to finalize light locations prior to the preparation of final construction drawings. 16. Preparing drawings for parking lot lighting at the Balboa Pier Parking Lot. Lighting will include overhead lighting and interior pedestrian level lighting. Special lighting treatments in the Balboa Pier Parking Lot will be coordinated by Nuvis with City staff and the City's urban planner. After system components are identified, Austin -Foust will propose light locations and spacing to provide adequate lighting levels in accordance with City requirements. City staff and the design team will work together to finalize light locations prior to the preparation of final construction drawings. 17. Preparing traffic signal modification drawings for the intersection of Balboa Boulevard and Palm Street. Austin -Foust will prepare traffic signal modification plans for the intersection of Balboa Boulevard and Palm Street. The proposed modifi- cations must be compatible with the project geometries approved by City staff. Coordination of this task with other project components is critical because existing conditions already restrict traffic circulation and disruptions caused by construction will aggravate an already tenuous condition. 18. Preparing detailed planting and irrigation drawings. This project includes the addition of numerous palm and other box trees. Consult- The P S O M A S Team ,_r ;?6 ?�W�R2. • 0 Scope of Work o� a C7CIFp P�J ant shall coordinate with the City's urban forester in identifying tree removals within the project limits. Nuvis will be working with City staffto prepare detailed planting and irrigation drawings. Planting and irrigation concepts will be reviewed by the City prior to the preparation of construction drawings. All tree removals will be coordinated the City's urban forester before demolition plans are prepared by the Psomas team. 19. Preparing an odor control plan for the intersection of Bay Avenue and Washington Street. Environmental Support Technologies (EST) will be investigating the odor problem and working with City staff to determine an acceptable approach to solving the odor problem along Washington Street, espe- cially in the vicinity of Edgewater. An extensive description of the work effort and tasks proposed by EST is presented in Appendix F. 20. Research piping and electrical requirements for two future fountains and show piping and electrical stubouts on improvement drawings. The Psomas team will work with the City to identify future piping and electrical requirements for the two fountains identified in the Balboa Village Implementation Plan. One fountain will be located on Washing- ton Street between Bay Avenue and Edgewater, the other will be located in the Balboa Pier Plaza. Stubouts for electrical and water service to the ultimate locations will be included on the appropriate plans in the improvement package. 21. Research electrical requirements for a future clock tower at the intersection of Balboa Boulevard and Palm Street and show conduit on improvement drawings. The Psomas team will work with the City to identify future electrical requirements for the clock tower identified in the Balboa Village Imple- mentation Plan. The clock tower will be located at the northeast comer of Balboa Boulevard and Palm Street. Stubouts for electrical and service to this location will be included on the appropriate landscaping/ streetscape plans in the improvement package. 22. Preparing concept -level detour and traffic control drawings to guide contractor's preparation of final traffic control drawings. The traffic control drawings shall be prepared using the "WATCH" handbook as a guideline. The concept drawings shall show: • how traffic service for homeowners and business owners will be maintained, ` the contractor's staging area for equipment and materials, • alternative parking areas for public use, and • access for emergency vehicles during construction. The P S O M A S Team 1-8 2 ,)9 ?EW��. 0 0 Scope of Work o� m 6 x c*i.aoa�S All of the major civil components of this project (street improvements, storm drain, sewer, water) will disrupt traffic circulation in an already difficult situation. Using the WATCH Handbook, Austin -Foust will work closely with City staff to create concept level detour and traffic control drawings to minimize negative impacts to the existing situation. At least one lane of vehicular traffic will be maintained in each direction of Balboa Blvd. during the project. Access for emergency vehicles will be maintained at all times during the construction project. 23. Preparing detailed written special provisions, bid documents, quan- tity estimates and cost estimates. The construction documents shall be formatted to allow for the project to be awarded in two phases. Project documents will be prepared with an eye to simplifying the creation of individual bid packages for the two phases described in the City RFP. A more complete description of Phase 1 and Phase 2 tasks is presented in Appendix A. The Phase 1 improvement package (Plans, Specifications, Schedule of Work and Bid Items) will be organized as a single construction project. Phase 2 Construction Drawings, the Specifi- cation, and the Schedule of Work and Bid Items will be organized to allow individual improvements to be independently bid. This will allow the City to package individual components separately and in combina- tion with each other as priorities are established. 24. Attending City Council and California Coastal Commission meet- ings if requested by the City. Assume four meetings. The Psomas team will be available to attend up to four City Council and California Coastal Commission meetings as requested by the City. CONSTRUCTION ENGINEERING ASSISTANCE When requested by the City, the Consultant shall be available for the following: 1. Attending pre -bid and pre- construction meetings The Psomas team will be available to attend pre -bid and pre- construction meetings. 2. Reviewing shop drawings and other submittals. Shop drawings and other submittals will be reviewed by the appropriate members of the Psomas team. 3. Monitoring construction progress, advising the City with respect to the contractor's general conformance to drawings and specifications, visiting the site, and making field recommendations. The Psomas team will coordinate site visits with City staff to monitor construction progress. Evidence of non- conformance to project drawings and specifications will be brought to the attention of the Citv. Field recommendations will be provided at the request of City staff for issues within the expertise of the Psomas team. The P S O M A S Team 1.9 Scope of Work a� s 6 � s �r Gcrroaa / 4. Revising the drawings and /or Special Provisions. The PS OMAS Team The construction drawings and /or Special Provisions will be revised when necessary to accommodate changes caused by unforeseen field conditions and City requirements. The Psomas team will provide the City with timely documentation of additional fees to expedite the processing of change orders needed to prevent delay of construction operations. 5. Preparing addenda to the specifications. Addenda to the specification will be revised when necessary to accom- modate changes caused by unforeseen field conditions and City require- ments. The Psomas team will provide the City with timely documenta- tion of additional fees to expedite the processing of change orders needed to prevent delay of construction operations. 6. Preparing "as- built" drawings. The Psomas team will prepare Record Drawings based upon records and redlined construction plans prepared /maintained by the Contractor and City staff during construction. These services are available but not included in this Scope. if deemed necessary, an additional fee will be negotiated. Psomas 1. City will provide atlas maps for existing underground City owned facilities (sewer, water, storm drain). 2. Utility potholing will be the responsibility of the City and/or the individual Utility Agencies. 3. Design of off -site improvements. 4. Agency fees (plan check and permitting) 5. Utility company design, application and service fees 6. Subdivision mapping and lot line adjustments 7. Special graphics / colored exhibits 8. Capacity design for sewer and water lines 9. Fire flow test and calculations 10. Traffic counts 11. Post Construction Water Quality Management Plan (WQMP) 12. Entitlement Support 13. Off -site Hydrology and Hydraulic studies 14. Construction Management 15. Legal Descriptions and Exhibits 16. Construction Staking 17. Costs of City ordered blueline plan reproduction at times other than standard project submittals and meetings. I-fo d7 C� m ��c�.oaar 0 Scope of Work 18. Extra meetings beyond I California Coastal Commission meeting, 2 City Council meetings, and up to 5 Community meetings before July 5. 19. Redesign caused by unknown site conditions Nuvis 1. Additional project team and agency coordination 2. Council (2), Commission (2), and community meetings (5) 3. Exhibits for Coastal Permit submittals 4. Exhibits for Council, Commission, and community meetings 5. Pedestrian and vehicular hardscape selection 6. Selection and location of street furniture 7. Selection and coordination of designated plants 8. Design development and construction documents for Balboa Pier Plaza. Proposal assumes that the City will provide street furniture and hardscape requirements for construction documents. 9. Construction documents for Washington Street restroom renovation 10. Design development and construction documents for one acre of Peninsula Park. Proposal assumes that the City will provide new hardscape and site amenities, including the bandstand conversion and planting for the one acre parcel. 11. Retain electrical engineer for special light construction documents. Nuvis is available to help with fixture selection and provide com- plete electrical engineering construction documents for specialty lighting. Environmental Support Technologies, Inc. 1. Health Risk Assessment Scope Exclusions: 1. Acoustic engineering and sound reports 2. Archeo /paleo reports and monitoring 3. Shoring calculations and plans 4, Fencing /gates /gate operating mechanisms The P S O M A S Team M1 33 P S O M A S Exhibit "A" Scope of Work and Fees: The City of Newport Beach asked for Supplemental Fees and the Descriptions of Tasks per our discussion on May 4, 2000. Psomas has identified 4 additional tasks: Prepare plans for storm drain extension to Balboa Pier Parking Lot. The storm drain will most likely extend up Washington Street from Balboa Boulevard to the parking lot. A review of the geometry indicates that a lateral will be required to provide full coverage of the lot. Two additional plan sheets will be required to provide this coverage. The additional work required includes: additional detail in the hydrology report; more hydraulic calculations to design catch basins, local depressions, and size pipes; and additional coordination to insure full coverage by potholing, two extra plan and profile sheets. Proposed Fee: $ 11,510 Participate in additional coordination meetings and field visits than originally assumed for the preliminary phase of the work. Field visits by Psomas and City staff will insure that individual details are properly addressed by the Psomas team. We have estimated an extra 50 hours of Project Manager time, along with 10 hours for a Project Engineer and 10 hours for a Project Assistant to prepare minutes of meetings and distribute information to team members. Proposed Fee: $ 8,160 An inventory of traffic control and information signs will be performed. Individual signs will be located by Psomas survey crews and a detailed summary of sign contents will be prepared. Psomas will create an exhibit and summary table of informational and traffic control signs within the Balboa Village area (Balboa Blvd / Oceanfront / Bay Ave. / Edgewater from Adams St. to A St.; Palm St. / Washington St. / Main St. from Balboa Pier / Parking Lot to Edgewater). Psomas will work with Austin -Foust and Nuvis to develop a complete "sign" package for Balboa Village. Traffic Control Signs will be located per the WATCH Manual. Nuvis and City staff will work together to develop a theme for informational signs. The additional work covered by this task addresses Psomas efforts only. Nuvis' scope and fees are presented in their proposal for supplemental work. Proposed Fee: $ 4,038 3/ P S O M A S Exhibit "A" (continued) During the creation of the Odor Control construction documents, Psomas will be responsible for investigating, potholing and locating existing utilities for EST. This will allow EST to prepare improvement plans that can be installed with minimum disruption of existing utilities. This effort will be separate from the effort needed for storm drain, sewer and water facilities because the Odor Control system will not be designed until the preliminary odor control survey and report are complete. Please note that if the Odor Control plans are to be included in Phase 1 of the project, there is a risk that the Phase 1 plans may be delayed because the City will have to approve EST's proposed solutions before the plans can be created. This will necessarily occur after EST's investigation and report have been reviewed and approved by City staff. Proposed Fee: $ 1,213 Supplemental Services Proposed by Nuvis: Provide project team and agency coordination including meetings with City staff, consultants, and field reconnaissance. Attend Council (2), Commission (2) and community group meetings (5). Provide design development information for pedestrian and vehicular hardscape material, color and texture selections for street intersections and pedestrian realm areas in conjunction with City's urban planning consultant. Provide design development information, selection, and location of street furniture and hardscape and associated construction documents for plaza at entrance to Balboa Pier to include parking lot interface in collaboration with City's urban planning consultant's preliminary design. Proposed Fee: $ 14,995 Supplemental Services Proposed by Environmental Support Technologies • See attached description. Proposed Fee: $ 6,260 z� 0 0 REQUEST FOR PROPOSAL March 23, 2000 PROFESSIONAL ENGINEERING SERVICES FOR BALBOA VILLAGE IMPROVEMENT PLAN A. DESCRIPTION AND LOCATION OF PROJECT The Balboa Village Improvement Plan consists of six primary elements and includes: 1. Constructing Balboa Boulevard street and drainage improvements from A Street to Adams Street. 2. Constructing Balboa Village pedestrian and streetscape improvements including the Bay Avenue/Washington Street Parking Lot. 3. Reconstructing the Balboa Pier Parking Lot. 4. Replacing sewer lines, water mains and streetlights. 5. Reconstructing a portion of Peninsula Park. 6. Performing an odor survey in the vicinity of the intersection of Bay Avenue/Washington Street and preparing an odor control plan. In preparation for this project, the City of Newport Beach has prepared preliminary reports and plans which shall be used in the preparation of the construction documents. The reports and plans are described below. The Balboa Village Pedestrian and Streetscape Improvement Plan (Village Plan), prepared by Planning and Urban Design Resources, shows enhanced streetscape improvements for an area roughly bounded by Edgewater, Adams Street, Ocean Front and A Street. It includes street and sidewalk improvements on Balboa Boulevard from Adams Street to A Street, construction of a parking lot on Bay Avenue between Main Street and Palm Street, improvements within a portion of Peninsula Park adjacent to Main Street, improvements to the Balboa Pier plaza, and addition of a driveway egress from the A Street parking lot. Excerpts from the report are shown in Attachment 1 including a schematic of proposed improvements. Austin -Foust Associates has prepared the concept plan for reconstructing the Balboa Pier Parking Lot. A portion of the landscaping enhancements for the parking lot is also shown in the Village Plan. Excerpts from the report are attached including a schematic of the proposed improvements for the parking lot (Attachment 2). The City of Newport Beach has prepared preliminary street improvement plans for Balboa Boulevard from Main Street to Adams Street. The plans also show a proposed storm drain system in Balboa Boulevard and Washington Street that will tie into an existing storm drain system. An exhibit of the proposed storm drain alignment is shown in Attachment 3. R \Users \PBW \Shared \Balboa Village \RFP \RFP 032100.dm 23, 0 0 • New street lights and circuitry will be installed with this project. This will include converting the obsolete 5000 -volt series street light circuits into a new multiple circuit street light system with new poles and conduits (Attachment 4). New conduit will be extended to the lights along Edgewater as part of the series circuit conversion. Also, a lighting system will be installed within the Balboa Pier parking lot. • Sewer and water lines will be replaced. See Attachment 5. All elements of this project will be designed and environmentally cleared as one project. The combined design project will be submitted to the Coastal Commission in one application for Commission approval. The project will be constructed in two phases. Phase 1 consists of the Balboa Pier Parking Lot improvements, the Pier Plaza improvements, the Main Street connection to the A Street Parking Lot, and the Balboa Boulevard improvements. Phase 2 (which could be split into sub - phases depending on funding) would construct streetscape improvements from Ocean Front to Edgewater, as well as Peninsula Park. B. SCOPE OF SERVICES The project improvements include construction or modifications of streets, parking lots (including electric gates and tollbooths), sidewalks, storm drains, sewer, water, street lighting, planting and irrigation, park modification, traffic signal modification, and odor control. In preparation for a future clock tower and two fountains, this project will install the plumbing and electrical conduit for these features. For this project, the Consultant shall be responsible for complete pre- design and design services, as well as construction engineering assistance. As the project will be constructed in at least two phases, construction documents shall be prepared to allow for multiple bid packages. PRE - DESIGN TASKS Pre - Design services include: 1. Reviewing and commenting on the conceptual studies previously prepared for this project. 2. Confirming project requirements. 3. Developing the detailed design parameters for the project. 4. Confirming CADD format, layering and GIS attribute requirements for construction documents. 5. Recommending construction materials. 6. Providing a detailed program for the field survey. Survey control shall be established using the County's GPS coordinate system. 7. Confirming locations and performing four borings for the proposed storm drain system (ten feet below ground surface (bgs)) and ten corings (two feet bgs) within the streets. 8. Providing recommendations for conducting an odor survey and conducting an odor control survey. 9. Preparing a preliminary construction cost estimate. 39 • • 10. Coordinating with Orange County Sanitation District (OCSD) in its planning for pump station modifications. 11. Coordinating with the Consultant who is designing the Washington Street restroom. DESIGN TASKS Design services include: Surveying the project site and preparing a fully dimensioned drawing. The Consultant shall use his expertise in determining the level of survey required for this project. The survey shall be tailored such that: a. the project drains properly, b. all proposed improvements properly join existing features, and c. enough information is available to review the proposed design and to accurately calculate quantities. Because the area is very flat, as a minimum, survey information along the streets should be provided every 50 feet. Additional survey will be required at all critical areas. 2. Preparing a fully dimensioned site plan along with recommendations for project geometrics. 3. Identifying right -of -way and property acquisition and preparing legal descriptions and exhibits for these areas. Assume two legal descriptions. 4. Preparing exhibits required by the City for submittal for a Coastal Development Permit. 5. Preparing exhibits and providing information required by the City of Newport Beach for preparation of the environmental documents. 6. Coordinating with the OCSD in its redesign of the pump station and sewer mains on Balboa Boulevard at A Street. 7. Preparing drawings showing demolition (and protection) of streets, parking lots, utilities, trees and other landscaping. 8. Preparing plan and profile drawings for roadway improvements. Street improvements shall include interlocking -paver intersections, special paving materials for the roadways and sidewalks, and the addition of street furniture. 9. Preparing drawings for signage and striping. 10. Preparing drawings for the Balboa Pier parking lot including ticket booth with utilities and automatic entrance gate. Quarter -foot contours shall be shown. 11. Preparing drawings for the reconstruction of the Balboa Pier Plaza including the exit from the A Street parking lot. 12. Preparing plan and profile drawings for the storm drain system. The consultant shall provide the backup calculations for sizing the catch basins and storm drain lines. 13. Preparing plan (and profile for lines larger than 10 -inch diameter) drawings for water main and service replacement. See Attachment 5. 14. Preparing plan and profile drawings for sewer main replacement. (Attachment 5) 15.Preparing street lighting drawings including the new conduit and conductor runs shown in Attachment 4. There will be special lighting treatment at the end of Washington Street at Edgewater as well as other special lighting as indicated on the attached Village exhibit. 55 0 0 16. Preparing drawings for parking lot lighting at the Balboa Pier Parking Lot. Lighting will include overhead lighting and interior pedestrian level lighting. 17. Preparing traffic signal modification drawings for the intersection of Balboa Boulevard and Palm Street. 18.Preparing detailed planting and irrigation drawings. This project includes the addition of numerous palm and other box trees. Consultant shall coordinate with the City's urban forester in identifying tree removals within the project limits. 19. Preparing an odor control plan for the intersection of Bay Avenue and Washington Street. 20.Research piping and electrical requirements for two future fountains and show piping and electrical stubouts on improvement drawings. 21.Research electrical requirements for a future clock tower at the intersection of Balboa Boulevard and Palm Street and show conduit on improvement drawings. 22. Preparing concept -level detour and traffic control drawings to guide contractor's preparation of final traffic control drawings. The traffic control drawings shall be prepared using the "WATCH" handbook as a guideline. The concept drawings shall show: • how traffic service for homeowners and business owners will be maintained, • the contractor's staging area for equipment and materials, • alternative parking areas for public use, and • access for emergency vehicles during construction. 23. Preparing detailed written special provisions, bid documents, quantity estimates and cost estimates. The construction documents shall be formatted to allow for the project to be awarded in two phases. 24.Attending City Council and California Coastal Commission meetings if requested by the City. Assume four meetings. CONSTRUCTION ENGINEERING ASSISTANCE When requested by the City, the Consultant shall be available for: 1. Attending pre -bid and pre - construction meetings. 2. Reviewing shop drawings and other submittals. 3. Monitoring construction progress, advising the City with respect to the contractor's general conformance to drawings and specifications, visiting the site, and making field recommendations. 4. Revising the drawings and /or Special Provisions. 5. Preparing addenda to the specifications. 6. Preparing "as- built" drawings. C. GENERAL REQUIREMENTS All drawings and design specifications shall be prepared in accordance with requirements of the City of Newport Beach "Design Criteria, Special Provisions and Standard Drawings for Public Works Construction," 1994 Edition, which incorporates the "Greenbook" specifications titled, "Standard Specifications for Public Works Construction," latest revision. Design will adhere to ADA requirements. All specifications and drawings shall be subject to final review and acceptance by the • 0 City of Newport Beach, Public Works Department. Signing and striping drawings shall be prepared per Caltrans latest revision of standard plan details. 2. The Consultant shall prepare the drawings in AutoCad, Release 14 or 2000. The Consultant shall plot final drawings on City standard mylar sheets. Special Provisions and Contract bid documents shall be prepared in accordance with the City requirements. 3. Drawings shall include all details and information required for plan check, bid and construction purposes. The electronic files shall be formatted for use in construction staking. 4. Approved drawings, special provisions, contract documents and any appendices, shall be signed by the Consultant and submitted for City signatures. 5. A detailed preliminary cost estimate shall be submitted early in the design phase. The cost estimate shall be regularly updated and submitted to the City for review. 6. The City plans to submit completed drawings to the California Coastal Commission by January 2, 2001. To meet this submittal date, the City is looking for timely submittals by the Consultant to confirm that design and schedule requirements are met. The following schedule is offered as a guideline. May 23, 2000 .................. Notice To Proceed June 27, 2000 ................Submit compiled survey of existing conditions July 5, 2000 .................. Submit proposed horizontal control plan, site plan, street striping layout, and parking lot striping August 1, 2000 .............. Submit street, parking lot and utility 'redlines' September 21, 2000........ 75% complete drawings November 1, 2000........... 90% complete drawings /specifications December 1, 2000 ...........95% complete drawings /specifications December 15, 2000 .........Final submittal drawings /specifications December 29, 2000 .........Drawings and specifications signed by City As soon as the redline drawings are available showing how the project design requirements are being met, the Consultant shall bring the redlines to the City for review by City staff. Redline drawings shall show all street, cross slope and flow line grades. The drainage pattern and storm drain system shall be fully thought out. Critical issues shall be identified (e.g. utility conflicts, ADA design conflicts, geometric problems) with proposed solutions. The seventy -five percent complete drawings submittal shall include complete information on the plan and profile drawings for the streets, storm drain, sewer, and water; complete information on the drawings for the parking lot, striping, signal modification, and odor control system; and complete plan layout for the irrigation and s 3L planting. While drawing details do not have to be complete for this submittal, details of critical items, shall be submitted. 7. The City encourages frequent informal reviews to keep staff fully informed. The City anticipates a two -week period for review of formal submittals provided staff is kept fully informed of project progress. The City reserves the right to require that the Consultant add extra staff or work weekends if it appears that the project is falling behind schedule. No additional costs will accrue to the City for this situation. 8. The project manager shall be responsible for the day -to -day communications with the City and the supervision of construction document preparation. The demands of the project schedule will require that an experienced project manager, project engineer and design team be dedicated to this project. We expect that the design team will be 100 percent engaged as soon as the survey becomes available. Coordination meetings with City staff should be incorporated into the tasks listed in the scope of work. 9. It is important that key members of the team remain on the project through design completion. The City must approve any changes in the key personnel and will have the right to reject proposed changes. Non - approved changes in key personnel will be considered a breach of the contract and cause for termination. 10.The Consultant shall be responsible for completing the specified services in accordance with the City's standard "Professional Services Agreement" (See Attachment 6), which will be prepared by the City. Services specified in this agreement shall be taken directly from the Consultant's Proposal and from this "Request for Proposal ". The primary components and provisions of the agreement shall include liability insurance coverage and errors and omissions insurance coverage in the amount of one million dollars ($1,000,000). The City must be a "named insured" on all required policies. 11. Cost for reproduction shall be included in the Consultant's proposal. This budget amount shall include the costs of reproduction of all progress drawings and mylars. The City will reproduce the final drawings from mylars, as well as reproduce the final specifications. 12. This Request for Proposal does not commit the City of Newport Beach to pay costs incurred in the preparation of a response to this request. No work may begin until the "Professional Services Agreement" is executed and the City issues a Notice to Proceed. 13.AII data, documents, and other products used or developed for this project shall remain in the public domain upon completion of the project. Similarly, all responses to this Request for Proposal shall become the property of the City of Newport Beach. 14.The method of payment upon negotiation of a contract shall be monthly payments based upon percent of tasks performed and the submission of requests for reimbursement. 6 3? 0 D. CITY'S RESPONSIBILITIES The City will: 1. Provide reference drawings as are available and appurtenant to the proposed project. 2. Provide survey records and easement information, as are available and appurtenant to the project. 3. Provide street, utility, traffic, landscaping, and irrigation design criteria, hydraulic data and other technical information, as are available and appurtenant to the project. 4. Retain the services of an urban planner to provide planning continuity during the preparation of construction documents. The urban planner will provide additional concept information for use in the design of the park. The urban planner will be available to answer Consultant questions on the details for the streetscape, landscape, street furniture, and project materials. 5. Provide information on interlocking -paver material, color and construction methods. 6. Provide construction inspection. 7. Prepare, submit and process the Coastal Commission Permit. 8. Prepare the environmental documents. 9. Appoint a staff engineer to be the Consultant's primary point of contact with the City. 10. Acquire right -of -way and property. 11.Provide final reproduction of the drawings from the mylars prepared by the Consultant and final reproduction of the specifications. E. PROPOSAL CONTENTS The proposal shall be clear and concise. Boilerplate and generic marketing materials should be excluded from the proposal. 1. Using the tasks listed in Section B for the pre- design, design and construction engineering assistance phases, prepare the scope -of -work for the project. Each task shall be succinctly stated with details provided only as needed to define understanding of or methodology for the task. Use the same numbering scheme of Section B. Each task shall include a detailed estimate of person -hours (broken down by job classification) required to complete the task. The Consultant is encouraged to indicate additional tasks that are required or will streamline the schedule for the design or construction phases. These additional tasks should be added at the end of the appropriate phase of work. 2. Provide a statement expressing understanding and agreement with the General Requirements of Section C. 3. Provide comments to the City's standard "Professional Services Agreement" (Attachment 6). If there are no exceptions, provide a statement to that effect. 7 3i� i 0 4. Provide information of five projects of similar size and complexity that have been performed in the last seven years. For each project, list the staff shown in this proposal that worked on the project. Provide the name of the agency contact person and telephone number. For each project, describe a project management technique that was used to facilitate the design of the project. Descriptions should be succinct. 5. Identify the project team and subconsultants. Provide an organizational chart and resumes for each team member. The Consultant's primary representative shall be a licensed Civil Engineer. Specific responsibilities of each team member and subconsulant shall be detailed along with anticipated total effort, expressed in percentages of total work hours. 6. Provide a more detailed write -up on the experience of the project manager and project engineer on similar projects. Explain how the project manager in the past has been able to accommodate on -going adjustments to the project design while maintaining project schedule and budget. 7. Prepare a project schedule. The schedule shall include the number of calendar days required to perform each task, beginning and ending dates, and linkages. The schedule shall include milestones for drawing submittals and proposed meetings. 8. In a separate, sealed envelope, submit a not -to- exceed amount for the services to be provided. The fee shall be broken down by tasks, job classification (design team and subconsultants) and hours for the pre- design, design and construction engineering assistance phases, and shall include miscellaneous costs such as travel, reproduction, computer costs, clerical support, communication and other costs. The City reserves the right to eliminate tasks from the scope of work, and reduce the not -to- exceed amount by the cost of the task eliminated. The Consultant shall enclose the company's fee schedule, as well as a fee schedule for each subconsultant, outlining all applicable hourly rates and costs for services. F. SELECTION PROCEDURE A review committee comprised of City staff will review the proposals. The successful Consultant will be selected based on the experience of the key personnel, the expertise of the project team as demonstrated on previous projects, and the clarity and conciseness of the proposal. The City may choose to invite the top candidate(s) for an interview prior to selection. END Attachments 1. Excerpt from the Balboa Village Implementation Plan 2. Excerpt from the Balboa Pier Parking Lot and Main Street Access Improvements Report 3. Exhibit showing the preliminary design layout for the storm drain system. 4. Exhibit showing the new street lighting, conduit and conductors. 5. Exhibit showing water and sewer lines to be replaced. 6. City's standard "Professional Services Agreement" s 3a N ~ O tD N S v 8 � s n �• p II ti N t0 J N 9 n N x n n O O o W N c g N S 9 O O a s a = a a= O T r Z O0 m 0 � D m � n m m ? y CDc _ � � S N � a O 0 FL p 1 N Ip 3 a s" m n N F 0 N 0 3 0 0 N m m n c N a n O O n Q J a a� N Q Q 41 l/i� V1 T 'I i 'I N, N N a 9 V Qp1 ¢Dg• gOg ((q1t D' f$Q � 2 OI O• O @� a YP a � °I >o-cl a a B: O 2 •� � 4' �! W tl � d g 5 p v of ry v� v• � � �I � a D' n� v; Si � S 2 °6 d! 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"6 C C B G y � R +o O n • �! n 6 N w a � � 41 a EW�R, i 0 Project Team— Organization Chart U a: a'. ClyaowNS Bob Stein, PE Senior Civil Engineer Gail Pickart, PE Gary Dysart, PE Project QA /QC — Peer Review Officer- in- ChargelAdvisor Neil Gillis, PE Project Manager Surveying /Mapping Landscaping /Streetscape Street/Sewer /Water /Storm Drain PSOMAS NU V IS PSOMAS Kari Launen, PLS Survey Advisor Leslee Temple, FASLA Pavel Horn, PE Christy Eberhardt Photogrommetrist Robert Cordoza, FASLA Jennifer Courtois, PE Gary Hommerle, PE Traffic/Transportation QA/QC — Peer Review Austin -Foust Associates Lonny Sheek, PLS Joe Foust, PE Geotechnical Diaz - Yourman & Associates Allen Yourman, PE, GE Odor Control Environmental Support Technologies Kirk Alan Thompson, RG, C.HG. The PSOMAS Team st J`, P S O M A S BALBOA VILLAGE NEWPORT BEACH PSOMAS — STAFF BILLING RATES EXHIBIT "B" PD Project Director Gary Dysart $139 PM Project Manager Neil Gillis $125 PE Project Engineer Pavel Horn $116 Jennifer Courtois $116 Gary Hammerle $116 Matt Heideman $116 Anthony Tsui $116 Trang Nguyen $116 DE Design Engineer Pearl Abarca $ 88 CT CAD Technician Cong Nguyen $ 78 AE Assistant Engineer Veronica Gouveau $ 75 Anna Ramirez $ 75 Derek Hicks $ 75 C Consultant Gail Pickart $ 85 PA Project Assistant Deanna Gate $ 60 Cheryl Martinez $ 60 Senior Project Manager Kan Lannert $139 Senior Project Manager/Technical Manager Lonny Sheek $116 Project Manager John Eberhart $125 Project Surveyor Rick Tetreault $116 Project Surveyor Charlie Lauman $ 88 Senior CAD Technician Riitta Newhouse $ 88 Assistant Surveyor Ryan Versteeg $ 78 Assistant Surveyor Lam Le $ 88 Project Manager - Digital Imaging Christy Eberhart $ 88 Surveyors (2 man crew — Party Chief / Chainman) Chris Hanson / Glenn Stringer $178 Karl Loveys / Lewis Lesh $178 Jim Russo / Dan Garcia $178 Paul Granell / Ignacio Julian $178 NLTVIS Billliag Rates Name Title Billing Rate Robert R. Cardoza SeniorPrinci al $110.00 Leglee A. Temple Senior Principal $110.00 Robert W. Stone Senior Principal $110.00 Perry Cardoza Principal $110.00 Tom Munoz Principal $110.00 Jaime Rios Designer $ 85.00 Linda Forde CADD Tech I $ 70.00 Lamont Klecker CADD Tech I $ 70.00 Chris Atcncio CADD Tech Il $ 55.00 Robert Frisbie Draftsperson I $ 45.00 Scott Downey Draftsperson 11 $ 35.00 May 11, 2000 E /Z'd E9S'UN WdE0:OT oeoz'TT *J,Iiw MAY., -11 -2000 TN'J 10'06 AM DIAZYOURMAN AND AHOCIA FAX [10. 7148 +8741 I)1A Z Y0UIth4AN s ASS o01Al1:S LO �fiWtiGlq. Hato: May 11, ?000 io: Mr. Neil Gillis Pc;omns & Associates 1 *n K: 714- 54:5 -8883 Phone: 714.751 -7373 cc: 9uLjaca: Balboa Improvement Project I lo--ii ly Ratos by Individual NAME _. ---- ..--- — Cicr +del PA. Uiaz AI1on M. Yourrnan f iollcrl 5. Wright -, _— ' Anil:�i "I hl.irai N ,villc 511 _ —_ Ali Morparrndch F',)r�an M�rnnrndeh 7iiix,tlty Dial l.F)Glii) Ola -L Karen C ?iaz __ _ Pjyllin Mershon - — - r n Project No: 00 -054 From: Ms. Leslie Diaz Pages: 1 (including cover) Original to follow:_ Yes — X No i ernnician Word Processing /Technic Word Processing — Cleriral/Word Processing Pk!aso call if you nood any farther information. 171 � 1 u;vmT H,01AT.VA R O, TUS'I'IN, CAI -u ORN IA 92780 -3012 (714) 833.9+65 rte: (714) 335-8711 4">> " Nab it 00 10.19a Austin -Foust (714) 1367 -7952 p,2 ®ffiff�AMMAOVST ASSOCIATES, INC. TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92705 -7827 TELEPHONE (714) 667 -0496 FAX (714) 667.7952 E -mail: mail @austinfoust.com Effective January 1, 2000 Transportation Eneineer Cathy Lawrence AUSTIN -FOUST ASSOCIATES, INC. Jamie Anderson INDIVIDUAL RATE SCHEDULE CATEGORY HOURLY RATE Principal Terry Austin $135 Joe Foust i $135 Design En sneer $55 Rick Chavez $105 Transportation Eneineer Cathy Lawrence $95 Jamie Anderson $90 Pat Kelley $80 Design Drafter Rob Steaffens $70 Technical /Clerical Connie Woodward $55 Joanne Herbel $50 Direct expenses billed as actual costs 95!19;2909 09:52 3434570664 Et IV I ROt INDITASUPPORT PAGE 92!92 Table 1 Staff ldentltication and Billing Rates PSOMAS Balboa Village Project Y:bW RSG�& ,RYT Name Job Title Staff 1. D. Billing Rate (Per Hour) Kirk Thomson, R.G., C.HG., R.E.A. Project Manager P5 $100 Michael Tye, R.G. Project Geologist P3 $80 Duy Mai Senior Environmental Chemist Chem $65 Martin Kilhullen Senior Environmental Technician Tech 11 $50 Alex Chapman Environmental Technician Tech 1 $45 Marcheal McCullough Technical Support Staff TI $45 Marialena Zagari Office Support Staff OS II $35 A�CORDT. CERTIFICA* OF LIABILITY INSUIONCE � 5�31�00 Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92711 -0550 Jt ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' – f 714 427 -6810 - INSURERS AFFORDING COVERAGE INSURED INSURERA: Reliance Insurance Company Psomas - — –- INSURERS: Centre Insurance Company 11444 West Olympic Blvd., Ste. 750 – - – West Los Angeles, CA 90064 -1549 INSURERc:Design Professional Insurance Co. I INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR, rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MWDDYY DATE MWOONY A GENERAL LIABILITY PQ8572873 10/15/99;10/15/00 1 EACH OCCURRENCE J_Sl,_OO Q ,._0 0 ,X COMMERCIAL GENERA-LIABILITY i 1FIRE DAMAGE (Anyone tire).'$100,_ 000 —, CLAIMS MADE X OCCUR 1 MED_EXP(Any one person) S5, 000 - PERSONAL 8 ADV INJURY $ 1, O 001 O O O GENERAL AGGREGATE Is2, 000, 000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS COMPIOP AGGII —52, —000, 00.0 i I POLICY i jEP LOC A I AUTOMOBILE LIABILITY iPQ8572873 10/15/99 10 /15 /00 COMBINED SINGLE LIMIT 1$1,000,000 X ANY AUTO j _..._.._ (Ea awidenp .._ ._ —... I ALL OWNED AUTOS BODILY INJURY $ SCHEDULEDAUTOS ! (Per person) X : HIRED AUTOS jX NON -OWNED AUTOS 'For Professional Liability coverage, the .BODILY INJURY ;(Per accident) I$ aggregate limit Is the total In urance available j y for all covered claims pros nted within the PROPERTY DAMAGE $ (Per accidem) 1 GARAGE LIABILITY policy pBf10 a limit WII be red UCed by (AUTO ONLY EA ACCIDENT S .. _Y.__ ANY AUTO payments for indemnity and xpenses. OTHER EA ACC ! s • THAN —.__. .., I AUTO ONLY: AGG S EXCESS LIABILITY - EACH OCCURRENCE S OCCUR 1. CLAIMS MADE AGGREGATE $ DEDUCTIBLE S RETENTION S $ B WORKERS COMPENSATION AND W99A208919 10/15/99 1 10 /15 /00 1 XI gq.slAMTS OER -; ... _ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 51 , 000,000 ,. _. ..__... ___.. _...__._ E.L. DISEASE - EA EMPLOYEE S 1, 000,000 E.L. DISEASE - POLICY LIMIT ! S I, 000, 0 0 0 C !OTHER Professional PL700881 .10/15/99'10/15 /00 $1,000,000 Per Claim (Liability * 1 $1,000,000 Annual Aggr DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIE %CLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Balboa village. Psomas Job No. 2NEW0603. City of Newport Beach, its officers, agents, officials, employees and volunteers are Additional Insureds as respects to General Liability and Auto Liability. Primary and Non - Contributing and Waiver of Subrogation (See Attached Descriptions) (City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 3NQee3Q4XWAAIL 3 -(i— DAYS W RITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE DES(IPTIONS (Continued from Poe 1) applies to General and Auto Liability. Waiver of Subrogation for Work Comp has been requested for the company to issue. This cert rescinds and replaces the cert issued on 5/25/00. If cancelled for non - payment of premium, 10 days notice given. (AI- CK /AI -AU CABI /PR /SBGL /SUB /X) AMS 25.3 (07/97) [:fib, GENERAL ENDORSEMENT • • In consideration of an additional premium of N/A it is hereby understood and agreed that the following applies: [ X ] ADDITIONAL INSURED - CGB17504 CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPOYEES AND VOLUNTEERS is /are Additional Insureds as respects to work done by Named Insured. [ X ] PRIMARY COVERAGE - CGB17024 With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insured/s. [ X ] WAIVER OF SUBROGATION - CG2404 It is understood and agreed that the Company waives the right of subrogation against the above Additional Insured/s for project described in certificate attached hereto. [ X ] NOTICE OF CANCELLATION It is understood and agreed that in the event of cancellation of the Policy for any reason other than non - payment of premium, 30 days written notice will be sent to the following by mail CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the above. Policy No.: PQ8572873 Effective Date: 5/24/00 Insurance Company: RELIANCE INSURANCE COMPANY Issued to: PSOMAS Issue Date: 5/31/00 REVISED Authorized Representative • • CA93ts 0690 NAMED PERSOII S OR ORGANIZAT{OA S AS INSURED * *EFFECTIVE 5/24/00 REVISED PCLICY'NUMBER POLICY A.ERIC)CJ AGE?MY NUMBER PQ8572873 FROM; 10/15/99 TO; 10/15/00 NAMED ENSURED:: PSOMAS THIS ENDORSEMENT CHANGES THE POL)CY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MOOIF)ES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM. GARAGE COVERAGE FORM. TRUCKERS COVERAGE FORM. NAMED PERSON (S) OR DRGAN I ZATI ON (S) ; CITY OF NEWPORT BEACH- ITS OFFICERS, NAMED O - NEWPORT P RT '-- ------------------------- AGENTS OFFICIALS EMPLOYUS &VQW.UTEERS ------------------------------^----'...^--------^--------------------------- •------------------------^-------------------------------------------------- ------------------------------------------------------------------I----•---- ---------------------------------------------------------------------------- -°-'--'-^-----------=-----------------------'._•--_------------------------- ^------------------------------------------------------------------^-------- --"'-----^--°^'-----------------^----°^••------------------------------- ----------'^-----------------------------^`--------------------------------- -------------------------- -- ---- ----------- ------- - - - - --- ------------------ EACH PERSON OR OROANIZATIDN NAMED ABOV: )S AN INSURED FOR LIABILITY COVERAGE. BLi ONLY TO THE EXTENT THAT PERSON OR ORGANIZATION QUALIFIES AS AN INSURED UNDER THE WHO IS AN INSURED PROVISION OF SECTION 11 - LIABILITY COVERAGE. A✓ L t- �'- COUNTERSIGNED 5/31/00 BY LL v ! (DATE) (AUTHORIZED REPRESENTATIVE) CASI 93 15 05 90-5 MW -31 -2000 WED 11:27 AM • FAX N0. S:CAL-SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH 40 P. 02/07 THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OU'IZINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: OJT DEPARTMBNf /CONTACT RECEIVED 1:ROM: SOUAN 0"k X _. DATE COMPLETED: 0,,5 SENT To: 69&M BY: COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: — S0&40_ GENERAL LIABILITY: A. iNSURANCF, COMPANY:-9 (JANlCE 1A(6WRflMCf C9 B. ANI BEST RATING (A V1I or greater C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California? Yes ✓ No_ D. LMTS: (Must be S 1,000,000 or -renter) Wttat is limit provided" ;$14 iw/) E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'? Yes / No_ F. ADD(T10NAI, INSURDED WORDING TO INCLUDE: ( The City its officers. agents. officials, employees and volunteers). Is it included'? Ycs ✓ No G. PRINIARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes ✓ No H. CAUTION! ( Confirm that loss or liability of the Namcd insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Ycs No I. NOTIFICATION OF CANCELLATION: Although there is a provision that rcquires notification of cancellation b% certified mail: per Lauren Farley the City will accept the endeavor wording. It. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: RUI "-f /SURRIJGF CD B. AM BEST RATING (A VII or grt:atcr): A- t X l y C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company adirtiped? Yes ✓ No _ D. LIMITS: (Must be $1.000.000 minimum BI & PD and $500,000 Mvl) What is limits provided? l 60 6�a- E. INCLUDE: (Tbo City its officers .agents, officials, employees and volunteers). Is it included? Yes ✓ No F. PRIMARY AND NON CONTRIBUi'DRY WORDING: (Must be included). Is it included? Yes_ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that rcquires notification of cancellatn by certified mail: per Lauren Farley Ibe City will accept the endeavor wording. III. WORKERS COMPENSATION: A. INSURANCE COMPAlvY: aalwc B. AM BEST RATING (A 'VII or orcater) A; x C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ IF NO, WHICH ITEMS NEED TO BE COMPLETED? , EEP lHH2 BNB l au. ue ,g) ift 4w N070 afieRrF9 RArl,ua 15 AWAI R: Y11- NP,,� re A /,/ 0 C TO: Mayor and Members of the City Council e C3 -8ly0 01,3333 May 23, 2000 CITY COUNCIL, AGENDA ITEM NO. FROM: Public Works Department SUBJECT: BALBOA VILLAGE IMPROVEMENT PROJECT, CONTRACT NO. 3333 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Psomas to provide pre- design, design and construction services for the Balboa Village Improvement Project for a fee of $493,131. 2. Process a budget appropriation from Neighborhood Enhancement Fund Reserve in the amount of $250,000 to Account No. 7024- C5100543 and from the Off - Street Parking Fund Balboa Pier Parking Lot Account No. 7022- C5100376 in the amount of $250,000 to Account No. 7022- C5100543. DISCUSSION: As directed by the City Council, Request- for - Proposals were sent to the following five civil engineering consulting firms who had expressed interest in this project: 1. Berryman & Henigar 2. Huitt- Zollars 3. Penco Engineering 4. Psomas 5. Wildan Proposals were received from Huitt- Zollars, Penco Engineering, and Psomas. A committee of four City personnel independently reviewed the proposals from these three consultants and references were also checked. The committee met on May 1, 2000, and compared ratings. All four committee members gave Psomas the highest ranking. At that time, the sealed envelope containing the proposed Psomas budget was opened and reviewed. The committee then interviewed key members of the Psomas team and qualifications and experience were discussed in detail. The City asked Psomas to provide clarification on a number of tasks. Psomas subsequently provided the information and staff concluded negotiations with Psomas. SUBJECT: BALBOA VILLA G•IMPROVEMENT PROJECT. CONTRACT 0NO . 3333 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT May 23, 2000 Page: 2 Attached for your review and approval is the proposed Professional Services Agreement with the Psomas proposal to complete all the required pre- design, design and construction services tasks. Per this Agreement, Psomas would complete the drawings and specifications for submittal to the Coastal Commission by December 31, 2000. The construction documents would be prepared in two packages to allow the construction to proceed in two phases. Phase 1, which would commence in the fall of 2001, would construct the Balboa Pier Parking Lot improvements, the Pier Plaza improvements, the Main Street connection to the "A" Street Parking Lot, and the Balboa Boulevard improvements. Phase 2 would construct the Balboa Village streetscape improvements from Ocean Front to Edgewater and the Peninsula Park improvements. Two components of the project will be designed under separate professional service agreements: (1) the clocktower at Palm Street and Balboa Boulevard, and (2) the Washington Street restroom. Requests- for - Proposals for these projects will be sent to Architectual /Engineering (AE) firms in July 2000. The City has also contracted with Planning and Urban Design Resources to assist the City with preparing detailed conceptual ideas and drawings for various specialty design items required by the AE firms to complete the construction documents. FUNDING AND RECOMMENDATION 0 The attached February 22, 2000, Council memo outlines the budget requirements and funding sources for this project. For FY 1999 -00, $500,000 is available for preparation of the engineering design, environmental documents, and permits. Funds are available in the Neighborhood Enhancement and Off - Street Parking Fund Reserves. Staff recommends approval of the Professional Services Agreement with Psomas to prepare the Balboa Village Improvement Project construction documents and provide construction management services. City staff will prepare the environmental documents and permit applications. Respectfully submi d PUBLIC WORKS DEPARTMENT Don Webb, Director By �. Robert Stein, Senior Civil Engineer Attachments: Professional Services Agreement with Psomas February 22, 2000 Council Memorandum f. \usem\pb� reT .council \ry99 -OOY y- 23%alboa Wlage.dM 0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (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 0 Charter of City. B. City is planning to implement the Balboa Village Improvement Project ('Project'). C. City desires to engage Consultant to prepare Project plans upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for the purpose of preparing the Project construction documents are Gary Dysart and Neil Gillis. 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 -1- parties as follows: 1. TERM The term of this Agreement shall commence on the 24th day of May 2000, and shall terminate on the 31St day of December 2000, 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 four hundred ninety -three thousand one hundred thirty -six dollars ($493,136). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed by task, 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 days of receipt of invoice subject to the approval of City and based upon completed tasks shown in Exhibit "A ". The monthly invoice shall be accompanied by a progress report summarizing work performed in the last period, estimated progress and proposed work 0 -2- for the following period. 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 reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under 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 -3- represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION 9 13 0 0 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 the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Neil Gillis to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the 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 below. 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 0 Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible -5- 0 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 the 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 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 his duly authorized designee informed on a regular basis regarding the status and progress of the work, 0 of 0 0 activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of 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, designated agents, designated -7- 0 0 representatives and employees as additional insured for all liability arising from . Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City Risk Manager. A. 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 one million dollars ($1,000,000) 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 one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice or except 10 days notice • of cancellation for non - payment of premium has been given in writing to City. Consultant in 0 0 shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the • corporation, partnership orjoint- venture. M 0 9 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one -10- is E 0 0 copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide final drawings from mylars prepared by Consultant and reproduce final specifications. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his 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 0 records with respect to the costs incurred under this Agreement. All such records shall be -11- 0 9 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 Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 9 -12- • • 0 23. CONFLICTS OF INTEREST 0 A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- 0 All notices, demands, requests or approvals from Consultant to City shall be 9 addressed to City at: Robert Stein, P.E. 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: Psomas 3187 Redhill, Suite 250 Costa Mesa, CA 92626 Attention: Neil Gillis, Project Manager (714) 751 -7373 Fax (714) 545 -8883 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 9 26.1 City shall have the option, at its sole discretion and without cause, of 9 -14- terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since 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 -15- 0 0 compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 0 All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 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. 0 -16- 9 0 E 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: M LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor City of Newport Beach CONSULTANT 0 f : \usem\pbMshared\agreements \fy 99- 00\balboa village streetscape agreement- final.doc 05/09/2000 11:24 AM _17_ � dEW �Rr J = CSC /FOPH�f EXHIBIT "A" Scope of Work E PRE - DESIGN TASKS Pre - Design Services include the following Task items: 1. Reviewing and commenting on the conceptual studies previously prepared for this project. The Psomas team will meet with City staff to collect studies previously prepared for this project. All studies will be reviewed by the appropriate team members to develop a work plan and to provide the City with comments on the studies, as appropriate. 2. Confirming project requirements. The work plan developed by the Psomas team (see Task 1, above) will be provided to the City to facilitate meetings and discussions. Meeting with the City will allow the Psomas team to confirm that our understanding of project requirements corresponds to the City's goals and objectives. 3. Developing the detailed design parameters for the project. The Psomas team includes the full range of engineering, landscape/ streetscape, traffic, and environmental expertise needed to develop detailed design parameters for the project. Confirmation of the work plan . by City staff will allow the Psomas team to identify physical and finan- cial constraints that will establish the detailed design parameters govern- ing the project. 4. Confirming CADD format, layering and GIS attribute requirements for construction documents. Early meetings with the City will allow the Psomas team to confirm City CADD format and layering requirements. Psomas has extensive experi- ence creating and implementing CADD formatting and layering stan- dards and is ready to incorporate City requirements in our construction drawings. Psomas is also ready to supplement City requirements with our extensive knowledge of the CADD environment. 5. Recommending construction materials. The proposed project includes both engineering and streetscape/land- scape components. The materials specified for typical civil improve- ments will meet City standards and the standard of care for the industry. In the absence of City requirements, suggestions for streetscape, land- scape and more esoteric construction materials will be submitted for City review and approval prior to inclusion in the final plans and specifications. 6. Providing a detailed program for the field survey. Survey control shall be established using the County's GPS coordinate system. The primary concern in the surveying task will be to provide adequate and accurate data for the other design tasks. This will be accomplished The P S O M A S Team 1.1 � e�EW O O� 0 �� ART c� S ��FOaH 9 9 0 Scope of Work using a variety of techniques including conventional ground topography with total station instruments, GPS surveying and aerial photogrammetry for base planimetrics. The surveying task will occur early in the design phase of the project and consist of multiple discrete sub - tasks. Most of the surveying sub -tasks will be scheduled concurrently with some of the design tasks and other surveying sub -tasks in order to compress the project schedule. An extensive list of individual sub -tasks is included in the survey program described in Appendix. B. 7. Confirming locations and performing four borings for the proposed storm drain system (ten feet below ground surface (bgs)) and ten corings (two feet bgs) within the streets). A geotechnical investigation program will be implemented when the sewer and storm drain alignments are more accurately established. A detailed description of the geotechnical program is presented in Appen- dix E. When individuals perform borings, corings, and potholing, they must set reference points that can later be surveyed. The reference points must include horizontal and vertical ties to the utility line located. After survey, the reference point will used to develop the horizontal and vertical data information being presented on the improvement plans. 8. Providing recommendations for conducting an odor survey and conducting an odor control survey. Environmental Support Technologies, Inc. will provide expertise in identifying and locating the source(s) of offensive odors typically en- countered on Washington Street in the vicinity of Bay Street and Edgewater. A detailed description of their technical approach to identify- ing and mitigating this problem is presented in the Appendix F of this proposal. 9. Preparing a preliminary construction cost estimate. After the site plan has been developed, the Psomas team will work with City staff to clarify and itemize the full range of tasks included in the project. A preliminary estimate of probable construction costs, based upon the identified work tasks, will be prepared for review by the City. 10. Coordinating with Orange County Sanitation District (OCSD) in its planning for pump station modifications. During the preliminary engineering phase, improvements to the sewer system will be developed. As sewer design progresses, pertinent data will be shared with the OCSD and potential modifications will be identified by that agency. The P S O M A S Team ,.Z O Scope of Work 11. Coordinating with the Consultant who is designing the Washington Street restroom. Psomas will initiate contact and coordinate sewer and water service laterals to the Washington Street restroom when the consultant designing the improvements is identified by the City. DESIGN TASKS Design services include the following Task items: 1. Surveying the project site and preparing a fully dimensioned draw- ing, The Consultant shall use his expertise in determining the level of survey required for this project. The survey shall be tailored such that: a. the project drains properly, b. all proposed improvements properly join existing features, and c. enough information is available to review the proposed design and to accurately calculate quantities. Because the area is very flat, as a minimum, survey information along the streets should be provided every 50 feet. Additional survey will be required at all critical areas. A complete description of the surveying efforts proposed for this project is included in Appendix B. Due to the difficult constraints imposed by the site, both photogrammetry and ground survey efforts will be em- ployed by Psomas. The primary concern in the surveying task will be to provide adequate and accurate data for the other design tasks. The surveying effort will occur early in the design phase and it will be focused by discussions with City staff to correctly identify areas of concern. 2. Preparing a fully dimensioned site plan along with recommendations for project geometries. Psomas will prepare a fully dimensioned site plan, utilizing photogram- metry and planimetric survey data. The Psomas team will meet with City staff to discuss redline concept plans to insure that all critical elements of the project are addressed and controlled. Project geometries will include proposed street lane widths, turn lane configurations, sidewalk widths, and ADA accessibility issues, along with parking lot, Peninsula Park and Pier Plaza geometries. The Psomas team will take the lead in identifying and locating under- ground utilities, During development of the site plan, preliminary alignments of the various underground systems will be prepared. Based upon research at the City and at the appropriate agencies, a potholing plan will be developed to identify and locate existing underground systems. The City will be responsible for potholing sewer, water, storm The P S O M A S Team Ia 0 0 Scope of Work 0 8 C�44p0.N�r drain and street light utilities. Other underground utilities must be located by their respective owners. 3. Identifying right -of -way and property acquisition and preparing legal descriptions and exhibits for these areas. Assume two legal descriptions. After proposed street improvements are geometrically defined and approved by City staff, Psomas Survey will work with City staff to identify right -of -way requirements and determine where property must be acquired to facilitate construction of the proposed improvements. As required by the RFP, this proposal is based upon two legal descriptions. 4. Preparing exhibits required by the City for submittal for a Coastal Development Permit. Per discussions with City staff at the Pre - proposal meeting, the exhibits required for the Coastal Development Permit are the completed Improve- ment Plans. Close coordination of the Psomas team with City staff, continuous attention to achieving scheduled milestones, and appropriate staffing assignments will ensure that the submittal package is completed in time for the January 2, 2001 submittal to the California Coastal Commission. 5. Preparing exhibits and providing information required by the City of Newport Beach for preparation of the environmental documents. Again, per discussions with City staff at the Pre - proposal meeting, the City will require a site plan to obtain an environmental Negative Decla- ration. The site plan described by Task 2 of the Design Tasks section will be created to allow its use in the submittal package. 6. Coordinating with the OCSD in its redesign of the pump station and sewer mains on Balboa Boulevard at A Street. As described in Task 10 of the Pre - Design Tasks of this proposal, the Psomas team will contact the OCSD while the sewer plans are being developed. Progress plans and calculations will be provided to the agency at all submittal milestones. They will also be provided when the systems designers are confident that critical components are properly defined. 7. Preparing drawings showing demolition (and protection) of streets, parking lots, utilities, trees and other landscaping. After survey is completed and the site plan is developed, ultimate improvement requirements will be finalized by City staff. When the ultimate improvements are defined, a demolition plan will be created to • identify the disposition of all known improvements within the limits of the proposed work. The P S O M A S Team 14 e�EW�R�. 0 0 Scope of Work o� m C�4 rp 0.M`r 8. Preparing plan and profile drawings for roadway improvements. Street improvements shall include interlocking -paver intersections, special paving materials for the roadways and sidewalks, and the addition of street furniture. Utilizing the survey data collected by Psomas, 40 -Scale plan and profile drawings of the proposed street improvements will be prepared. 20 -scale details will be created for areas incompatible with the proposed 40 -scale plans. Construction and material details for special paving materials will be provided in accordance with the requirements of the City and it's urban planner. ADA site accessibility solutions created with City staff will be included on these plans. Nuvis will prepare streetscape improve- ment plans after consultation with City staff to confirm project require- ments. A more detailed description of Nuvis' efforts is presented in Appendix C. 9. Preparing drawings for signage and striping. Signing and striping plans will be based upon the recommended project geometries created in Task 2 of the design phase. Austin -Foust will prepare these plans in accordance with City standards and requirements. 10. Preparing drawings for the Balboa Pier parking lot including ticket booth with utilities and automatic entrance gate. Quarter -foot contours shall be shown. Both parking lot geometry and drainage are critical issues that need to be carefully considered. Final Balboa Pier parking lot geometries will be studied by Austin -Foust and discussed with City staff prior to the cre- ation of improvement plans. A more detailed description ofAustin- Foust's activities is presented in Appendix D. Psomas, along with Diaz - Yourman, will investigate alternate drainage solutions for the parking lot and confer with City staff to improve the drainage situation in the lot. 11. Preparing drawings for the reconstruction of the Balboa Pier Plaza including the exit from the A Street parking lot. The Balboa Pier Plaza is a focal point for improvements around the pier. Providing an outlet from the A Street parking lot will result in major traffic circulation improvements. The Psomas team will work closely with City staff to insure that these critical improvements are successfully developed and implemented. Nuvis is a the focal point of aesthetic improvements on the Psomas team and will be participating in early meetings with City staff to ensure their efforts are focused on the City's requirements. A more detailed description of their efforts is contained in Appendix C. Additional Task: During the Pre- proposal meeting, the City indicated that a timber pile retaining wall at the Balboa Pier must be replaced by a is concrete wall. The P S O M A S Team 1.5 / Scope of Work 00". 12. Preparing plan and profile drawings for the storm drain system. The consultant shall provide the backup calculations for sizing the catch basins and storm drain lines. The lack of significant topography in the Balboa Village area, coupled with extensive development in the area, causes an ongoing problem with drainage throughout the village. After existing topography is defined by the site survey, a hydrology study will be performed and a drainage system designed in accordance with the basic geometry presented by Attachment 3 of the City RFP. The goal of the drainage system will be to control surface runoff to the greatest extent possible within existing physical and financial constraints. As with other design tasks, City staff will be involved in reviewing and approving proposed improvements prior to preparation of final improvement plans. Initial work will include investigating improvements to the Pier parking lot drainage for review and approval by City staff. Non - traditional solutions, including porous paving, will be considered to alleviate runoff problems. Additional Task: A Notice of Intent (NOI) must be filed with the State Water Resources Control Board for the construction activities associated with this project. In conjunction with the NOI, a Storm Water Pollution Prevention Plan (SWPPP) must be developed to identify, control, reduce and /or eliminate sediment and other pollutants in storm water from the construction site. This effort is actually associated with all of the various constructed improvements but we have chosen to include the work within this task number as an accounting convenience. The work effort includes water sampling, laboratory testing, and analysis and reporting (listed in Appendix E — Diaz- Yourman as optional items 2A, 3A and 4A) 13. Preparing plan (and profile for lines larger than 10 -inch diameter) drawings for water main and service replacement (Attachment 5). A number of water mains and service laterals are being replaced by this project. A thorough review of City records and a well defined potholing program will identify and locate existing facilities. The basic configura- tion of the replacement facilities will conform with Attachment 5 of the City RFP. The City has indicated that existing systems are adequate but that the other work proposed by this project provide an opportunity to alleviate potential problems with a new system. An updated capacity and analysis study of the system is not necessary at this time. 14. Preparing plan and profile drawings for sewer main replacement (Attachment 5). As with Task 13, a number of sewer lines and laterals are being replaced by this project. Again, a thorough review of City records and a well - defined potholing program will identify and locate existing facilities. The basic configuration of the replacement facilities will conform with Attachment 5 of the City RFP, with the addition of a replacement lateral The PS OMAS Team $ 0 F PEW ART o e U S C'�C,F00.N�� Scope of Work for the restroom on Washington Street just south of Bay Avenue. The existing sewer system is aging and the other work proposed by this project provide the City with an opportunity to replace potential prob- lems with a new system. Because the replacement system must operate by gravity, there are tight geometric constraints and potential interference's from existing underground installations. Therefore, replacement components must be installed adjacent to the existing system and prior to it's demolition. An updated capacity and analysis study of the system is not necessary at this time. 15. Preparing street lighting drawings including the new conduit and conductor runs shown in Attachment 4. There will be special lighting treatment at the end of Washington Street at Edgewater as well as other special lighting as indicated on the attached Village exhibit. Special lighting treatments will be coordinated by Nuvis with City staff and the City's urban planner. After system components are identified, Austin -Foust will propose light locations and spacing to provide ad- equate lighting levels in accordance with City requirements. City staff and the design team will work together to finalize light locations prior to the preparation of final construction drawings. 16. Preparing drawings for parking lot lighting at the Balboa Pier Parking Lot. Lighting will include overhead lighting and interior pedestrian level lighting. Special lighting treatments in the Balboa Pier Parking Lot will be coordinated by Nuvis with City staff and the City's urban planner. After system components are identified, Austin -Foust will propose light locations and spacing to provide adequate lighting levels in accordance with City requirements. City staff and the design team will work together to finalize light locations prior to the preparation of final construction drawings. 17. Preparing traffic signal modification drawings for the intersection of Balboa Boulevard and Palm Street. Austin -Foust will prepare traffic signal modification plans for the intersection of Balboa Boulevard and Palm Street. The proposed modifi- cations must be compatible with the project geometrics approved by City staff. Coordination of this task with other project components is critical because existing conditions already restrict traffic circulation and disruptions caused by construction will aggravate an already tenuous condition. 18. Preparing detailed planting and irrigation drawings. This project includes the addition of numerous palm and other box trees. Consult- The P S O M A S Team 1 -7 0 E 0 ��W�� • Scope of Work 0 m� r ant shall coordinate with the City's urban forester in identifying tree removals within the project limits. Nuvis will be working with City staff to prepare detailed planting and irrigation drawings. Planting and irrigation concepts will be reviewed by the City prior to the preparation of construction drawings. All tree removals will be coordinated the City's urban forester before demolition plans are prepared by the Psomas team. 19. Preparing an odor control plan for the intersection of Bay Avenue and Washington Street. Environmental Support Technologies (EST) will be investigating the odor problem and working with City staff to determine an acceptable approach to solving the odor problem along Washington Street, espe- cially in the vicinity of Edgewater. An extensive description of the work effort and tasks proposed by EST is presented in Appendix F. 20. Research piping and electrical requirements for two future fountains and show piping and electrical stubouts on improvement drawings. The Psomas team will work with the City to identify future piping and electrical requirements for the two fountains identified in the Balboa Village Implementation Plan. One fountain will be located on Washing- ton Street between Bay Avenue and Edgewater, the other will be located in the Balboa Pier Plaza. Stubouts for electrical and water service to the ultimate locations will be included on the appropriate plans in the improvement package. 21. Research electrical requirements for a future clock tower at the intersection of Balboa Boulevard and Palm Street and show conduit on improvement drawings. The Psomas team will work with the City to identify future electrical requirements for the clock tower identified in the Balboa Village Imple- mentation Plan. The clock tower will be located at the northeast comer of Balboa Boulevard and Palm Street. Stubouts for electrical and service to this location will be included on the appropriate landscaping/ streetscape plans in the improvement package. 22. Preparing concept -level detour and traffic control drawings to guide contractor's preparation of final traffic control drawings. The traffic control drawings shall be prepared using the "WATCH" handbook as a guideline. The concept drawings shall show: • how traffic service for homeowners and business owners will be maintained, ` the contractor's staging area for equipment and materials, alternative parking areas for public use, and • access for emergency vehicles during construction. The P S O M A S Team ,A ! • � dEW �Rr 0 8.. C�<,FpaPd Scope of Work All of the major civil components of this project (street improvements, storm drain, sewer, water) will disrupt traffic circulation in an already difficult situation. Using the WATCH Handbook, Austin -Foust will work closely with City staff to create concept level detour and traffic control drawings to minimize negative impacts to the existing situation. At least one lane of vehicular traffic will be maintained in each direction of Balboa Blvd. during the project. Access for emergency vehicles will be maintained at all times during the construction project. 23. Preparing detailed written special provisions, bid documents, quan- tity estimates and cost estimates. The construction documents shall be formatted to allow for the project to be awarded in two phases. Project documents will be prepared with an eye to simplifying the creation of individual bid packages for the two phases described in the City RFP. A more complete description of Phase 1 and Phase 2 tasks is presented in Appendix A. The Phase I improvement package (Plans, Specifications, Schedule of Work and Bid Items) will be organized as a single construction project. Phase 2 Construction Drawings, the Specifi- cation, and the Schedule of Work and Bid Items will be organized to allow individual improvements to be independently bid. This will allow the City to package individual components separately and in combina- tion with each other as priorities are established. 24. Attending City Council and California Coastal Commission meet- ings if requested by the City. Assume four meetings. The Psomas team will be available to attend up to four City Council and California Coastal Commission meetings as requested by the City. CONSTRUCTION ENGINEERING ASSISTANCE When requested by the City, the Consultant shall be available for the following: 1. Attending pre -bid and pre- construction meetings The Psomas team will be available to attend pre -bid and pre- construction meetings. 2. Reviewing shop drawings and other submittals. Shop drawings and other submittals will be reviewed by the appropriate members of the Psomas team. 3. Monitoring construction progress, advising the City with respect to the contractor's general conformance to drawings and specifications, visiting the site, and making field recommendations. The Psomas team will coordinate site visits with City staff to monitor construction progress. Evidence of non - conformance to project drawings • and specifications will be brought to the attention of the City. Field recommendations will be provided at the request of City staff for issues within the expertise of the Psomas team. The P S O M A S Team 19 �taf'W ART • • Scope of Work O O U � C'�[f wORN�r 4. Revising the drawings and /or Special Provisions. The construction drawings and /or Special Provisions will be revised when necessary to accommodate changes caused by unforeseen field conditions and City requirements. The Psomas team will provide the City with timely documentation of additional fees to expedite the processing of change orders needed to prevent delay of construction operations. 5. Preparing addenda to the specifications. Addenda to the specification will be revised when necessary to accom- modate changes caused by unforeseen field conditions and City require- ments. The Psomas team will provide the City with timely documenta- tion of additional fees to expedite the processing of change orders needed to prevent delay of construction operations. 6. Preparing "as- built' drawings. The Psomas team will prepare Record Drawings based upon records and redlined construction plans prepared /maintained by the Contractor and City staff during construction. These services are available but not included in this Scope. If deemed necessary, an additional fee will be negotiated. Psomas I . City will provide atlas maps for existing underground City owned facilities (sewer, water, storm drain). 2. Utility potholing will be the responsibility of the City and/or the individual Utility Agencies. 3. Design of off -site improvements. 4. Agency fees (plan check and permitting) 5. Utility company design, application and service fees 6. Subdivision mapping and lot line adjustments 7. Special graphics /colored exhibits 8. Capacity design for sewer and water lines 9. Fire Flow test and calculations 10. Traffic counts 11. Post Construction Water Quality Management Plan (WQMP) 12. Entitlement Support 13. Off -site Hydrology and Hydraulic studies 14. Construction Management 15. Legal Descriptions and Exhibits 16. Construction Staking 17. Costs of City ordered blueline plan reproduction at times other than standard project submittals and meetings. The P S O M A S Team , -lo 0 Scope of Work 18. Extra meetings beyond I California Coastal Commission meeting, 2 City Council meetings, and up to 5 Community meetings before July 5. 19. Redesign caused by unknown site conditions Nuvis 1. Additional project team and agency coordination 2. Council (2), Commission (2), and community meetings (5) 3. Exhibits for Coastal Permit submittals 4. Exhibits for Council, Commission, and community meetings 5. Pedestrian and vehicular hardscape selection 6. Selection and location of street furniture 7. Selection and coordination of designated plants 8. Design development and construction documents for Balboa Pier Plaza. Proposal assumes that the City will provide street furniture and hardscape requirements for construction documents. 9. Construction documents for Washington Street restroom renovation 10. Design development and construction documents for one acre of Peninsula Park. Proposal assumes that the City will provide new hardscape and site amenities, including the bandstand conversion and planting for the one acre parcel. 11. Retain electrical engineer for special light construction documents. Nuvis is available to help with fixture selection and provide com- plete electrical engineering construction documents for specialty lighting. Environmental Support Technologies, Inc. 1. Health Risk Assessment Scope Exclusions: 1. Acoustic engineering and sound reports 2. Archeo /paleo reports and monitoring 3. Shoring calculations and plans 4. Fencing /gates /gate operating mechanisms The P S O M A S Team , -„ 0 P S O M A S 9 Exhibit "A" Scope of Work and Fees: The City of Newport Beach asked for Supplemental Fees and the Descriptions of Tasks per our discussion on May 4, 2000. Psomas has identified 4 additional tasks: Prepare plans for storm drain extension to Balboa Pier Parking Lot. The storm drain will most likely extend up Washington Street from Balboa Boulevard to the parking lot. A review of the geometry indicates that a lateral will be required to provide full coverage of the lot. Two additional plan sheets will be required to provide this coverage. The additional work required includes: additional detail in the hydrology report; more hydraulic calculations to design catch basins, local depressions, and size pipes; and additional coordination to insure full coverage by potholing, two extra plan and profile sheets. Proposed Fee: $ 11,510 • Participate in additional coordination meetings and field visits than originally assmned for the preliminary phase of the work. Field visits by Psomas and City staff will insure that individual details are properly addressed by the Psomas team. We have estimated an extra 50 hours of Project Manager time, along with 10 hours for a Project Engineer and 10 hours for a Project Assistant to prepare minutes of meetings and distribute information to team members. Proposed Fee: $ 8,160 An inventory of traffic control and information signs will be performed. Individual signs will be located by Psomas survey crews and a detailed summary of sign contents will be prepared. Psomas will create an exhibit and summary table of informational and traffic control signs within the Balboa Village area (Balboa Blvd / Oceanfront / Bay Ave. / Edgewater from Adams St. to A St.; Palm St. / Washington St. / Main St. from Balboa Pier / Parking Lot to Edgewater). Psomas will work with Austin -Foust and Nuvis to develop a complete "sign" package for Balboa Village. Traffic Control Signs will be located per the WATCH Manual. Nuvis and City staff will work together to develop a theme for informational signs. The additional work covered by this task addresses Psomas efforts only. Nuvis' scope and fees are presented in their proposal for supplemental work. 0 Proposed Fee: $ 4,038 P S O M A S Exhibit "A" (continued) 0 During the creation of the Odor Control construction documents, Psomas will be responsible for investigating, potholing and locating existing utilities for EST. This will allow EST to prepare improvement plans that can be installed with minimum disruption of existing utilities. This effort will be separate from the effort needed for storm drain, sewer and water facilities because the Odor Control system will not be designed until the preliminary odor control survey and report are complete. Please note that if the Odor Control plans are to be included in Phase 1 of the project, there is a risk that the Phase 1 plans may be delayed because the City will have to approve EST's proposed solutions before the plans can be created. This will necessarily occur after EST's investigation and report have been reviewed and approved by City staff. Proposed Fee: $ 1,213 Supplemental Services Proposed by Nuvis: Provide project team and agency coordination including meetings with City staff, consultants, and field reconnaissance. Attend Council (2), Commission (2) and community group meetings (5). Provide design development information for pedestrian and vehicular hardscape material, color and texture selections for street intersections and pedestrian realm areas in conjunction with City's urban planning consultant. Provide design development information, selection, and location of street furniture and hardscape and associated construction documents for plaza at entrance to Balboa Pier to include parking lot interface in collaboration with City's urban planning consultant's preliminary design. Proposed Fee: $ 14,995 Supplemental Services Proposed by Environmental Support Technologies • See attached description. Proposed Fee: $ 6,260 0 0 0 REQUEST FOR PROPOSAL March 23, 2000 PROFESSIONAL ENGINEERING SERVICES FOR BALBOA VILLAGE IMPROVEMENT PLAN A. DESCRIPTION AND LOCATION OF PROJECT The Balboa Village Improvement Plan consists of six primary elements and includes: 1. Constructing Balboa Boulevard street and drainage improvements from A Street to Adams Street. 2. Constructing Balboa Village pedestrian and streetscape improvements including the Bay AvenuefW ashington Street Parking Lot. 3. Reconstructing the Balboa Pier Parking Lot. 4. Replacing sewer lines, water mains and streetlights. 5. Reconstructing a portion of Peninsula Park. 6. Performing an odor survey in the vicinity of the intersection of Bay Avenue/Washington Street and preparing an odor control plan. In preparation for this project, the City of Newport Beach has prepared preliminary reports and plans which shall be used in the preparation of the construction documents. The reports and plans are described below. The Balboa Village Pedestrian and Streetscape Improvement Plan (Village Plan), prepared by Planning and Urban Design Resources, shows enhanced streetscape improvements for an area roughly bounded by Edgewater, Adams Street, Ocean Front and A Street. It includes street and sidewalk improvements on Balboa Boulevard from Adams Street to A Street, construction of a parking lot on Bay Avenue between Main Street and Palm Street, improvements within a portion of Peninsula Park adjacent to Main Street, improvements to the Balboa Pier plaza, and addition of a driveway egress from the A Street parking lot. Excerpts from the report are shown in Attachment 1 including a schematic of proposed improvements. • Austin -Foust Associates has prepared the concept plan for reconstructing the Balboa Pier Parking Lot. A portion of the landscaping enhancements for the parking lot is also shown in the Village Plan. Excerpts from the report are attached including a schematic of the proposed improvements for the parking lot (Attachment 2). • The City of Newport Beach has prepared preliminary street improvement plans for Balboa Boulevard from Main Street to Adams Street. The plans also show a proposed storm drain system in Balboa Boulevard and Washington Street that will tie into an existing storm drain system. An exhibit of the proposed storm drain alignment is shown in Attachment 3. F: \User \PBW \Shared \Balboa Village \RFP \RFP 032100.do 0 0 New street lights and circuitry will be installed with this project. This will include converting the obsolete 5000 -volt series street light circuits into a new multiple circuit street light system with new poles and conduits (Attachment 4). New conduit will be extended to the lights along Edgewater as part of the series circuit conversion. Also, a lighting system will be installed within the Balboa Pier parking lot. • Sewer and water lines will be replaced. See Attachment 5. All elements of this project will be designed and environmentally cleared as one project. The combined design project will be submitted to the Coastal Commission in one application for Commission approval. The project will be constructed in two phases. Phase 1 consists of the Balboa Pier Parking Lot improvements, the Pier Plaza improvements, the Main Street connection to the A Street Parking Lot, and the Balboa Boulevard improvements. Phase 2 (which could be split into sub - phases depending on funding) would construct streetscape improvements from Ocean Front to Edgewater, as well as Peninsula Park. B. SCOPE OF SERVICES The project improvements include construction or modifications of streets, parking lots (including electric gates and tollbooths), sidewalks, storm drains, sewer, water, street lighting, planting and irrigation, park modification, traffic signal modification, and odor control. In preparation for a future clock tower and two fountains, this project will install the plumbing and electrical conduit for these features. For this project, the Consultant shall be responsible for complete pre- design and design services, as well as construction engineering assistance. As the project will be constructed in at least two phases, construction documents shall be prepared to allow for multiple bid packages. PRE - DESIGN TASKS Pre - Design services include: 1. Reviewing and commenting on the conceptual studies previously prepared for this project. 2. Confirming project requirements. 3. Developing the detailed design parameters for the project. 4. Confirming CADD format, layering and GIS attribute requirements for construction documents. 5. Recommending construction materials. 6. Providing a detailed program for the field survey. Survey control shall be established using the County's GPS coordinate system. 7. Confirming locations and performing four borings for the proposed storm drain system (ten feet below ground surface (bgs)) and ten corings (two feet bgs) within the streets. 8. Providing recommendations for conducting an odor survey and conducting an odor control survey. 9. Preparing a preliminary construction cost estimate. 0 10. Coordinating with Orange County Sanitation District (OCSD) in its planning for pump station modifications. 11. Coordinating with the Consultant who is designing the Washington Street restroom. DESIGN TASKS Design services include: Surveying the project site and preparing a fully dimensioned drawing. The Consultant shall use his expertise in determining the level of survey required for this project. The survey shall be tailored such that: a. the project drains properly, b. all proposed improvements properly join existing features, and c. enough information is available to review the proposed design and to accurately calculate quantities. Because the area is very flat, as a minimum, survey information along the streets should be provided every 50 feet. Additional survey will be required at all critical areas. 2. Preparing a fully dimensioned site plan along with recommendations for project geometrics. 3. Identifying right -of -way and property acquisition and preparing legal descriptions and exhibits for these areas. Assume two legal descriptions. 4. Preparing exhibits required by the City for submittal for a Coastal Development Permit. 5. Preparing exhibits and providing information required by the City of Newport Beach for preparation of the environmental documents. 6. Coordinating with the OCSD in its redesign of the pump station and sewer mains on Balboa Boulevard at A Street. 7. Preparing drawings showing demolition (and protection) of streets, parking lots, utilities, trees and other landscaping. 8. Preparing plan and profile drawings for roadway improvements. Street improvements shall include interlocking -paver intersections, special paving materials for the roadways and sidewalks, and the addition of street furniture. 9. Preparing drawings for signage and striping. 10. Preparing drawings for the Balboa Pier parking lot including ticket booth with utilities and automatic entrance gate. Quarter -foot contours shall be shown. 11. Preparing drawings for the reconstruction of the Balboa Pier Plaza including the exit from the A Street parking lot. 12. Preparing plan and profile drawings for the storm drain system. The consultant shall provide the backup calculations for sizing the catch basins and storm drain lines. 13. Preparing plan (and profile for lines larger than 10 -inch diameter) drawings for water main and service replacement. See Attachment 5. 14.Preparing plan and profile drawings for sewer main replacement. (Attachment 5) 15. Preparing street lighting drawings including the new conduit and conductor runs shown in Attachment 4. There will be special lighting treatment at the end of Washington Street at Edgewater as well as other special lighting as indicated on the attached Village exhibit. 0 0 16. Preparing drawings for parking lot lighting at the Balboa Pier Parking Lot. Lighting will include overhead lighting and interior pedestrian level lighting. 17. Preparing traffic signal modification drawings for the intersection of Balboa Boulevard and Palm Street. 18.Preparing detailed planting and irrigation drawings. This project includes the addition of numerous palm and other box trees. Consultant shall coordinate with the City's urban forester in identifying tree removals within the project limits. 19.Preparing an odor control plan for the intersection of Bay Avenue and Washington Street. 20. Research piping and electrical requirements for two future fountains and show piping and electrical stubouts on improvement drawings. 21. Research electrical requirements for a future clock tower at the intersection of Balboa Boulevard and Palm Street and show conduit on improvement drawings. 22.Preparing concept -level detour and traffic control drawings to guide contractor's preparation of final traffic control drawings. The traffic control drawings shall be prepared using the "WATCH" handbook as a guideline. The concept drawings shall show: • how traffic service for homeowners and business owners will be maintained, • the contractor's staging area for equipment and materials, • alternative parking areas for public use, and • access for emergency vehicles during construction. . 23. Preparing detailed written special provisions, bid documents, quantity estimates and cost estimates. The construction documents shall be formatted to allow for the project to be awarded in two phases. 24.Attending City Council and California Coastal Commission meetings if requested by the City. Assume four meetings. CONSTRUCTION ENGINEERING ASSISTANCE When requested by the City, the Consultant shall be available for: 1. Attending pre -bid and pre- construction meetings. 2. Reviewing shop drawings and other submittals. 3. Monitoring construction progress, advising the City with respect to the contractor's general conformance to drawings and specifications, visiting the site, and making field recommendations. 4. Revising the drawings and /or Special Provisions. 5. Preparing addenda to the specifications. 6. Preparing "as- built" drawings. C. GENERAL REQUIREMENTS All drawings and design specifications shall be prepared in accordance with requirements of the City of Newport Beach "Design Criteria, Special Provisions and Standard Drawings for Public Works Construction," 1994 Edition, which incorporates the "Greenbook" specifications titled, "Standard Specifications for Public Works Construction," latest revision. Design will adhere to ADA requirements. All specifications and drawings shall be subject to final review and acceptance by the City of Newport Beach, Public Works Department. Signing and striping drawings shall be prepared per Caltrans latest revision of standard plan details. 2. The Consultant shall prepare the drawings in AutoCad, Release 14 or 2000. The Consultant shall plot final drawings on City standard mylar sheets. Special Provisions and Contract bid documents shall be prepared in accordance with the City requirements. 3. Drawings shall include all details and information required for plan check, bid and construction purposes. The electronic files shall be formatted for use in construction staking. 4. Approved drawings, special provisions, contract documents and any appendices, shall be signed by the Consultant and submitted for City signatures. 5. A detailed preliminary cost estimate shall be submitted early in the design phase. The cost estimate shall be regularly updated and submitted to the City for review. 6. The City plans to submit completed drawings to the California Coastal Commission by January 2, 2001. To meet this submittal date, the City is looking for timely submittals by the Consultant to confirm that design and schedule requirements are met. The following schedule is offered as a guideline. May 23, 2000 .................. Notice To Proceed June 27, 2000 ................Submit compiled survey of existing conditions July 5, 2000 .................. Submit proposed horizontal control plan, site plan, street striping layout, and parking lot striping August 1, 2000 .............. Submit street, parking lot and utility 'redlines' September 21, 2000........ 75% complete drawings November 1, 2000...........90% complete drawings /specifications December 1, 2000 ...........95% complete drawings /specifications December 15, 2000 .........Final submittal drawings /specifications December 29, 2000 .........Drawings and specifications signed by City As soon as the redline drawings are available showing how the project design requirements are being met, the Consultant shall bring the redlines to the City for review by City staff. Redline drawings shall show all street, cross slope and flow line grades. The drainage pattern and storm drain system shall be fully thought out. Critical issues shall be identified (e.g. utility conflicts, ADA design conflicts, geometric problems) with proposed solutions. . The seventy -five percent complete drawings submittal shall include complete information on the plan and profile drawings for the streets, storm drain, sewer, and water; complete information on the drawings for the parking lot, striping, signal modification, and odor control system; and complete plan layout for the irrigation and 5 9 0 planting. While drawing details do not have to be complete for this submittal, details of is critical items, shall be submitted. 7. The City encourages frequent informal reviews to keep staff fully informed. The City anticipates a two -week period for review of formal submittals provided staff is kept fully informed of project progress. The City reserves the right to require that the Consultant add extra staff or work weekends if it appears that the project is falling behind schedule. No additional costs will accrue to the City for this situation. 8. The project manager shall be responsible for the day -to -day communications with the City and the supervision of construction document preparation. The demands of the project schedule will require that an experienced project manager, project engineer and design team be dedicated to this project. We expect that the design team will be 100 percent engaged as soon as the survey becomes available. Coordination meetings with City staff should be incorporated into the tasks listed in the scope of work. 9. It is important that key members of the team remain on the project through design completion. The City must approve any changes in the key personnel and will have the right to reject proposed changes. Non - approved changes in key personnel will be considered a breach of the contract and cause for termination. 10.The Consultant shall be responsible for completing the specified services in accordance with the City's standard "Professional Services Agreement" (See Attachment 6), which will be prepared by the City. Services specified in this agreement shall be taken directly from the Consultant's Proposal and from this "Request for Proposal ". The primary components and provisions of the agreement shall include liability insurance coverage and errors and omissions insurance coverage in the amount of one million dollars ($1,000,000). The City must be a "named insured" on all required policies. 11. Cost for reproduction shall be included in the Consultant's proposal. This budget amount shall include the costs of reproduction of all progress drawings and mylars. The City will reproduce the final drawings from mylars, as well as reproduce the final specifications. 12.This Request for Proposal does not commit the City of Newport Beach to pay costs incurred in the preparation of a response to this request. No work may begin until the "Professional Services Agreement" is executed and the City issues a Notice to Proceed. 13.AII data, documents, and other products used or developed for this project shall remain in the public domain upon completion of the project. Similarly, all responses to this Request for Proposal shall become the property of the City of Newport Beach. Is 14.The method of payment upon negotiation of a contract shall be monthly payments based upon percent of tasks performed and the submission of requests for reimbursement. 6 • • D. CITY'S RESPONSIBILITIES The City will: 1. Provide reference drawings as are available and appurtenant to the proposed project. 2. Provide survey records and easement information, as are available and appurtenant to the project. 3. Provide street, utility, traffic, landscaping, and irrigation design criteria, hydraulic data and other technical information, as are available and appurtenant to the project. 4. Retain the services of an urban planner to provide planning continuity during the preparation of construction documents. The urban planner will provide additional concept information for use in the design of the park. The urban planner will be available to answer Consultant questions on the details for the streetscape, landscape, street furniture, and project materials. 5. Provide information on interlocking -paver material, color and construction methods. 6. Provide construction inspection. 7. Prepare, submit and process the Coastal Commission Permit. 8. Prepare the environmental documents. 9. Appoint a staff engineer to be the Consultant's primary point of contact with the City. 10. Acquire right -of -way and property. 11.Provide final reproduction of the drawings from the mylars prepared by the Consultant and final reproduction of the specifications. E. PROPOSAL CONTENTS The proposal shall be clear and concise. Boilerplate and generic marketing materials should be excluded from the proposal. 1. Using the tasks listed in Section B for the pre - design, design and construction engineering assistance phases, prepare the scope -of -work for the project. Each task shall be succinctly stated with details provided only as needed to define understanding of or methodology for the task. Use the same numbering scheme of Section B. Each task shall include a detailed estimate of person -hours (broken down by job classification) required to complete the task. The Consultant is encouraged to indicate additional tasks that are required or will streamline the schedule for the design or construction phases. These additional tasks should be added at the end of the appropriate phase of work. 2. Provide a statement expressing understanding and agreement with the General Requirements of Section C. 3. Provide comments to the City's standard "Professional Services Agreement" (Attachment 6). If there are no exceptions, provide a statement to that effect. 7 0 0 4. Provide information of five projects of similar size and complexity that have been performed in the last seven years. For each project, list the staff shown in this proposal that worked on the project. Provide the name of the agency contact person and telephone number. For each project, describe a project management technique that was used to facilitate the design of the project. Descriptions should be succinct. 5. Identify the project team and subconsultants. Provide an organizational chart and resumes for each team member. The Consultant's primary representative shall be a licensed Civil Engineer. Specific responsibilities of each team member and subconsulant shall be detailed along with anticipated total effort, expressed in percentages of total work hours. 6. Provide a more detailed write -up on the experience of the project manager and project engineer on similar projects. Explain how the project manager in the past has been able to accommodate on -going adjustments to the project design while maintaining project schedule and budget. 7. Prepare a project schedule. The schedule shall include the number of calendar days required to perform each task, beginning and ending dates, and linkages. The schedule shall include milestones for drawing submittals and proposed meetings. 8. In a separate, sealed envelope, submit a not -to- exceed amount for the services to be provided. The fee shall be broken down by tasks, job classification (design team and subconsultants) and hours for the pre- design, design and construction engineering assistance phases, and shall include miscellaneous costs such as travel, reproduction, computer costs, clerical support, communication and other costs. The City reserves the right to eliminate tasks from the scope of work, and reduce the not -to- exceed amount by the cost of the task eliminated. The Consultant shall enclose the company's fee schedule, as well as a fee schedule for each subconsultant, outlining all applicable hourly rates and costs for services. F. SELECTION PROCEDURE A review committee comprised of City staff will review the proposals. The successful Consultant will be selected based on the experience of the key personnel, the expertise of the project team as demonstrated on previous projects, and the clarity and conciseness of the proposal. The City may choose to invite the top candidate(s) for an interview prior to selection. END Attachments 1. Excerpt from the Balboa Village Implementation Plan 2. Excerpt from the Balboa Pier Parking Lot and Main Street Access Improvements Report 3. Exhibit showing the preliminary design layout for the storm drain system. 4. Exhibit showing the new street lighting, conduit and conductors. 5. Exhibit showing water and sewer lines to be replaced. 6. City's standard "Professional Services Agreement" 8 rJ Project Team— Organization Chart [wonM•f Gail Pickart, PE Project QA /QC — Peer Review Surveying /Mapping PSOMAS Kari Lauren, PLS Survey Advisor Christy Eberhardt Photagrommetrist QA/QC — Peer Review Lonny Sheek, PLS Bob Stein, PE Senior Civil Engineer Neil Gillis, PE Project Manager Land scaping /Streetscape NUVIS Leslee Temple, FASLA Robert Cardozo, FASLA Traffic /Transportation Austin -Foust Associates Joe Foust, PE Geotechnical Diaz - Yourman & Associates Allen Yourman, PE, GE Odor Control Environmental Support Technologies Kirk Alan Thompson. RG. C.HG. Gary Dysart, PE Officer—in—Charge/Advisor Street/SewerlWater /Storm Drain PSOMAS Pavel Horn, PE Jennifer Counois, PE Gary Hommerle, PE The P S O M A S Team st - --------- i i 1 lj4 Im m > 0 8 i i 1 lj4 Im m N d I 1- c O el m m O q C � m m d ri IL N N ............................... ................................ ....................... ... ............... ............ ...................c ....LL........................ - ....E ...... ..... n ............... N �.. N ry......................................................................................... � S � a O o m C O � g i4 N Y c c 6 L a Q 3 .3 N b tll U `m N 0 3 U c m z n c u n d a �- p U � o � L S c W Q ^ L �Z �O Q 0 m O pp �} O s = 9 V = o � f n a'M1 o........................................................................................ ............................... .... ............................... ..................................................... ............................... ......................................... ............................... ............................. ............................... °m a N O O P p O a > w g L m o �. E � U V U E y d c E u e e $ c u c � Lm m O U a - - U � _ m � m O - I , j m i � Im ja '^ 3 �m �� I '¢ 1¢ ¢ ¢ � m iS :d m m m `m m m $ m r �o� � a �a o �� I°P w o b E a i m E x- E a - E 's I- •b m IE m ..e m b m b m w m > m ;E l E b b lb Ib b m D7 o• � s ti m l 3 $ N N !n Z m 1¢ U O U a �a d` U p N N 'N n ..9 O� N IlN �N N N d 0 �N m I'J i� �J J .J m m x L Sm IjD .. q3 N N P S O M A S 9 ,0 BALBOA VILLAGE NEWPORT BEACH PSOMAS — STAFF BILLING RATES PD Project Director Gary Dysart PM Project Manager Neil Gillis PE Project Engineer DE Design Engineer CT CAD Technician AE Assistant Engineer C Consultant Pavel Horn Jennifer Courtois Gary Hammerle Matt Heideman Anthony Tsui Trang Nguyen Pearl Abarca Cong Nguyen Veronica Gouveau Anna Ramirez Derek Hicks Gail Pickart PA Project Assistant Deanna Gate Cheryl Martinez Senior Project Manager Kad Lauren Senior Project Manager/Technical Manager Lonny Sheek Project Manager John Eberhart Project Surveyor Rick Tetreault Project Surveyor Charlie Lauman Senior CAD Technician Riitta Newhouse Assistant Surveyor Ryan Versteeg Assistant Surveyor Lam Le Project Manager - Digital Imaging Christy Eberhart Surveyors (2 man crew — Party Chief / Chainman) Chris Hanson / Glenn Stringer Karl Loveys 1 Lewis Lesh Jim Russo /Dan Garcia Paul Granell / Ignacio Julian EXHIBIT "B" $139 $125 $116 $116 $116 $116 $116 $116 M $ 78 $ 75 $ 75 $ 75 $ 85 $ 60 $ 60 $139 $116 $125 $116 $ 88 $ 88 $ 78 $ 88 $ 88 $178 $178 $178 $178 N TVIS Billlrag Rates 0 Name Title Billln g Rate Robert R. Cardoza Senior Principal $110.00 Leslee A. Temple Senior Princi al 5110.00 Robert W. Stone Senior Principal $110.00 Perry Cardoza Princi al $110.00 Tom Munoz j Principal $110.00 Jaime Rios Designer $ 85.00 Linda Forde CADD Tech I $ 70.00 Lamont Klecker CARD Tech I $ 70.00 Chris Atencio CADD Tech II $ 55.00 Robert Frisbie Draftsperson I $ 45.00 Scott Downey Draftsperson 11 $ 35.00 May 11, 2000 r. 212'd 69S, OW WHE0:0T 0002'TT'1,HW 0 0 0 10:06 AN DIAZ YOURHAN M) A�SSOCIA 1)t AZ Y 0 U It N1 A N 17, A �'S 0 C I Al Gs 0 9 Rltn: May ll,2000 To Mr. Neil Gillis Psornns & Associates FrTK: 714-545-8883 Phone: 714751-7373 cc: Subia-u Balboa Improvemeot Project Howly Reitknc by tndividual Cior..lh! Pd. Diaz Ali Witiarmrich Titnoil-tv, -i C, 110 Diaz Karon Diaz Phyllis l Mershon f'Ie ice call if you nood any further information. FAX 110, 714+836+8741 0 Project No: 00-054 From: Ms. Leslie Din Pages: I (including cover) Original to follow: Yos X No P. 01 May 11 00 10:19a n tin -Foust 1714) 667 -7952 p.2. • arWAIISAMFOIISl ASSOCIATES, INC. TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92705 -7827 Effective January 1, 2000 AUSTIN- FOUSTASSOCIATES, INC. INDIVIDUAL RATE SCHEDULE TELEPHONE (714) 667 -0496 FAX (714) 667 -7952 E -mail: mail @austinfoust.com CATEGORY HOURLY RATE Principal Terry Austin $135 Joe Foust $135 Design Engineer Rick Chavez $105 Transportation Engineer Cathy Lawrence $95 Jamie Anderson $90 Pat Kelley $SO Design Drafter Rob Steaffens $70 Technical /Clerical Connie Woodward $55 Joanne Herbel $50 Direct expenses billed as actual costs �.J 0 I 05! 11 / 2090 0'3:52 5454570564 • EN %/ I RONN EN TA'_SUPPi7R T • PAGE 02/02 Table 1 Staff Identification and Billing Rates PSOMAS Balboa Village Project Y!4W PSG WS &'LnJ Rib Name Job Title Staff I.D. Billing Rate (Per Hour) Kirk Thomson, R.G.. C.HG., R.E.A. Project Manager P5 $700 Michael Tye, R.G. Project Geologist P3 $80 Duy Mai Senior Environmental Chemist Chem $65 Martin Kilhullen Senior Environmental Technician Tech II $50 Alex Chapman Environmental Technician Tech I S45 Marcheal McCullough Technical Support Staff TI $45 Marialena Zagari Office Support Staff OS II $35 0 TO: Mayor and Members of the City Council FROM: Public Works Department 0 February 22, 2000 0 CITY COUNCIL AGENDA ITEM NO. 26 SUBJECT: PHASING AND ESTIMATES FOR THE BALBOA VILLAGE PEDESTRIAN AND STREETSCAPE IMPROVEMENT PLAN (VILLAGE PLAN) AND THE BALBOA PIER PARKING LOT IMPROVEMENTS RECOMMENDATIONS: A. Direct staff to solicit proposals for professional services to: 1. Proceed with the design of the Balboa Pier Parking Lot per the Village Plan and the Austin -Foust Associates concept plan. 2. Proceed with the design of Balboa Boulevard from A Street to Adams Street per the Village Plan and Public Works Design Criteria for streets and drainage. 3. Proceed with the design for the Village Plan pedestrian and streetscape improvements. B. Direct staff to proceed with environmental clearances and permits. C. Direct staff to pursue forming a property owner - funded Underground Utility Assessment District. D. Direct staff as to the preferred option for the upgrade of Peninsula Park. DISCUSSION: Balboa Village Pedestrian and Streetscape Improvement Plan (Village Plan) The Village Plan was prepared by Planning and Urban Design Resources and presented to the City Council during the December 13, 1999, Study Session. Staff was directed to review the improvement plan, prepare a cost estimate, propose a funding plan, and prepare a project schedule. The Village Plan shows enhanced streetscape improvements for an area roughly bounded by Edgewater, Adams Street, Ocean Front and A Street. It includes improvements on Balboa Boulevard from Adams Street to A Street, as well as within a portion of Peninsula Park adjacent to Main Street. is SUBJECT: Phasing and Estimates fo Balboa Village Pedestrian and Streetscape Improlent Plan and Pier Parking Lot Redesign February 22, 2000 Page 2 Coupled with the Village Plan is the proposed upgrade of the Balboa Pier Parking Lot per the concept plan prepared by Austin -Foust Associates. The parking lot concept plan was approved by the City Council in Study Session on October 25, 1999. This parking lot plan, in addition to the planned street and drainage improvements along Balboa Boulevard, will be combined with the Village Plan so they can be designed and environmentally cleared as one project. The combined design project will be submitted to the Coastal Commission in one application for overall approval. The construction can be phased as funding becomes available. The project is divided into 3 phases. Phase 1 would construct the Balboa Pier Parking Lot improvements, the Pier Plaza improvements, the Main Street connection to the A Street Parking Lot, and the Balboa Boulevard improvements. Phase 2 (which could be split into sub - phases depending on funding) would construct the Balboa Village streetscape improvements from Ocean Front to Edgewater. Phase 3 is a future project to construct improvements along Edgewater. The Village Plan also will require the acquisition of the 3000 square foot parcel on the southwest corner of Bay Avenue and Washington Street for parking. The Public Works Department reviewed the Village Plan traffic circulation concept and believes the following changes will be necessary: 1. The Village Plan calls for widening the sidewalk on both sides of Balboa Boulevard from 6 (or 8) feet to 14 feet. The resulting 40 -foot street width (curb to curb) would yield 4 lanes, each 10 -feet wide requiring vehicles in the outside lanes to drive in the 2 -foot gutter. Both outside lanes will be widened 2 feet to provide for a 10 -foot driving lane width. This modification would still allow for 12 -foot wide sidewalks along Balboa Boulevard. 2. Proposed angle parking on Balboa Boulevard will have a severe impact on traffic flow and will need to be eliminated. The angle parking would reduce Balboa Boulevard to one lane westbound and vehicles waiting for someone to leave or motorists backing out of a stall would block all traffic exiting the peninsula. 3. Several parking spaces near A Street need to be deleted in order to ensure access to County Sanitation District facilities. 4. The plan proposes to eliminate two, well -used commercial loading zones on Bay Avenue. At least one loading area must be maintained or commercial vehicles will be forced to park in a traffic lane. 5. During the design phase when precise dimensions of parcels and streets have been determined, adjustments in the plan will be made to conform to the City's design standards. SUBJECT: Phasing and Estimatothe Balboa Village Pedestrian and Streetscape Im0ment Plan and Pier Parking Lot Redesign February 22, 2000 Page 3 With regard to an on -going odor problem at Bay Avenue at Washington Street, staff recommends that methane abatement measures be incorporated into the design of the streets. As an additional consideration, staff recommends that property owners be asked to participate in forming an Underground Utilities Assessment District to complete the upgrades in this neighborhood. The estimated cost of the assessment district is $1 million. The cost of the assessment district is not considered in the cost for the Village Plan. Total Project Cost A cost estimate was prepared for Phase 1 (Balboa Pier Parking Lot, Pier Plaza, connecting driveway to `A' Street Parking Lot, and Balboa Boulevard) and Phase 2 (Balboa Village streetscape, excluding Edgewater). Costs for Phase 3 improvements along Edgewater are not included in the estimate. Quantities were estimated using the Balboa Village Improvement Plan prepared by Planning and Urban Design Resources and the Balboa Pier Parking Lot concept plan prepared by Austin -Foust Associates. The approximate cost for construction and property acquisition is $5 million. This estimate contains construction items that may not have been included in previous cost estimates such as demolition and removal costs, paving on Balboa Boulevard, irrigation, lighting conduit and conductors, methane abatement, and traffic signal modifications. This estimate also includes costs for property acquisition. The construction and property acquisition costs for Phases 1 and 2 are modified as shown in Table 1 to arrive at the Total Project Cost. Table 1: Total Project Costs Construction and Property Acquisition Costs Design engineering, permitting, environmental studies, and construction services (25% of construction costs) Total Project Cost without Contingency Contingency for unknown construction items that will be revealed during final design and construction (25% of construction costs). Total Project Cost with Contin $5,000,000 $1,250,000 $6,250,000 $1,250,000 $7 9 E C� 11 0 SUBJECT: Phasing and Estimates to Balboa Village Pedestrian and Streetscape ImprJent Plan and Pier Parking Lot Redesign February 22, 2000 Page 4 The total project cost for Phases 1 and 2, including engineering design, construction services, property acquisition, and a 25% construction contingency, is estimated to be $7.5 million. Budget Requirements Table 2 shows the distribution of the costs for constructing the two phases of the Village Plan over the 4 -year time period estimated to complete the project. Table 2: Budget Requirements Task Description Engineering Design, Environmental Documents, Permits Phase 1 Pier Parking Lot Pier Plaza Lot A connecting driveway Balboa Boulevard Construction Services Total Phase 1 Cost Phase 2 Property Acquisition Oceanfront to S/o Balboa Blvd. N/o Balboa Blvd. to Edgewater Peninsula Park improvements Construction Services Total Phase 2 Cost Task Cost' Recommended Budget per Fiscal Year 1999 -00 2000 -01 2001 -02 2002 -03 $500,000 $500,000 $790,000 120,000 50,000 1,630,000 310,000 $2,900,000 $350,000 1,150,000 2,080,000 80,000 440,000 $4,100,000 Total Project Cost $7,500,000 $500,000 Task cost includes a 25 percent contingency. $790,000 $120,000 $50,000 $1,630,000 $310,000 $350,000 $1,150,000 $440,000 2003 -04 $2,080,000 $80,000 $0 $2,900,000 $1,940,000 $2,160,000 The current budget provides off - street parking funds and CDBG funds totaling $600,000 for the Balboa Pier parking lot and peninsula revitalization. $500,000 of this budgeted amount will be used for the preparation of the engineering design documents, environmental documents, and permit applications. The design would be prepared for both phases of the project at the same time. Design would begin in spring 2000. The design, environmental clearances, and permitting would be completed by July 2001. SUBJECT: Phasing and Estimate 0he Balboa Village Pedestrian and Streetscape Im ment Plan and Pier Parking Lot Redesign February 22, 2000 Page 5 Construction would begin on Phase 1 in FY01 -02 at an estimated cost of $2,900,000. Phase 2 construction costs are approximately $4,100,000. Table 2 shows the funding for Phase 2 split over two fiscal years beginning in FY02 -03. The proposed improvements within Peninsula Park include upgrading the pavilion gazebo to a bandstand and providing uplighting on the existing palms. The cost for these improvements, as shown in Table 2, is $80,000. Another option envisions a more extensive refurbishment of the park to include a grass area around the bandstand for outdoor seating, relocation of the flight monument, new irrigation system, new landscaping, and new hardscape. While additional conceptual design is required to define costs, a rough estimate of cost ranges from $250,000 to $350,000. Maintenance Costs The cost for providing an enhanced level of landscape maintenance within the business district, including frequent pruning, daily litter removal, maintenance of `color' areas, and weekly adjustment of the irrigation, is approximately $1,200 per month. While additional review is required, it appears that the pavement and sidewalk enhancements will require increased routine maintenance to keep the surfaces clean. The cost per day for a steam cleaning crew and pollutant disposal is approximately $1,000. At 1 day per month the cost would be approximately $12,000 per year. Funding Sources As outlined in the December 13, 1999, staff report to the Mayor and City Council, the additional project costs can be partially funded from the Community Development Block Grant (CDBG), the Off - Street Parking Fund, and the Neighborhood Enhancement Reserve Fund as follows: The City may borrow against future CDBG allocations for approximately $2,000,000. 2. The Off - Street Parking Fund has a FY 1998 -1999 balance of $690,000, of which $430,000 is committed to the Balboa Pier Parking Lot. 3. The Neighborhood Enhancement Reserve Fund has a FY 1998 -1999 balance of $479,000, with anticipated annual receipts of approximately $240,000. 4. It is anticipated that $700,000 in Gas Tax funds will be available in FY 2001 -2002 for roadway related improvements. • 10 0 0 SUBJECT. Phasing and Estimates to Balboa Village Pedestrian and Streetscape Impro0nt Plan and Pier Parking Lot Redesign February 22, 2000 Page 6 Table 3 indicates funding sources for the project. Table 3: Funding Sources Engineering Design & Environmental Documents Neighborhood Enhancement Off Street Parking Phase 1 - Balboa Blvd, Pier Parking Lot, Pier Plaza, A St. Parking Lot Driveway CDBG - Section 108 Loan Off - Street Parking Neighborhood Enhancement Gas Tax Parking Revenue Bond Total Phase 1 Phase 2 - Property Acquisition, Village Streetscape, Peninsula Park CDBG - Section 108 Loan Neighborhood Enhancement Parking Revenue Bond General Fund Total Phase 2 1999.00 2000 -01 2001 -02 2002 -03 2003 -04 $250,000 $250,000 $300,000 $690,000 $460,000 $700,000 $750,000 $500,000 $0 $2,900,000 $1,700,000 $240,000 $1,940,000 $240,000 $1,920,000 $0 $2,160,000 Total Total $500,000 $0 $2,900,000 $1,940,000 $2,160,000 $7,500,000 Parking Revenue Bond In order to implement all of the Village Plan within 4 years, the City Council may wish to consider the use of revenue bonds or a similar financing tool to fund a portion of the project costs. In the past, the City has utilized new or increased revenues from a project to pay for the bonds. While the meters for the full length of the Peninsula generate approximately $1 million annually, including the $240,000 that is directed to the Neighborhood Enhancement Reserve, this project will result in minimal additional revenue due to the small number of meters being added. Should the City Council decide to use meter revenues to repay bonds, other General fund projects will need to be adjusted to offset the repayments. If $2.67 million were raised through the issuance SUBJECT: Phasing and Estimatle the Balboa Village Pedestrian and Streetscape IMement Plan and Pier Parking Lot Redesign February 22, 2000 Page 7 of a revenue bond at 7.5 %, the semi - annual payments would be approximately $150,000 for 15 years. After FY 2003 -2004, the Neighborhood Enhancement Reserve Fund could be reused to payoff the bond rather than the general fund. This would obligate Neighborhood Enchancement funds generated from the entire peninsula to one area of improvement for 15 years. Project Schedule Assuming the City Council approves initiation of the project and then authorizes design contracts in April 2000, construction could begin on Phase 1 by fall 2001. A conceptual schedule is shown as an attachment. The schedule is based on the following: 1. Environmental Clearance A 4 -month period to hire an environmental professional, prepare the environmental documents, a 30 -day public review period and final approval on a mitigated negative declaration. This will be done concurrently with the design. 2. Design Engineering A 9 -month period, concurrent with the Environmental Clearances procurement, to hire a civil engineering firm and prepare the design drawings and specifications. 3. Coastal Commission Permit A 6 -month period after completion of the design is expected for the application to be agendized for Coastal Commission hearing and approval. The Coastal Commission requires signed plans prior to starting the review process. Respectfully submie� — PUBLIC WORKS DEPARTMENT Don Webb, Director By: Robert Stein Senior Civil Engineer Attachments: Conceptual Schedule Preliminary Assessment District Estimate Exhibit Sharon Wood Assistant City Manager f: \users\pbw\ shared\ council \fy99- 00 \february- 22 \balboa village.doc 0 4 0 9 N a a o N O O d M d N 1 Q 1 � O N O d N d o Y a F- cn a C U CL o o O e - C7 n O LU Q j N J� s -0 IL W °o LLI S o V U N N Ci Y UI r m 7 O > j a E d m m 0CLM W m U O n 0 _ a0 s to U O o 0 a > y m N A ; a a m m a W y c C j Y � O U _ O H N d � 4. m C N O N y a � E u m 0 u a c c E E c c o 0 u O O U U O O N_ o ° E ` c c 0 C p E c o U N V o E E v U U N N do 0 N C r > O O 0 N Y C VI C N N N VI L N N � O O U > 5 N y D L O n N n N N n N A U ao ti P L7 N �i O � NO V d M a N 0 o� N d d N d N d O O d V d fh W d Q j N aCo O W W2o 0 ..... ... ................. r J �W v rn CJ a 0aw d mLL V Q O N mU d o o NO ............................. 'O d 07 A d O d a a M W Z $ E d E LL C C d � m E u m O m E a� u c c C C O U O U U O N 0 c E c o o o U d d o U N N Z r O « d d d 5 00 O 1 N y> N N C d N A A L O O N U U a a IT w` a If n d d O CO 9 0 0 0 0 Aug -99 Utility Construction Southern California Edison Pacific Bell (PRELIMINARY) ASSESSMENT DISTRICT 92 ESTIMATE (2200 ft @ $300) Subtotal Utility Construction 5% Contingency ' 1 111 11 1 11 � 11 $38,500.00 TOTAL CONSTRUCTION $808,500.00 INCIDENTIAL EXPENSES• Edison Design Engineering $15,000.00 $15,000.00 Pac Bell Design Engineering $9,375.00 $11,000.00 Assessment Engineering $30,000.00 $35,000.00 Contract Inspection $1,000.00 $1,000.00 City Administration $3,000.00 $3,000.00 Printing, Advertising, Notices $1,000.00 $1,000.00 Bond Printing, Reg. & Servicing $1,000.00 $1,000.00 Filing Fees $500.00 $500.00 Subtotal Incidential Expenses $67,500.00 Contingency 5% $3,375.00 Construction $808.500.00 Subtotal Incidential & Construction $879,375.00 FINANCIAL COSTS Bond Council $4,000.00 $4,000.00 Bond Discount 2.5% $21,984.38 Bond Reserve 5.0% $43,968.75 Capitalized Interest 6.0% $52,762.50 Paying Agent $2,500.00 $2,500.00 Subtotal & Financial Costs $125,215.63 TOTAL ESTIMATE $1,004,590.63 O 0 z w cm w J O WN J !- J O a g I I I 00 I O i I I i 1S NJy4 Is d Is .a. Ul b la SS3,V, 0 J m I I I I �8i ld HOOIUE F--T- 0 F- cn Lfl � l� cr 4 Cl C Q C m U N I.- swoR 2 ® O Z Q N m M LO N � W W in a: 4 /-A (5) w¢ W l LJ7 U O � O ® Z W .^ W °z M U) D m CL Cl r. CL' CO W O Z O 0 z w cm w J O WN J !- J O a g I I I 00 I O i I I i 1S NJy4 Is d Is .a. Ul b la SS3,V, 0 J m I I I I �8i ld HOOIUE F--T- 0 GW of Newport Beach BUDGET AMENDMENT 1999 -00 TON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations X Transfer Budget Appropriations i SOURCE: X from existing budget appropriations from additional estimated revenues X from designated reserves EXPLANATION: NO. BA- 063 AMOUNT: bsoo,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate $250,000 from Neiborhood Enhancement -Area B and transfer $250,000 from the Balboa Pier Parking Account to provide for design and construction services for the the Balboa Village Improvement Proiect account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3769 R j6UE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Signed: Signed: Eli Description Neiborhood Enhancement -Area B Description Amount Debit Credit $250,000 Number Number Automatic System Entry. Fina cial pproval: Administrative Services Director Date A ministrative Approva City Manager ate* v City Council Approval: City Clerk Date Description Number 7024 Neiborhood Enhancement Reserve Number C5100543 Balboa Village Improvement Project $250,000 Number 7022 Off Street Parking Improvements Number C5100543 Balboa Village Improvement Project $250,000 Number 7022 Off Street Parking Reserve Number C5100376 Balboa Pier Parking /Main Street Pedestrian $250,000 Number Number Automatic System Entry. Fina cial pproval: Administrative Services Director Date A ministrative Approva City Manager ate* v City Council Approval: City Clerk Date Q#y of Newport Beach BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates NX Increase Expenditure Appropriations AM Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues X from designated reserves EXPLANATION: NO. BA- 063 AMOUNT: 5500,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance Pq e No effect on Budgetary Fund Balance ----- . ------ ''II MAY 23. I I A n1 This budget amendment is requested to provide for the following: APPRO F/Fn To appropriate $250,000 from Neiborhood Enhancement -Area B and transfer $250,000 from the Balboa Pier Parking Account to provide for design and construction services for the the Balboa Village Improvement Project account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Euod Account 010 3769 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Neiborhood Enhancement -Area B Description Amount Debit Credit $250,000 Description Division Number 7024 Neiborhood Enhancement Reserve Account Number C5100543 Balboa Village Improvement Project $250,000 Division Number 7022 Off Street Parking Improvements Account Number C5100543 Balboa Village Improvement Project $250,000 Division Number 7022 Off Street Parking Reserve Account Number C5100376 Balboa Pier Parking /Main Street Pedestrian $250,000 Division Number Account Number ' Automatic System Entry. Signed: OU Fina cial pproval: Administrative Services Director Date Signed: v Approval/City Manager A15miiinnii ate Signed: /strrative ; �Q V f�71 ni r 1 - /V Q�T� J 10, City Council Approval: City Clerk Date TRAVELE CASUALTY AND SURETY COMPANY OF RICA TILERS CASUALTY AND SURETY COMPAI FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Monteon, Rosemary Standley, of Riverside, California, their true and lawful Attorney (s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facs rr le seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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SONY AI�VC4 �T61150� .. Necolls P1OJIMH 'SS ( .Lf1JLLJ3NNOJ 30ILV.LS I OOZ lstiVnV ;o ,Cep g18Z sup paxWu olaDaq aq of STUDS oviodioD nail pup luaplsa Td oalA aoluaS iTogl Xq pauSls oq of luoumnsul sup posmo anpg ANVdl1IOJ A.L'IVIISVJ NO,LONIINHV3 Pup ANVdL11OJ AL3HIIS (INV AL'IVIISVJ SH3'I3AVH.L `VJIH3NIV 30 ANVdWOJ A.L3HfIS (INV AZIVRSVO SH3'I3AVH.I. `3O3HHHM SSWUM NI ACORO ICERTSFICATE eraaacer Seltzer Insurance Sery 1524 E. Mayfair Ave Orange, CA 92867 GCIC003 -DEB GCI Construction,Inc., WME, Inc., CME Corp. 245 Fischer Ave. Suite B -3 Company RLI Insurance Company A Company progressive Casualty Ins. Co. B Company C National Union Fire Insurance Co. Company D= State Compensation Ins Fund INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIT THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RFDUCFD BY PATn CI AIMS_ C LTR TYPE OF INSURANCE POLICY NUMBE EFFECTI DATE IEXPIRAT DATE ON LIMITS A - 7Commercial ENEHAL LIABILITY General Liability Claims Made QOccur Owner's & Contractor's Pr Par Prni Ann MGLO1 29893 tective 04/01/01 04/01 /02 General Aggregate Products-Completed 021_ Personal & Ativertisin n r Each Occurrence Fire Dama e an 1 fire On Medical Expense an on erson B Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos 04582298 -0 07/18/01 01/18/02 Combined Single Limit s Bodily Injury (per person) Bodily Injury (per accident) Property Damage UAKA6E LIABILITY Any Auto Auto Only Eac Accide t Other Than Auto Onl Each Accid nt A re C EXCESS LiABTE= Umbrella Form Other Than Umbrella Form BE8711668 04/01 /O1 04/01 /02 Each Occurrence A re ate D MP Y RS LIAB he Propr1etor /. Incl rtners /executive ficers are: Excl I`1O2A31 03/17/01 03/17/02 Statutor Limi Othe EL Each Accident EL Disease -folic Limit EL Disease -Ea Em to ee E M/ Equipment MX198401074 04/01/01 04/01/02 eased /Hired /Rented imit $100,000 rtificate Holder is named Additional Insured as per attached endorsement th respect to Balboa Village Improvements, Phase I, Contract 3333 b #108 SHOULD ANY OF THE ABOVE DESCRIBED EXPIRATION DATE THEREOF THE 30 * DAYS WRITTEN NOTICE City Of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Bob Stein GCI Construction, Inc. • POLICY NUMBER :MGL0129893 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Newport Beach Public Works Department It's Officers, Officials, employees and volunteers And Harris & Associates PROJECT: Balboa Village Improvement, Phase 1, Contract No. 3333 Newport Beach, California If no entry appears above, information required to complete this endorsement will be shown in theDeclarations as applicable to this endorsement. WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `your work" for that insured by or for you. IT IS FURTHER AGREED that such insurance as is afforded by this policy or by these policies for the benefit of the additional insured(s) shown above shall be primary insurance, but only as respects any claims, loss or liability arising out of the operations of the named insured(s), his sub - contractors or materialmen or suppliers an any insurance maintained by the additional insured(s) shall be excess and non - contributing. Aut orized Repres6Wjve CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 GCI Construction, Inc. • POLICY NUMBER: 04582298 -0 0 COMMERCIAL AUTO LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Newport Beach Public Works Department, Its Officers, Officials, Employees and Volunteers PROJECT: Balboa Village Improvement, Phase 1, Contract 3333 Newport Beach, California If no entry appears above, information required to complete this endorsement will be shown in theDeclarations as applicable to this endorsement. WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `your work" for that insured by or for you. IT IS FURTHER AGREED that such insurance as is afforded by this policy or by these policies for the benefit of the additional insured(s) shown above shall be primary insurance, and no other insurance of the additional insured(s) will be called upon to contribute to a loss. Aut orized Re r sentative CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 aeggt OeePON9/1TtpN N9U RAN Cer Funk PA. BOX 420807, SAN FRANCISCO, CA 84142.0807 CSHTTFICATE OF WORKERS COMPE3NUTION INSURANCE POLICY NUMBER: 1627931 - Ol ON"FICAM aXPUk .. 3 -17-02 FCity of Newport Beach Public Works Department It's Officers, Officials, Employees and Volunteers Harris and Associates PROJECT: Balboa village Improvement, Phase I L This s to certtly that we have issued a valld Workers' Compermsadon Insurwwe policy in a form apprmred by the Cawwrila Insurance Cemmisalonet to the employer renamed below far the poll y verlod Indlmtael _ V _ This policy �a not subject to uuxatlarlon by the Fund exept upon tWdays' adrance wrttfen notice to tho employer. - -- 90 We will atso gNe you TM days' advance notice ftWd 190 policy be cancelled pricew Iia normal expiration. This cer"cate of insurance k not an imww ee policy and deco not amend, emend or afior to amerage afforded by the policies Ileled herein. Notwithstanding any reclU4ernent term, of Condition of WY contract or other document *0 respect to which this eertttica<e of insurance may be Mued or may pertain, the insurance afforded by the polices deacribed herein is subject to ad the terms. mcclWons and COndtliona of such pelldsm auTe+pRm�REVaESEHTw aa6smo6xT , . EMPLOYER'S LIABIL 1TY LIMIT INCLUD24133 DEFENSE COSTS: 419060x000 PEP. OCCORRENTE. ENDORSEIIEWT ;03965 F_rmITITLEO CERTIFICATE HOLDERS' NOTICE FFFECTIL'E 10/01/01 IS RTTACMED TO ANT" FORKS A PART OF THIS POLICY. ENDtJfSENENT 4'2570 ENTITLED WAIVER OF S1BR04NT104 EFFECTIVE 10 /01/01 IS ATTACHED TO ASS FORMS A PART OF 74IS FOLLY. THi!RD POR" Myth~: City of Newport Beach, Public Works Department, It's officials, Employees and Volunteers, Harris and Associates EMPLO M r GCI CONSTRUCTION 11C AM.n CRE CORP AND WME INC 2419 FT3040,1 AVE 8 -3 COSTA MESA CA 92520* L /5'ON SNI dWOD 31ti15 'r CALIFORNIA ALL - PURPOSE ICCKNOWLEDOMENT State of California County of Orance On October 17, 2001 before me, Janet L. Russell — Notary Public DATE NAME. TITLE OF OFFICER. E.G..'JANE DOE. NOTARY PUBLIC personally appeared Floyd Bennett NAME(S) OF SIGNER(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 ac- knowledged to me that he /she /they executed the same in his/her/their- authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. L. RUsseljIGNATUREtFNOTARY Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR EN111YtIES1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 80.1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 . Canoga Park CA 91309 -7184 JANET L. RUSSELL NOTARY PUBLIC166FORNIA Orange County My COMM . Expires Oe- - 1, 2001 N `t WITNESS my hand and o ' 'al seal. �1' ov2I W 11 /J /// . L. RUsseljIGNATUREtFNOTARY Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR EN111YtIES1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 80.1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 . Canoga Park CA 91309 -7184 STATE OF CALIFORNIA COUNTY Or RIVERSIDE ) j ey PERSONALLY APPEARED I SS. , before tile, - "MICHAEL D. STONG - - -- personally known to me (&Y _, f ) to be. the person4%%hose name{+) - is /ii e ubscribed to the within instrument and acknowl- edged to une that he/ i executed the same ii his/ hr-„!n�,a'.r _authorized capacity(ies), and that by his /1>rsi - t-keir siglature(e) on the vistrument the person{a}s or the entity upon behalf of which the person(s) acted, executed the instrument. 6VITNESS my hand and official seal. Signature / 11 . .41 .1:. � 0 R. STANDLEY 7' ST #1263 72 �(! COMM. #1263272 is NOTARY PULLIC - CALIFORNIA u+ RIVSRSMD COUNTY ` 7 My Com7:. Expirs: !una 7, TCC� Th;5 aresfor 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 IJ INDIVIDUAL ❑ CORPORATE OFFICER SIGNER IS REPRESENTING: NAbE OF CR ENiiTYpESI DESCRIPTION OF ATTACHED DOCUMENT TITLE 09 TYPE OF DOCUMENT NUMBER OF PAGES DATE OF OOCU "RENT SIGNER(S) OTHER THAN NAMED ABOVE ID -M Re,,6, °4 ALL - PURPOSE ACKNOWLEOGEMENT T TLS) U PARTNERS) ❑ LIMITED F r_cniconi IJ ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CCNSERVATOR OTHER: SIGNER IS REPRESENTING: NAbE OF CR ENiiTYpESI DESCRIPTION OF ATTACHED DOCUMENT TITLE 09 TYPE OF DOCUMENT NUMBER OF PAGES DATE OF OOCU "RENT SIGNER(S) OTHER THAN NAMED ABOVE ID -M Re,,6, °4 ALL - PURPOSE ACKNOWLEOGEMENT 77, ACC)ROr Date Imm1dd1yyI rI_4 1141()5, Prod0ler (714) 289-7676 Seltzer In 1524 E. '*a f e Orange, CA 92 r 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. COMPANIES AFFORDING COVERAGE 20 02 MAR 2 1 2002 TPI Company RLI Insurance Company A 0 W r Works 0 ep C Cd of a 0 0 Of, ity of Newport Beach Company Progressive Casualty Ins. Co. B Insured GCIC003-DEB Company National Union Fire Insurance Co. GCI Construction,Inc., WME, Inc., C AIG Co=anies CME Corp. 245 Fischer Ave. Suite B-3 Company D= State Compensation Ins Fund ensl MARA CA 92626 D E= Fi vpman R ln ... .. ... ..... ....... .... .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO I TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS GENERAL LIABILITY General Aggregate a 2,000 000 Products - Completed Ops Aqjj a 1,000 000 A vr Commercial General Liability �]Claims Made 7 Occur MGLO129893 04/01/01 04/01/02 Personal & Advertising Injury a 1,000, 000 Each Occurrence $ 1"28:288 Owner's & Contractor's Protective Fire Damage (any 1 fire) 50 000 Prn-i Per A mr,­, XSTI Medical E. P.m. (any one person) 11 5 0 CI 0 * AUTOMOBILE LIABILITY Any Auto 04582298-1 01/18/02 01/18/03 Combined Single Limit a 1 000 000 Bodily Injury (Par person) All Owned Autos Scheduled Acres Bodily loory (per accident) Hired Autos Non-Owned Autos Property Damage a GARAGE LIABILITY Auto Only - Eacq Accident a Other Than Auto Only Any Auto Each Accident a Aggregate a EXCESS LIABILITY Each Occurrence 4,000,000 * Umbrella Form `III]Othe, BE8711668 04/01/01 04/01/02 —a Aggregate a 4,000,000 a Than Umbrella For. * WORKERS' COMPENSATION 8 EMPLOYERS' LIABILITY The Proprietor/ act Pamnar.JEX.cb,iive Officers are act 1627031-02 03/17/02 03/17/03 Statutory Limit 17107s, EL Each Accident EL Disease-Policy Limit a 1,000,000 EL Disease -Ea E cloyeal a 1,000,000 OTHER E EM/ Equipment MX198401074 04/01/01 04/01/02 eased/Hired/Rented imit $100,000 non DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS rhe City, its officers, officials, employees and volunteers are all named kdditional Insured(s) as per attached endorsement and with respect to work Derformed on Project:Main Beach Sewer Force Main and Breakers Drive Water �ain Replacement-located in the City of Newport Beach. Contract No. 3296. qaiver of Subrogation to be included. . .......... CERTIFICATE.HGLUER" :0 002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E� MAIL 30' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 i� LEFT, Authorized Representafive 9" .... .......... .... . ... .. ...... ­­­ . . ..1. 1.., - .......... . .. .. .... ..... ..... UTy... N.�l Q1N i. Oat¢lmm(tltl(YYI Pro r 714 289 -7676 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service 1524 E. Mayfair Ave Orange, CA 92867 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE— Company RLI Insurance Company A Company progressive Casualty Ins. Co. B Insured GCIC003 -DEB Company National Union Fire Insurance Co. GCI Construction,Inc., WME, Inc., 0 ATG Companies Company D= State Compensation Ins Fund CME Corp. 245 Fischer Ave. Suite B -3 a co1�s :' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICV CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS ENERAL LIABILITY General Aggre ate- s Products - Completed Ops AAA * Commercial General Liability Claims Made Occur MGL 012 9 8 9 3 04/01/01 04/01/02 Personal & Ad,nnieng, Injury a 1,000,000 Each Occurrence S 1,000,000 Owner's & CoMramor'S Protective Fire Damage (any t fire) Per Pro j AQa XpStT Medical Expense urny one person] B AUTOMOBILE LIABILITY Any Auto 04582298 -1 01/18/02 01/18/03 Combined Single Limit a 1,000,000 Bodily Injury All owned Autos $cheduled Autos (per person) Hired Amos Bodily Injury Non -Owned AUTOS (per accident) Property Damage GARAGE LIABILITY Auto Only - Stop Accident Other Than Auta Only ......... ............................... Any Auto Each Accident Agpfegate EXCESS LIABILITY Each Occurrence * Umbrella Form BES711668 04/01/01 04/01/02 Aggregate Other Than Umbrella Form D WORKERS' COMPENSATION EMPLOYERS' LIABILITY The Proprietor/ Partners /Executive Inc) Officers are, of 1627031 -02 03/17/02 03/17/03 ]Statutory Limit t1lot he EL Each Accident EL Disease- Policy Limit EL Disease -Ea Employee OTHER E M/ Equipment MX198401074 04/01/01 04/01/02 Leas ed /Hired /Rented A imit 100,000 ed, 1,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS ertificate Holders(s) are named Additional Insured(s) as per attached ndorsement with respect to work performend at the Bayside Drive /Marine Ave. RV Relocation Project, Contract No. 3418. giver of Subrogation to be included. lob #100 CERTIFiUATE tIU� DEFT ' CANCELik 7 tON 24 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Eli� MAIL 10- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City O£ Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 LEFT, Authorized Representative Attn: Mike Sinacori ACQHO2$.S((13(`..)53 V1. nc ,AC CQRPQAA71QT77888' 0... (..Iddiyyl 01 / 14 Pro s", (714) 289-7676 Seltzer Insurance Service 1 n 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 E. Mayfair Ave THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Orange, CA 92867 COVERAGE AFFORDED BY THE POLICIES BELOW. GUMPWRIES ATMRDINEi E;OVFRAGI: company RLI Insurance Company A Company Progressive Casualty Ins. Co. B Insured GCIC003-DEB C.prohm, National Union Fire Insurance Co. C AIG ampanies GCI Construction,Inc., WME, Inc., CME Corp. 245 Fischer Ave. Suite B-3 company D= State Compensation Ins Fund ropi-A MpRal _rA Q 9. F 9 r D R= Ri rpmnn I A Fund F., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. POLICY POLICY CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A ENERAL LIABILITY Commercial General Liability :]Claims Made nOccur MGL0129893 04/01/01 04/01/02 General AggeeI,mr, 2,000 000 —s Products - Completed Dos Alta a 1,000 000 Personal & Advenising injury 1,000, 000 —a Each Occurrence 1,000 000 Owner's & Contecow's Protective Fire Damage (any I fuel Per Proj Agg XCTT Moical.Expease (any am rson) Pe a AUTOMOBILE LIABILITY - B Any Auto 04582298-1 01/18/02 01/18/03 C.rhourd Single Limit s 1,000 000 All Owned Autos Bodily Injury Schydourd AMOS tom peasuni Hired Autos Bcafil, loltuy Nor-Owned Autos Isar accident) Proicany Damnaq. GARAGE LIABILITY Any Auto Auto OrAY - Estop koceuem a Other Than Auto Only ... . — Each Accident I I A re ate S C EXCESS LIABILITY Umbrella Form Diner Than Umbrella Form BES711668 04/01/01 04/01/02 Each OccetntnCi? 4-non-n- A99re ate D WORKERS' COMPENSATION 8 EMPLOYERS' LIABILITY Ith? Proprietor/ Partners /Executive Ind Officers are: Intl 1627031-02 03/17/02 03/17/03 Statutory Limit EL Each Accident a EL Discare-Policy Limit —m L: ",..a 1B. Diarar.-Ea Employ" OTHER E EM/ Equipment MX198401074 01/02 Leased/Hired/Rented imit 1100,000 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate Holder(s) are named as Additional Insured(s) as per attached endorsement with respect to work performed on Alley 221 Water & Sewer Repair, Raiver of Subrogation to be included. Job # 93 "Too* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IEXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E� MAIL 3, 0- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of Newport Beach Public Works Department 3300 Newport Boulevard Newport each, CA 92663 LEFT, or ooze epresenterive Attn: Ed Burt - ACSiITt 25.5 . . . ...... ..... V1 M ell . .... .. . Data Wmi IN: L ACC)R IRT T ��13 IABILITY: E _IFICA e E OF Q'A /14 109, ProdUtle-r (714) 289-7676 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 E. Mayfair Ave THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Orange, CA 92867 COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Company RLI Insurance Company A Company Progressive Casualty Ins. Co. Insured GCIC003-DER B Company National Union Fire Insurance Co. GCI Construction,Inc., WME, Inc., C AIG Companies CME Corp. 245 Fischer Ave. Suite B-3 Company D= State Compensation Ins Fund l CA 99629 D V.= I R Fund THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OP. OTHER DOCUMENT WITH RESPECT TO WHICH, THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS GENERAL LIABILITY General Aggregate s 2,000, 000 A Commercial General Liability MGLO129893 04/01/01 04/01/02 Products-Completed Dos A99 a 1,000, 000 —]Claims Made Docc., 1,000, 000 Personal & Advertising Injury Owner's & Contractor's Protective Each Occurrence 1,000, 000 Per Prnj Agg Fire Damage (any I fire) $ 5Q., 000 XCIU Medical Ei,pers. (any one person) ii nnn AUTOMOBILE LIABILITY * I Any Auto 04582298-1 01/18/02 01/18/03 Combined Single Limit 1 0 0 a 000 All Owned Auto. Bodily Injury Scheduled Autos (pa, person) Hired Autos Bodily Injury Non-Owned Autos (per accident) Property Damage GARAGE LIABILITY Auto Only - Eacg Accident a Any Auto Other Than Auto Only Each Accident S Agonigate $ EXCESS LIABILITY Each Occurrence s * �UnrpdrrTr.F. amp BE8711668 04/01/01 04/01/02 Aggregate Other Umbrella Farm WORKERS' COMPENSATION 8 D EMPLOYERS' LIABILITY Statutory omit Other The Proprietor/ 1627031-02 03/17/02 03/17/03 0,000 Partners /Executive Ind EL Disease - Policy limit Officers are. Excl EL Disease mployee 1, ono - onn LOTHER 2 E M/ Equipment MX198401074 04/01/01 04/01/02 Hired/Rented r imit 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 1,000 Certificate Holder(s) are named Additional insured(s) as per attached endorsement with respect to Community of Beacon Bay Assessment District go. 79, Street Drainage, Lighting and Utility Improvements, Contract No.3277 aiver of Subrogation go be included. 23E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Ell MAIL 10• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of Newport Beach LEFT, Public Works Department P.O. Box 1768 Authorized Representative Newport B e a c h CA 92658-8915 ALM1flYi132 .S {d1/953 By: Ineuramce Vi .. I .... . ­­ 0 Project Fee - Final Phase I August 22, 2001 Percent Construction Cost 10.32% Assumptions: Construction cost is based on $3.5 million. Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the construction management services based upon an assumed schedule of construction that may differ from the actual schedule. Should the actual schedule require more or less Construction Management services that currently proposed adjustments to this estimate may be required. Harris & Associates Program Managers Construction Managers Civil Engineers 44 2001 1 2002 Sep Oct Nov I Dec I Jan I Feb I Mar I A r I Ma Jun Task 1 - Pre - Construction Task 2 - Construction Task 3 - Project Close Out Staffing Plan 2001 1 2002 Project Totals Utilization % Hourly Rate Sep Oct I Nov Dec I Jan Feb I Mar Apr Ma Jun I Total Project Director 5 %, 150.00 8 1 8 8 1 8 8 8 8 8 8 72 10,800.00 Construction Manager 100% 135.00 80 1 160 1601 160 160 160 160 160 80 1280 172,800.00 Inspector 100% 95.00 40 160 160 160 160 160 160 160 80 1240 117,800.00 Contract Administration / Labor Compliance 16% 50.00 20 24 24 24 24 24 24 24 40 228 11,400.00 Materials Testing: NINYO & MOORE 32.300.00 32,300.00 Survey: COAST SURVEYING Check Only) 6,000.00 1 1 1 6,000.00 Field Office 10,000.00 10,000.00 Total 0 148 352 352 352 1 352 1352 352 352 208 12820 $361,100.00 Percent Construction Cost 10.32% Assumptions: Construction cost is based on $3.5 million. Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the construction management services based upon an assumed schedule of construction that may differ from the actual schedule. Should the actual schedule require more or less Construction Management services that currently proposed adjustments to this estimate may be required. Harris & Associates Program Managers Construction Managers Civil Engineers 44 1 (PIER PARKING LOT 16' WATER MAIN � ALLEY 256 -S a OCEAN EAST Ln Ln RCP f DRAIN ALLEY 256 —T ALLEY 256 —U Z a V' FRONT ". ITITl11' �:frri.£�E +tom:: P111111111, ,I__: co 0 99 ALLEY 256 —V 0 PENINSULA PARK �BALBOA PIER RESTROOM BALBOA VILLAGE IMPROVEMENT PROJECT - PHASE 1 NOT TO SCALE LOCATION MAP WECA HARRAND -01 ACCRD CERTIFICAT F LIABILITY INSURA E DATEIMMIDDNY) TYPE OF INSURANCE POLICY NUMBER 18/15/01 PRODUCER (510) 547 -3`203 THIS CERTIFICATE ISSUED A AM ER INFORMATION Diversified Risk Insurance Broke C 14� ® ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8/1/01 8 / 1 / 02 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0529776 FIRE DAMAGE (Any ane fire) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE" 5900 Christie Avenue Emeryville CA 94608 AiIG 28 A8:36 X INSURED GENERAL AGGREGATE INSURER& Valley Forge GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JE� LOC PRODUCTS - COMP /OP AGG INSURERB: Ameri Can Guarantee 6 Liability Tnr Harris and Associat g Tnr„F F F),lfn TL{; f.;7Y Ci. CITY fIL�uRER C: Alaska National Insurance Company Attn: Angie Giles 120 Mason Circle .T , _ : {; `YP. F � USER O: INSURER E: Concord CA 94520 -1238 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MM /DD/YY DATE MM /DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERALUABILITY CLAIMS MADE FX] OCCUR X X. "C' "U" 2049938703 8/1/01 8 / 1 / 02 EACH OCCURRENCE S ' FIRE DAMAGE (Any ane fire) $ ' MED EXP (My one person) S ' PERSONAL 8 ADV INJURY $ ` X SeVembility of Interest GENERAL AGGREGATE 8 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JE� LOC PRODUCTS - COMP /OP AGG $ ' ' A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BUA2049938717 8/1/01 8/1/02 COMBINED SINGLE LIMIT (Eaacdd.t) 5 1,000p00D X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Par accident) S TY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ S TY fXjOCCUR ❑ CLAIMSMADE E RETENTION $ AUC930072900 8/1/01 8/1/02 EACH OCCURRENCE $ ' ' AGGREGA TE S S $ $ `, WORKERS COMPENSATION AND EMPLOYERS LIABILITY 01 HWS40007 8/1/01 8/1/0? X TORY LIMITS ER E.L. EACH ACCIDENT $ 1'UUU'UUU- E.L. OISEASE-EA EMPLOYE- 8 1PUUUPUUU EL. DISEASE POLICY LIMIT $ ' OTHER DESCRIPTION OF OPERATION S /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS In the event of cancellation for non - payment of premium, a 10 day notice will apply. RE: Professional Management Services for Balboa Village C -333 Waiver of Subrogation is included as respects Gen. Liab., Auto Liab. & Workers` Comp. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION At;UKU ZO -J IYpY) V AUUKD CUKPUKA I IUN 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILD ( MAIL 30 DAYS WRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Clerk PO Box 1768 3Naucamaw" Newport Beach CA 92658— AUTHORIZED REPRESENTATIVE fV A�C,tly At;UKU ZO -J IYpY) V AUUKD CUKPUKA I IUN 1988 POLICY #: 2049938703 • INSURED: Harris and Associates Inc. COW ERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its elected officials, officers and employees Attn: City Clerk PO Box 1768 Newport Beach, Ca. 92658 RE: Professional Management Services for Balboa Village C -3333 (If no entry appears above, information required to complete this endorsementwill be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non - contributory. CG 20 10 11 85 Ll POLICY #: BUA2049938717 0 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 organization(s) 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: Countersigned By: {/�� / i JLy, , r w Named Insured: � ���JJJ Harris and Associates Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization (s): City of Newport Beach, its elected officials, officers and employees Attn: City Clerk PO Box 1768 Newport Beach, Ca. 92658 RE: Professional Management Services for Balboa Village C -3333 (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 II of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 WECA HARRAND -01 - ACORD CERTIF ICA19 OF LIABILITY INSU RAW E DATE(MM/D0m) d. 8116/01 PRODUCER (510) 547 -3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Diversified Risk Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0529776 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 5900 Christie Avenue Emeryville CA 94608 $ INSURED iNSURERA: Continental Casualty Co. INSURER B: $ Harris and Associates Inc. INSURER C. Attn: Angie Giles INSURER D: 120 Mason Circle INSURER E: Concord CA 94520 -1238 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 LTR TYPE OF INSURANCE POLICY NUMBER DATE MM /DDn(Y) DATE MMIDD/Y1' LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. POLICY F7 PRO- JECT JECT PRODUCTS - COMPIOP AGG It AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Pent .nq $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR F7 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E. L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ • • OTHER Professional Liability Professional Liability AEA113822501 AEA113822501 8/1/01 8/1/01 8/1/02 8/1/02 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERA ONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS See attached page. City of Newport Beach City Clerk PO Box 1768 Newport Beach CA 92658- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT DATE THEREOF, THE ISSUING INSURER WILI}{ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OF OPERATIONS - 01M - PROF LIAB Harris and Associates Inc. Attn: Angie Giles 120 Mason Circle PAGE 1 OF 1 City of Newport Beach City Clerk PO Box 1768 In the event of cancellation for non - payment of premium, a 10 day notice will apply. All operations of the Named Insured including but not limited to any referenced project. The Aggregate limit is the total limit of insurance available for all claims presented under the policy. A $100,000 deductible applies to each and every claim submitted under the policy. RE: Professional Management Services for Balboa Village C -333