HomeMy WebLinkAboutC-3297 - Newport Dunes Storm Water Diversion SystemJuly 10, 2002
CITY OF NEWPORT ?EACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
GCI Construction, Inc.
245 Fischer Avenue, B3
Costa Mesa, CA 92626
Subject: Newport Dunes Storm Water Diversion Project (C -3297)
To Whom It May Concern:
On July 10, 2001, the City Council of Newport Beach accepted the work of the
subject project and authorized the City Clerk to file a Notice of Completion, to
release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Labor & Materials Bond was released on August 27, 2001. The Surety for the
contract is Travelers Casualty and Surety Company, and the bond number is 83
SB 103387952 BCM. Enclosed is the Faithful Performance Bond.
Sincerely,
C�6�h"At / d) . 144�
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
R. Gunther, P.E., Construction Engineer
enclosure
3300 Newport Boulevard, Newport Beach
PAGE 16
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297 PREMIUM: $659.00
EXECUTED IN FOUR COUNTERPARTS
BOND NO. 83 SB 103387952 BCM
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 659.00 ,
being at the rate of $ 12.00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Name of Contractor, hereinafter designated as the 'Principal ", a contract
for construction of NEWPORT DUNES STORM WATER DIVERSION, Contract No. 3297 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. 3297 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract:
NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport
Beach, in the sum of FIFTY -FOUR THOUSAND NINE * Dollars ($-L4, 920.00 ) lawful
money of the United States of America, said sum being equal to 100% of the estimated amount of
the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present. *HUNDRED TWENTY N01100
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 22nd day of FEBRUARY 2001.
GCI CONSTRUCTION, INC.
Name of Contractor (Principal)
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
Name of Surety
21688 GATEWAY CENTER DR.
Address of Surety DIAMOND BAR, CA 91765
(909) 612 -3000
Telephone
MICHAEL D. STONG, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On te� 25 p:200 1 before me, Janet L. Russell - Notary Public
tE NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC
personally appeared 't o-92 Cx.I" 1 ny m ,
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. 11166123 WITNESS my hand and off ' I seal.
N NOTARY PUBLIC - CALIFORNIA
Orange County
My Comm. Expires Dec. 21,2001
J 1angel1 SIGNATURE OF OTARY NDtary Public
iggggggig 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
TRLF(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSCMS) OR ENRN(MS)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
W-11333/94 01999 NATIONAL NOTARY ASSOCIATION • 8236 Rommel A".. P.O. Sox 71 B4 • Caraga Park CA 913047164
STATE OF CALIFORNIA
SS.
COUNTY OP _ RIVERSIDE
On a a Q _-- _. - -__ before nu, _ - - - - --
PERSONALLY APPEARED - - -- MICHAEL D. STONG - - --
personally laio% %'n to me (cis
to be the person44\vhme name(,+
is /a+e�ubscribed to the within inStILInlent and acluzowl-
cdged to me that he/ ey - executed the same in his/
b-�— ",�r,�'�.� authorized capacity(ies), and that by his /laz./
-4 eir signature(7) on the instrument the persoi*;} or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
R. STANDLEY
R. STANDLEY
COMM. #1263272 9
" NOTAR`! PUBLIC -CALIFORNIA rn
5 RIVERSIDE COUNTY
1 My Cantu. Expires Juno 7, 200
TN5 arm for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
--
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
I� rcn�conl
EN ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON($) OR ENTIT9(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
113061 Itcv.6 /94 ALL- PURPOSE ACKNOWLEDGEMENT
TRAVEL £ CASUALTYI A:YD SURETY CO:MPAN1" OF' RICA
Ti0 LERS CASUALTY AND SURETY COMPAW
r'ARMLNGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Illinois 60563 -8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF 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 duiv organized under the laws of the State of Connecticut, and liaving their principal offices in the City of Hartford,
Countv of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies') hath made, constituted and appointed, and do by these presents make,
constitute and appoint: Michael D. Sting, Shawn Blume or Susan C. Monteon * *
of Riverside, CA, 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, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his /her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint 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 seat 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 Attumeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or 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 facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8 -97)
0 0
CITY OF NEWPORT BEACH
August 27, 2001
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
GCI Construction, Inc.
245 Fischer Avenue, Suite B3
Costa Mesa, CA 92626
Subject: Newport Dunes Storm Water Diversion Project (C- 3297)
To Whom It May Concern:
On July 10, 2001, the City Council of Newport Beach accepted the work of the
subject project and authorized the City Clerk to file a Notice of Completion, to
release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
July 23, 2001, Reference No. 20010495445. The Surety for the contract is Travelers
Casualty and Surety Company, and the bond number is 83 SB 103387952 BCM.
Enclosed is the Labor & Materials Payment Bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lb
cc: Public Works Department
R. Gunther, P.E., Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
i
RECOREIM W612STED BY AND
WHEN RECORDED RETURN TO:
City NbrkJUL 30 A 8 :28
City of Newport Beach
3300 Newport Boulevard
NgWoEt Be mb LVAI 9 WW
CITY OF NLWPORT BEACH
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
111111111111111111111111111111111111111111111 NO FEE
20010495445 0155pm 07123101
109 73 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and GCI Construction, Inc. of Costa Mesa,
California, as Contractor, entered into a Contract on February 22, 2001. Said Contract
set forth certain improvements, as follows:
Newport Dunes Storm Water Diversion,
C -3297
Work on said Contract was completed on June 13, 2001, and was found to be acceptable
on July 10, 2001, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is Travelers Casualty and Surety Company.
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on..<< ., at Newport Beach, California.
City Clerk N77M_
3R>
July 10, 2001
CITY COUNCIL AGENDA
ITEM sy r0= c+T,' C
eft »: H
TO: Mayor and Members of the City Council i
FROM: Public Works Department
{ APPROVED'
SUBJECT: NEWPORT DUNES STORM WATER DIVERSION, CONTRACT WO:
3297 — 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 February 21, 2001, bids were opened for the Newport Dunes Storm Water
Diversion project. GCI Construction, Inc., of Costa Mesa, California, was the
successful low bidder. The contract provided for the construction of 188 lineal feet of
8 -inch storm drain pipe and two manholes to divert nuisance flows from an existing
18 -inch storm drain into an 15 -inch sanitary sewer. The contract has now been
completed to the satisfaction of the Public Works Department. A summary of the
contract costs is as follows:
Original bid amount: $54,920
Actual amount of bid items constructed: 49,781
Total amount of change orders: 10,284
Final contract cost: $60,065
The decrease in the amount of actual bid items constructed under the original bid
amount resulted from a revised storm drain alignment resulting in a reduced storm
drain length less than the bid item quantities. The final overall construction cost,
including change orders, was 9.37 percent over the original bid amount.
d
SUBJECT: Newport Dunes Storoer Diversion C -3297 -Completion And Acceptanc*
July 10, 2001
Page 2
A total of two change orders totaling $10,284 were issued to complete the project.
They were as follows:
1. A change order in the amount of $5,139 provided for potholing and excavation
for the revised storm drain alignment.
2. A change order in the amount of $5,145 provided for two weeks of flow
monitoring tests to measure actual flows diverted into the sanitary sewer
system.
Funds for the project were budgeted in the following account:
Description Account No. Amount
Dunes — Storm Drain Diversion 7251- C5200604 $60,065
The original scheduled completion date was April 4, 2001. Due to the revised storm
drain alignment and the flow - monitoring tests, the completion date was extended to
June 13, 2001. All work was completed by the revised completion date.
Respectfully submitted
L�
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: /k• 6/7c�
R. Gunther, P.E.
Construction Engineer
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
16
'Exempt from recording fees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and GCI Construction, Inc. of Costa Mesa,
California, as Contractor, entered into a Contract on February 22, 2001. Said Contract
set forth certain improvements, as follows:
Newport Dunes Storm Water Diversion,
C -3297
Work on said Contract was completed on June 13, 2001, and was found to be acceptable
on July 10, 2001, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is Travelers Casualty and Surety Company.
1:1U6fic.yV As Director
City o ewport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on 4 cc i at Newport Beach, California.
BY
City Clerk _ a£w'pb_
July 12, 2001
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the Newport Dunes Storm Water Diversion
(C- 3297); and
Notice of Completion for the Irvine Terrace Street Light Replacement
(C -3298)
Please record the enclosed documents and return it to the City Clerk's Office.
Thank you.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Attachments
3300 Newport Boulevard, Newport Beach
FEB 2 0 2001
•
0
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 21st day of February 2001,
at which time such bids shall be opened and read for
NEWPORT DUNES STORM WATER DIVERSION
Title of Project
Contract No. 3297
$70,000
Engineer's Estimate
by
ichael J. Sinacori, P.E.
Utilities Engineer
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport
Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915.
General Class "A" or C -34 Contractor License are required for this project
For further information, call Mike Sinacori, Project Manager at (949) 644- 3342.
PAGE 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 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.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive
any minor irregularity or informality in such bids. Pursuant to Public Contract Code
Section 22300, at the request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure performance under
the contract. The securities shall be deposited in a state or federal chartered bank
in California, as the escrow agent.
PAGE 2
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
�553�51.0
Contractor's License No. & Classification
�. ■ 114M
:..
.r G�
Auth ¢ d Signature/Title U s -nkjt
�c�T�
M
0 0
PAGE 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297
BIDDER'S BOND
We, the undersigned Principal and Surely, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMT. BID
Dollars ($ 10% OF BID AMT); to be paid and forfeited to the City
of Newport Beach K the bid proposal of the undersigned Principal for the construction of
NEWPORT DUNES STORM WATER DIVERSION, Contract No. 3297 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 20th day of FEBRUARY , 2001.
GCI CONSTRUCTION, INC.
Name of Contractor (Principal)
TRAVELERS CASUALTY AND SURETY COMPANY
Name of Surety OF AMERICA
21688 GATEWAY CENTER DRIVE
Address of Surety
DIAMOND BAR, CA 91765
(909) 612 -3000
Telephone
MICHAEL D. STONG, ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
CALIFORNIA ALL-PURPOSE AAKNOWLEDGMENT -
State of California
County Of Orange
Ong before me, _
E
personally appeared
Janet L. Russell - Notary Public
NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC-
NAME(S) OF SIGNER(S)
f� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
JANET L. RUSSELL
N
Comm. g1166 N WITNESS m hand and official seal.
NOTARY PUBLIC -CALIFORNIA � Y
Orange County /J
MY Comm. Expires Dec. 21, 2001
J L. Ros eU SONA EOFNOTARY hbtary 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
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrry(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
00 -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmer Ave., P.O. Box 7184. Canoga Park. CA 91309-7184
STATE OF _CALIFORNIA • ___ •
-- SS.
COUN -1)'O,
O;' -_ RIVERSIDE
On ��� �---- - -.. —_ before me, _---- __ -- -- R. STANDLEY
PERSONiALLY APPEARED - - -- MICHAEL D. STONG - - --
personally known to nio (er f
to be the Pei son4- ..whose naine(_-
s /-&fe- subscribed to the within instrument and acknowl-
edged to me that he/ e -- executed the same in his/
1-°, authorized capacity(ics), and that by his /her./
- tk-re�r sigzaturefe) on the instrument the persoi4 , or the
entity upon behalf of which the person(s) acted, executed
the histrunnent.
WITNESS my hand and official seal.
Signature ✓/t ��� �C 1
OPTIONAL
RtiSMDLEY
COM1i13
2
¢ NOTARYPUE�;J.CALI:ORN
IA D
TY RVERSDE GOUtl _
41Y Comm. EX010S JurM T, 2004
This area Jar 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
'- T:T LE,S)
❑ PARTNER(S) LJ LIMITED
�� r_cnconi
O ATTORNEY -6N -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OA ENT Ir'(:ES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
o_oSi Re, 6/94 ALL- PURPOSE ACKNOWLEDGEMENT
TRAVELER CASUALTY AND SURETY COMPANY OF A RICA
T LERS CASUALTY AND SURETY COMP.A,
ARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Illinois 60563 -8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF 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 Cit} of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the law's of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: Michael D. String, Shawn Blume or Susan C. Monteon * *
of Riverside, CA, their tore 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, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto '
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomecs -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 al 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 Chainnan, 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 Attoncys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or 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 facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8-97)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 18th day of June, 1999.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
rR,�' ,C' 1 , � w HARTFORD. Z 1982 O '" ` 59ItL m o By _
Cow. i CONK. o
�^ � ir���a � - <<,WO.S � George W. Thompson
\°Z( 'mod+ n"a�; 6�'y • na �+ � Senior Vice President
i
On this 18th day of June, 1999 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, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, 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 lie /she executed the said instrument on behalf of the corporations by authority of his /her office under the Standing
Resolutions thereof.
0 0 Mycommission expires June 30, 2001 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, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, 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. {
Signed and Scaled at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this FOR" day of
Jet+u an•1, ,j'o I .
h 0544(! ED CD CD 3 �c°y 3'HrlRirOPD,''3 By cow. / Kori M. Johanson
i' ;+ Assistant Secretary, Bond
•.;0
0 •
0 0
PAGE 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
Subcontract Work Subcontractor Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Gcl Q2ns�ruc�ionE�ne_.
Bidder Auth ize d Signature/Title
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297
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
a Cnn 4D -an lit nri , �
C,e,1 n063 nue
Bidder
Person Telephone
To Contact Number
FQ-
* C I CONSTRUCTION, INC•
FORMERLY: GILLESPIE CONSTRUCTION INC.
COMPLETED PROJECTS
As of November 30, 2000
CUSTOMER NAME & ADDRESS JOB #/ LOCATION
CONTRACT
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 LAGUNA BEACH
025
Virginia Park Drive, Skyline Drive & Vista.
315315
505 Forest Avenue
Lane Storm Drain
Laguna Beach, CA 92651
059
Park Avenue Storm Drain Improvements
52,604
(949) 497 -0351
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 11
040
32 "d St./Newport Blvd. Street Rehabilitation&
524,288
30`h St./ Newport Blvd. Storm Drain Improv.
069
Bayside Drive Storm Drain Improvements
224,627
CITY OF ROSEMEAD
013
Storm Drain Improvements
330.031
8838 East Valley Blvd.
Rosemead, CA 91770
(626) 288 -6671
CITY OFTORRANCE
016
ConstructionofCMP Replacement Program
1,021,000
3031 Torrance Blvd.
1998 -199
Torrance, CA 90509 -2970
026
Construction of Amie Avenue Retention Basin
423,078
(310) 618 -2820
Force Main
COUNTY OF ORANGE
071
Santiago Canyon Road / Transportation
323,800
CONSTRUCTION DIVISION
Corridor— Drainage Improvements
P.O. Box 4048
Santa Ana, CA 92702 -4048
(714)567 -7812
,
_ ...............................
C.W. DRIVER
035
.... ..... ........... ............._.._._._- .._......
"PerilousPlunge "- Utilities
215,583
7442 North Figueroa Street
Los Angeles, CA 90041 -1710
(323) 259 -8600
GAJmet\GC1voBLISTIGC1 REFERENCE sHT.doe Page 1 of 4
It C I CONSTRUCTION, INC•
FORMERLY: GILLESPIE CONSTRUCTION INC.
COMPLETED PROJECTS
As of November 30, 2000
CUSTOMER NAME & ADDRESS
EL CAMINO ENCLAVE
561 W. Rincon Street
Corona, CA 91720
(909) 725 -8616
IRVINE RANCH WATER DISTRICT
15600 Sand Canyon Avenue
Irvine, CA 92618
(949) 453 -5585
JOHN LAING HOMES
19600 Fairchild, Suite 150
Irvine, CA 92612
(949) 476 -9090 Ext. 230
JOB #/ LOCATION
CONTRACT
AMOUNT
036 Falda Avenue, Torrance (Underground) 238,834
001 Bonita Creek Park Trunk Sewer Relocation 621300
037 Laing Homes Meadowlark Utilities - Tract 99,981
15472
G:\Janet \GC \J0BLISDGC1 REFFRENC'E SHl'.doc Page 2 of 4
4P C I CONSTRUCTION, INC•
FORMERLY: GILLESPIE CONSTRUCTION INC.
COMPLETED PROJECTS
As of November 30, 2000
CUSTOMER NAME & ADDRESS JOB #/ LOCATION
CONTRACT
AMOUNT
KNOTT'S BERRY FARM
010
C o- as't e-'r-sRestaurant" Knott s B-e-r,r,y^--"Farm
_1`2`.,8_ 2- -0-
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
I3,000
031
Mechanical Pump Buildings - "Soak City"
899,999
032
"Soak- City" - Grading
572,073
033
"Soak City" - Utilities
498,067
034
"Perilous Plunge" -Demo
159,750
039
Cross Town Sewer
210,708
041
"Soak- City"- Asphalt Paving
170,394
043
"Soak City" - Concrete Flatwork
753,828
044
"Soak City" - Wall #1 for Ramp to Bridge
94,590
046
Grand Avenue Drop Off - Knott's Berry Farm
102,136
052
Retaining Wall& Bridge Abutment-Soak City
305,293
054
Stanton Avenue Phase - 1
136,071
.. . ..
055
Housekeeping Pads - "Soak City"
.
9,812
.... .........
LOYOLA MARYMOUNT UNIVERSITY
. .....................
002
..... .
L.M.U. Export - Playa Vista
716,502
7900 Loyola Blvd.
Los Angeles, CA 90045-8370
(310) 338-7762
MISSION VIEJO CHRISTIAN CHURCH
011
Missionvlej-oChristianChurch -----
11,222
27405 Puerta Real Suite 360
Mission Viejo, CA 92691
(714) 768-0209
MR. JOHN THORSELL
666-
water Line Relocation- Dana Point
13,709
1 Santa Lucia
Dana Point, CA 92629
(949) 448-8722
OAkfftLE DEVELOPMENT
668
35386 Camino Capistrano, Lot 57, Tract 1127,
99,260
1048 Irvine Blvd., 4363
Dana Point
Newport Beach, CA 92660
(949) 574-9164
6"N6t t6uNiV WATER bi§i
048
Santiago Creek Recharge . . .. Project . . .
. 352,956
10500 Ellis Avenue
Fountain Valley, CA 92728
(714) 378-3305
GAJan&GC1\J0BL1SDGC1 REFERENCE SHT.doc Page 3 of 4
4P C I CONSTRUCTION, INC•
FORMERLY: GILLESPIE CONSTRUCTION INC.
COMPLETED PROJECTS
As of November 30, 2000
CUSTOMER NAME & ADDRESS
PACIFIC BUILDING INDUSTRIES
3190 -K Airport Loop Drive
Costa Mesa, CA 92626
(714) 755 -0299
PERDOMO BLT ENTERPRISES, LLC
511 Spectrum Avenue
Oxnard CA 93030
(805) 278 -8220
JOB #/ LOCATION
024 Bayside Restaurant - Newport Beach
CONTRACT
AMOUNT
2,700
003 East L,A. Recycling and Transfer Station 313,144
PLAYA CAPITAL COMPANY, LLC 004 Placement of LMU Import Material
12555 West Jefferson Blvd., Suite 300
Los Angeles, CA 90066
I (310) 822 -0074
146R, LONG BEACH
{ 925 Harbor Plaza Drive, 4`h Floor
Long Beach, CA 90801
(562)437 -0041
i
SOUTH COAST WATER DISTRICT
31592 West Street
Laguna Beach, CA 92607
3(949)499 -4555
SOUTHERN CALIFORNIA WATER
COMPANY
17140 South Avalon Blvd., Suite 100
Carson, CA 90746
(310) 767 -8205
WALNUT VALLEY UNIFIED SCHOOL
DISTRICT
880 South Lemon Avenue
Walnut, CA 91789
(909) 595 -1261 Ext. 1378
132,470
022 Removal of Nicholson Avenue Ramp 128,153
007 Coastal Treatment Plant - Export Sludge Force
Main Phase III
015 Camino De Estrella Sewer Main
058 Pacific Coast Hwy. 12" Water Main, Dana Point
058 -C 101 -106 Holtz Hill Waterline, Dana Point
045 Albertom Blvd., East of Avalon Blvd. - 12" DI
Pipe Watermain Installation
047 Inglewood Avenue 12" DI Pipe
049 223`d Avenue, Hawiian Gardens - Watermain
050 224 °i Avenue, Hawiian Gardens - Watermain
051 Brittain Avenue, Hawiian Gardens - Watermain
..... .._ ..... .......
93,109
110,767
924,920
142,229
251,790
217,257
223,773
241,993
008 Morning Sun Landslide Site - Walnut 25,392
G:Uanet \GCIU013LISPCC1 REFERENCE SHT,doc Page 4 of 4
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of OrcNM
PAGE 6
H" t,AV 1►t![ 11 _, being first duly sworn, deposes and says that he or she is
�Tr2QSUr of C�IQ�P�SiiU fOhf�iKt ., the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct. i
GeC 0o sFrc0_)tlon,Sr)e•
Bidder Author' ed SignaturelTitle (" 0
Subscribed and sworn to before me thia.?lSiday of t-] Ir-41A 2001
WmN, IdCom L. RUSSELL
Comm.11166IOR OTARY PUBLIC CALIFORNIA
Orange County
ary Public Comm. Expires Dec. 21, 2001
My Co
PAGE 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297
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.
0
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT DUNES STORM WATER DIVERSION
CONTRACT NO. 3297
CONTRACT
THIS AGREEMENT, entered into this 22nd day of February, 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 requested bids for the following described public work:
NEWPORT DUNES STORM WATER DIVERSION
Construction of an 8 -inch SDR 35 PVC Storm Water Diversion pipeline, valves manholes and
appurtenances.
3297
Contract No.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's
careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the
following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's
Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment
Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings,
Plans and Special Provisions for Contract No. 3297, 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 that 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 fifty -four thousand, nine hundred twenty
and 001100 Dollars ($54,920.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mike Sinacori
(949) 644 -3342
F. LABOR CODE 3700 LIABILITY INSURANCE
hereby certifies:
GCI Construction, Inc.
245 Fischer Avenue B -3
Costa Mesa, CA 92626
Attention: Terry Gillespie
(714) 957 -0233
Contractor, by executing this Contract,
"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
El
PAGE 10
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0001 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• •
PAGE 11
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
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.
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
officials, employees and volunteer s
Contractor for City.
c) All Coverages
rights of subrogation against City, its officers,
for losses arising from work performed by
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
6. Right to Stop Work for Non - Compliance
0
PAGE 12
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole or active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
0 0
PAGE 13
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
CITY OF NEWPORT BEACH
A Municipal 9orporation
By:
Ci Manager
APP DIAS TO FORM: GCI Construction, Inc.
L
By:
City A ttorney AutpO zed-Signature 4 !_�nd Title
F5� TreaSU Y--C, —
MAR -05 -01 11:51 FROM: ID: PAGE 2/6
/u'u/iu Ur-K 1 Ir1LPR ur ujAE)ILI 1 1 IIVJU Itll. '
�ICO -1 03/05/01
'PRoDUCFR
THIS CERTIFICATE ISWUED AS A MATTER OF INFORMATION
James Econn & Co. Insurance
ONLY AND CONFERS 110 RIGHTS UPON THE CERTIFICATE
CA License #0340047
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
445 S. Figueroa St_, 36th Fl.
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
Los Angeles CA 90071 -1602
Phone:213- 629 -3131 Fax:213- 629 -4440
INSURED
INSURER A: Caliber One
INSURER B:
(51,000,000
GCI Construction, Inc.
ATTN: Janet Russell
wsuRratc' American Home Assurance
INSURER D; Geaerali
245 Fischer Avenue, B -3
Costa Mesa CA 92626
j INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A9M FOR THE POLICY PERIOD INDICATED. NOTMTNSTANDMG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W ICH THIS GERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRISED HEREIN 14 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I�TR
TYPE OF INSURANCE
POLICY NUMBER I
OAS
DATTEEY W I
LIMITS
.
GENERAL LIABNLRY
EACH OCCURRENCE
(51,000,000
FIRE DAMAGE IAly Gfe RB)
1550,000
A
% COmIAERCIAL GENERAL LIABLITY
CGO- 0 0132 9 -01
01 /01 /00
04/01/01
HIED EXP COPY CV+e oc+R>'+)
S
CLAWSMADE � OCCUR
Ix
PERSONA'M ADV IDURV
s 1, 000, 000
Contractual Liab,
% Broad. Form PD
GENEFALAGGREGATE
52,000,000
GENLAGGREIlG��ATELMTr APPLIES.PM-
pROOIKTS •COMPlOP AGG
41,000,000
DEDUCTIBL
I 5, 000 /claim
PalcY a LOG
D
AUTOMOBILE
UABIUTY
ANY AUTO 1
1000002121 i
04/01/00
04/01/01
COMBINED SINGLE LDST
(Eq ��1)
51,000,000
RI
BODILY INJURY '. S
(Pu�) I
ALL OWNED AUTOS
SCHEDULED AUTOS
•
•
BODILY INJURY S
HIRED AUTOS
NON -0WNEDAUTOS
i
%
I
PROPERTY DAMAGE S
(Per xAOeN)
GARAGE LIABILITY
AUTO ONLY. EA ACCIDENT %
OTHER THAN EAACC I S
AUTO ONLY: AGG,S
ANY AUTO
I EXCESS LIABILITY
OCCUR CLAIMS MADE
I EACH OCCURRENCE S
AGGREGATE S
S
DEDUCTIBLE
RETENTION S
I
' S
5
C
WORMERS COMPENSATION AND
EMPLOYER4 LIABILITY
I SC6521952
09/21/00
09/21/01
I % TORY LIMITS ER
Et EACH ACCIDENT I s 1000000
EL DISEASE • EA EMPLOYEE S 10 0 0 0 0 0
E.LDISEASE- POUGYLWIT I S 1000000
1
OTHER
OES OMONOFOPERAnON320CATIOAM, NEMCLE% EXCL LSIONSADDEDBYENOOR4EMENTISPECIALPROVL SIONS
Certificate Holder is named as Additional Insured as respects Newport Dunes
Storm Seater Diversion, Contract No. 3297.
The insurer agrees to waive all rights of subrogation against City, its
officers officials, employees and volunteers.
*Per policy terms, conditions, limitations and exclusions.
CERTIFICATE HOLDER I y I ADIXOONAL INSURED: INSURER LETTER: _,- CANCELLA710N
NEWPORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 91. RETHE E% IFADO
City Of Newport Beach ETHEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30+ DAYS WRITTEN
Public Works Department TICE To THE CERTNFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TODD SO9HALL
Attn: Mike SineOri ppow NO OaLIGATION LTTY OF ANT KIND UPON THE PRJJRER, ITS AGEMS OR
3300 Newport Boulevard
Newport Beach, CA 92663 vEMA TA
MAR -05 -01 11:52 FROM: ID: PAGE 3/6
I
IMPORTANT
•
If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed- A statement
on this certificate does not confer rights to the certificate holder in Geu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the pdicy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
MAR -05 -01 11:52 FROM: ID: PAGE 4/6
YMER CF CtR RGT-if To ROCAV R FFiCM OTHEFS B DCVO T-Ci FUMA
This endorsement changes the poficy to which if is attached effective on inception date of the policy unless a different
date is indicated below.
0-he followf.+g -atbcting clause' need-be completed only whet this endcrs mentis Issued suosequeatto prepamt on of the policy).
This endorsement, effective 12:01 AM 09/21/2000 forms a part of Policy No. AC 652 -19 -52
Issued to G C I CONSTRD CbT, 1NC_ TEAL (A CORP)
Premium
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in ttte Schedule. (This agreement applies only to Ole extent that you
perform work under a written contract that requires YOU to obtain this agreementfrom us).
You must maintain payroll records accurately segregatingthe remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be .OS % of the California workers' compensation premium oth-
erwise due on such remuneration.
SkheWe
City of Newport Beach, its officers,
officials, employees and volunteers.
Newport Dunes Storm Water
Diversion - Contract no: 3297
HIC 01 03 06 Cau6arsigntd by Q
(Ed 4," AtifrotiRd F�pesertalive
01/22/01 RON 09:16 [TX /RX NO 50931 Z003
MAR -05 -01 11:52 FROM: ID: PAGE 5/6
POLICY NUMBER: 10000021210 • 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: 2/26/01
Countersigned By:
Named Insured:
GCI Construction, Inc., et al
Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
City of Newport Beach, its officers, officials, employees and volunteers as per
the.terms of contract no: 3257 - City of Newport Beach - Newport Dunes Storm
Water Diversion.
(If no envy 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 It of the Coverage Form.
This policy shall be considered primary insurance and /or primary
any insurance or self - insurance maintained by City, its officers,
employees and volunteers shall be excess of this policy and shall
with it.
source of recovery;
officials,
not contribute
CA 20 48 02 99 Copyright. Insurance Services Office, Inc., 1998 Page 1 of 1 ❑
MAR -05 -01 11:53 FROM: ID: PAGE 6/6
POLICY NUMBER: CGO- 0019-01 C ERCIAL GENERAL LIABILITY
CG 20 1010 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach, its officers, officials, employees and volunteers as
per the terms of the.City of Newport Beach Contract No: 3257 - Newport Dunes
Storm Water Diversion.
(if no entry appears above, information required to complete this endorsement Ql be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section ID is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
This policy shall be considered primaryinsurance. and /or primary 'source .of recovery;
any insurance or self - insurance maintained, by City, its officers, officals,
employees and volunteers shall be excess of this policy and shall not contribute
with it_
CG 20 10 10 93 Copyright, Insurance Services Office. Inc., 1992 Page 11 of 1 13
0 0
CITE' OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
NEWPORT DUNES STORM WATER DIVERSION
Contract 3297
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
PR1of3
The undersigned declares that he has carefully examined the location of the work, has
read the Instructions to the Bidders, has examined the Plans and Special Provisions,
and hereby proposes to furnish all materials except that material supplied by the City
and shall perform all work required to complete Contract 3297 in accord with the Plans
and Special Provisions, and will take in full payment therefore the following unit prices
for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
NEWPORT DUNES STORM WATER DIVERSION — BID ITEMS 1- 9
1. Lump Sum Mobilization, demolibilization, clearing,
clean -up and krestorlationl'of landscaping
@ EIC>; d' 1►1'(�QQ'gQtldD�ars
and
Cents $ D4. co
Per Lump Sum
2. Lump Sum Back Bay Driv�e,�/T,,r�affic Control
W_ ( JU2IV U " Dollars
and
n0 Cents $ 11250.0d
Per Lump Sum
0
E
PR2of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS LPRICE PRICE
3. 1 Each Provide Lined Cast -In -Place
Manhole #1 with one 8 -inch
Flap Check Valve
ln-;�D 3 L /17 �-
%uY W-drai Dollars
and
M Cents $ giLj00 $ goo,(",
Per Each
4. 1 Each Provide New Diversion Structure
(Manhole #2)
@IuilL�t(ii�YlKUK( H1 Dollars
and
IID Cents $° $ Z, Z QO
Per Each
5. 1 Each Provide New Diversion Structure
(Manhole #3)
with one 8 -inch Butterfly Valve
@TI.cG1'itPPf4�d' WO koIIars
and
/i0 Cents $ O0 $ Z, SCO a0
Per Each
6. 260 L.F. Provide New 8 -inch diameter
PVC SDR 35 Gravity Sewer Pipe
Including Trench Resurfacing
@ Dollars
and
110 Cents $ 87.00 $ 7Z
Per Lineal Foot
7. 30 L.F. Provide New 3 -inch diameter
PVC SDR 35 Gravity Storm Drain Pipe
Including Trenc�h,'R,essurfacing
@TIUO rPG�I ""1t tars
and
14D Cents $ ZZ5.0o $ b, 75a co
Per Lineal Foot
0
PR3of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1 Each Provide New Drain Box with
Aluminum Checker Plate
CdrMAW- 4(, lNi" Dollars
and
(d Cents $ 1, 467 °d $ 140,06
Per Each
1 Each Provide Miscellaneous
Improvement at Existing
Storm Drain Junction Box
@ b4UflulphMd(ej Dollars
and
/in Cents
Per Each
NEWPORT DUNES STORM WATER DIVERSION
TOTAL PRICE IN WRITTEN WORDS ITEMS 1 -9
$ �2w.a6 $ 5i200.00
and
II(JJ Cents $
Price Items 1 -9 (Figures)
�br�aru ZI �.2lJCJI �Cl Q�rL�fruC�Onlsn� .
Date Bidder
0 1q)- ���,�>
Bidder's Telephone Number bidder' uth rite Si nature and Title
P Q, 9
Zµ5 �I�r �
-155 -3� ���" ores +arkola,dA g.� 2J�02 40
Bidder's License No(s). Bidder's Address
and Classification(s)
0 0
1
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
4
4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
NEWPORT DUNES STORM WATER DIVERSION
Contract 3297
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -6
WORK TO BE DONE
2.9
SURVEYING
2 -9.3
SURVEY SERVICE
SECTION 3
CHANGES IN WORK
3 -3
EXTRA WORK
3 -2.2
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
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
6 -7
TIME OF COMPLETION
6 -7.1
General
6 -7.2
Working Days
6 -7.4
Working Hours
6 -9
LIQUIDATED DAMAGES
1
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
4
4
0
0
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR 4
7 -7
COOPERATION AND COLLATERAL WORK 4
7 -8
PROJECT SITE MAINTENANCE 4
7 -8.5
Temporary Light, Power and Water 4
7 -8.6
Water Pollution Control 5
7 -8.8
Steel Plates 5
7 -10
PUBLIC CONVENIENCE AND SAFETY 5
7 -10.1
Traffic and Access 5
7 -10.2
Storage of Equipment and Materials in Public Streets 5
7 -10.3
Street Closures, Detours, Barricades 5
7 -10.4
Public Safety 5
7- 10.4.1
Safety Orders 5
7 -10.5
"No Parking" Signs 6
7 -15
CONTRACTOR LICENSES 6
7 -16
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7
SECTION 9
MEASUREMENT AND PAYMENT 7
9 -3
PAYMENT 7
9 -3.1
General 7
9.3.2
Partial and Final Payment 9
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 202
VALVES
9
202 -1
General
9
202 -1.1
Requirements
9
202 -1.2
Quality Assurance
10
202 -2
Parts
10
202 -2.1
General
10
202 -3
Execution
10
202 -3.1
Installation
10
202 -3.1.1
General
10
202 -3.1.2
Access
10
202 -3.1.4
Field Testing
10
202 -3.1.6
Position Indicators
10
SECTION 203
FIBERGLASS GRATING
10
203 -1
General
10
203 -1.1
Requirements
10
203 -1.2
Reference Specifications, Codes, and Standards
11
203 -1.3
Contractor Submittals
11
0 0
203 -1.4
Quality Assurance
12
203 -1.5
Delivery, Storage, and Handling
12
203 -2
Products
12
203 -2.1
General
12
203 -2.2
Fiberglass Grating
13
203 -3
Execution
13
203 -3.1
Installation
13
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
EARTHWORK
13
300 -1
CLEARING AND GRUBBING
13
300 -1.3
Removal and Disposal of Materials
13
300 -1.3.1
General
13
300 -1.3.2
Requirements
14
300 -1.5
Solid Waste Diversion
14
SECTION 302
ROADWAY SURFACING
14
302 -5
ASPHALT CONCRETE PAVEMENT
14
302 -5.1
General
14
302 -5.4
Tack Coat
14
302 -6
PORTLAND CEMENT CONCRETE PAVEMENT
14
302 -6.6
Curing
14
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
15
303 -5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
GUTTERS, ALLEY AND INTERSECTION
15
303 -5.1
Requirements
15
303 -5.1.1
General
15
303 -5.4
Joints
15
303 -5.4.1
General
15
303 -5.5
Finishing
15
303 -5.5.1
General
15
303 -5.5.2
Curb
15
303 -5.5.4
Gutter
15
• •
SP10F15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
NEWPORT DUNES STORM WATER DIVERSION
Contract 3297
INTRODUCTION
All work necessary for the completion of this contract shall be done in accord with (1)
these Special Provisions; (2) the Plans (D- 5248 -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 and (5) the latest edition of American Water
Works Association (AWWA) standards as amended. Copies of the Standard Special
Provisions and Standard Drawings may be purchased at the Public Works Department.
Copies of the Standard Specifications may be purchased from Building News, Inc.,
3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775.
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion
of this contract consists of constructing storm drain pipes, manholes and constructing
other incidental items of work as shown on plans D- 5248 -S and as specified herein."
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section, "The Engineer will provide construction
staking as required to construct the improvements. Any additional stakes or any re-
staking or costs thereof shall be the responsibility of the Contractor. The Contractor
shall notify the City in writing two (2) working days in advance of the time that the stakes
are needed."
.. • •
SP 2 OF 15
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.
(b) Work by Subcontractor. When a Subcontractor performs all or any part of
the extra work, the markup established in 3- 3.2.3(a) shall be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent
on work added in excess of $5,000 of the subcontracted portion of the extra work
may be added by the Contractor.
This Section only applies to work in excess of the estimated quantities shown in
the Proposal."
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall 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 are required because of unsatisfactory results in the manner
• i
SP 3 OF 15
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 the
existing sewer manholes.
SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section, "No work shall begin until a schedule of work has been approved and a "Notice
to Proceed" has been issued by the Engineer. The Contractor shall submit a
construction schedule to the Engineer for approval a minimum of two (2) working days
prior to commencing any work. Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to reschedule to
conform to the requirements of the Contract Documents. If work falls behind the
approved schedule, the Contractor shall be prohibited from starting additional work in
additional alleys until he has exerted extra effort to meet his original schedule and has
demonstrated that he will be able to maintain his approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from his overall time of
completion requirement, nor shall it be constructed as the basis for payment of extra work
because additional men and equipment were required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. "The Contractor shall complete all work under the Contract within
thirty (30) consecutive working days from the date of the "Notice to Proceed ". 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. The Contractor shall take note
that the Notice -to- Proceed will be issued such that work will begin no later than
March 5, 2001."
6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st,
the third Monday in February (President's Day), the last Monday in May (Memorial Day),
July 5th, the first Monday in September (Labor Day), November 11th (Veterans Day),
the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). 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 4:30 p.m.
Monday through Thursday and 7:00 a.m. to 3:30 on Fridays.
SP 4 OF 15
Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. Fridays) (up to 6:30
p.m.) weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first obtain
special permission from the Engineer. A request for working during any of these hours
must be made at least 72 hours in advance of the desired time period. A separate
request must be made for each work shift. The Engineer reserves the right to deny any
or all such requests. Additionally, the Contractor shall pay for inspection costs of
$50.00 per hour when such time periods are approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive
calendar day after the thirty (30) consecutive working days specified for completion of
the work, the 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 monies due it, the daily sum of $500.00.
Revise paragraph two, sentence one, to read "Execution of the Contract shall constitute
agreement by the Agency and Contractor that $500.00 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
the time that the alleys are closed to the public.
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "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 shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six hour 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 Division. 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 $750 meter
deposit with the City. Upon return of the meter to the City, the deposit will be returned
to the Contractor, less a quantity charge for water usage and repair charges for damage
to the meter."
„
SP 5 OF 15
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water
containing mud, silt or other deleterious material due to the construction of this project
shall be treated by filtration or retention in settling basin(s) sufficient to prevent such
material from migrating into the bay.”
7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These
plates may be obtained for a rental charge of $15.00 per plate per week or part thereof.
In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting
and 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 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide
traffic control and access in accordance with Section 7 -10 of the Standard
Specifications and the Work Area Traffic Control Handbook (WATCH, 1996 Edition)
also published by Building News, Inc. One lane of traffic shall be maintained in each
direction, North and South bound, on Back Bay Drive."
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."
7 -10.3 Street Closures, Detours and Barricades. Add to this section, "The
Contractor shall also prepare a traffic control plan. The Contractor will be responsible
for processing and obtaining approval of a traffic control plan from the City's Traffic
Engineer. The Contractor shall adhere to the conditions of the traffic control plan."
7 -10.4 Public Safety
7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely
and completely responsible for conditions of the job -site, including 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.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance will not include review or observation of the
adequacy of the Contractor's safety measures in, on, or near the construction site.
The Contractor shall submit to the City for acceptance, in advance of excavation, a
detailed plan showing the design of shoring, bracing, sloping, or other provisions to be
made for worker protection from the hazard of caving ground during the excavation of
any trench or trenches 5 -feet or more in depth. The plan shall be prepared by a
SP 6 OF 15
registered civil or structural engineer licensed in the State of California. As part of the
plan, a note shall be included stating that the registered civil or structural engineer
certifies that the plan complies with CAL -OSHA Construction Safety Orders, or that the
registered civil or structural engineer certifies that the plan is not less effective than the
shoring, bracing, sloping, or other provisions of the Safety Orders.
The detailed plan showing the design of shoring, etc., which the Contractor is required
to submit to the City for acceptance in advance of excavation will not be accepted by
the City if the plan is based on subsurface conditions which are more favorable than
those revealed by the investigations made by the City or the Engineer or their
consultants; nor will the plan be accepted if it is based on soils - related design criteria
which is less restrictive than the criteria set forth in the report on the aforesaid
investigations of subsurface conditions.
The detailed plan showing the design of shoring, etc, shall include surcharge loads for
nearby embankments and structures, for spoil banks, and for construction equipment
and other construction loading. The plan shall indicate for all trench conditions the
minimum horizontal distances from the side of the trench to its top to the near side of
the surcharge loads.
Nothing contained in this section shall be construed as relieving the Contractor of the
full responsibility for providing shoring, bracing, sloping, or other provisions which are
adequate for worker protection."
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 -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
and /or a Pipeline Specialty Contractor C -34 License. At the start of work and until
completion of work, the Contractor shall possess a Business License issued by the City
of Newport Beach.
0
SP7OF15
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up -to -date and so certified by the Engineer at the time each progress bill is submitted.
Upon completion of the project, the Contractor shall provide "As- Built' corrections upon
a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer
prior to final payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three (3) years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two 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." The following items of work pertain to the bid items
included within the Proposal:
NEWPORT DUNES NUISANCE FLOW
Item No. 1 Mobilization: Work under this item shall include all preparation and
scheduling of materials and equipment necessary to complete the work under this
contract.
Item No. 2 Back Bay Drive Traffic Control: Work under this item shall include
the delivery of all required notifications and temporary parking permits, posting of
signs and all other 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, signs, cones, barricades, flashing
arrow sign, K -rail, striping, flag men and all other work necessary to comply with the
WATCH manual, latest edition, and City of Newport Beach Requirements.
Item No. 3 Install Lined Cast -In -Place Manhole #1 with one 8 -inch Flap Check
Valve: Work under this item shall include furnishing and installing manholes per
City STD - 406 -L, including, but not limited to, pavement removal, exposing utilities in
SP8OF15
advance of the work, excavation, temporary patching or plating, control of ground or
surface water, backfill, compaction, disposal of excess excavated materials,
installation of base, shaft, grade rings, manhole frames and 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, disposal of excess excavation materials and all other
work necessary to construct the sewer manhole complete and in place.
Item No. 4 Install New Diversion Structure (Manhole #2): Work under this item
shall include furnishing and installing manholes per City STD - 406 -L, including, but
not limited to, exposing utilities in advance of the work, excavation, temporary
patching or plating, control of ground or surface water, backfill, compaction, disposal
of excess excavated materials, installation of base, shaft, grade rings, manhole
frames and 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, disposal of excess
excavation materials and all other work necessary to construct the sewer manhole
complete and in place.
Item No. 5 Install New Diversion Structure (Manhole #3) with one 8 -inch
Butterfly Valve: Work under this item shall include furnishing and installing
manholes per City STD - 406 -L, including, but not limited to, exposing utilities in
advance of the work, excavation, temporary patching or plating, control of ground or
surface water, backfill, compaction, disposal of excess excavated materials,
installation of base, shaft, grade rings, manhole frames and 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, disposal of excess excavation materials and all other
work necessary to construct the sewer manhole complete and in place.
Item No. 6 Install New 8 -inch PVC SDR35 Gravity Sewer Pipe Including
Trench Resurfacing: Work under this item shall include furnishing and installing all
pipe material per Section 207 -18 of the SSPWC, including, but not limited to,
exposing utilities in advance of pipe excavation operations, trench excavation,
shoring, bracing, temporary patching or trench plates, control of ground and surface
water, bedding, backfill, compaction, installation of sewer pipe, 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, compaction
and replacement of the alley improvements to match existing improvements and all
other work necessary to install the pipe complete in place.
Item No. 7 Install New 3 -inch PVC SDR35 Gravity Storm Drain Pipe Including
Trench Resurfacing: Work under this item shall include furnishing and installing all
pipe material per Section 207 -18 of the SSPWC, including, but not limited to,
pavement removal, exposing utilities in advance of pipe excavation operations,
SP9OF15
trench excavation, shoring, bracing, temporary patching or trench plates, control of
ground and surface water, bedding, backfill, compaction, installation of sewer pipe,
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, compaction and replacement of the alley improvements to
match existing improvements and all other work necessary to install the pipe
complete in place.
Item No. 8 Install New Drain Box with Aluminum Checker Plate: Work under
this item shall include furnishing and installing a drain box, including, but not limited
to, exposing utilities in advance of the work, excavation, backfill, compaction,
disposal of excess excavated materials, installation of concrete vault 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, disposal of excess
excavation materials and all other work necessary to construct the new drain box
and in place.
Item No. 9 Install Miscellaneous Improvement at Existing Storm Drain Junction
Box: Work under this item shall include furnishing and installing miscellaneous
improvements including, but not limited to, exposing utilities in advance of the work,
excavation, backfill, compaction, disposal of excess excavated materials, installation
of concrete vault 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, disposal of
excess excavation materials and all other work necessary to install miscellaneous
improvements complete and in place.
9 -3.2 Partial and Final Payment. Add to this section, 'Partial payments for
mobilization and traffic control shall be made in accordance with Section 10264 of the
California Public Contract Code."
PART 2
CONSTRUCTION MATERIALS
SECTION 202 - -- VALVES
202 -1 GENERAL
202 -1.1 Requirements. The CONTRACTOR shall furnish and install manually -
operated butterfly and flap check valves, complete and operable, as shown and
specified herein, including epoxy coating, appurtenances, operators, and accessories,
in accordance with the requirements of the Contract Documents.
0
0
SP 10 OF 15
202 -1.2 Quality Assurance. All valves shall be tested in accordance with
manufacturer's recommendations and applicable AWWA/ANSI specifications. Records
of tests shall be furnished as specified in AWWA C504. An affidavit of compliance as
specified in Section 1.7 of AWWA C504 shall be furnished. Certified drawings and
material specifications shall be submitted by the CONTRACTOR covering the items
included in Section 1.4 of AWWA C504.
202 -2 PARTS
202 -2.1 General
A. Butterfly Valve
Butterfly valves shall be as shown and be suitable for sewage application. Body:
PVC; Disc: polypropylene; stem: 316SS; manual operating key: two. Acceptable
product: ASAHI /America Butterfly valves manufactured by Harrington, or equal.
B. Flap Check Valve
Flap valves shall be per Orange County Sanitation District Standard Drawing S-
056.
202 -3 EXECUTION
202 -3.1 Installation
202 -3AA General. All valves and accessories shall be installed in
accordance with the manufacturer's written instructions and as shown and specified.
Valves shall be firmly supported to avoid undue stresses on the pipe.
202 -3.1.2 Access. All valves shall be installed to provide easy access for
operation without special tools or ladders, for removal and for maintenance, and to
avoid conflicts between valve operators and structural members.
202 -3.1.4 Field Testing: All valves shall be field tested following installation
to demonstrate that the valve operates under field conditions in a manner consistent
with the design of the system. All field testing of valves shall be witnessed and
approved by the ENGINEER.
202 -3.1.6 Position Indicators. Valve operators and position indicators shall
be installed and orientated to provide clear visibility from the nearest accessible
operator work area and shall be subject to the ENGINEER's approval.
SECTION 203 - -- FIBERGLASS GRATING
203 -1 GENERAL
203 -1.1 Requirements. The CONTRACTOR shall furnish all tools, equipment,
materials, and supplies and shall perform all labor required to complete the work
0
0
SP 11 OF 15
necessary to furnish and install fabricated grating and grating supports as indicated on
the Drawings and specified herein.
A. The CONTRACTOR shall furnish and install fabricated fiberglass items, complete
and serviceable as shown and specified herein, all in accordance with the
requirements of the Contract Documents.
B. Grating shall be fiberglass grating supported on stainless steel shelf angles cast
in the concrete or attached with stainless steel hardware as shown on the
Contract Documents. Embedded angles shall be mitered and welded together at
each corner. Grating color shall be safety yellow unless otherwise specified.
C. Grating shall cover the areas indicated and detailed on the Contract Documents.
Where grating is indicated over a channel or an opening, it shall cover the entire
channel or opening, unless specifically noted or detailed otherwise.
D. Grating shall be designed by the manufacturer so that the grating will support a
uniform loading of 250 lbs. per square foot on the entire area of the grating with
a maximum ratio of deflection /length of 1/100, unless otherwise specified in
Plans. Intermediate supports shall be provided where required to meet loading
conditions. Support materials are subject to the ENGINEER's approval
203 -1.2 Reference Specifications, Codes, and Standards
A. Comply with the current provisions of the following Codes and Standards.
1. Commercial Standards:
• ASTM D 635 Standard Test Method for Rate of Burning and /or Extent
and Time of Burning of Self- Supporting Plastics in a
Horizontal Position
• ASTM D 638 Test Method for Tensile Properties of Plastics
• ASTM D 790 Standard Test Methods for Flexural Properties of Un-
reinforced and Reinforced Plastics and Electrical
Insulating Materials
• ASTM E 84 Standard Test Method for Surface Burning
Characteristics of Building Materials
203 -1.3 Contractor Submittals. The following submittals and specific
information shall be provided:
1. Product Data:
a. Catalog information and catalog cuts.
b. Manufacturer's specifications, to include coatings.
c. Special handling and storage requirements.
2. Installation instructions.
3. Shop Drawings:
a. Grating: Show dimensions, weight, and size, and location of connections to
adjacent grating, supports, and other work.
4. Quality Control Submittals:
a. Factory test reports.
b. Manufacturer's certification of compliance for specified products.
0
SP 12 OF 15
c. Fire Retardant: Independent laboratory test report of testing conducted on
exact type of grating proposed and dated within 2 years of submittal date (not
a resin test report).
d. The grating manufacturer shall furnish the ENGINEER with calculations
showing that the grating will meet the load- bearing and deflection provisions
of the specifications for each size of grating and for each span. The
CONTRACTOR shall, if required by the ENGINEER, test under full load one
section of each size of grating for each span length involved on the job, to
show compliance with these specifications. A suitable dial gauge shall be
provided by the CONTRACTOR for measuring deflections.
203 -1.4 Quality Assurance. Fabrication, installation, standard clearances,
banding, and tolerances shall be as follows:
1. Fiberglass Grating: In accordance with the catalog data and referenced
standards included in the catalog for the manufacturers specifically listed in this
Specification section.
203 -1.5 Delivery, Storage, and Handling
1. Preparation for Shipment
a. Insofar as is practical, factory assemble items provided hereunder.
b. Package and clearly tag parts and assemblies that are shipped unassembled
in a manner that will protect the materials from damage, and facilitate
identification and final assembly in the field.
2. Storage and Handling: In accordance with manufacturer's recommendations.
203 -2 PRODUCTS
203 -2.1 General
A. Manufacturer's Experience: All items to be provided under this Section shall be
furnished only by manufacturers having experience in the manufacture of similar
products, with a record of successful installations.
B. Quality: All fiberglass items shall be constructed of new, first - class, commercial -
quality, fiber- glass- fabric - reinforced, polyester resin laminate material of the strength,
thickness, and dimensions shown and specified herein, using the matched die - molded
method.
C. Finish: All finished surfaces of fiberglass items and fabrications shall be smooth,
resin -rich, free of voids, and without dry spots, crazes, or unreinforced areas, and shall
provide for corrosion resistance and weathering. Outer surfaces shall be reasonably
smooth and no glass fibers shall be exposed.
D. Supports and Fasteners: The CONTRACTOR shall provide all bolts, anchor
bolts, nuts, washers, and supports as required for all the plastic and fiberglass items
specified in this Section, in accordance with the requirements of the manufacturers of
the plastic and fiberglass items. All bolts, anchor bolts, washers and supports required
in connection with the plastic or fiberglass items provided under this Section shall be of
Type 316 stainless steel.
n
U
0
SP 13 OF 15
203 -2.2 Fiberglass Grating
A. Construction: Fiberglass grating shall be minimum one inch high with one inch by
4 -inch grid, or 1 -1/2 inch high with 1 -1/2 inch by 6 -inch grid, and all cut edges shall be
resealed. The maximum deflection under design load (200 psf) shall not exceed 1/8-
inch at 24 -inch span. All fiberglass grating shall have a permanently slip- resistant
surface.
B. Grating shall be fiberglass having all reinforcements completely wetted with a
polyester resin for chemical resistance. The resin shall be a fire- retardant grade
polyester with a flame spread rating of 25 or less as per ASTM E 84 and a non - burning
rating as per ASTM D 635. Fiberglass shall contain an ultraviolet absorber to protect
the resin from ultraviolet degradation. Grating surfaces shall be nonskid utilizing angular
silica particles embedded in the upper portion of the grating or other system acceptable
to the ENGINEER.
C. Manufacturers, or Equal:
1. Fibergrate Corp., " Fibergrate"
2. Chemical Proof Corp., "Chemi- Grate'
3. Poly - Trugrid by Borden Grating
4. Duradek by Aligned Fiber Composites, Inc.
203 -3 EXECUTION
203 -3.1 Installation
A. Grating sections adjacent to each other shall be in the same plane. There shall
not be more than a 1/8 -inch clearance between the ends of the grating and the mating
face of the adjacent grating, support angle or other adjacent vertical surface. Angle
stops shall be installed at ends of grating to prevent grating from sliding out of rebate,
or otherwise sliding off end support members. Where an area requires more than one
grating section to cover the area, adjacent grating sections shall be clamped together at
the 1/4 points with mounting clips. All mounting clips and hardware shall be stainless
steel as approved by the ENGINEER. Ends of grating and all cut edges shall be sealed
with resin as recommended by the manufacturer.
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
z
0
0
SP 14 OF 15
jackhammers or sledgehammers. Pavement breakers or stoppers 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 - Concrete Curb, Walk, Gutters, Cross Gutters.
Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a
minimum of two (2) inches." And replace the words 1 '/� inch" of the last sentence with
the words "two (2) inches."
300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility that 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 302 - -- ROADWAY SURFACING
302 -5 ASPHALT CONCRETE PAVEMENT
302 -5.1 General. Add to this section, 'The asphalt concrete used shall be III -C3-
AR- 4000."
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. Said strength
may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by
the use of additional Portland cement or admixtures with prior approval of the
Engineer."
s •
SP 15 OF 15
SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION
303 -5 CONCRETE CURBS, WALKS, GUTTERS AND CROSS GUTTERS, ALLEY
AND INTERSECTIONS
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, 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
303 -5.4.1 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 2 inches."
303 -5.5 Finishing
303 -5.5.1 General. Add to this section, 'The Contractor shall patch back A.C.
and P.C.C. 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 W -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."
ITEM SZq
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Deputy City Manager
Mike Sinacori, Utilities Engineer, Department of Public Works
SUBJECT: Newport Dunes Storm Water Diversion System APPROVED
RECOMMENDED (1) Adopt Resolution 2001 -_ relating to supporting the Newport Dunes 2�
ACTIONS: Storm Water Diversion System. K o O00 }
(2) Approve the Plans and Specifications for the Newport Dunes Storm Water
Diversion System.
(3) Authorize the City Manager to direct staff to complete the following:
(a) Informal bidding associated with the construction of the Diversion;
(b) Communication with the Orange County Sanitation District, the
Newport Dunes Resort, the Hyatt Newporter Resort, and other related
parties regarding the Diversion System;
(c) Award of a contract to the lowest responsible bidder to construct the
Diversion System; and
(d) Negotiations with the OCSD and the watershed interests to prepare an
operating and maintenance agreement associated with the long -term
operation of the Diversion and return to City Council for approval of
this/ these agreement(s).
(4) Approve Budget Amendment (BA -030) accepting $40,000 from the Orange
County Sanitation District and $40,000 from the County of Orange for the
construction of the Diversion System.
BACKGROUND: Newport Bay is an impaired water body per §303(d) of the federal Clean Water
Act. As such, the US Environmental Protection Agency (US EPA) and the State
Water Resources Control Board (SWRCB) via the California Regional Water
Quality Control Board, Santa Ana Region (Regional Board) is directed to prepare
total maximum daily loads (TMDLs) for Newport Bay that reduce or eliminate
the Bay's impairments. The Bay is listed as impaired for the following
substances:
• Sediment
• Nutrients (nitrogen and phosphorous)
• Fecal Coliform (an indicator bacteria of possible human pathogens)
• Toxics (includes pesticides and heavy metals)
The only TMDL not yet adopted and in place is the Toxics TMDL. The Fecal
Coliform TMDL, adopted by the Regional Board in late 1999, generally requires
that the Bay meet "REC -1" water quality standards (water contact recreational
activities like swimming) all year by December 30, 2013.
Newport Beach City Council
0 • Page 2
As a part of the plan to meet REC -1 standards, the Regional Board directed the
City and County to address and characterize fecal coliform inputs that drain into
the Newport Dunes swimming lagoon from a storm drain on the Lagoon's
eastern side. (see Dunes drainage area map, Attachment B). The Dunes Lagoon
- arguably through no fault of the Dunes Resort itself - has had chronic beach
"postings" where bacteria samples from the water have exceeded the limits set
by state law (AB 411, Wayne, 1997) for swimmable waters.
To do our part to meet the TMDL's requirements, the City has proceeded with a
viral testing program (using a $175,000 State grant) to complete the fecal
coliform characterization. We have also watched as the Dunes Resort has
constructed a temporary pump and sandbag diversion of the allegedly
offending storm drain into the wastewater treatment lines.
At the same time, the Regional Board agreed in Fall 1998 to the Orange County
Sanitation District's (OCSD) proposal to settle a $40,000 Administrative Civil
Liability complaint (ACL #99 -58) by completing a Supplemental Environmental
Project (SEP) that would permanently divert the aforementioned Dunes storm
drain into OCSD's wastewater system by way of the City's sewer. This Project is
estimated to cost about $80,000. The Regional Board views the Project as an
important part of an overall Dunes Lagoon improvement plan integrated with
the Fecal Coliform TMDL.
The Dunes Storm Water Diversion project piqued the City's interest in 2000 in
the context of a demonstration project for diversions countywide. Arguably,
much of the City's urban runoff problem (the often -toxic mix of pet waste, oil,
brake dust, fertilizers, and pesticides that runs down gutters into stormdrains
and into the Bay or Ocean) could be addressed by diverting the storm drains into
the wastewater treatment system. But doing so on a massive, city -wide scale
would severely impact the general fund portion of the City's Capital
Improvement Plan (CIP) and the OCSD's sewage treatment facilities.
In April 2000, the OCSD agreed to take a limited amount of dry weather urban
runoff into its wastewater system. OCSD's revised diversion policy (September
2000) requires all diverting parties to pay about $321.00 per million gallons per
day ( "mgd ") if cumulative diversion flows reach 4 mgd at OCSD's facilities. So
far, the diversion -to -sewer flows to OCSD have been between 1 and 2 mgd, most
of which comes from County flood control channels in Huntington Beach and
County and City of Huntington Beach storm water pump stations. New
development in Crystal Cove (Newport Coast) will soon begin discharging about
0.2 mgd to the OCSD system.
Back to the Dunes Drain. In much of Summer and Fall 2000, the Dunes Lagoon
saw frequent beach postings even as we understood that the temporary
diversion of about 0.2 mgd was in place. As a result, City staff became
concerned that an $80,000 permanent diversion system may not improve the
water quality of the Lagoon. This concern stalled the Project's construction until
staff could review more data from the OC Health Care Agency's testing
program. At the same time, we also learned that the Dunes temporary diversion
system was frequently not fully functional during 2000.
\ \MtS_1 \SYS\Dsen \CM0\DKiff\MyD uments \Newport Bay— M1 \01 -02.13 AIDunes Mvenion.doc
• • Page 3
On February 7, 2001, we met with staff from the Regional Board, the County of
Orange Health Care Agency, the OCSD, and the Dunes to see whether the Dunes
Lagoon beach postings correlated with downtimes for the temporary diversion.
While the Dunes' records were not rigorous, anecdotal evidence provided by the
Dunes suggests that the postings did correlate with an inoperable diversion
system. Therefore, we agreed to complete the Project pending your Council's
approval.
At the same time, the OCSD received a letter from the Regional Board's
Executive Director, Mr. Gerard J. Theibeault (see Attachment C) that directed
OCSD to complete the Project by March 31, 2001. "Failure to timely complete the
SEP," the letter read, "would result in rejection of the SEP..." The letter also
criticized the City (fairly so) for being "largely responsible for the current delays
in project construction and SEP completion." The City did delay construction.
However, we did so to seek additional assurance that this $80,000 project had a
reasonable chance to succeed in solving the Lagoons water quality problem. We
now believe that the Project will partly - but not completely - solve the Dunes
Lagoon contamination problem (other contributors to high bacteria counts may
be the birds and/or swimmers in the Lagoon).
THIS AGENDA In light of the Regional Board's request, this Agenda Item asks for your Council's
ITEM-. approval of a relatively rapid timeline to complete the Dunes Diversion Project.
It asks for your approval of a Resolution to this effect (see Attachment A) and
authorizes the City Manager to direct an informal bid process associated with the
effort and to authorize him to execute the construction contract with the low
bidder for the construction of the diversion system.
A typical bid process and City Council award for a project over $30,000 would
take about six weeks. The informal bidding process will allow Public Works staff
to solicit bids from contractors who perform this type of work and who have
been low bidders on past City projects. They would be requested to respond in
less than two weeks and be able to immediately execute a construction contract
with appropriate insurance to complete the work. The notice to proceed would
be issued sometime near March 1 and the work would need to be complete
within 30 days. If the Project is not completed by April 15 or so, ifs likely that
the Regional Board will ask that the OCSD's $40,000 be paid as a fine rather than
go towards the Project.
Going Forward. The permanent diversion system will involve ongoing future
costs. We anticipate preparing agreements associated with the ownership,
maintenance, treatment costs and testing for the diversion system and returning
draft agreements to the City Council at a future date for discussion or approval.
The issues to be addressed include:
• Which entity will own and maintain the diversion system;
• The manner in which the City would, as a part of its Fecal Coliform and
Toxics TMDL obligations, complete routine water testing of the inputs to
the diversion system (about $2,000 per year);
• How watershed interests would work with the City to minimize diversion
flow so that the parties would minimize any treatment costs should
OCSD's 4 mgd threshold be exceeded.
\ \M6_1 \5MUa \GMO \Dxia\My Documenb\ Newport Bay -2001 \01-02- 13AIDunes Divenion.dw
• Page d
Budget Issues. All construction funds for the project are non -City funds --
$40,000 from the OCSD and $40,000 from the County of Orange per the County's
2000 diversion grant program. Acceptance and distribution of these funds must
be done via a Budget Amendment (see Attachment D). The City's ongoing
testing expense is currently budgeted within the CfP under the Fecal Coliform
TMDL (CNB /CIP page 90, Project #C0310525).
ATTACHMENTS: Attachment A - Resolution 2001 -
Attachment B - Dunes Lagoon Storm Drain Map
Attachment C - Letter to OCSD from Santa Ana Regional Board
Attachment D - Budget Amendment (BA -030)
\ \MJS_ 1 \SYS\Dsen \CMO \DMff\MyD Umenb \Newport Hay —] 1 \01-0&13 Al Dunn Dwnjomdm
• • Page 5
ATTACHMENT A
Resolution 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
SUPPORTING THE NEWPORT DUNES
STORM WATER DIVERSION
WHEREAS, Newport Bay is an impaired water body under Section 303(d) of the federal
Clean Water Act and is therefore subject to Total Maximum Daily Loads for sediment, nutrients,
fecal coliform, and toxics; and
WHEREAS, the Fecal Coliform TMDL directs the City and its Bay partners to clean up
inputs to the Bay such that the Bay meets REC -1 (water contact recreational activities like
swimming) standards by 2013; and
WHEREAS, a key area of the Bay subject to excessive amounts of fecal coliform is a portion
of the Newport Dunes swimming lagoon; and
WHEREAS, the Dunes Lagoon receives drainage from a watershed east of the Lagoon near
Jamboree and Back Bay Drive; and
WHEREAS, diverting dry weather flows from this drainage area into the wastewater
system may lead to water quality improvements in the Dunes Lagoon; and
WHEREAS, the Orange County Sanitation District and the California Regional Water
Quality Control Board, Santa Ana Region, has proposed a Supplemental Environmental Project
(SEP) that would permanently divert these flows to the wastewater system; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that the City supports this
proposal and authorizes the construction of this SEP within City limits using OCSD and County
of Orange diversion funds, and be it also
RESOLVED that the City Council hereby authorizes the City Manager to direct the
construction of this SEP within a timely manner as directed by the Regional Board.
ADOPTED this 131h day of February, 2001.
Garold Adams
MAYOR
ATTEST:
LaVonne Harkless
CITY CLERK
\ \Mb_1 \SY5\Uwm \CM0\DKIa\My Dmument \Newport Bay —2001 \01-02 -13 Al Dunn NwmianAm
•
LLLI I I
r T
tis
J�T
0
CD
Cl)
I C/)
Pi'f KW#A&JT %# G
California 1-gional Water Quality C*trol Board
iSanta Ana Region
Wimion H. Hkkox Interest Address: hup: / /www.swtcb.ca.guv p8
Secremry /or 7777 Maio Stmt Suite 300, Riverside, Cafifaniaa 97501.3348 Gray Davh
£nnrduneNd Phone (909) 782 -4130 - FAX (909) 781.6288^
Prarecnou
January 31, 2001
Robert P. Ghirelli, D. Env.
Director of Technical Services
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92728 -8127
ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. 99 -58 SUPPLEMENTAL ENVIRONMENTAL
PROJECT
Dear Mr. Ghirelli
As you know, in the fall of 1999, Orange County Sanitation District proposed settling Administrative
Civil Liability Complaint No. 99 -58 through a Supplemental Environmental Project (SEP) to intercept
dry weather runoff flowing into the Newport Dunes area and diverting the runoff to the sanitary
sewer system. Dry weather runoff entering the swimming lagoon at Newport Dunes is believed to
be responsible for the frequent public health advisories that have been posted in this area. OCSD's
staff made the proposal to Regional Board staff, and we in turn accepted it. However, no schedule
for completing this SEP was offered by OCSD or was requested by Board staff. The proposal was
that OCSD would fund the design of the dry weather diversion project and provide funding for
project construction, at least up to the amount of the administrative civil liability assessed by
Complaint No. 99 -58, $40,000.
In the course of OCSD's Quarterly Management Meetings, which Board staff attend, the status of
this SEP has been discussed. From these discussions, it's obvious to Regional Board staff that the
SEP has not been completed, and there appears to be little impetus to do so. The project design
has been completed. OCSD staff has suggested that the City of Newport Beach is largely
responsible for current delays in project construction and SEP completion. Nevertheless, we hold
OCSD fully responsible for successfully completing the agreed upon SEP.
By February 8, 2001, please submit a schedule to complete of the SEP no later than March 31,
2001. Failure to timely complete the SEP will result in rejection of the SEP and a demand that the
full amount of liability assessed by Complaint No. 99 -58 be promptly paid to the State Water
Resources Control Board.
If you or your staff have any questions, please contact me at (909) 782 -3284, or contact Mark
Adelson of my staff at (909) 782 -3234.
Sincerely,
G J. Thibeault
Executive Officer
cc: Dave Kiff, Deputy City Manager, City of Newport Beach ✓
Larry Honeybourne, Orange County Health Care Agency
mga/ACLC 99 -58 SEP
Cali forma Environmental Protection Agency
Recycled Paper
4$ity of Newport Beach
BUDGET AMENDMENT
2000 -01
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 030
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase revenues estimates by $80,000 for two $40,000 contributions from the County of Orange
and OC Sanitation District to construct a stormdrain -to -sewer diversion from Newport Dunes.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Eund Account Description
250 3605 Contributions Fund
REVENUE ESTIMATES (360 1)
Fund /Division Account Description
250 4858 Intergovernmental Contributions
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
Amount
Debit Credit
$80,000.00
- Automatic
Date
Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7251 Contributions Fund Capital Projects
Account
Number
8200 Dunes - Stormdrain -to -Sewer Diversion
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
Amount
Debit Credit
$80,000.00
- Automatic
Date
Date
Signed:
City Council Approval: City Clerk Date
f&y of Newport Beach
BUDGET AMENDMENT
2000 -01
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE
N
EXPLANATION:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
This budget amendment is requested to provide for the following:
NO. BA- 030
$80,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
l i
FEB 1 3
L-- APPROVED
To increase revenues estimates by $80,000 for two $40,000 contributions from the County of Orange
and OC Sanitation District to construct a stormdrain -to -sewer diversion from Newport Dunes.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Eund Account
250 3605
Description
Contributions Fund
REVENUE ESTIMATES (3601)
Fund /Division AcrouuI Description
250 4858 Intergovernmental Contributions
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
Signed:
Description
7251 Contributions Fund Capital Projects
8200 Dunes - Stormdrain -to -Sewer Diversion
Financial Approval: Administrative Services Director
City Council Approval: City Clerk
Amount
Debit Credit
$80,000.00
$80,000.00
Date
Z //Z o
06te
alr3 /oi
Date
RESOLUTION NO. 2001- 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
SUPPORTING THE NEWPORT DUNES
STORM WATER DIVERSION
WHEREAS, Newport Bay is an impaired water body under Section 303(d) of the federal
Clean Water Act and is therefore subject to Total Maximum Daily Loads for sediment,
nutrients, fecal coliform, and toxics; and
WHEREAS, the Fecal Coliform TMDL directs the City and its Bay partners to clean up
inputs to the Bay such that the Bay meets REC -1 (water contact recreational activities like
swimming) standards by 2013; and
WHEREAS, a key area of the Bay subject to excessive amounts of fecal coliform is a
portion of the Newport Dunes swimming lagoon; and
WHEREAS, the Dunes Lagoon receives drainage from a watershed east of the Lagoon
near Jamboree and Back Bay Drive; and
WHEREAS, diverting dry weather flows from this drainage area into the wastewater
system may lead to water quality improvements in the Dunes Lagoon; and
WHEREAS, the Orange County Sanitation District and the California Regional Water
Quality Control Board, Santa Ana Region, has proposed a Supplemental Environmental
Project (SEP) that would permanently divert these flows to the wastewater system; now,
therefore be it
RESOLVED by the City Council of the City of Newport Beach that the City supports
this proposal and authorizes the construction of this SEP within City limits using OCSD
and County of Orange diversion funds, and be it also
RESOLVED that the City Council hereby authorizes the City Manager to direct the
construction of this SEP within a timely manner as directed by the Regional Board.
ADOPTED this 13th day of February, 2001.
ATTEST:
LaVonne Harkless
CITY CLERK
Garold Adams
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2001 -10 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
13th day of February, 2001, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of February, 2001.
(Seal)
City Clerk
Newport Beach, California
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
March 7, 2001
Paulus Engineering, Inc.
2871 E. Coronado Street
Anaheim, CA 92806 -2504
Gentlemen:
Thank you for your courtesy in submitting a bid for the Newport Dunes Storm Water
Diversion (Contract No. 3297) 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,
7p. ff ,rte
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CI 'I0 OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
March 7, 2001
A.D. General Engineering Construction, Inc.
2829 N. Glenoaks Blvd., Suite 106 -101
Burbank, CA 91504 -2660
Gentlemen:
Thank you for your courtesy in submitting a bid for the Newport Dunes Storm Water
Diversion (Contract No. 3297) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
March 7, 2001
Doty Bros. Equipment Co.
11232 E. Firestone Boulevard
Norwalk, CA 90650
Gentlemen:
Thank you for your courtesy in submitting a bid for the Newport Dunes Storm Water
Diversion (Contract No. 3297) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
March 7, 2001
Brongo Construction, Inc.
32332 Camino Capistrano, #205
San Juan Capistrano, CA 92675
Gentlemen:
Thank you for your courtesy in submitting a bid for the Newport Dunes Storm Water
Diversion (Contract No. 3297) 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