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HomeMy WebLinkAboutC-3311 - San Miguel Drive Roadway ImprovementsJuly 24, 2002 CITY OF NEWPORT PEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Holland -Lowe Construction, Inc. 427 S. Pershing Avenue San Bernardino, CA 92408 Subject: San Miguel Drive Roadway Improvements (C -3311) To Whom It May Concern: On July 24, 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 29, 2001. The Surety for the contract is First National Insurance Company of America, and the bond number is 6040670. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach • • PAGE 16 CITY OF NEWPORT BEACH ISSUED IN FOUR DUPLICATE ORIGINALS PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMP OVEM NTS CONTRACT NO. 3311 BOND NO. 6040670 FAITHFUL PERFORMANCE BOND BOND PREMIUM3ASEDON FINAL CONTAACTPKE The premium charges on this Bond is $ 2,637,18 be ng at the rate of $ 15.00 per thousand thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion ac opted, awarded to Holland -Lowe Construction, Inc„ hereinafter designated as the "Principal -, a :ontract for construction of SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS, Contract No. 3: 11 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, al d other Contrac; Documents maintained in the Public Works Department of the City of Newport B ;ach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3311 and the to rms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and First National Insurance 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 E each, in the sum of two hundred thirteen thousand, seven hundred eighteen and noll00 I oilers ($213,718.00), lawful money of the United States of America, said sum being equal to 00% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its uccessors, and assigns; for which payment well and truly to be made, we bind ourselves. our 1 eirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these I resent. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's ieirs. executors, administrators, successors, or assigns, fail to abide by, and well and truly keep rnd perform any or all the work, covenants, conditions, and agreements in the Contract )ocurnents and any alteration thereof made as therein provided on its part, to be kept and rerformed at the time and in the manner therein specified, and in all respects according to its true ntent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Is 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 oecome null and void, d PACE 17 .ns a part of the obligation secured hereby, and in addition to the face amount specified in th s Performance Bond, there shall be included costs and reasonable expenses and fees, in auding reasonable attorneys fees, incurred by the City, only in the event the City 's required to bi ng 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, a aerations or additions to the terms of the Contract or to the work to be performed thereunder or tc the specifications accompanying the same shall in any way affect its obligations on this Bond. a id it does hereby waive notice of any such change, extension of time, alterations or additions of It e Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full fi rce and effect for one year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the c aath 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 E urety above named, on the 12T day of JULY 20 9n Holland -Lowe Construction, Inc. I lame of Contractor (Principal) First National Insurance Company of America Jame of Surety 2402 Michelson Dr., Suite 120 Irvine, CA 92612 -1348 kddress of Surety (949) 862 -4914 telephone Agent Signature Attorney -in -fact NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED f,\ userskpbwkshared kontractakmastefslSAN MIGUEL DRIVE ROADWAY IMPROVEtvIENTS.doc 1/2000 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Coun om ms rm�o orotsa: tee.'t+M �. Nopry wN;o•7 personally aPPeared Id�`� WUt/ C . pervsonally known to me ] proed to me on the basis of satisfactory evidence DE ANNA L LOWE to be the person!) whose nam4,9) qlamr -Mbsc ' to the 3 Comm2sion # 1186075 within instrument and ackngeentity to me th h et' ��- :m:. }� Notary Public- Callfarrda executed a same authorized Riverside Count' M, Comm X 6.7004 capacit s , and that by signature(d)-on the instrument the person(d), or upon behalf of which the person(k) acted, executed the instrument. my hand an e'�1,,,,se``aDDl. 1�N, � Ww No1ry Sul A6ow NoafNgar PvblE OPTIONAL Though the in formation below m not required by law• it may prove vahrabk to persona relying on the docameni and could preventfraudulent mmwol and reattachment of this form to another dacumau Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer Signer's Name [] Individual [] Corporate Officer - Title(s): _ [] Partner - [) Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALfFOMN L,� COUNTY OF ORANGE ) On _7 / Zi aJ before me, FRLNICES LEFLER, VOTARY PUBLIC NAME OF NOTARY PUBLIC personally appeared, YUNG T. KULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(&) whose name( is /are subscribed to the within instrument and acknowledged to me that he %`h:the,, executed the same in his 4e FA+ieir authorized ca acit p y(izs), and that byhis /ker -4keir signature(s) on the instrument the person(a), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. _ FRANCES LEFLER N COMM. N0. 1217724 a It NOTARY , LIGGALIFORNIA W RIVERSIDE COUNTY W MY COMM. tAHRES MAY.14,2003 NOTARY �/RE ,p (SEAL) NOTARY PUBLIC SIGiGAT RE OPTIONAL INFORMATION TITLE OR TYPE OF DOCLRYIENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THA,v NANIED ABOVE CITY OF NEWPORT BEACH August 29, 2001 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Holland -Lowe Construction, Inc. 427 S. Pershing Avenue San Bernardino, CA 92408 Subject: San Miguel Drive Roadway Improvements Project (C -3311) To Whom It May Concern: On July 24, 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 25, 2001, Reference No. 20010503546. The Surety for the contract is First National Insurance Company of America, and the bond number is 6040670. Enclosed is the Labor & Materials Payment Bond. Since/reely, LaVonne M. Harkless, CMC /AAE City Clerk LH:Ib cc: Public Works Department R. Gunther, P.E., Construction Engineer encl. 3300 Newport Boulevard, Newport Beach 0 RECI ISTED BY AND WHE RDED RETURN TO: C..jcUrk0 -2 A9:13 City of Newport Beach 3300 Newport Boulevard N"Wqqf4t GAIN CITY OF NEWPORT SEA I 4 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIIIBIIIiiI! {I!IIIIIIIIIIIII!IIINI!IIIIIINO FEE 115 67 N,z 0010503546 03:41pm 07125/01 0.00 0.00 0.00 0.00 0.00 0.00 OM 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 Holland -Lowe Construction Inc., of San Bernardino, California, as Contractor, entered into a Contract on June 27, 2000. Said Contract set forth certain improvements, as follows: San Miguel Drive Roadway Improvements, C -3311 Work on said Contract was completed on June 8. 2001, and was found to be acceptable on July 24. 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. lic orks Director Ci of Newport Beach VERIFICATION 1 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed onti� BY City Clerk at Newport Beach, California. • • C 3311 "4 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department July 24, 2001 CITY COUNCIL AGENDA ITEM NO. 12 SUBJECT: SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS, CONTRACT NO. 3311 -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. 5. Authorize a budget amendment transferring $43,100 from the unappropriated Circulation and Transportation Fund Balance to Account No. 7261- C5100535. DISCUSSION: On June 27, 2000, the City Council authorized the award of the San Miguel Drive Roadway Improvements contract to Holland -Lowe Construction Inc., of San Bernardino, California. The project was an Orange County Transportation Authority (OCTA), Measure -M sponsored project and consisted of: • A six -foot roadway widening • Median with dual left turn lanes • Pavement, sidewalk, curb and gutter • Curb access ramps reconstruction • Catch basin, storm drain, and traffic signal system modifications • Street light and fire hydrant relocation • New pavement striping and markings installed for San Miguel Drive between Avocado Avenue and MacArthur Boulevard The project provided an additional left turn lane for westbound San Miguel Drive traffic turning onto southbound Avocado Avenue. The Irvine Company (TIC) provided an easement for the roadway widening work in consideration of the installation of parkway SUBJECT: San Miguel Drive Road Improvements, Contract No. 3311 -Completion Acceptance July 24, 2001 Page 2 landscaping along both sides of San Miguel Drive. TIC will maintain these requested improvements. A pre - construction meeting for the project was held on August 31, 2000, and at that time the contractor's schedule called for completion of the project during the second week of December 2000 due to the lead -time required for purchase of the traffic signals. Due to the fact that construction during the holiday season within Newport Center was deemed unacceptable, the City postponed the start of construction until January 18, 2001. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract costs follows: Original bid amount: $213,728.00 Actual amount of bid items constructed: 230,629.14 Total amount of change orders: 40,625.30 Final contract cost: $271,254.44 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional excavation, traffic loops, Type B curb, concrete sidewalk, and asphalt pavement exceeding the bid item quantities. The final overall construction cost, including change orders, was 26.9 percent over the original bid amount. Since the construction costs exceeded the 125 percent threshold of the original contract, the additional expenditure requires Council approval pursuant to the Council Policy Manual. A total of eight change orders were issued to complete the project. They were as follows: 1. $6,742.50 provided for the increased labor and materials costs due to the postponement of the contract start date. 2. $1,201.07 provided for the potholing of underground utilities. 3. $10,205.97 provided for the relocation of two electrical service cabinets and one irrigation service cabinet. 4. $2,589.00 provided for the installation of three additional traffic information signs. 5. $8,095.67 provided for one new electrical service cabinet and the grinding of asphalt within the median. 6. $5,754.02 provided for the underground boring and replacement of a 2 -inch traffic signal conduit. 7. $1,737.07 provided for the removal and replacement of additional curb and gutter. 8. $4,300.00 provided for the grinding and removal of existing traffic striping. SUBJECT: San Miguel Drive RoadAmprovements, Contract No. 3311 - Completion Andoptance July 24, 2001 Page 3 Funds for the project were budgeted in the following accounts: Description Account No. Amount San Miguel Drive Improvements 7284- C5100535 $93,922.00 San Miguel Drive Improvements 7261- C5100535 $177,332.44 Total $271,254.44 The original scheduled completion date was March 22,2001. Due to weather delays, underground utility potholing, utility service cabinet relocations, grinding of the asphalt below the median, and underground boring of the traffic signal conduit, the work was extended to June 8, 2001. All work was completed by the revised completion date. Respectfully submitted, PUBLIC WOV,� DEPARTMENT Steve Badum, Director By: R. R. Gunther, P.E. Construction Engineer `ty of Newport Beach 18 BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 003 AMOUNT: S43,too.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations by $43,100 for San Miguel Drive Roadway Improvements, Contract No. 3311 - Completion and Acceptance. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Debit Credit Fund Account Description 260 3605 Fund Balance $43,100.00 ' REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITUREAPPROPRIATIONS (3603) Description Division Number 7261 Trans and Circulation Account Number C5100535 San MiguellmprvmttAvocado /McArthur $43,100.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Autorm0c System Entry. r Signed: Fina aal proval: Administrativ es irect Date Signed: Administrative Approv . City Manager 01 Olad Signed: City Council Approval: City Clerk Date (ry of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following To increase expenditure appropriations by $43,100 for San Miguel Drive Roadway Improvements, Contract No. 3311 - Completion and Acceptance. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Description A Signed'. Signed: Ctty Signed: !/ y ( V✓ ) .'� City Council Approval: City Clerk C NO. BA- 003 AMOUNT: $43,100.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance i Ll 2 4 ... . Amount Debit Credit $43,100.00 * AutormUc $43,100.00 Date D 17 Date Description _ Division Number 7261 Trans and Circulation Account Number C5100535 San Miguel Imprvmt/Avocado /McArthur Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number A Signed'. Signed: Ctty Signed: !/ y ( V✓ ) .'� City Council Approval: City Clerk C NO. BA- 003 AMOUNT: $43,100.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance i Ll 2 4 ... . Amount Debit Credit $43,100.00 * AutormUc $43,100.00 Date D 17 Date I • • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 1:30 p.m. on the 13th day of June 2000, at which time such bids shall be opened and read for SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS Title of Project Contract No. 3311 $220,000 Engineer's Estimate A prove Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Fong Tse, Project Manager at (949) 644 -3311. 0 0 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) maybe received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 1:30 p.m. on the 13th day of June 2000, at which time such bids shall be opened and read for SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS Title of Project Contract No. 3311 $220,000 Engineer's Estimate A prove Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Fong Tse, Project Manager at(949)644-3311. 0 0 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -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 Acr. 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. �MO5( 4, Y3 g/�,grl- Contractor's License No. & Classification IN Movw-," . gig:turdftitle Jun e, IL Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 BIDDER'S BOND We, the undersigned Principal and Surety, our s and administrators, agree to be jointly and severally Newport Beach, a charter city, in the principal sum of _ Dollars ($ of Newport Beach if the bid proposal of the undersig f MIGUEL DRIVE ROADWAY IMPROVEMENTS, on Beach, is accepted by the City Council of the City f is awarded to the Principal, and the Principal fails Documents for the construction of the project i o r Saturday, Sunday, and federal holidays) aft h dy otherwise this obligation shall become null and vo If the undersigned Principal e it is agreed that the death of any obligations under this Bond. ri Witness our hands this I % J daVof Name of Contractor (Principal) Name of Surety Telephone held PAGE 3 executors, heirs [-to the City of o paid and forfeited to the City i al for the construction of SAN . 3311 in the City of Newport Beach and the proposed contract enter into and execute the Contract squired within ten days (not including of the mailing of Notice of Award; id is executing this Bond as an individual, shall not exonerate the Surety from its 2000. Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ,f 0 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs ar .1 administrators, agree to be jointly and severally held and firmly bound to the City of N( wport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID - - -- _ Dollars ($ - - - - -- 109,-- - - - -}, to be paid and forfeited to the Z71ty of Newport Beach if the bid proposal of the undersigned Principal for the construction of SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS, Contract No. 3311 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 Dc cuments for the construction of the project in the form required within ten days (not Including Sz turday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otl ierwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it s agreed that the death of any such Principal shall not exonerate the Surety from is ob igations under this Bond. Witness our hands thiS31ST day of MAY 0 HOLLAND -LOWE CONSTRUCTION, INC. We me of Contractor (Principal) Authorized W n ure itle FIRST NATIONAL INSURANCE COMPANY OF AMERICA Ne me of Surety' 2402 Michelson Dr., Suite 120 Irvine, CA 92612 -1348 To cress of Surety (949) 862 -4914 Te ephone Authorized A ,*f Sigriature oT YUNG . MULLICK ATTORNEY -IN -FACT PriorName and Title (Notary acknowledgment of Principal & Surety must be attached) Ir • POWER OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: 0T NATIONAL INSURANCE COMPANY OF AMERICA BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 10874 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint rr rurrr rus+rr orrrs r .... ........................'r *YUNG T. MULLICK: Irvine, California"" r.. n. rs. r.. nrrrrrr........... r.rrr. rr .................. .rr......ar its true and lawful attomey(sHn -fact with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 17 R.A. PIERSON, SECRETARY CERTIFICATE day of November �'y&464 W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Aride V, Section 13 of the By -Laws, and (ii) A copy of the powerof- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-ofatbomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL s 1928 this 31ST day of MAY 2000 R.A. PIERSON, SECRETARY S- 10491FNEF 7/98 11/17/1999 PDF CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On before me, FRANCES LEFLER, NOTARY PUBLIC NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(F-) whose name(-e� is /are subscribed to the within instrument and acknowledged to me that he /$� executed the same in his"6e.4h4r authorized capacity(ies), and that by his/heg4heir signature(s) on the instrument the person(, or the entity upon behalf of which the persona) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE tt FRANCES LEFLER N COMM. N0. 1211724 N �` NUTARY rUUI IL CALIFORNIA U) W RIVERSIDE COUNTY W (SEAL) MY CDMMI tXrIRES MAY.14,2003 0 Ll 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California r County ofa& SS. V l�r r O � v before me, � C , Dae Name avd TNe oft t. 'J. Doe, Noun personally appeared _ A,� /W& personally known to me { proved to me on the basis of satisfactory evidence to be the person(sl whose name($ see- subscfi to the DEANNALLOWE within instrument and acknowied to me tha� _ Commission # 1186025 executed the same in authorized Notary Public - cant otnta 17verside Courtly caP acit y(W). and that by (ri hchharsignature(S) on the AAyComm.6 piresJun6 2002 instrument the person(6), or entity upon behalf of which the person(g) acted_ executed the instrument, hand and A. Nt 3" neoet OPTIONAL Though the in formation hefou• fs not mgwmd by lmr, it may prow vakrd* to perams mfy ng on the dommnn m d c ,Up�_froudulmt rrmmal and martodmrent of this, form M wwrher do ,rant. Description of Attached Document Tide or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(its) Claimed by Signer Signer's Name: [j Individual tj Corporate Officer - Title(%). p Partner - [jjjmited p General {j Attomey in Fact [j Trustee {J Guardian or Conservator {� Other: Signer Is Representing: Number of Pages: .7z'ol�znz%ve C'anstruc�zoyz, �ic. 541 N. ,Hain Street Suite 104-350 Donald A. Lowe Carona. CA 91720 -2043 .L. Lowe Nor.—.-- TL (909) 7,-4-3200 FAX (90917-''4.0205 Lvttn L. Lowe L'cense _- i 0905f ROLLAND -LONE CONSTRUCTION. LYC. CERTIFICATE OF RESOLUTION L the undersiamned Secretary of Holland -_ owe Consmaction. Inc. a Catuomia Comorat:on (the - Company-'), do hereby ceai& that the following is a true and a coeec: copy of a resomcior, dui adocted by the Board of Directors of said Comc nv at a meecmg held on lure :0. i991,. Tat Board of Directors acted pursuant to the authority of the 8% laws of the Cororrion and Sec :ion :0' of cht Caiifornia General Corporations Law- and hereby consent to. adoec_ and approve e foiiowi:.: Election of Officers Ic is resolve= that the following persons are eiec:ed to the offices indicated: Dale A Lowe President Donald A. Lowe Vice Presider and Chie Financial Off-Ice- .L. Lowe Nor.—.-- �.ssiszanr Chie: Financiai OEue- Lvttn L. Lowe Secremrr Aurhority to Execute Bids and Commcu Resoive� that any ofr cer or assistant officer of this Company be and each of [tent is Heret nut: orzed ro ex-.cure in the name and on behaif of this Company under its corome seat and any and ail Yroposas for the sale of produc:. merchandise and services of this Company and any bids and perorra =2 bonds required in connection therewith. in the United States. any of d:e States. .s=toves and cieeenciencies of the United Scares. the Dislic: of Columbia cities. covens, towns- -tics. court e_s. scnpoi alsmc5, and to the departments. political subdivisions. agencies or �ynoll�'- Jayne'? cocor_tioms [Hereof. or to any other person. In ', ;mess « nereof. I have hereunco set my nand and atfh-ed the Comm= seal this day of Dece^ber 0 =. 1997. t semi Secrerary to California Corporarioni Qualified to do business in the Scale of California ° -30-9? =hares Shares Issued Stock Pnrvalue AurhOriZed and Oursrandin_ Cacim; S 1.00 Aanual Meedngs: --OD: Des: a[ed b ' .e Scare Fiscal Year: Directors and Officers: Daie A Lowe Donaid A Lowe .Norma L. Lowe Lvnn L. LoNve Robe- E. Poiland (Revised December 04. 1 °O 7) C =:e^aal, Yda, ice °c__,. t::[ rd C: Fs rciai Oi ce_ _ _ssr�.[ C::ie[ : rcZCiai O :L= D L'eti.Jr PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 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 4M to ,(l q�! S 2. 3. fr �/�I (7� 4. t� I`t111 ZAP \ 6. 7. 8. 9. Subcontractor r- �Mutk. ZFE 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 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 /Aaencv Person Telephone To Contact Number • 7Collmrd-Louw Conwwwu, Jnc. • 1001C City of Highland Roger Cane St. Improvements, 9a SL to 88' Northerly Bid.Y95 -1 26985 East Baseline Highland, CA Project Manager Mr. James A. Godredsen 143,726.05 Original Contract Amount 75,891.50 Change Order No. I 3110.50 Change Order No. 2 - 2.368.05 Net Total Contract 76,663.95 Start Date 11/13/95 End Date 01/12/96 1002C Cin of Moreno Valley Street Improvements and Traffic Signal Modification Project No. TS95 -007 14177 Frederick St. Moreno Vallee, CA Contract Amount 143,726.05 Change Order No. I :,539.82 Change Order No. 2 21.192.98 Change Order No. 3 1,195,00 Net'rotal Contract 170.408.85 Start Date 12/06/96 End Date 03/04/96 1003N Yorba Linda Comity Club 19400 Mountain View Ave. Yorba Linda, CA Plan File No. 100 -3n1 Job No. 40 -0215 Contact Reed Ness Total contract 51,000.00 Start Date 03/11/96 End Date 04/2196 1004N Clover Club 25570 Baseline St. San Bernardino, CA Owner Curtis Craig Contract Amount 14.000.00 Start Date 01/05/96 End Date 01/12/96 10050 Palm Meadows Golf Course Parking Lot lin- drovements Special Prot. 99433 C itv of San Bernardino 300 North D Street San Bernardino, CA 92410 Contact Steve Enna Contract Amount 28,137.95 Start Date 0603i96 End Date 08/26/96 1006C City of Rialto Linden Ave. Repair Project No. 984 150 S. Palm Ace. Rialto, CA 92376 Contact Mr. An Creef Assistant Engineer Contract Amount 41343.00 Start Date 07/01/96 End Date 07/15/96 0 0 1007C Citv of San Bemardino Lvanwood Between Del Rosa and Victoria Ave. 300 North D Street San Bernardino, CA 92410 Plays and Spec 49043 Contact Steve Enna Total Bid 293,763.60 Total Billed after Change Orders 297,999.11 Stan Dare 0624/96 End Date 08/14/96 1008C City of San Bernardino Tippecanoe and 10 Frwy. Street and Traffic Signals Improvements Project No. 300 North D Street San Bernardino, CA 92410 Contact Steve Enna Contract Amount 326.419.4° Total Billed Including Change Orders 463.702.0E Stan Date 08/30/96 End Date 02/14/97 I009C Cin of San Bernardino Pavement Rehabilitation, UnicersiN Parkway, Watermen Ave. and Mill Street Plans and Specs No. 9470 300 North D Street San Bernardino, CA 92410 Contact Steve Erma Contract Amount 324,392.61 Billed After Change Orders 335,504.87 Start Date 07/08/96 End Date 10/22/96 1010C City of San Bernardino Pavement Rehabilitation Rubberized Chip Seal Various Locations Plans and Specs 49303 300 North D Street San Bernardino, CA 92410 Contact Steve Enna Contract Amount 606,534.00 Reduction Per City Budget 152,733.13 Total Billed 45500.87 Stan Date 09/05/96 End Dare 1024/96 10110 City of San Bernardino Installation of Street Lights, Traffic Signals, Irrigation Svstem, and Street Widening At 6`a Street From "E' Street to "H" Street Plans and Specs 49435 300 North D Street San Bernardino, CA 92410 Contact Steve Erma Contract Amount 366.560.00 Total Billed Including Change Orders 367,711,24 Stan Date 01/17/97 End Date 07/22/97 1012C County of Riverside Traffic Signals and Roadway Improvements 1,Bundy Canyon Road and Mission Trail _'.Central Street and Palomar Street Plans and Specs Project No. A3 -0426 & A3 -0420 4080 Lemon Street Eighth Floor Riverside. CA 92522 Contact Hugh Smith Contract Amount 299,143.00 Total Billed 245,618.11 Stan Date 12/16/96 End Date 03 /30/97 10130 Citv of Santa Ana Westminster Avenue Street Improvements at Euclid Street Plans and Specs #1714 20 Civic Center Plans Santa Am, CA Contact William Albright Contract Amount .327.124.30 Total Billed 310.215.20 Start Date 0220/97 End Date 08113/97 1014C Citv of Moreno Vallev Penis Blvd. And Ironwood Avenue Intersection Improvements Plans and Specs Project #94 -25826 14177 Frederick Street Moreno Valley, CA Contact William Mutrav Contract Amount 293.998.05 Total Billed 296.671.37 Start Dale 12/11/96 End Date 05/14/97 10150 Citv of Moreno Valley Henilock Avenue Improvements Pigeon Pass Road to 800 Ft, Easterly Plans and specs Project 996 -25893 14177 Frederick Street Moreno Valley, CA Contact John Hogard Contract Amount 146.230.00 Total Billed 180.814.15 Start Date 03/05/97 End Date 07/09/97 1016C City of San Juan Capistrano Preventative street Maintenance, 1996 -1997 Via Califomia/Cammo Les Ramblas, Avenida Aeropueno, Mission Hills and Capistrano Villas Speed Bumps 32400 Paseo Adelanto San Juan Capistrano, CA Contact Brian Penv Contract Amount 164,1 1785 Total Billed 166.230.11 Start Date 03/20/97 End Date 06/16/97 IOl7C County of Riverside Subcontractor for Computer Service 4570 East Eisenhower Circle Anaheim, CA 92807 Contact David Chadbourne Contract Amount 77.940 55 Total Billed 72,975 C,6 Start Date 06/17/97 End Date 08/06/97 10 18C County of San Bernardino Crafton Avenue at Highwav 38 Project #T00312 825 E. 3rd Street San Bernardino, CA Contact Jerw Ivy Contract Amount 212.:85.35 Total Billed Including Change Orders 266.368.76 Start Date 06119/97 End Date 09/30/97 0 1019C Cin• of Yorba Linda Highland Ave. Street Improvements 4845 Casa Lorna Avenue Yorba Linda, CA 92886 Cormier Gideon Felisan Contract Amount 39,112.95 Total Billed 387516.23 Start Date 06 /19/97 End Date 07/08/97 1020C Cm, of (nine Alton Parklvay & Jeronimo Widening Right Tom Lane One Civic Center Plaza Irvine, CA 92714 Contact Ed Mvers Contract Amount 107,632.79 Total Billed 108,876.16 Stan Date 09/08197 End Dare 11/03/97 1021C City of San Juan Capistrano Del Obispo Street Rehabilitation (Pasco De La Paz to Ali Paz Street) 32400 Pasco Adelanto San Juan Capistrano, CA 92675 Contact Person Brian Pern Contract Amount - 222,595,20 Tote] Billed Including Change Orders 237,615.67 Stan Date 08/04/97 End Date 09/15/97 10220 Counn' of Riverside Newport Road -Evens Rd to 1000' East of Bradley Rd/Goctz Rd. to Murriena, Rd, Project W /04A6 -0237, A7 -0306 4080 Lemon St. 8' Floor Riverside. CA 92504 Contact Person Hugh Smith Contract Amount 470581.60 Total Billed 470,975.47 Stan Date 10/27/97 End Datc 04/25198 1023C County of San Bernardino Etivvanda Ave., North Ontario Mills Parkwav 825 East Third Street San Bemardino. CA 92415 Contact Person Jerr Iw_ Contract Amount 39.016.49 Total Billed 39,016.49 Stan Date 10;06/97 End Date 11/12,197 1024C Wand Empire Job Corps. Access Road Construction 3173 Kem Street San Bernardino. CA 92407 Contact Person Brad Bruton Contract Amount 105,526.86 Total Billed 106.613.12 Stan Date 12/08/97 End Date 01130/98 0 1025C City of San Bernardino Pavement Rehab.,Hospitality Lane 101M South 'E Between Mill Street and Rialto Ave. 300 North "D" Street, 3itl Floor San Bernardino, CA 92418 Contact Person Steve Enna Contract Amount Total Billed Start Date 08/18/97 End Date 10/01/97 and Waterman Ave., and Lem Road 307,687.35 300.83 L45 10260 City of San Bernardino Pavement Rehab., University Parkti sy from College to Kendall Drive, Watertown Ave From 5th Street to 71° Street, Mill Sheet from E street to Sierra Wa}'. 300 North "D" Street, P Floor San Bernardino, CA 92408 Contact Person Steve Enna Contract Amount 276.03845 Total Billed 295,233.62 Start Date 08/18/97 End Date 10/08/97 1027C City of Rialto Cactus and Merrill Ave. Intersection Improvements Project NO. 862 150 South Palm Ave. Rialto, CA 92376 Contact Person Bruce Clu[T Contract Amount 223.813.45 Total Contract Including Change Orders 236,847.50 Start Date 12/03/97 End Date 03/25198 10280 City of San Bernardino Median and Storm drain Improvements Tippecanoerberween Hospitality Lane and Mission Creek Contract # %89 300 North "D' Street San Bernardino, CA 92408 Contact Person Roger Hatdgrave Contract Amount 269,151.10 Total Billed Including Change Orders 291.306.46 Start Date 10/06197 End Date 12/05/97 1030C City of Moreno Vallee Heacock Street at Eucalyptus avenue Street Improvements and Traffic Signal Modification Project No. TS96-002 14777 Frederick Street Moreno Valley, CA 92552 Contact Person David T Ross Contract Amount 113,G37.i0.1 Total Billed 1:0,639 71 Stan Date 05//8/98 End Date 07/02198 1031C Riverside Unified School District Longfellow Elementary Parking Lot Construction 3070 Washington St. Riverside, CA 92504 Contact Person David Agnew Contract Amount 34,300.00 Total billed Including Change Orders 38,463.40 Stan Date 05119/98 End Dam 08/11/98 l0t • City y o of Hemet Latham Avenue Street Improvements Mobile Hacienda On -Site Improvements 450 East Latham Avenue Hemet, CA 92543 Project p 5329 Contact Person Tom Raffertv Contract Amount 64,920.60 Total Billed Including Change Order 72,461.68 Start Date 04 /10/98 End Date 0521/98 1033C City of Garden Grove Josephine Street Improvements 11222 Acacia Parkwav Garden Groyx, CA 92642 Contact Person George Allen Contract Amount 10,629.44 Total Billed 22,885.81 Stan Date 61/10/98 End Date 05/08/98 1034C City of Newport Beach Bay Avenue Parking Lot Improvements 3300 Newport Blvd. Newport CA 92658 Contract No. 3187 Contact Person Don Webb Contract Amount 28,534.00 Total Billed Including Change Orden 33,897.01 Stan Date 06 /15/98 End Date 0624/98 1035C City of Riverside 91 Freewav Eastbound Central Avenue Off -Ramp Widening 3900 Main Street Riverside, CA 92522 Bid No. 5544 Contact Person Ron Mueller Contract Amount 144,026.75 Total Billed Including Change Orders 164,200.15 Stan Date 05/11/98 End Date 06/19/98 1037C CiLY of Costa Mesa Bristol Street Improvements from SR73 to Redhill 77 Fair Drive Costa Mesa, CA Contact Person Thomas Banks Project No. 98 -08 Contract Amouat 778,131.38 Total Billed To Date 905,911.68 Start Date 07/06 /98 Data_v due to utilities End Date Ongoing IU38C City of Brea Misc. Street Rehab, And Water improvements FY 97 -98 I Civic Center Circle Brea, CA 92821 Contact Person Raul Lising Project No. 7195 Contract Amount 438,184,85 Total Billed Including Change Orders 445,273.78 Stan Date 07/16/98 End Date 1 1113/98 10390 City of Anaheim Ball Rd./Walnut Street Improvements• 200 S. Anaheim Blvd- Anaheim, CA Contact Person Jerry Bunker Contract Amount 112 ,647.50 Total Billed 110,168.00 Start Date 11/02/98 End Date 12/11/98 I040C City of Riverside Columbia Ave, Palmvrita, Spruce and Iowa Improvement. at BNSF Railroad 3900 Main Street Riverside, CA 92522 Contact Person Sandy Caldwell Contract Amount 146.426.30 Total Billed 131.113.36 Start Date 01/04/99 End Date 04/13/99 104IC Transportation Corridor Agencies Changeable Message Signs 201 E. Sandpoint Ave. #200 Santa Ana, CA Contract No. 98 -01 Contact Person Jim Onerson Contract Amount Total Billed Including Change orders Start Date 08/03/98 End Date 09 /25/98 1042C City of Irvine Road Construction Portifino Dr. and Via Novella One Civic Center Circle Irvine CA Contract 95238/5270 Contact Person Barbara Jagmney Contract Amount Total Billed Start Date 09129/98 End Date 11/20198 10430 City of Stanton Pacific St. Improvements 7080 Katella Stanton, CA Contract No. CIP 98199 -01 Contact Person Mike Kim Contract Amount Total Billed Incuding Change Orders Start Date 01/04/99 End Date 03/16/99 I044C City of Upland Mountain Ave. Resurfacing Foothill to 16° Street 460 N. Euclid Ave. Upland CA 91785 Project #3317 Bid#98 -28 Contact Person Sam Makar Contract Amount Total Billed Including Change Orders Start Date 01/04/99 End Date 03/02/99 529,167.34 530,345.79 386.113 00 355,439.03 118,993.40 172,805.00 431.010.85 467,195.37 1045C City of Yucaipa Oak Glen Road at Sunnyside Drive Street Improvements • 34272 Yucaipa Ave. Yucaipa, CA 92399 Contact Person Paul Nagangas Contract Amount 230,261.70 Total Billed 226,504.89 Stan Dare 04/02/99 End Date 05/18/99 10460 City of Fullerton Fire Stations # 1 and N3 Parking Lot Improvements 303 West Commonwealth Fullerton, CA 92832 POk 26001 Contact Person George Lin Contract Amount 50,995.90 Total Billed 53,982.98 Stan Date 05/24/99 End Date 06 /24/99 1047C Cin. of Anaheim MaytaiT Avenue/Lodge Ave Cul -De -Sacs Street Improvements 200 South Anaheim Blvd, Anaheim, CA 92805 Contact Person Chuck Smith Contract Amount 71,339.00 Start Date 0621/99 End Date 8/31/99 10480 Countv of Orange Extension of Road Pavement at Coyote Canyon Landfill P. 0. Drawer 1955 Santa Ana, CA 92702 Contact Person Rav Douglass Contract Amount 43,236.15 Total Billed 47,324.48 Start Date 07/02/99 End Date 08/12/99 1049C City of Highland Lankershim Avenue and 9' Street Improvements 26985 E. Baseline Highland, CA Contact Tom Crowlev Contract Amount 345,605.00 Total Billed Stan Date August 20, 1999 End Date Ongoing 1050C City of San Juan Capistrano City Street Repairs 1999 32400 Pasco Adelanto San Juan Capistrano, CA Contact Person Brian Perry Contract Amount 371,979.30 Total Billed Stan Date 823/99 End Date Ongoing 1051C County of San Bernardino Grove Avenue at Edison Avenue and Schaefer Avenue WO#T009561R'00992 825 East Third Street Room 147 San Bernardino, CA 92415 Contact Person Jcr � by Contract Amount 42,254.10 Total Billed Stan Date 8/31/99 End Date 1052C . • County of Riverside valley Way Street I n?,vements & Traffic Signal Relocation 4080 Lemon Street 3 Floor Riverside, CA Contact Person Hugh Smith 250.5 l5. l0 Contract Amount Total Billed Start Date To Be Announced End Date 1053C City of San Bernardino Fhghhmd Ave. Rehab 259 FWV- To Waterman 300 N. D Street 3'a Floor San Bernardino, CA Contact Person Steve Enna Contract Amount 479.236.80 Total Billed Start Date To Be Announced End Date 1054C San Bernardino International Airport Authoriw 3r° and 1030 St. Rehabilitation San Bernardino, CA Contact Person Contract Amount 193-396.30 Start Date To Be Announced End Date 1055C City of San Bernardino Economic Development Agenc3 Cioemaster Parking Lot San Bernardino, CA 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 NON - COLLUSION AFFIDAVIT State of California ) County of "( PAGE 6 beinm.first dulv swom. deposes and says that he or she is �LYXlGf�6c o — c the party making the foregoing bid; that the bid is not made in the interest of, or on behaf 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 Cali mia that the foregoing is true and correct. A. Bidder ��A�uttthh`orized Signatut�l�t'iUi Sub scribed and swom to befo me this Z./ day of j/� 2000. I / e / /l . �T D� [SEAL] My Commission Expires: l/ • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3311 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 Lump Sum Mobilization @ Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control @ Dollars and Cents Per Lump Sum 3. Lump Sum Surveying Services @ Dollars and Cents Per Lump Sum PR1 of 7 $ 5�` vz� $ �_f'(�JD, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County before me, personally appeared t SS. N.m Ti&of Ufl'urle.k, -1. D� Y— emonally known to me [] proved to me on the basis of satisfactory evidence DEANfJALLOWE to be the persono whose nam i Loza% to the CommtNNAL 11WE within instrument and acknowled h Jthey Cor n Public - C1186 25 z executed the same in hi authorized Notary aversk*County tapacity(i and that by ignatureGal on the hV Comm. Bq*m Jun 6,2W2 y instrument the persons), or Ne entity n behalf of which the personW acted. executed the instrument. hand and i ..a .. OPTIONAL ThonRh lbe in formation+ below is nol requimd by law, il may pnne Vnluablr In prrwmr mlyinR on lhr donrmeM and= 1dprvrntfrmrcin1enr mmorml md ira lmieru ofthisfom, m.atorher doc rnr. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer - Title(s): [] Partner - [] Limited [] General {) Attorney in Fact {] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Number of Pages: 0 • PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE R©ADWAY IMPROVEMENTS CONTRACT NO, 3311 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 of the Notice of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating_Guide� PropeM-CasuaU. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. • • PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 CONTRACT THIS AGREEMENT, entered into this 27th day of June, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Holland -Lowe Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS Project Description 3311 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. 3311, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 0 PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred thirteen thousand, seven hundred eighteen and no /100 Dollars ($213,718.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 Holland -Lowe Construction, Inc. 427 S. Pershing Avenue San Bernardino, CA 92408 (909) 889 -5300 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 0 0 PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 0 0 PAGE 12 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 0 PAGE 13 K. WAIVE 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 vear first written above. CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NI A Municipal 0 Mayor BEACH rito Conshrlcttu,, �:r 427S. Pershing Ave 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State Coun of 14 l./Q[ SS. t( t On ore me, C! Nmc ad title of Officer (e. &.'Jme me. Notary Public') personally appeared A [� � -1J Nmr(gofSgeer(eJ �-personally known to me ] proved to me on the basis of satisfactory evidence �— — DE�ANNA L LOWE — — to be the persons) whose name{salr> subscribyd to the Commk< !a i # t IE6025 i within instrument and acknowled to me tha !Wkh y NofaryPub5c- Cdifornia executed the same in �eir authorized Rivers .^ County capacity(Ips), and that by i�r signature(R) on the MyCemm.rrr�esJUn6,2'Q2 instrument the person(A), or a entity upon behalf of which the person(e) acted, executed the instrument. pSS my hand Ccial seal. Plea Notary Sell Abow Sypm o N Ury Public OPTIONAL -- Though the in formation below is not required by law, it may prove valuable to persom relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name (] Individual (j Corporate Officer - Title(s): (] Partner - [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other. Signer Is Representing: Number of Pages: JUL -26 =200,0 05:17PM FROM -WOOD GUTMANN MRANCE BROKERS 7145731770 _ T -587 P.002 /006 F -742 Acom- CERTIFIC:A I=U1- LIAMILI I Y 1NaUMJW%- ,PnoLLa 1 09/26/00 HIODUCER (food- Gutmann Insurance Brokers License #0679263 14192 Pranklin Ave., Suite 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Tustin CA 92780 -7044 Phone :714 -505 -7000 Faxt714 -573 -1770 INSURED INSURER K, Transportation Insurance Co. INSURER IR Valley Fore Insurance Co. 5 50,000 INSURER C; HIS America Camp & Liab Ins Cc Holland -Lowe Construction, Inc 427 S. Pershing Avenue Ste 150 San Bernardino CA 92408 I _ INSURER O: INSURERS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUWEMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROID BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, D=USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW. ILTTRR TYPE OF INSURANCE POLICY NUMBER OCATIE EFF DA E TION LIMITS A GENERAL LIABILITY X C�IALGENERALLIABBm' CLAIMS MADE ®OCCUR $2,500 Dad Per 0143004459 10/10/99 10/10/00 EACH OCCURRENCE $1,000,000 FIRE DAMAGE IVY Ono 6o) 5 50,000 MW EXP (Aft O PMWI S 5,000 PERSONAL A AIN INJURY $1,000,000 Occurrence GENERAL AGGREGATE s2,000,000 GENLAGGREBATE UMITAPPUES PER: POLICY 7 jE 7 LOC PRODUCTS- counoPAGG 52,000,000 B AUTONDBMLE LIABLLITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUMS 1036665379 10/10/99 10 /10 /00 COMBINED SINGLE LIMIT (1- oOq°") " 51,000,000 BODILY INJURY roa Py ) 5 X X BODILY INJURY (PA,AwnAnO 5 X PROPERTY DAMAGE (PM 2:1M'AeMt) 5 GARAGE LIABILITY ANY AUTO AUTO ONLY- EAACCIDENT S OTHER THAN EA ArC AUTOONLY: AGG 5 5 EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE 5 _ 5 5 5 C WORKERS COMPENSATION AND EILMLOYEWUAB PY BOOOI09910 01/01 /00 01/01 /01 X RV LIMITS I31 E.L.EACHACCIDENT $1,000,000 EL DISEASE• EA EMPLO 51, OD0,000 E.L. OISFA6E- POLICY LIMIT $1,000,000 A OTHER Equipment Floater- (Rented & Leased 1043004459 1 $500 DEDUCTIBLE 10/10/99 10/10/00 One Item $150,000 I Maximum $300,000 DESCRIPTION OF OPERAT Mk13NLJWATIONSAEHICLESOE XCLUSIONS ADDED BY ENDORSEMENTRPECIAL PROVISIONS •10 Days Notice of Cancellation for Non Payment of Premium. See attached notepad for additional insured information and WC waiver of subrogation requested. RE: San Miguel Drive Roadway Improvements Job: #1061C Contract: #3311 CERTIFICATE HOLDER I Y I ADDITIONAL INSURED! INSURER LETTER: CANCELLATION NEWP017 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Administrative Coordinator DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAVSWRIT'TEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, BUT FAILURE TO DU SO SHALL City of Newport Beach 3300 Newport Blvd. IMPOSE NO OBLIGATION on LIABILITY OF ANY KIND UPON THE INSURER RS AGENTS OR Newport Beach CA 92658 -8915 REPRESENTATIVES. Scott M. Milne, CPA ACORD 25-S (797) CACORD CORPOWOT4 1988 JUL -25 -2000 05:17PM FRO(( -WOOD GUTIANNdURANCE BROKERS 7145731770 • T -507 P.003/006 F -742 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an 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 represenladve or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the polices listed thereon. 'JUL-26-1009 05:17PM FROM-WOOD GUTMANN I HANCE BROKERS 7145731770 T-587 P 004/006 F-742 . .............. ....... ..... City of Newport Beach, its officers, officials, employees and volunteers are named as additional insured per attached G17957 endorsement, with primary/excess wording included. Auto liability additional insured endt is attached with primary wording included. Waiver of Subrogation endorsement has been cont . requested and will follow. JUL -26 -2000 05:17PM FROM -WOOD GUTMANN URANCE BROKERS 7145731770 • T -587 P.005/006 F -742 c -vasr� (Ea Waal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 11) is amended to (2) That portion of "your work' out of which include as an insured any person or organization the injury or damage arises has been (called additional insured) whom you are required to put to its intended use by any person or add as an additional insured on this policy under organization other than another contractor or subcontractor engaged in 1 _ A written contract or agreement; or performing operations for a principal as 2. An oral contract or agreement where a part of the same project certificate of insurance showing that person or b. -Bodily injury' or'pmperty damage' atisirtg organization as an additional insured has been out of ads or omissions of the addClonal issued; but Insured other then in connection with the The written or oral contract or agreement must be: general supervision of yourwoW, 1. Currently in effect or becoming effective during 4, The insurance provided to the additional Insured the term of this policy: and does not apply to 'bodily injury.' -property damage.--personal injury,' or 'advertising 2. Executed prior to the 'bodily injury,' 'property injury" arising out of an architect's, engineer's, damage,' personal injury' or "advertising or surveyors rendering of or failure to render injury." any professional services including: B. The insurance provided to the additional insured is a_ The preparing, approving, or failing to limited as follows: prepare or approve maps, shop drawings. 1. That person or organization is only an additional opinions, reports, surveys, field orders, insured with respect to liability arising out of- change orders or drawings and specifications; and a_ Your premises; b. Supervisory, or inspection activities b. 'Your work' for that additional insured; or performed as part of any related c_ Acts or omissions of the additional insured architectural or engineering activities. in connection with the general supervision C. As respects the coverage provided under this of -your work ", endorsement. Paragraph 4.b. SECTION IV - 2. The Limits of Insurance applicable to the COMMERCIAL GENERAL LIABILITY CONDITIONS is amended with the addition of additional insured are those specified in the the following: written contract or agreement or in the Declarations for this policy, whichever is less. 4. Other Insurance These Limits of Insurance are inclusive and not b. Excess Insurance in addition to the Limits of Insurance shown in the Declarations. This insurance is excess over: 3_ Except when required by contract or agreement, Any other valid and collectible insurance the coverage provided to the additional insured available to the additional insured whether by this endorsement does not apply to: primary, excess, contingent or on any other a. -Bodily injury' or "property damage basis unless a contract specifically requires occurring after: that this insurance be either primary or primary and noncontributing. where (1) All work on the project (other than required by contract, we will consider service, maintenance or repairs) to be any other insurance maintained by the performed by or on behalf of the additional Insured for injury or damage additional insured at the site of the covered by this endorsement to be excess covered operations has been and noncontributing witti this insurance. completed; or 13- 171167 -F Page 1 of 1 M& 64028) ,JUL -26 -2000 05:17PM FROM -WOOD GUTMANN IfjLURANCE BROKERS 7145731770 • T -587 P.006/006 F -742 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED THIS ENDORSEMENT MODIFIES INSURANCE'PROYIDEI) UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM * SCHEDUI.1; San Miguel Drive Roadway Improvements Name SEE BELOW ,Location 9 WHO IS AN INSURED (Section II) Is amended to include as an Insured the perzon(s) or organizatlon(s) shown In the schedule but only with respect to their liability arising out of a) your work for the -additional Insured(s) at the location designated, or b) acts or omissions of the additional insured(s) In connection with their general supervision or your worm at the location shown in the schedule fir claims arising out of operation, maintenance, or use of a covered .auto. This insurance shall be primary insurance over any ether Insurance available to the scheduled insured, and non - contributory. * ADDITIONAL INSURED: City of Newport Beach, its officers, officials, employees and volunteers are named as additional insured. UCA 220 JsoEti' oXOPA129 JUL -27 -00 THU 09;06 AM FAX N0. JUL -26 -2000 20!27 C•OF NEWPORTHEACH • y4y boa .ssid r.01 O1 n CITY OF NEWPORT BEACH PUBLIC WORKS DEPAR71WENT P.O. BOX 1768 NEWPORT BEACH, CA 92658.8915 FAX COVER SHEET DATE_ °X7 ag-2� FAX NUMBER: COMPANY: - CAL SURANCE ATTENTION OF: CEUA RECEIVED SUBJECT: APPROVAL OP INSURANCE DOCUMENTS JUL 2 7 2000 'c°AHORYIN UNIT FROM: SHAWN OYLER FAXED BY: Shouna PHONE NUMBER: (040) 644 -3311 FAX NUMBER: (949) 644-3318 NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: PLEA §9APPROVEASAP Please Notify Sender If Transmission Is Incomplete. )� 1 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS CONTRACT NO. 3311 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3311 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 Lump Sum Mobilization @ Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control @ Dollars and Cents Per Lump Sum 3. Lump Sum Surveying Services @ Dollars and Cents Per Lump Sum PR1 of 7 $ 1�7 `TU $ 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 210 C.Y. Unclassified Excavation and Removal @ Dollars and Cents Per Cubic Yard 5. 2 Ea. Relocate Existing Fire Hydrant @ Dollars and Cents Per Each 6. 2 Ea. Relocate Existing Sign @ Dollars and Cents Per Each 7. 8 Ea. Relocate Existing Irrigation Boxes @ Dollars and Cents Per Each 8. 1 Ea. Relocate Street Light @ Dollars and Per Each 9. Lump Sum Grading @ Dollars and Cents Per Lump Sum PR -2 of 6 7, Dom, on $ $ $2(7510 ICU $ �,& �;D. M $g��-cyo nu $ l0 $ ZI d • Crb • i ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1 Ea. 11. 10 L.F. 12, Lump Sum 13. 23 Ea. 14. Lump Sum 15. Lump Sum Construct Curb Inlet Type OL -A @ Dollars and Cents Per Each Construct 18" RCP (2000 D) @ Dollars and Cents Per Linear Foot Reconstruct Median @ Dollars and Cents Per Lump Sum Install 6'X 6' Traffic Detector Loops @ Dollars and Cents Per Each Traffic Signal Modification @ Dollars and Cents Per Lump Sum $iplS -�s� $ � 507, city $ -32,C)7U $ / (:3� Provide, Connect and Install 2" Water Meter, Backflow Preventer and Enclosure @ Dollars and Cents Per Lump Sum PR -3 of 6 -7`d O i 01 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 23. 24. 25. 26. 55 Tons 230 Tons Lump v_-, 2 Ea. Lump Sum Construct 0.20' Thick A.C. Pavement Surface Course @ Dollars and Cents Per Ton Construct 0.80' Thick A.C. Base Pavement Section @ Dollars and Cents Per Ton I $ �t?7o Cyn Install Traffic Striping, Markings, Markers, Etc. @ Dollars and Cents Per Lump Sum Provide, Install, Maintain, and Salvage Project Information Sign @ Dollars and Per Each Furnish and Install Landscape and Irrigation @ Dollars and Cents Per Lump Sum PR -5 of 6 a. SCSU ` 6b $2Z) q &V 610 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 17 L.F. Reconstruct A.C. Dike @ Dollars 2-F" and Cents $ T Per Linear Foot 17. 2 Ea. Construct Curb Access Ramp @ Dollars and Cents Per Each 18. 435 L.F. Construct Curb and Gutter @ Dollars and Cents Per Linear Foot 19. 275 L.F. Construct Curb Type B @ Dollars and Cents Per Linear Foot 20. 900 S.F. Construct Stamped Pattern Concrete @ Dollars and Cents Per Square Foot 21. 2,770 S.F. Construct PCC Sidewalk @ Dollars and Cents Per Square Foot PR-4 of 6 .va• Z5(k).go a. io z 9 On 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 165 S.F. Design and ConstrIuct "Loffelstein" Block Retaining Wall @ Dollars and Cents Per Square Foot 28. Lump Sum Plant Establishment and Maintenance Period @ Dollars and Cents Per Lump Sum 13 Bidder's Bidder's Bidder's Contract D to C and �G Cents r $ 5 $ -00 $ 215 -qj, crz--) $3 Y -N _ $ 1 ,z 2151-1/<�,O�F_) Total Price for Items 1 to 28 PR -6 of 6 SP1of21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS w RICK KREU[ER No. 42407 SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS Exp. 3 -31 -04 `rfgJ C I V l\- CONTRACT NO. 3311 F Of CAUFO INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans R- 5751 -S, including traffic work; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 Edition, including Supplements; (4) the Standard Specifications for Public Works Construction, 1997 Edition, including Supplements, (5) the State of California Department of Transportation ( Caltrans) Standard Specifications and Standard Plans, 1992 Edition, hereinafter referred to as the Caltrans Standard; and (6) the Work Area Traffic Control Handbook, 1996 Edition. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00) each. Copies of the W.A.T.C.H. may be purchased at the Public Works Department for Six Dollars ($6.00) each. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. Unless otherwise specified, the following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals Add to this Section, "Prior to the issuance of the Notice To Notice, the Contractor shall submit to the Engineer for review and approval the ORIGINAL Soil Retention System construction plan complete with a California Registered Civil or Structural Engineer's wet seal and wet signature." 2-6 WORK TO BE DONE. Add to this Section, "The work necessary for the completion of this contract include: distribute construction notices to nearby businesses and homeowners; provide surveying service; cold mill and dispose of pavement, sidewalk, curb & gutter; construct A.C. pavement course; construct A.C. pavement sections; reconstruct P.C.C. curb and gutter; adjust manhole and valve frames and covers to grade; protect survey monuments in place; install traffic markings and markers and fire hydrant markers; install traffic signal detector loops; traffic signals, 0 SP2of21 landscaping, irrigation, install catch basin, make drainage pipe connections, Measure -M Project Information Signs, relocate irrigation boxes, traffic control including temporary installation and removal of barricades, delineators, steel plates, signs, solar - powered arrowboards, flagpersons, etc.; restoration of landscaping and other private and public improvements damaged by the Contractor; clean up and disposal; and perform other incidental items of work as required to complete the Work in place." 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 Contractor's costs and shall constitute the marl 1) Labor .. ............................... 2) Materials ............................ 3) Equipment Rental ................ 4) Other Items and Expenditures following percentages shall be added to the :up for all overhead and profits: ........... 20 ........... 15 ........... 15 ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractors actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. Add this Section, "All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractors readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all first -time testing as specified in the various sections of the Standard Special Provisions and 0 SP3of21 these Special Provisions. When in the opinion of the Engineer, additional tests and re -tests due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor." SECTION 5--- UTILITY 5 -7 ADJUSTMENT. Add to this Section, "The Contractor shall adjust all City sewer, storm drain, water, and electrical boxes /manholes /frames /covers and survey monuments to finish grade per applicable standard drawings." SECTION 6 PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section, "The contract time shall commence upon the Notice to Proceed. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre - construction meeting. Such schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to submit a remedial schedule, showing how he will meet the time of completion requirement, if work falls behind the approved schedule. The Contractor shall schedule and conduct his work in a manner as to minimize inconvenience to the public. Also included within the specified period is the curing time required for the P.C.C. improvements and the testing and calibrating of traffic signal detector loops." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this Section, "Excluding the delivery of products that typically have a long lead time, the Contractor shall complete all construction work shown on the Proposal within forty -five consecutive working days of the Notice To Proceed. Additionally, a plant establishment and maintenance period of ninety calendar days shall follow the completion of construction. It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work." 6 -7.2 Working Day. Revise (3) of this Section to read, "any City holiday, defined as January 151 (New Year), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4'h (Independence Day), the first Monday in September (Labor Day), November 1111 (Veterans Day), the fourth Thursday in November (Thanksgiving), the Friday after Thanksgiving, and December 25'h (Christmas)." 6 -7.4 Working Hours. Modify this Section to read, "Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and from 7:00 a.m. to 3:30 p.m. on Fridays. Work involving lane closures shall be performed within the hours specified in 7 -10.3 herein. 9 0 SP4of21 Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. on Fridays) up to 6:30 p.m. on weekdays or between 8:00 a.m. and 6:00 p.m. on Saturdays, he must first obtain special permission from the Engineer. A request for working during any of these after -hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs at the rate of $50.00 per hour when such time periods are approved." SECTION 7— RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Modify the second paragraph to read, "At the time of bid opening and until the completion of Work, the Contractor shall possess a General Engineering Contractor "A" License. Additionally, from the start and until the completion of Work, the Contractor and each subcontractor shall possess a valid City Business License issued by the Revenue Division of the City of Newport Beach Administrative Services Department. No work may proceed without the required valid City Business License." 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control. Add to this Section, "The work site shall be cleaned and barricaded at the end of each day until the Work is completed." 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 construction water meter and tender a $750 meter deposit for each meter with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7-8.6 Water Pollution Control. Add to this Section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the Bay through storm drains and catch basins." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The Contractor is hereby advised that the City work under this contract adjoins private improvements. The Contractor shall be responsible for the in -kind repair of all improvements damaged during the course of the Work, to the satisfactory of the Engineer. The Contractor is advised to photograph the private improvements adjacent to the Work for record and future references." 7 -10 PUBLIC CONVENIENCE AND SAFETY 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. The storage and staging of materials and equipment within the Irvine Company property is only allowed with the written approval from the Irvine Company." 0 0 SP5of21 7 -10.3 Street Closures, Detours, Barricades. Modify this Section to read, "The Contractor shall submit traffic control and detour plan(s) for each phase of work to the Engineer and it shall conform with the W.A.T.C.H. provisions. Such plans shall be submitted to the City at least five working days before the pre - construction meeting. All traffic control plans shall be signed by a registered Traffic Engineer and shall include the following: 1. Pedestrian access shall be maintained at all times. 2. The Contractor shall not close any traffic lanes before 9 AM or after 3 PM. 3. Unless required for the drying of subgrade material, the Contractor shall not close any traffic lane during non -work hours. 4. The Contractor shall provide traffic control on San Miguel Drive and MacArthur Boulevard with solar powered arrowboards and other high visibility devices as required. All lane closures will require arrowboards. 5. Emergency vehicle access shall be maintained at all times. 6. The location and wording of all barricades, signs, delineators, lights, warning devices, and any other details required shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience to the public. 7. All advanced warning sign installations shall be reflectorized and /or lighted. 8. The Contractor shall provide solar - powered arrowboards and uniformed flagpersons to direct traffic through the construction area at all times." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this Section, "The Contractor shall be solely and completely responsible for the condition of the job -site, including the safety of all persons and property during the performance of the work. The Contractor shall fully comply with all City, State, Federal, and other laws and ordinances, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer to conduct inspections, construction review, or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. Add this Section to read, "The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if the streets already have posted "NO PARKING" signs) which he shall post at least seventy - two (72) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department Parking Control 0 0 SP6of21 Division at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of the parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting." 7 -10.6 Notices to Nearby Businesses and Residents. (Including The Irvine Company, Fashion Island, and Newport Center Associations). Add this Section to read, "Seventy -two hours before the start of any construction, the Contractor shall distribute to all businesses and residents within 500 feet of the project, a written Notice stating when construction operations will start; what disruptions may occur; and approximately when the construction will be completed. The written Notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the Notices are distributed. Errors in distribution, false starts, inclement weather, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. From the start until the completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. Add this Section to read, "A stamped set of approved plans and specifications shall be at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be kept up -to -date and so certified by the Engineer at the time each progress payment request is submitted. Upon project completion, the Contractor shall provide the Engineer an as -built copy of the Plans. The as -built plans shall be accepted by the Engineer prior to final payment or the release of any bonds. All contract records and documents shall be maintained in accord with generally accepted accounting principles and practices and be retained for at least five years after the date of completion. Suitable facilities are to be provided for access, inspection, and copying of this material by the Engineer." 0 0 SP7of21 SECTION 9 -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9 -1.1 General. Add to this Section, "In case of conflicting method of measurement between the City's Standard Specifications and the Caltrans Standard, the City's Standard Specifications shall take precedence." 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two of this Section to read, "The unit and lump sum prices bid for each item of work shown on the Proposal shall include the full compensation for the. labor, materials, tools, equipment, base and /or subgrade drying operations, and for performing all of the work required to complete the work in place as shown on the Plans and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the related items of work. 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." The following items of work pertain to the bid items included within the Proposal: Item No. 1: Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2: Traffic Control: Work under this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, barricades, solar - powered arrowheads, flagpersons, posting and prompt removal of "NO PARKING -TOW AWAY" signs, temporary striping, and all other work necessary to comply with the W.A.T.C.H., and the City of Newport Beach requirements. This item shall also include all required traffic control on San Miguel Drive, MacArthur Boulevard, and all adjacent side streets, the delivery of all required notifications, posting and removal of signs, all the costs incurred in notifying the nearby businesses and residents, and all of the costs required to open and close traffic lanes to vehicle traffic each work day. Item No. 3: Surveying Service: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, Loffelstein wall, as -built field notes, and other survey items as required to complete the work in place. Item No. 4: Unclassified Excavation and Removal: Work under this item shall include removal and disposal of existing median, AC roadway, native under existing sidewalk, overexcavation subgrade and /or base material drying operations, and as required to complete the work in place as shown on the Plans. 0 0 SP8of21 Item No. 5: Relocate Existing Fire Hydrant: The work under this item shall include all of the costs, materials, and fittings to extend the existing fire hydrant to new location per STD -500 -L as directed by the Engineer, and all other work required to complete the work in place as shown on the Plans. Item No. 6: Relocate Existing Sign: Work under this item shall include all of the costs and necessary materials to relocate the existing sign, and all other work required to complete the work in place as shown on the Plans. The exact location shall be determined by the Engineer. Item No. 7: Relocate Existing Irrigation Boxes: Work under this item shall include all costs and materials to relocate the existing irrigation boxes, and all appurtenances and all other work required to complete work as shown on the plans. Item No. 8: Relocate Street Light: All work under this item shall include the cost of removal and relocation of existing street light, circuit wiring, electrical connections, and all other work required to complete the work in place as shown on the plans. Item No. 9: Grading: Work under this item shall include the cost of all equipment, material, and labor for the grading, removal, disposal, compaction, and other work as required to complete the work in place. Item No. 10: Curb Inlet Type OL -A: Work under this item shall include all of the cost of constructing City STD -305 -L Curb Inlet Type OL -A, removal of existing interfering pipe, and connect to existing inlet and outlet inverts shown on the Plan and all other work required to complete the work in place as shown on the plans. Item No. 11: Install 18" RCP (2000 D): Work under this item shall include all of the costs to remove and dispose of the existing interfering improvements, trenching, backfill, install 18" RCP, construct PCC collar at the existing 18" RCP tie in, and complete all other work required to complete the work in place as shown on the plans. Item No. 12: Reconstruct Median: Work under this item shall include all of the cost to remove and dispose of the existing improvements and to construct the new median curb complete with minimum 1 -foot wide by 6 -inch deep asphalt concrete patchback, sand bedding, and all other work required to complete the work in place as shown on the plans. Item No. 13: Install 6'X 6' Traffic Signal Detector Loops: Work under this item shall include the cost of providing, installing, testing, calibrating, and all other work as required to complete the work in place. Item No. 14: Traffic Signal Modification: General The Contractor shall furnish all tools, equipment, materials, supplies, and manufactured articles and shall perform all operations necessary to modify existing and construct 0 0 SP9of21 additional traffic signal and street lighting facilities as shown on the drawings and as specified herein. Reference Specifications and Standard Plans All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans; (3) the City of Newport Beach Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 Edition; (4) State of California Department of Transportation (C'altrans) Standard Specifications and Standard Plans, dated July 1992, hereinafter referred to as State Standard; (5) the Standard Specifications for Public Works Construction, 1994 Edition, inclusive of all supplements; and (6) the Work Area Traffic Control Handbook, 1996 Edition. Copies of the Design Criteria Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for ten dollars ($10.00). Copies of the Work Area Traffic Control Handbook may be purchased at the Public Works Department for $ Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802 -2901; Telephone Number 1- 800 - 873 -6397. If there is a conflict in the methods of measurement of payment between the City's Standard Specifications and the California Standard Specifications, the City's Standard Specifications shall take precedence. Furnishing and installing traffic signals and highway lighting systems and payment therefore shall conform to the provisions in Section 36, "Signals and Lighting ", of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, dated July 1992, and these Special Provisions. Traffic signal work is to be performed at the following location: San Miguel Drive and Avocado Avenue Scheduling of Work The Contractor may perform sub - surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment. Above - ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. Existing poles #3, 4, & 5 to remain in place until new poles #3, 4, & 5 are in place. All detection for 04 & 08, and all pedestrian buttons shall be kept active during the entire project. The use of overhead wiring is acceptable as approved by the Engineer. Existing street lighting shall remain in operation until new lighting is operational. 0 0 SP 10 of 21 No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. All striping, pavement markings, and signing shall be in place prior to signal turn -on and /or opening of street to public travel. The location of proposed striping and crosswalks shall be marked in the field for approval by the Engineer prior to installation of signal detector loops. Foundations Portland cement concrete shall conform to Section 90 -10, "Minor Concrete" of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than 564 pounds of cement per cubic yard. Standards, Steel Pedestals and Posts Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. Furnish and install new signal poles and mast arms (2 ea.) at San Miguel & Avocado. Signal poles and mast arms shall be furnished white powder - coated per the "Painting" section of these Special Provisions. nd i Non - metallic type conduit shall not be used. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduit terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for size hole required. Pull Boxes Grout in bottom of pull boxes will not be required. Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Pull boxes, pull box covers, and pull box extensions shall be concrete. Standard Plan Drawing ES -3, "Pull Box Details ", Note 4 -a, 5 and b.9, shall not apply to this project. 0 0 SP 11 of 21 Conductors and Wiring Conductors shall be spliced by the use of "C "- shaped compression connectors, as shown on the plans. Splices shall be insulated by Method B. Subparagraph 5, of the first paragraph of Section 86- 2.09D, "Splicing ", of the Standard Specifications is deleted. Insulation for conductors installed for intemally illuminated street name signs shall be color -coded orange with no stripe. Bonding and Grounding Grounding jumper shall be attached by a 3/16 inch, or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. Service (Reuse existing service in place.) Testing Testing will be required for all equipment furnished by the Contractor. Testing will not be required for any City- furnished equipment. The functional test for each lighting system shall consist of not less than fourteen (14) days. If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the fourteen (14) days of continuous, satisfactory operation is obtained. The sixth paragraph in Section 86 -2.14, "Functional Testing ", of the Standard Specifications, is amended to read: During the test period, the City or its representative will maintain the system or systems. The cost of any maintenance necessary, except electrical energy and maintenance due to damage by public traffic, shall be at the Contractor's expense and will be deducted from any monies due, or to become due, the Contractor. The eighth paragraph in Section 86 -2.14, "Functional Testing ", of the Standard Specifications, is amended to read: A shutdown of the electrical system resulting from damages caused by public traffic or from interruption shall not constitute discontinuity of the functional test. Turn -on of the new or modified traffic signal shall be prior to 12 noon and shall not be on, nor shall the functional test start on, a Friday, Saturday, Sunday, holiday or any day preceding a holiday. The Traffic Engineer shall be notified at least forty-eight hours prior 0 0 SP 12 of 21 to the intended turn -on. Turn -on shall be scheduled only for the hours between 9 A.M. and 12 Noon. If the scheduled turn -on cannot be completed before Noon, it shall be rescheduled subject to the limitations of this section. Painting All traffic signal equipment, including poles, mast arms, vehicle heads (except insides of visors and faces of backplates), and signal mounting assemblies, etc. shall be painted white in accordance with the following requirements: 1. All new vehicle and pedestrian heads that are to be furnished by the Contractor shall have all the exposed metal parts of the vehicle or pedestrian housing, door, side mount, visor and backplate (excluding stainless steel attachment hardware) properly pretreated with environmentally safe, ultraviolet resistant, polyester powder coating, which shall be applied electrostatically at 90 K.V. and baked for 20 minutes at 375 degrees F. per ASTM D -3359, ASTM D -3363, and ASTM D -522. 2. The signal pole mast arms shall be galvanized in accordance with the Standard Specifications and then painted as follows: Prior to painting, all detrimental weld flux slag deposits shall be removed by mechanical means. Cleaned assemblies shall be protected from moisture and other foreign materials prior to painting. Mast arms shall be brushblasted and preheated prior to powder- coating and shall be painted Valmont Frost White, No. 652, or equal. Tyne 90 Controller Assembly (Reuse existing controller). Vehicle Signal Faces and Signal Heads Signal section housings shall be metal type. All indications shall be 12 ", except where indicated on the plans. All non - programmed lenses shall be glass with aluminum reflectors. All lamps for traffic signal units shall be furnished by the Contractor. The Contractor shall furnish and install 12" red LED ball and arrow lenses assemblies (except in P.V. heads). New heads shall be furnished with the red LED units installed. Kits shall be furnished and installed where retrofitting existing signal heads is noted on the plans. All LED signal indications shall meet the current State of California, Department of Transportation (Caltrans) specifications. OPTICOM Priority Control System (Re -use existing OPTICOM Priority Control System) Model 138 Optical Detector Cable, as manufactured by 3M Company, shall be furnished and installed by the Contractor if existing cable is not reusable. 0 E SP 13 of 21 Pedestrian Signals Pedestrian signals shall be Type C with the Z -crate type screen. Pedestrian signals shall be IDC- Indicator Controls Corporation P/N 4094, or approved equal. All Side Pole (SP) installations shall utilize C5 Clamshell -type mountings. Detectors Loop wire shall be Type 1. Lead -in wire cable shall be Type B. The Contractor shall test the detectors with a motor - driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components, or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor - driven cycle through the response or detection area of the detector at not less than 3 miles per hour, nor more than 7 miles per hour. The number of lead -in cables required to achieve the specified detection shall be installed. Pedestrian Pushbuttons Pedestrian pushbutton signs, for pushbutton assemblies to be installed on pedestrian pushbutton posts, shall be 5" x 12 ". All other pedestrian pushbutton signs shall be 9" x 12" and shall not extend beyond the mounting framework. Pushbutton assemblies shall comply with the ADA. Installation of pushbutton assemblies for bicycle use shall be in accordance with City Standard Plan STD -913 -L and pushbutton assemblies shall be 5"x 12 ". Maintaining Existing And Temporary Electrical Systems Traffic signal system shutdowns shall be limited o periods between the hours of 9:00 A.M. and 3:30 P.M. The Contractor shall place "STOP AHEAD" and "STOP" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. Temporary "STOP AHEAD" and "STOP" signs shall be either covered or removed when the system is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area Signs ", of the Standard Specifications, except that the base material for the signs shall not be plywood. 0 0 SP 14 of 21 One "STOP AHEAD" sign and one "STOP" sign shall be placed for each direction of traffic. Location of the signs shall be as directed by the Engineer. Full compensation for furnishing, installing, maintaining, and removing temporary "STOP AHEAD" and "STOP" signs and for covering signs not in use shall be considered as included in the contract lump sum price paid for the signal item involved and no additional compensation will be allowed therefore. All existing signal indications, pedestrian pushbuttons, detectors, and control equipment shall be maintained in operation, except during shutdown hours as specified above. Existing luminaires, that are to be removed, shall remain in operation until the replacement luminaire is installed and operating. Cost for minor temporary wiring, which may be required on a day -to -day basis, shall be considered as part of the lump sum price bid for each intersection. Removing, Reinstalling or Salvaging Electrical Equipment Hauling and stockpiling of salvaged material off the right -of -way, as directed by the Engineer, shall be included in the lump sum price for signal construction. All salvage materials shall become property of the Contractor unless shown otherwise. Traffic Management During installation, proper traffic control and safety shall be observed at all times. The Work Area Traffic Control Handbook (WATCH), 1996 Edition, shall be the standard used for control of traffic in work area. Approved delineators, warning signs, and flashing arrow boards shall be used at all times and must be in good working condition at all times. Contractor may close one lane adjacent to the curb, when necessary for work adjacent to the lane. Flashing arrow signs are required on all lane closures, in addition to other requirements of the WATCH Manual. Item No. 15: Provide, Connect and Install 2" Water Meter and Backflow Preventer & Enclosure: Work under this item shall include all of the costs and necessary materials to provide and install water meter, backflow preventer, concrete pad for preventer enclosure, stainless steel preventer enclosure and other work items as required to complete the work as shown on the Plans. Item No. 16: Reconstruct A.C. Dike: Work under this item shall include the cost of labor, equipment, and materials required to remove and dispose of the existing and construct the new improvements complete as shown on the Plans. E E SP 15 of 21 Item No. 17: Construct Curb Access Ramp: Work under these items shall include all of the costs required to remove and dispose of the existing and perform all work completed in place as shown on the Plans. Item No. 18: Construct P.C.C. Curb and Gutter: Work under this item shall include the cost of sawcuts, removals, disposal, constructing PCC curb and gutter; repainting curb; chiseling curb face at existing underground utility location(s); and all other work as required to complete the work in place. Item No. 19: Construct Curb Type B: Work under this items shall include the cost for sawcuts, removals, disposal and constructing P.C.C. curb and all other work and materials required to complete the work in place. Item No. 20: Construct Stamped Pattern Concrete: Work under this item shall include all of the costs to remove and dispose of the existing improvements and construct the work complete as shown on the Plans. The stamped pattern shall match existing pattern and color of the existing median. Item No. 21: Construct P.C.C. Sidewalk: Work under this items shall include the cost of materials, sawcut, removals and construction of 4" thick P.C.C. sidewalk per City Std: 180 -L and all other work required to complete the work in place as shown on the plans. Item No. 22: Construct 0.20' Thick A.C. Pavement Surface Course: Work under this item shall include the cost of crack seal, tack coat, incidental A.C. leveling course, crack seal, and all other work required to complete the work in place as shown on the Plans. Item No. 23: Construct 0.80' Thick A.C. Base Pavement Section: Work under this item shall include the cost of base and /or subgrade material drying operations, compaction, and all work required to complete the work in place as shown on the Plans. Item No. 24: Install Traffic Striping, Markings, Markers, Etc.: Work under this item shall include the cost of temporary and permanent striping, installing thermoplastic markings and legends, installing fire hydrant markers, installing pavement markers, and all other work required to complete the work in place. Item No. 25: Provide, Install, Maintain, and Salvage Project Information Sign: Work under this item shall include the cost of providing, installing, maintaining, replacing damaged, salvaging, and transporting the signs to the City Utilities Yard at 949 West 16'' Street. Also included in the bid price is the cost of sidewalk panel repair to the nearest joint after the sign posts have been removed per the applicable portions of CNB STD - 180 -L. The self - adhesive adhering City and OCTA stickers will be furnished by the City at no cost to the Contractor. 0 SP 16 of 21 Item No. 26: Furnish and Install Landscape and Irrigation: Work under this item shall include the cost for plants, planting, irrigation material, installation of irrigation system and all work required to complete the work in place as shown on the plans. Item No. 27: Design and Construct "Loffelstein" Block Retaining Wall: Work under this item shall include the cost of all wall design and construction work including the engineering services of Soil Retention System, removal and disposal of existing interfering improvements, backfill and compact soil material behind the new wall, wall construction, and the application of one coat of Permion iron oxide onto all wall surfaces. Item No. 28: Plant Establishment and Maintenance Period: Work under this item shall include the costs for maintaining the planted materials in a healthy and presentable state for a period not less than 90 calendar days. The cost of traffic control, water, electricity, etc. required for the work shall have been included as a part of the price bid. PART 2 CONSTRUCTION MATERIALS SECTION 201 -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements 201 -1.1.1 General Add to this Section, "All portland cement concrete used on the work shall be 560 -C- 3250." SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT be: 203 -1.1 General Add to this Section, "All asphalt concrete used on the work shall • Surface Course III -C3 -AR -4000 • Base Course III- 62 -AR- 4000" SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new reflective pavement markers shall have glass - covered reflective faces or be 3M Series 290." SECTION 215 --- SIGNS 215 -1 PROJECT INFORMATION SIGNS 0 SP 17 of 21 215 -1.1 General The project information signs shall be fabricated with all new materials in strict conformance with the attached OCTA Exhibit -15. SECTION 216 - -- RETAINING WALL 216 -1 LOFFELSTEIN RETAINING WALL 216 -1.1 General The Loffelstein retaining wall required for this project shall be tan colored and as designed by Soil Retention System. The design of said wall system shall be paid for by the Contractor. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General Replace this Section with, "Removed Pavement and unsalvageable material shall become the property of the Contractor and be disposed of at the Contractor's expense in a manner and at a location acceptable to the cognizant agencies. All removal and disposal costs shall be included in the unit price bid for that item of work. The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. Unless otherwise specified elsewhere in this contract, non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of solid wastes generated and solid wastes disposed at a sanitary landfill. The Contractor shall report said monthly tonnages to the Engineer on the form provided by the Engineer." 300 -1.3.2 Requirements (a) Bituminous Pavement. Replace the second sentence of this Section with, "Sawcutting of edges to be joined with existing A.C. pavement is required." (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly SP 18 of 21 made to a minimum of two (2) inches and replace the words 1 '/: inch" of the last sentence with the words "two (2) inches." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.2.5 Pavement Transitions. Replace the first sentence of this section with "A.C. ramping is required at all transverse joint lines regardless of the offset depth. 302 -5.4 Tack Coat. Add to this Section, "Prior to placing asphalt concrete, a tack coat of Grade SS -1h asphaltic emulsion at a rate not to exceed one –tenth (1/10) of a gallon per square yard shall be uniformly applied to the existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307-4 TRAFFIC SIGNAL CONSTRUCTION. 307 -4.9.3 Inductive Loops. Amend this Section to include, "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -56 and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five (5) consecutive working days of AC pavement final course placement. All installed loop detectors must be functioning properly on non - working days." SECTION 310 — PAINTING 310 -5 PAINTING VARIOUS SURFACES. 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this Section to read, "The Contractor shall perform and be responsible for the completeness and accuracy of all layout, alignment, and spotting. Traffic striping shall not vary more than '/z inch in 40 feet from the alignment shown on the Plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement for areas that do not have the proper striping over a weekend. All stop bars must be re- installed at the end of each workday." 310 -5.6.8 Application of Paint. Modify and amend this Section to read, "Painted traffic striping and markings shall be applied in two coats. The first coat of paint shall be dry before the second coat is applied. At least one application of paint shall be applied to all striping and markings within 24 -hours after final paving has been placed. 0 0 SP 19 of 21 Paint for traffic striping and pavement markings shall be: Morton International low volatile organic compound (VOC) unbeaded paint No. 2466A9 or equal white and Morton International and low VOC unbeaded paint No. 2467A9 or equal yellow and Morton International No. 2468A9 or equal black and, VOC unbeaded paint No. 2468A9 or equal black and, Morton International low VOC unbeaded premix paint No. 2475A9 or equal yellow and, Morton International waterbase, premix paint No. 2485A9 or equal white and, Morton International waterbase, premix paint No. 2486A9 or equal yellow for all legends and striping. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected businesses and residents, at the Contractor's sole expense. In addition, if the Contractor removes, covers, or damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate onto the pavement, to the satisfaction of the Engineer, temporary traffic lanes whenever the pavement will not be striped, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." 310 - 5.6.8.1 Application of Thermoplastic. Add this Section to read, "Thermoplastic traffic striping and pavement markings shall be Alkyd type and be installed per Plan by the Contractor in accordance with Section 84 -2 "Thermoplastic Traffic Stripes and Pavement Markings" of the Caltrans Standard. Thermoplastic shall be warranted by the Contractor against blistering, bleeding, excessive cracking, staining, discoloring, chipping, and poor adhesion for one year from the date of project acceptance." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this Section with, `All raised markers to be installed must be installed between 10 and 30 calendar days after the final AC course has been placed. The raised markers shall be placed directly over the striping, where applicable." SECTION 313 - -- RETAINING WALL 313 -1 LOFFELSTEIN WALL SYSTEM SP 20 of 21 313 -1.1 General The wall system shall be constructed per Soil Retention System design and instructions. A coat of Permion iron oxide shall be applied onto all wall surfaces after the wall system has been constructed complete in place. • APPENDIX 0 SP 21 of 21 June 27, 2000 CITY COUNCIL AGENDA APPROVED ITEM NO. 13 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS - AWARD OF CONTRACT NO. 3311 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Determine that the bid submitted by GCI Construction, Inc., contained an arithmetic error and is therefore the third low bidder. 3. Declare Holland -Lowe Construction, Inc., as the low bidder and award Contract No. 3311 to Holland -Lowe Construction, Inc., for the Total Bid Price of $213,718, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $21,000 to cover the cost of material testing and unforeseen work. 5. Approve a budget amendment in the amount of $132,918 from the Transportation & Circulation Fund Balance to Account No. 7261- C5100535. BACKGROUND: Staff submitted four Intersection Improvement applications to the Orange County Transportation Authority (OCTA) in October 1998 to compete against other Orange County agencies for Measure -M funds available through the Orange County Combined Transportation Funding Program (OCCTFP). During March 1999, the OCTA Board of Directors approved three of the City's applications. These projects are: • San Miguel Drive Roadway Improvements from Avocado Avenue to MacArthur Boulevard for fiscal year 1999/2000 • Jamboree Road /MacArthur Boulevard Intersection Improvements for fiscal years 2000/2001 and 2001/2002 • Jamboree Road /Ford Road Intersection Improvements for fiscal years 2000/2001 and 2001/2002. 9 SUBJECT: SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS - AWARD OF CONTRACT NO. C -3311 June 27, 2000 Page: 2 DISCUSSION: The OCTA approved scope for the San Miguel project consisted of: • A six -foot roadway widening • Pavement, sidewalk, curb and gutter • Curb access ramps reconstruction • Catch basin, storm drain, and traffic signal system modifications • Street light and fire hydrant relocation • New pavement striping and markings installation for the northerly half of San Miguel Drive between Avocado Avenue and MacArthur Boulevard. The purpose of this project is to add a left turn lane for westbound San Miguel Drive traffic turning onto southbound Avocado Avenue. The existing single left turn lane configuration on westbound San Miguel Drive at Avocado Avenue does not provide sufficient storage during the AM peak hour and at times left turn traffic backs up onto the southbound MacArthur Boulevard lanes. Due to the lack of available City right -of -way, staff approached The Irvine Company (TIC) to obtain an easement for the roadway widening work. TIC agreed to provide the City with the needed easement in consideration of the installation of parkway landscaping along both sides of San Miguel Drive. In addition, a short retaining wall is needed in the gully along the southside of the roadway. TIC will maintain these requested improvements. At 1:30 P.M on June 13, 2000, the City Clerk opened and read the bids for this project. After review of the math, the bids were ranked as follows: BIDDER TOTAL BID AMOUNT Low Holland -Lowe Construction, Inc. of San Bernardino $213,718 2 Los Angeles Engineering of Rosemead $239,704 3 GCI Construction, Inc. of Costa Mesa $255,636 " Read total bid amount was $211,636. Corrected bid amount as shown above. Upon staff examination of the bids received, it was discovered that the total bid amount of $211,636.00 submitted by GCI Construction, Inc. (GCI) was computed incorrectly. Staff contacted GCI for a clarification of its bid. GCI responded with an explanation letter citing that typographical errors were made during their bid preparation and that the total amount of their bid proposal remains the same as submitted (see attached). There were no typographical errors. The numbers for mobilization were shown as $60,000 in written form and numeric form. Therefore the total bid amount was corrected by staff to $255,636 instead of the errant $213,718 amount submitted by GCI, Inc. Staff therefore recommends the award of contract to be made to the actual low bidder, Holland -Lowe Construction, Inc., of San Bernardino. 9 El SUBJECT: SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS - AWARD OF CONTRACT NO. C -3311 June 27, 2000 Page: 3 The total bid amount submitted by Holland -Lowe Construction, Inc., is approximately 3 percent below the Engineer's Estimate of $220,000. Holland -Lowe, possesses a General Engineering Contractor's "A" License as required by the project specifications. Holland -Lowe has satisfactorily completed similar improvement projects for the City and for other southern California public agencies. The project plans and specifications were prepared by KFM Engineering, Inc. and by the Public Works staff. To minimize inconvenience to the public, Holland -Lowe will not be permitted to close any traffic lane in either direction before 9:00 a.m. or after 3:00 p.m. All construction work must be completed within 45 consecutive working days. Funding for this project is proposed as follows: Account Number Description Amount 7284- C5100535 Measure M Competitive "3,922 7261- C5100535 Transportation & Circulation $140,796 Total $234,718 Respectfully submitted, P IC WORKS DEPARTMENT Don Webb, Director am >e, P.E. Engineer Attachment: Project Location Map Bid Summary Budget Amendment GCI Construction, Inc. Explanation Letter \WIS_1 \SYS\ Users\PBW%Shared \COUNCIL \Fyg3000une- 27\San Miguel C- 3311.doc Vi Z cy, < U N CENTER FASHION ISLAND S u qN N /c��q SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS FROM AVOCADO AVE TO MACARTHUR BLVD LOCATION MAP NOT TO SCALE F = W V W m Q �a LLI a° 3Y W z W OV � J U m IL IL m > U N U oLL s m o U m U T E w _S U H U z 1 O o O m J W LL � Q } m 0 m i i O O ID m O N N 3 t0 m J 0 E N O U L F- 00000000 0 0 0 0 0 0 0 0 00000000p0000000p 0 0 0 O O o 0 0 0 O 0 0 0 0 0 0 0 0 f00000000000g�ooaouSo0u00 oo00 z000aoa00000 •00000lou pO+mo,p oon0 c� 00 mOON 00 M o n 000 OO N W N 00 dlD tO V 000th ID 0 OOd •--� N MN ID .� Ol a 001 N 00 M1nm nSa O000 �O1N W • N N C_ Q C W 0 v1 0 0000000000000000 p 0 0 O O O O 0 0 0 O O O O O O O O O O O O O O O 'J O O O O O tO 0 0 0 0 0 0 0 v 000a0000000�oC, 000�nOm0000 oo-ct OrnaldnitDw800m0 4~ 00 a N.-i MO LO -SON 00 a 101op 000 Oouto tO NZOO a MN W Oi od ti 00 Ct N O D ^ J O 0 O 0 O 0 O 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 0 0 o 0 S S 0 0 0 0 0 0 0 0 0 00ui0000vi0000iooloov000i0000000 OZ8 O j000mN N i110N Om r+N l� st t� 0O1a tO 1. noon m 0mm-tr OIO N `ONtn c�l�� M1O-+m -twm V 10 �0 N COMl00m.+mt0 NO1M m < T u7 N in Q C O U w 000 0 00 0 000000000 0 0 0 0 0 0 0 0 0 0 0 0 000�n000�00000000q ..D, 0000000 OOOMO000 NO N OM OOOJ OOm nmoO1000000 - � ~OOOm.� O•-100m001 NNNN, naomomm UZOJ th7 M.- �.- �NON•�h tit�h d tO 1,O1 1� Z) m Na N -+m ml M wN mNN m 0 N O OoOOOOOOOOOO000000o0 0000008O 000000000000000000000 0000000 ui00000000000000�rioppuiooui000000 �O 000000000 a1 �NLnmomlolnoul�o��noam NO X000 N °..00c�oo$ 001 000 2- 8 000 ou1u1 � E I�CO alON �a d-..NON N w N m 000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0p O c - O �ri00000000duid000�ri M O O O O O M O O O u O 0 O 0 O 0 o 0 0 1 0 o 0 S 0 M 0 0 N 0 oao O 0 N 0 m N 0 co-I 0 0 HMO mm0000cui 0 0 0 0 000 0 0 c W IONN O�NIa oOO qNLqq M LQUJ I� CO a •� M L6 m C h 1D a 00 N �t N � M M> QQ QQ QQ QQU O QQ LL N QQ M M LL QQ LL LL LL W Z Z M Q M LL m J J J U W W W W J W J J W J J J �yJ J J m M r f J W J M J •-� " N N OO- �. O, N.ti .v N O �N.a d N 0001^ N U N O C C W U 00 bD V O C C U 6 O D U O'N'O 3 U W U'_ °' c O L^ N o m 000 y n 0] d c >�icmm o m m N N > O O J U N C O E CL N hp 00 C N N oa o N > N -O rd• C "O J U E N N U U= Q) O U C o - 10 N 0 10 N C 0 2 O O jp N ` L H O U U a 3 C U N o m m ;c C NVU U LL.nJ U c mz W o U C � yOE y E — `o L C i W N N c «• 0 `L (O C 3 3 3 (0 U _ N °_ ov1 vwww.. cim �x ocoo m =� m mwUU U uu� IIV I UUUUUUU MI - _ V C y T C " U O V 2 -O N m _� i] •t O U O U O V O U O "O '/� C u O C C- O +N.. •L > O t_� N C VI C N C N C N C N C N C lV > C N Y C N V y1 ` U O O O O O O N O j U tV U U¢ C F- a" 0 Opp C '+N m -4 00m an N Ol 00M 0—NMa �1pn 00 ID IT— � � •+ •� •-1 .-i '+ N N N N N N N N N O O ID m O N N 3 t0 m J 0 E N O U L F- E i E 3 v z° O 00 f N w O O W O N O ~ C7 ~ N N 0 M M M 4 uJ H F w H < Q w G < w U � Z w z D0 O Z Q� U w Cl. 0 O O LD M H N EA 3 C O E 16 0 0000000000000000000000000000 O O O O O O O O O O O O O O O 999 .... 0 0 0 0 0 0 .F O O O O O O O O O O O O m O O W O O N 0N N 0 0 0 0 0 0 u Z 0 0 0 w o m 10 0 0 0 0 0 01 0 0 a ti M N N W a N 0 0 010 0 C� O O a 01 W O I� 0 0 0 •+ a M O ID IA N O a N 10 N l0 O N m tilONmaMN r� 4 r 1N thNmN n - �O�aanN'+'+N N O Q U 7 c c 000000000 O 000000000800000000 0 O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 o O N O o o 0 0 o 0 U O O O W O ONNOOO.-�00100 N O O O O O O O O� 00I N a N O O O a 0 _ZOOOm UZOO� dNNOpONa.�OlO M O ID l0 M NNOmo NMO m fh C7�Oaa N�10 M mN m-� h l0 N N J Fz J J J U W W W W J W J y J J J J y J J J m 0 J W J Lo J .+ N N 00 .-. - .. O n � � •-� a N Oo01 N d 0 O c c 3 W v c 00 0p N v _ s U C W N 1 0 U O N tO N U n m d c> > c m m 'o J d CO -v) b0 E `p N U C O C m x < E m m s c m• m m Svc -° ,°, °o oUm vc7 ma3ss oo�m m c¢ � %.cc c°°' °��auioaDaEU pin —_ccos O C UI W W W (n V V X pp U ry C C G y O co \ U U U U U U U U N O N _ O u O 0 VO C O m C s oC a C(r0 �p Cu 0 � d )° L°°iO C)) � i -NMdNl01� W 01 °ti.Nimi atN �ti W 01 O'+NmaNlDh N N N N N N N N co N O O LD M H N EA 3 C O E 16 0 06/13/00 TUE 15:39 FAX 714 540 1148 GCI CONSTRUCTION INC. GCI CONSTRUCTION, INC. Genleral Engineering. Contractor Lic. No. 755355 Mr. Fong Tse CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92658 (949) 644 -3311 Date: June 13, 2000 Re: San Miguel Drive Roadway Improvements, Contract No. 3311 Bid Proposal of June 13, 2000 Dear Mr. Tse, This letter is in regards to the above noted bid proposal submitted today. There was a typographical error on Line Item #I- Mobilization. The lump sum amount of $60,000.00 was incorrectly written in and should have been $16,000.00. The total amount of the bid proposal remains the same as submitted. Thank you, Floyd Bennett Secretary Treasurer FB /jr 2.15 FISCi IER AVENUE. STE. 8-3. COSTA MESA, CALIFORNIA 92626 (714) 957 -0233 FAX (714) 540 -1148 [a 002 Wy of Newport Beach BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Description Increase Revenue Estimates X Increase Expenditure Appropriations Account Transfer Budget Appropriations SOURCE: Division Number from existing budget appropriations Fxj from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 072 AMOUNT: s�3z,ate.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance NX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate funds for the San Miguel Roadway Improvement Project, Contract #3311. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (360 1) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Description Signed: Signed: �, 4 W, 07 —TT RM Administrative Services Director Manager City Council Approval: City Clerk Amount Debit Credit $132,918.00 . • Aurom ffc $132,918.00 G -.20 -ckD Date 04 v D Date Description Division Number 7261 Transportation 8 Circulation Account Number C5100535 San Miguel Improvement Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: �, 4 W, 07 —TT RM Administrative Services Director Manager City Council Approval: City Clerk Amount Debit Credit $132,918.00 . • Aurom ffc $132,918.00 G -.20 -ckD Date 04 v D Date I&y of Newport Beach 0 BUDGET AMENDMENT 1999 -00 NO. BA- 072 AMOUNT: Sts2,e18.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations I- - from additional estimated revenues C PX from unappropriated fund balance EXPLANATION: ,J{� This budget amendment is requested to provide for the following: APPROVED To appropriate funds for the San Miguel Roadway Improvement Project, Contract #3311. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (360 1) Fund/Division Account D(PENDITUREAPPROPRIATIONS (3603) Description Fund Balance Control Description Signed: Signed: Signed: Finnina,`aall Approval: Admin'istra' Services Director If/M4010 6c . City Council Approval: City Clerk Amount Debit Credit $132,918.00 ' $132,918.00 Date 44//,00 � -�7e acs Date Description Division Number 7261 Transportation & Circulation Account Number C5100535 San Miguel Improvement Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Finnina,`aall Approval: Admin'istra' Services Director If/M4010 6c . City Council Approval: City Clerk Amount Debit Credit $132,918.00 ' $132,918.00 Date 44//,00 � -�7e acs Date COY OF NEWPORT BEA& P O S T E D 3300 Newport Boulevard - P.O. Box 1768 DEC 15 1999 Newport Beach, CA 92658 -8915 (949) 644 -3311 GARY L. GRANVILLE, Clerk- Recorder NOTICE OF DETERMINATI0I4Y 4AI DEPUTY To: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange ❑ X Public Services Division 12 Civic Center Plaza Santa Ana, CA 92702 From: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 Orange County Date received for filing at OPR/County Clerk: Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Name of Project: San Miguel Drive Widening Project State Clearinghouse Number: City Contact Person: Telephone No.: 99101132 William Patapoff 949 / 644 -3311 Project Location: San Miguel Drive from Avocado Ave to MacArthur Blvd. Project Description: This project provides for a six foot sliver widening along the northerly side of San Miguel Drive, reconstruct the median, roadway pavement, sidewalk, curb and gutter, curb access ramps, catch basins, storm drains, traffic signal systems, pavement striping and markings, and other incidental items of work from Avocado Avenue to MacArthur Boulevard. This is to advise that the City of Newport Beach has approved the above described project on December 13. 1999 and has made the following determinations regarding the above described project: 1. The City is Lead Agency for the project. 2. The project will not have a significant effect on the environment. 3. An Environmental Impact Report was not prepared for this project pursuant to the provisions of CEQA. 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 5. Mitigation measures were not made a condition of the approval of the project. 6. A Statement of Overriding Considerations was not adopted for this project. 7. Findings were made pursuant to the provisions of CEQA. The final Negative Declaration and record of project approval is available for review at the Public Works Department of the City of Newport Beach, 330 ewport Boulevard, Newport Beach, CA 92658 -8915; 9491644-3311. L William Patapoff, C ty Engineer I bafe 0 a TO: Mayor and Members of the City Council FROM: Public Works Department December 13, 1999 CITY C( MCTU AGENDA ITEM NO`.' 27 APPROVED SUBJECT: APPROVAL OF NEGATIVE DECLARATION FOR SAN MIGUEL DRIVE WIDENING PROJECT — CONTRACT NO. 3311 RECOMMENDATIONS: 1. Conduct Public Hearing. 2. Approve the Negative Declaration for the San Miguel Drive Widening Project. DISCUSSION: This project will increase the left -turn lane storage capacity for westbound San Miguel Drive traffic that turns onto southbound Avocado Avenue. It will also reduce the peak hour traffic congestion which, at times, extends into MacArthur Boulevard and impedes the southbound MacArthur Boulevard cross traffic. The work consists of: • A six -foot sliver roadway widening along the northerly side of San Miguel Drive at and around the Avocado Avenue intersection. • A modification and reconstruction of the existing San Miguel Drive raised median between Avocado Avenue and MacArthur Boulevard. • A modification and reconstruction of the Avocado Avenue /MacArthur Boulevard intersection. • A modification of the traffic signal system at the Avocado Avenue /MacArthur Boulevard intersection. • The reconstruction of roadway pavement, curb & gutter, curb access ramps, catch basins, storm drains and the installation of new pavement striping and markings on San Miguel Drive from approximately 100 feet west of Avocado Avenue to MacArthur Boulevard. The project's engineering design and construction costs will be partially funded by the Intersection Improvement Program of the Orange County Transportation Authority Combined Transportation Funding Program. A Draft Initial Study (DIS) for this project was prepared by staff pursuant to the California Environmental Quality Act. The DIS was filed with the Governor's Office of Planning and Research, a State Clearinghouse, for review by various State agencies. These agencies included the California Department of Transportation, the Department of Parks and Recreation, the Department of Fish and Game, the Department of Parks and Recreation, . the Regional Water Quality Control Board, the Resources Agency and the State Lands Commission. The review period started on October 29, 1999, and concluded on November 30, 1999. Staff did not receive comments from these agencies. SUBJECT: APPROVAL OF NEG* DECLARATION FOR SAN MIGUEL DRIVE WIDOG PROJECT December 13, 1999 Page 2 The DIS determined that the project would not have a significant effect on the • environment. Since the work is located outside of the California Coastal Zone, a Coastal Development Permit is not required. Staff recommends approval of the project's Negative Declaration. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By. Kong Ts e, .E. Associate Civil Engineer Attachment: Negative Declaration • M • CITY OF NEWPORT BEACH . 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 NEGATIVE DECLARATION To: From: City of Newport Beach Public Works Department Office of Planning and Research 3300 Newport Boulevard - P.O. Box 1768 Fx-X 1400 Tenth Street, Room 121 Newport Beach, CA 92658 -8915 Sacramento, CA 95814 (Orange County) County Clerk, County of Orange XX Public Services Division P.O. Box 238 Date received for filing at OPRICounty Clerk: Santa Ana, CA 92702 Public review period: October 29, 1999 to November 30, 1999 Name ofProject: San Miguel Drive Widening From Avocado Avenue to MacArthur Boulevard Project Location: San Miguel Drive from Avocado Avenue to MacArthur Boulevard Project Description: This project provides for a six foot roadway sliver widening along the northerly side of San Miguel Drive and the reconstruction and modifications of medians, roadway pavement, sidewalk, curb and gutter, curb access ramps, catch basins, storm drains, traffic signal systems, pavement striping and markings, and other incidental items of work from Avocado Avenue to MacArthur Boulevard. Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached. This document will be considered by the decision- maker(s) prior to final action on the proposed project. A public hearing will be held to consider this project. The time and location of the public meeting is attached. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. You are also invited to attend the public meeting and to testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned at (949) 644 -3311. % Date to &z. �99 illiam Cit ineer Pa po Eng —�� City of Newport , Public Works Department CITY OF NEWPORT BEACH NOTICE OF COMPLETION and Environmental Document Form s To: State Clearinghouse From: City Of Newport Beach 1400 Tenth St., Rm. 121 Public Works Department Sacramento, CA 95814 3300 Newport Boulevard Newport Beach, CA 92663 (Tel. No.: 916/445 -0613) (Orange County) Contact Person: Mr. Fong Tse, P.E. SCH # Tel No.: (949) 644 -3311 Project Location: San Miguel Drive Cross Streets From Avocado Avenue to MacArthur Boulevard Total Acres 0.92 A.P.No.Not Applicable Section Not Applicable Twp. Not Applicable Range Not Applicable Base Not Applicable Within 2 Miles: State Hwy #. 1— PCH Waterways: Newport Harbor Airports: None Railways: None Schools:Harbor View Elementary and Lincoln Elementary Present Land Use /Zoning/General Plan Use: Commercial/APF /Administrative. Professional. and Financial Project Description: Sliver widening alone northerly side of San Miguel Drive and the reconstruction and modifications of medians road av pavement, sidewalk curb and 2utter, catch basins storm drain traffic signal systems and striping Document Type CEQA: NEPA OTHER ❑ NOP ❑ SupplemenUSubsequent ❑ NOT ❑ Joint Document ❑ Early Cons ❑ EIR (Prior SCE No.) ❑ EA ❑ Final Document 9 Neg Dec ❑ Draft EIS ❑ Other ❑ Draft/EIR ❑ Other ❑ FONSI Local Action Type ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Dev. ❑ Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ land Division (Sub- 9 Other: None Required division Parcel Map, Tract map, ect.) Development Type ❑ Residential: Units Acres ❑ Water Facilities: Type MGD ❑ Office: Sti tt. Acres Employees_ ❑ Transportation: Type ❑ t. Commercial:Sci Acres Employees_ ❑ Mining: Mineral ❑ Industrial: Sq.ft. Acres Employees ❑ Power: Type Warts ❑ Educational: ❑ Waste Treatment: Type ❑ Recreational ❑ Hazardous Waste: Type ® Other:Hiehwav Construction — Sliver widening Project Issues Discussed in Document ❑ AesthelicNisual ❑ Flood Plain/Flooding ❑ SchooWUnivemities ❑ Water Quality ❑ Agricultural land ❑ Forest Land/Fire hazard ❑ Septic Systems ❑ Water Supply /Groundwater ❑ Air Quality ❑ Geologic /Seismic ❑ Sewer Capacity ❑ Wetland/Riparian ❑ Archeologic/Historic ❑ Minerals ❑ Wildlife ❑ Soil Erosion /Compaction /Grading ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Growth Inducing ❑ Drainage /Absoption ❑ Population /Housing/Balance ❑ Toxic/Hazardous ❑ land Use ❑ Economic /Jobs ❑ Public Service/Facilities ❑ Traffic /Circulation ❑ Cumulative Effects 13 Fiscal 13 Recreation/Parks ❑ Vegetation ® Other: None Anulicable CITY OF NEWPORT BEACH NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the City of Newport Beach has prepared an Initial Study/ Negative Declaration pursuant to the California Environmental Quality Act for the proposed project described below. The Initial Study has determined that the project will not have a significant effect on the environment. The City therefore intends to adopt a Negative Declaration, Project Name: San Miguel Drive Widening From Avocado Avenue to MacArthur Blvd. Project Location: San Miguel Drive from Avocado Avenue to MacArthur Boulevard Project Proponent: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Public Review Period: October 29, 1999 through November 30, 1999 Project Description: The project provides for a six foot roadway sliver widening along the northerly side of San Miguel Drive and the reconstruction and modifications of medians, roadway pavement, sidewalk, curb and gutter, curb access ramps, catch basins, storm drains, traffic signal systems, pavement striping and markings, and other incidental items of work from Avocado Avenue to MacArthur Boulevard. These improvements will 1) increase the left -turn lane storage capacity for the westbound San Miguel Drive traffic that turns onto southbound Avocado Avenue and 2) eliminate the San Miguel traffic queue that currently impedes southbound MacArthur Boulevard traffic during the AM peak hours. Opportunity for Public Review: Interested persons are invited to review the Negative Declaration, including studies and/or exhibits relating to the proposed project, and submit comments. These documents and all comments received will be considered by the Newport Beach City Council prior to final action on the proposed project. A copy of the Negative Declaration, and related documents are available for review at the following location: Newport Beach City Hall Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 0 If you wish to appeal the appropriateness or the adequacy of the Negative Declaration, your comments should be submitted in writing prior to the close of public review period stated above. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes you believe should be adopted to eliminate or reduce the impacts. The City Council is scheduled to consider approval of the project and the Negative Declaration at a public meeting on Monday, December 13, 1999 at 7:00 PM in the Newport Beach Council Chambers, 3300 Newport Boulevard, Newport Beach, California. If you have any questions or would like further information, please contact Mr. Fong Tse of the City of Newport Beach Public Works Department at (949) 644 -3311. Date of Publication: October 29, 1999 E 11 0 0 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: San Miguel Drive Widening From Avocado Avenue to MacArthur Boulevard 2. Lead Agency Name and Address: City of Newport Beach Public Works Department 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 (949) 644 -3311 (fax: 949- 644 -3308) 3. Contact Person and Phone Number: Mr. Fong Tse, (949) 644 -3311 4. Project Location: San Miguel Drive from Avocado Avenue to MacArthur Boulevard 5. Project Sponsor's Name and Address: City of Newport Beach, Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 0 6. General Plan Designation: Commercial — Administrative, Professional, and Financial 7. Zoning: APF 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) This project provides for a six foot roadway sliver widening, median modifications, roadway pavement and reconstruction, concrete sidewalk and curb reconstruction, curb access ramps reconstruction, catch basin and storm drain reconstruction, traffic signal system modifications, new raised pavement markers and striping, and other item of works from Avocado Avenue to MacArthur Boulevard. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Current Development To the north To the east: To the south: To the west: The existing improvement consists of a 4 -lane divided roadway. Unimproved vacant land. Continuation of existing 4 -lane divided roadway. Unimproved vacant land. Continuation of existing 4 -lane divided roadway. cuECKUsT Page 1 0 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: None The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Population & Housing ❑ Geology and Soils ❑ Biological Resources ❑ Mineral Resources ❑ Aesthetics ❑ Cultural Resources ❑ Hazards/Hazardous Materials ❑ Agricultural Resources ❑ Hydrology and Water Quality ❑ Noise ❑ Air Quality ❑ Transportation/Circulation s ❑ Public Services ❑ Utilities & Service Systems ❑ Recreation ❑ Mandatory Findings of Significance 0 CHECKLIST Page 2 0 DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Q I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ❑ t 03WTie b Signature Date William Payoff. P.E. Printed Name 0 CHECKLIST Page 3 Checklist Page 4 0 0 0 Less Than Issues Polenitally Significant significant With Less Than Significant No Impact Impact Mitigation Impact Incorporated 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state X scenic highway.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would }{ adversely affect day or nighttime views in the area? 2. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Familand, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pre- X pared pursuant to the Farmland Mapping and Monitoring Pro- gram of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a William- X son Act contract? c) Involve other changes in the existing environment which, due to X their location or nature, could result in conversion of Famdand, to non-agricultur al use? 3. AIR QUALITY — Where applicable, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard X (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentra- tions? X Checklist Page 4 0 0 0 0 0 • 0 • Checklist Page 5 Less Than Issues Potentially Significant Significant With Less Than Significant No Impact Mitigation Impact Impact P Incorporated e) Create objectionable odors affecting a substantial number of X people? 4. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habi- tat modifications, on any species identified as a candidate, sensi- X tive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, X policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, X but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native X resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biologi- cal resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved X local regional, or state habitat conservation plan? 5. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of an X historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an X archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource X or site or unique geologic feature? d) Disturb any human remains, including those interred outside of X formal cemeteries? 6. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse ef- X fects including the risk of loss injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by X the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Ge- ology Special Publication 42. Checklist Page 5 0 0 Checklist Page 6 0 0 Less Than Issues Potentially Significant Significant with Less Than Significant No Impact Mifigatian Impact impact Incorporated 2) Strong seismic ground shaking? X 3) Seismic- related ground failure, including liquefaction? X 4) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, X liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life X or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers X are not available for the disposal of waste water? 7. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous X materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions X involving the release of hazardous materials into the environ- ment? c) Emit hazardous emissions or handle hazardous or acutely haz- ardous materials, substances, or waste within one - quarter mile X of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to X the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public X airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working X in the project area? g) Impair implementation of or physically interfere with an adopted X emergency response plan or emergency evacuation plan? Checklist Page 6 0 0 0 J 0 .a, 0 • Checklist Page 7 Less Than Issues Potentially Significant Significant with Less Than Significant No Impact Impact Mitigation Impact Incorporated h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed X with wildlands? 8. HYDROLOGY AND WATER QUALITY -- Would the Project: a) Violate any water quality standards or waste discharge require- X ments? b) Substantially deplete groundwater supplies or interfere substan- tially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater X level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream X or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface X runoff in a manner which would result in flooding on- or off - site? e) Create or contribute runoff water which would exceed the capac- ity of existing or planned stormwater drainage systems or pro- vide substantial additional sources of polluted runoff? X f) Otherwise substantially degrade water quality? X g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation Ina p) X h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death, involving flooding, including flooding as a result of the X failure of a levee or dam? 1) Inundation by seiche, tsunami, or mudflow? X 9. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? X b) Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not lim- ited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or miti- gating an environmental effect? Checklist Page 7 F-1 L 0 Checklist Page 8 0 • • Less Than Issues Potentially Significant Significant With Less Than Significant No Impact hritigation Impact Impact p Incorporated c) Conflict with any applicable habitat conservation plan or natural X, community conservation Ian? 10. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that X would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, X specific plan or other land use plan? 11. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordi- X nance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome X vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the X project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the X project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public X airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to X excessive noise levels? 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indi- rectly (for example, through extension of roads or other infra- X structure ? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the con- struction of replacement housing elsewhere? X 13. PUBLIC SERVICES — a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered gov- ernmental facilities, need for new or physically altered govern- mental facilities, the construction of which could cause signifi- X cant environmental impacts, in order to maintain acceptable ser- vice ratios, response times or other performance objectives for any of the public services: Checklist Page 8 0 • • 0 • Ll Checklist Page 9 Less Than Potentially significant Less Than Na Issues significant with significant Impact P Impact Mitigation Impact Incorporated X 1) Fire protection? 2) Police protection? X 3) Schools? X 4) Parks? X 5) Other public facilities? X 14. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or X be accelerated? b) Does the project include recreational facilities or require the X construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 15. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result X in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersec- tions)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an in- crease in traffic levels or a change in location that results in sub- stantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X 16. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the con- struction of which could cause significant environmental X effects? Checklist Page 9 • 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. L.J • c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. • Checklist Page 10 11, Less Than Issues Potentially significant significant With Less Than significant No Impact Mitigation Impact Impact Incorporated c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capac- ity to serve the project's projected demand in addition to the X provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ac- commodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X 17. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal commu- X nity, reduce the number or restrict the range of a rare or endan- gered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the X effects of other current projects, and the effects of probable future ro'ects )? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. L.J • c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. • Checklist Page 10 11, 0 • CITY OF NEWPORT BEACH ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS San Miguel Drive Widening From Avocado Avenue to MacArthur Boulevard Project Descrintion This project provides for a six foot roadway sliver widening along the northerly side of San Miguel Drive and the reconstruction and modifications of medians, roadway pavement, sidewalk, curb and gutter, curb access ramps, catch basins, storm drains, traffic signal systems, pavement striping and markings, and other incidental items of work from Avocado Avenue to MacArthur Boulevard. These improvements will 1) increase the left -turn lane storage capacity for the westbound San Miguel Drive traffic that turns onto southbound Avocado Avenue and 2) eliminate the San Miguel traffic queue that currently impedes southbound MacArthur Boulevard traffic during the AM peak hours. ANALYSIS The following provides the explanations and supporting analyses for the impact categories and questions contained in the previous Checklist, and identifies mitigation measures where applicable. Topics that have no identified impacts, or that have impacts determined to be less than significant without mitigation, will not be discussed in the environmental impact report. 1. AESTHETICS Would lite project : a) Have a substantial adverse effect on a scenic vista? No Impact. The project is located within a fully developed commercial section of the City. There are no scenic resources within proximity of the project. The project will not have any adverse effect on a scenic vista. No mitigation measures are necessary. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The project is not located within a state scenic highway. There are no scenic resources within proximity of the project. The project will not have any adverse effect on a scenic vista. No mitigation measures are necessary. CHECKLIST EXPLANATIONS PAGE I • 0 c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The project provides for a 6 -foot sliver widening for a portion of an existing roadway. The improvements will not affect the existing visual character nor the quality of the site and its surroundings. No mitigation measures are necessary. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. The project does not include any lighting work. The existing street lighting arrangement within the project limits will remain as -is. The project will not adversely impact the day or night time views in the area. No mitigation measures are necessary. 2. AGRICULTURE RESOURCES Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of tire California Resources Agency, to non - agricultural use? No Impact. No agricultural activities occur within the project vicinity. No mitigation measures are necessary. b) Conflict with existing Zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is not zoned for agricultural use and there are no Williamson Act contracts within the project vicinity. No mitigation measures are necessary. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? No Impacts. The project does not involve any work that could result in the conversion of farmland. No mitigation measures are necessary. r] CHECKLIST EXPLANATIONS Page 2 • 3. AIR QUALITY Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The project would result in emissions during construction (e.g. dust and construction equipment exhaust). No emissions would be generated after construction is completed. It is anticipated that construction equipment will be limited to a backhoe/loader, a dump truck, a concrete mixer, and an asphalt roadway paving machine during various phases of the work. A street sweeper will be at the project site throughout the work duration. This combination of equipment is estimated to generate substantially less than the significance thresholds identified in the South Coast Air Quality Management District's 1993 CEQA Air Quality Handbook, Table A9 -8E. Consequently, the project would not conflict with or obstruct implementation of the air quality plan. Standard contract specifications require that all construction equipment be maintained in proper working order, which would minimize emissions. No additional mitigation is necessary. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. See Section 3.a above. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds far ozone precursors)? Less Than Significant Impact. See Section 3.a above. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. See Section 3.a above. e) Create objectionable odors affecting a substantial number ofpeople? Less Than Significant Impact. Diesel- powered equipment used for construction could cause odors and emissions that may be offensive to sensitive receptors. However, the construction work is adjacent to vacant land and the odors should not cause any problems for the nearby businesses and residents. Consequently, the project would not generate objectionable odors during the work. The completed improvements will not generate any odors. The issue of odor generation is expected to be less than significant. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 3 • 0 0 4. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The project does not include any drainage work and will not cause additionally urban runoff into the existing drainage system. No mitigation measures are necessary. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. See Section 4.a above. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means? No Impact. See Section 4.a above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. See Section 4.a above. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. See Section 4.a above. f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Platt, or other approved local, regional, or state habitat conservation plan? No Impact. The project site is not included in any Habitat Conservation Plan nor NCCP area. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 4 • i 0 5. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in §15064.5? No Impact. There are no historic resources at the project site. No mitigation measures are necessary. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? No Impact. There are no archaeological resources at the project site. No mitigation measures are necessary. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? . No Impact. There are no paleontological resources at the project site. No mitigation measures are necessary. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. There are no known human remains at the project site. No mitigation measures are necessary. 6. GEOLOGYAND SOILS Would the project. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. There are no known earthquake faults or Alquist -Priolo zones within the project vicinity. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 5 0 2) Strong seisunic ground shaking? No Impact. Although there are no known earthquake faults within the project vicinity, the area is subject to strong seismic ground shaking, as is the case with all of Southern California. Due to the nature of the new improvements, seismic ground shaking will not pose serious hazards to the public. No mitigation measures are necessary. 3) Seismic- related ground failure, including liquefaction? No Impact. See Section 5.a.2 above. 4) Landslides? No Impact. The project location is nearly flat and no significant risk of landslide is present. No mitigation measures are necessary. b) Result in substantial soil erosion or the loss of topsoil? No Impact. The project area is completely urbanized and is located entirely within existing street right -of -way. No soil erosion or loss of topsoil would occur during or after construction operations. No mitigation measures are necessary. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. The project involves a 6 -foot sliver widening of an existing roadway and traffic lanes reconfiguration within a fully developed commercial section of the City. The potential of landslide, liquefaction, or other hazards that could be caused by this project is minimal. No mitigation measures are necessary. d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? No Impact. Expansive soils are generally high in clay content. The soil samples recorded for various work within proximity of this project did not exhibit clayey characteristics. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 6 02 • • 0 0 e) Have soils incapable of adequately supporting tire use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The project does not involve the use of septic tanks. All wastewater is presently conveyed off -site via connections to the sanitary sewer system. No mitigation measures are necessary. 7. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. No use, transport, or disposal of hazardous material is proposed for this project. No mitigation measures are necessary. b) Create a significant hazard to tine public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? . Less Than Significant Impact. Gasoline- and diesel powered equipment would be used during construction. The standard construction contract provisions require the contractor to follow the site maintenance and cleanup procedures described in the Standard Specifications for Public Works Construction. No additional mitigation measures are necessary. a5 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No impact. The project would not involve the handling or transport of acutely hazardous materials and would not result in hazardous emissions. The existing school facility closest to the project location is approximately 1 mile away. No mitigation measures are necessary. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The project is not located on a listed hazardous materials site. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 7 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project is not located within an existing or future airport land use plan area nor within two miles of an airport. No mitigation measures are necessary. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Im acct. The project is not located within the vicinity of a private airstrip. No mitigation measures are necessary. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. The project will not have any permanent effects on an emergency response or emergency evacuation plan or procedures. During construction, the contractor is required by the contract specifications to provide emergency vehicle and personnel access • throughout the project limits. No additional mitigation measures are necessary. !r) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The project is located in a fully developed urban commercial area with no wildland interface. No mitigation measures are necessary. 8. HYDROLOGYAND WATER QUALITY Would the project. a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The project would involve the discharge of stormwater into the existing storm drain system. Such discharge would contain urban pollutants such as pesticides and oil. However, since the same runoff from the project area is currently entering the existing storm drain system, no change in the type nor quantity of runoff is expected. Construction will be subject to the National Pollutant Discharge Elimination . System (NPDES) Best Management Practices, which require measures be taken to minimize runoff of contaminants and siltation. No additional mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 8 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater level (eg., the production rate ofpre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? No Impact. The project would not have any effect on groundwater supplies nor recharge. No mitigation measures are necessary. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off site? No hn acct. The project would not alter the existing drainage pattern in the area. No mitigation measures are necessary. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? • No Impact. The project would not alter the existing drainage pattern in the area. No mitigation measures are necessary. e) Create or contribute runoff' water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources ofpolluted runoff? No Impact. The project would not create any urban runoff. No mitigation measures are necessary. fl Otherwise substantially degrade water quality? No Impact. The project does not include any water work and will not degrade the existing level of water quality in the area. No mitigation measures are necessary. g) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. No housing is proposed for this project. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 9 0 0 h) Place within a 100 year food hazard area structures which would impede . or redirect food flows? No Impact. No structures that would impede or redirect flood flows are proposed for this project. No mitigation measures are necessary. i) Expose people or structures to a significant risk of loss, injury or death, involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The project would not expose people or structures to flood hazards. No mitigation measures are necessary. j) Inundation by seiche, tsunami, or mudflow? No Impact. The project site, typical of the California coastline, is located in a low -lying area that could be inundated in the event of seiche or tsunami. The project would have no effect on these conditions as the proposed improvements are intended for traffic flow enhancement. No mitigation measures are necessary. 9. LAND USE AND PLANNING fVould the project. • a) Physically divide an established community? No Impact. The project is located in a fully developed commercial area of the City. The project would not physically divide the already established community. No mitigation measures are necessary. b) Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The project would not conflict with the existing General Plan land use designation or zoning. No mitigation measures are necessary. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The project would not conflict with habitat or natural community conservation plan. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 10 0 0 10. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The project is located in a fully developed commercial area of the City and no mineral sources would be affected. No mitigation measures are necessary. b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. There are no locally important mineral resource recovery areas located within the project limits. No mitigation measures are necessary. 11. NOISE Would the project result in: a) Exposure ofpersons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant hnpact. The project would not result in any long- term noise increase. As with all public works projects, a short-term noise increase around the project site would occur during construction. All construction equipment will comply with the noise limits imposed by the Standard Specifications for Public Works Construction and by the Newport Beach Municipal Code. No additional mitigation measures are necessary. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant )fact. The project could generate a moderate amount of ground vibration during the roadway removal work. Such vibration is typically of roadway projects. Since the amount of roadway removal is minimal, the ground vibration that could result from the work should not last more than one day. No additional mitigation measures are necessary. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without Ore project? No hnoact. The project could not generate a permanent increase in ambient noise levels in the area. Additionally, the project would reduce the noise CHECKLIST EXPLANATIONS Page 11 n, 0 0 level in the area due to reduced traffic congestion. No mitigation measures are necessary. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The project could generate a moderate and temporary of noise increase during construction. Such noise increase is typically of public works projects. All construction equipment will comply with the noise limits imposed by the Standard Specifications for Public Works Construction and by the Newport Beach Municipal Code. No additional mitigation measures are necessary. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project is not located within an airport land use plan nor within two miles of a public airport. No mitigation measures are necessary. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Is No Impact. There are no private airstrips within the project vicinity. No mitigation measures are necessary. 12. POPULATIONAND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. The project is located in a fully developed commercial area of the City and is proposed for roadway improvements. No increase in population growth could result from this project. No mitigation measures are necessary. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The project is located in a fully developed commercial area of the City and is proposed for roadway improvements. No decrease of existing housing could result from this project. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 12 0 0 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. The project is located in a fully developed commercial area of the City and is proposed for roadway improvements. No displacement of existing residents could result from this project. No mitigation measures are necessary. 13. PUBLIC SER DICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. 1) Fire protection? No Impact. The project would not adversely impact fire protection in the area. Additionally, the project will provide improved fire protection access during morning peak hours. No mitigation measures are necessary. 2) Police protection? No Impact. The project would not adversely impact police protection in the area. Additionally, the project will provide improved police protection access during morning peak hours. No mitigation measures are necessary. 3) Schools? No Impact. The project would not affect student generation or school operations. No mitigation measures are necessary. 4) Parks? No Impact. The project would not affect parks or recreation. No mitigation measures are necessary. 5) Other public facilities? No Impact. The project would not affect any other public facilities. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 13 0 14. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The project would not increase the use of existing neighborhood or regional parks or other recreational facilities. No mitigation measures are necessary. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The project would not increase the use of parks or other recreational facilities. No mitigation measures are necessary. 15. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact. Typical of all construction work, a short-term increase in traffic in the general area immediately adjacent to the work site is expected to occur during construction. The traffic increase will not be significant. Additionally, the contractor will not be allowed to close any traffic lanes during peak traffic hours. No additional mitigation measures are necessary. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact. Except for the temporary traffic delays during construction, the improvements will reduce the traffic congestion in the area during peak hours and improve the level of service for the roadway. No mitigation measures are necessary. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 9 No Impact. The project will not change the current air traffic patterns in the area. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 14 • 0 d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No impact. Except for the portion of the road that will be widened by 6 feet, the project will not change the geometries of the existing roadway. No mitigation measures are necessary. e) Result in inadequate emergency access? Less Than Significant Impact. During construction, all emergency vehicles and personnel will have uninterrupted access through the work zone. The completed project will improve emergency access during peak traffic hours. No mitigation measures are necessary. j) Result in inadequate parking capacity? No Impact. The project will not change the existing parking capacity in the area. No mitigation measures are necessary. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (eg., bus turnouts, bicycle racks)? No Impact. The project will not conflict with adopted policies, plans, or programs supporting alternative transportation. No mitigation measures are necessary. 16. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The project would have no effect on wastewater flows or treatment requirements. No mitigation measures are necessary. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The project would have no effect on wastewater flows or treatment requirements. No mitigation measures are necessary. CHECKLIST EXPLANATIONS Page 15 0 0 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The project would have no effect on storm water flows. No mitigation measures are necessary. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. The project would not affect water supply or demands. No mitigation measures are necessary. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The project would have no effect on wastewater flows or treatment requirements. No mitigation measures are necessary. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? . Less Than Significant Impact. The project construction may result in the generation of excess earth material that would need to be transported off site. This would not be considered a significant impact due to its temporary nature and limited quantity. Removed native material that could not be reused on the project will be diposed of at a landfill. Removed asphalt material will be recycled by the contractor. No mitigation measures are necessary. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The project specifications require the contractor to dispose of construction waste in accordance with the applicable statutes and regulations. No mitigation measures are necessary. 0 CHECKLIST EXPLANATIONS Page 16 0 s 0 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact. The project does not have the potential to degrade the environment. No mitigation measures are necessary. b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, acid the effects of probable future projects) ? No Impact. The project does not have any impact that is individually limited, but cumulatively considerable. No mitigation measures are necessary. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Imp. The project does not have any environmental effects that could cause substantial adverse effects on human beings. No mitigation measures are necessary. Building News Publications, Standard Specifications for Public Works Construction, 1997 Edition. City of Newport Beach, Newport Beach Municipal Code. South Coast Air Quality Management District, CEOA Air Quality Handbook, 1993. REPORT PREPARATION PERSONNEL Lead Agency: City of Newport Beach Don Webb, P.E. Bill Patapoff, P.E. Fong Tse, P.E. Public Works Director City Engineer Associate Civil Engineer CHECKLIST EXPLANATIONS Page 17 0 Appendix A Project Vicinity Map and Location Map ?.1 0 r 0 U' z � Q U CENTER O FASHION ISLAND SqN n/� SAN MIGUEL DRIVE WIDENING FROM � AVOCADO AVE TO MACARTHUR BLVD LOCATION MAP NOT TO SCALE ll� Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange Counry lirornia. Number A -6214, Scptembet 29, 1961, and A -21211 June 11, 196lp PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of-eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of-Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: October 28, 1999 I declare, under penalty of perjury, that the I is true and correct. Executed on October 28, 1999 at Costa Mesa, California. Signature REC sI" fHQ '99 NOV -2 AB :36 OFFICc OF TH. CITY CLERK CITY OF Y -1VP CRT BEACH ;. 447 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 15, 1999 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 OD �rtPY RE: Notice of Determination for the Bayside Drive Storm Drain Improvement Project; and Notice of Determination for the San Miguel Drive Widening Project Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. Bog 1768 Newport Beach, CA 92658 -8915 TITLE OF DOCUMENT: `I THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 6103 Notice of Determination (San Miguel Drive Widening Project) C#V OF NEWPORT BEA P O S T E D 3300 Newport Boulevard - P.O. Box 1768 DEC 15 1999 Newport Beach, CA 92658 -8915 (949) 644 -3311 GARY L. GRANVILLE, Clerk-Recorder NOTICE OF DETERMINATIO14Y -- DEPUTY To: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division 12 Civic Center Plaza Santa Ana, CA 92702 From: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 Orange County Date received for filing at OPR/County Clerk: Subject: Filing of Notice of Determination in compliance with Section 21108 or . 21152 of the Public Resources Code. Name of Project: San Miguel Drive Widening Project State Clearinghouse Number: City Contact Person: Telephone No.: 99101132 William Pataooff 949 / 644 -3311 Project Location: San Miguel Drive from Avocado Ave to MacArthur Blvd. Project Description: This project provides for a six foot sliver widening along the northerly side of San Miguel Drive, reconstruct the median, roadway pavement, sidewalk, curb and gutter, curb access ramps, catch basins, storm drains, traffic signal systems, pavement striping and markings, and other incidental items of work from Avocado Avenue to MacArthur Boulevard. This is to advise that the City of Newport Beach has approved the above described project on December 13. 1999 and has made the following determinations regarding the above described project: 1. The City is Lead Agency for the project. 2. The project will not have a significant effect on the environment. 3. An Environmental Impact Report was not prepared for this project pursuant to the provisions of CEQA. 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 5. Mitigation measures were not made a condition of the approval of the project. 6. A Statement of Overriding Considerations was not adopted for this project. 7. Findings were made pursuant to the provisions of CEQA. The final Negative Declaration and record of project approval is available for review at the Public Works Department of the City of Newport Beach, 330 ewport Boulevard, Newport Beach, CA 92658 -8915; 949/644 -3311. t William PatapolTiCity Engineer Ibafe 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 28, 2000 GCI Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Roadway Improvements Project (Contract No. 3311) 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, "", Y n -'b U'V `" / Leilani I. Brown Deputy City Clerk 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 July 28, 2000 Los Angeles Engineering 4134 Temple City Boulevard Rosemead, CA 91770 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Roadway Improvements Project (Contract No. 3311) 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, 6�w� ; - "� " � Leilani I. Brown Deputy City Clerk 3300 Newport Boulevard, Newport Beach