Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-3390 - Mariners Drive Spillway
rnn- 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 11, 2003 K. A. S. Equipment & Rental, Inc. P. O. Box 9570 Ontario, CA 91762 -9570 Subject: Mariners Drive Spillway (C -3390) To Whom It May Concern: On June 11, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on July 23, 2002. The Surety for the contract is Mid -State Surety Corporation, and the bond number is 778015. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 BOND NO. 778015 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,000.00 being at the rate of $ 20.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to K.A.S. Equipment & Rental, Inc., hereinafter designated as the "Principal ", a contract for construction of MARINERS DRIVE SPILLWAY, Contract No. 3390 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3390 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Mid-Staff, S urPrY nor= nrat i nn . , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of forty nine thousand nine hundred eighty two and 50/100 Dollars ($49,982.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated; then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; othetwise this obligation shall become null and void. 28 P_05 ` Feb -D4 -02 08:32A As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications, This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City_ In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 4th day of February, /\ _, 23D82, -1 R.A.S. EQUIPMENT & RENTAL, INC. Name of Contractor (Principal) 141D-STATE SURETY CORPORATION Name of Surety 1730 E. Northern Ave., Suite Phoenix, AZ 85020 Address of Surety (877) 414 -8117 Telephone 11G Pnrr;r;a 7.an;z.o. Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED )W'to- 2DOINdOlexUSERS PBWUheredlCOntmct&FY 01-021MARINERS DRIVS SPILLWAY C- 339MCONTRACT C- 3390.do CALIFORNIA State of California MENT County of San Bernardino On (P 02 before me, Lynn Assman Notary MR-9., lic e e Name anv Iil e o 'J. oe, Notary Public) Personally appeared Danielle Reinberoer NaMWJS) e spner e LYNN ASSMAN Q COMMI 1258040 D NOTARY PUBLIC- CALIFORNIA D San Bernardino County My Comm. Expires March 21.2004 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by 41s /her / their signature(s) on the Instrument the person(6), or the entity upon behalf of which the person(s) acted, executed the instrument, W1 IESS my hand and official seal. Signature or o ery MORE OPTIONAL Though the information below is not required by law, it may prove valuable to persons 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 04 /OaL Number of Pages: Signer(s) Other Than Named Above: 47y l CI ii' Z /� (Z o Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberoer ❑ Individual ® Corporate Officer Title(s): President/Secretary/Treasurer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: K.A.S. Equipment & Rental. Inc Signer's ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State o`; California County of Los Angeles On February 4, 2002 before'me, M. S. Rodriguez, Notary Public GATE NAME, 71Tl: OF OFFICER . E.0, 'JANE DOE. NOTARY FVBUC- personally appeared .. Patricia Zenizo NAMEW OF 516NEA(31 ( personally known to me OR [ i proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /theif authorized capacity(ies), , and that by his /her /their signature(s) on the instrument the person(s), or the entlty upon behalf of which the person(s) acted, executed the instrument. °°°°•• °• °• ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° °° WITNESS my hand and offical seal. M. S. RODRIGUEZ 13 ' COMM. #1333289 q s `� NOTARY PUBLIC • CALIFORNIA S , 2 LOS ANGELES COLMTY 2 °e My Comm. ExpiteS January 2, 2008 °o ° sees° eeeeeeeeeeeaeeeeoeeoee00000000o SIGNATURE OF NOTARY OPTIONAL Though the date below is net required by law, it may prove valuable to porsens relying en The dOCUnTOnr and could Pt OVen[ baud Ulenl legria VIMO [ Of This 10M. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT. I I INDIVIDUAL I I CORPORATE OFFICER TITLE OP. TYPE OF DOCUMENT TITLE(S)' I I PAATNER(S) I I LIMITED II GENERAL ATTORNEY -IN -FACT NUMBER OF PACES i I TRUSTEE(S) (I GUARDIAN /CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: N W C Or MPSO N151 OP ;HTT'eC57; SIGNER(S) OTHER THAN NAMED ABOVE July 23, 2002 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 K. A. S. Equipment & Rental, Inc. P. O .Box 9570 Ontario, CA 91762 -9570 Subject: Mariners Drive Spillway (C -3390) To Whom It May Concern: On June 11, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 18, 2002, Reference No. 20020510780. The Surety for the contract is Mid - State Surety Corporation, and the bond number is 778015. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P. E., Construction Engineer encl. 3300 Newport Boulevard, Newport Beach • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 BOND NO. 778015 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to K.A.S. Equipment & Rental, .Inc., hereinafter designated as the "Principal," a contract for construction of MARINERS DRIVE SPILLWAY, Contract No. 3390 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3390 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Mid -State Surety Corporation, .,..,,.duly authorized... to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of forty nine thousand nine hundred eighty two and 50/100 Dollars ($49,982.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 Feb -04 -02 O8:31A • P.O3 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et, seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 4th day of February A , 27c 1 r K.A.S. EQUIPMENT & RENTAL, INC. Name of Contractor (Principal) MID -STATE SURETY CORPORATION Name of Surety 1730 E. Northern Ave., Suite 112 Phoenix, AZ 85020 Address of Surety (877) 414 -8117 Telephone Patricia Zenizo, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL- PURPOS State of California County of San Bernardino On 2I (0 102_ before me, Lynn Assman Notary Public o ama e e a star e.g., ano c7—Q e, WsryW7 rc 7 Personally appeared Danielle Reinber er ems s ) Of igmr a ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the LYNNASSMAN within instrument and acknowledged to me that he /she /they a Comma 1258040 a executed the same in his /hedlheir authorized capacity(ies), M NOTARYPUBLIC - CALIFORNIA Co and that by his /her /thelr signature(e) on the Instrument the C San Bernardino County My Comm Expires March 24, 2004 person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. W ESS my hand and official seal. gna ure o o ary u c OPTIONAL Though the Information below Is not required by law, It may prove valuable to persons 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 Number of Pages: 2— Signer(s) Other Than Named Above: `I-AT i G j P- 215t\i 12 o Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberaer ❑ Individual ® Corporate Officer Title(s): President/Secretarvrrreasurer ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: K.A.S. Ecuioment & Rental. Inc 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 ACKNOWLEDCS —EMENT State 01 California County of Los Angeles On February 4, 2002 before' me, M. S. Rodriguez, Notary Public OA,TE NAME. TTrL—' OF OFFICER . E,G.'3ANG OOE. NOTARY PVOUC' personally appeared, .. Patricia Zenizo HAMM) OF SIGNERIsl ' (g personally known to me - OR I i proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), . and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. eeeeeeeeepOpe000000 ,o,eeeaeeeeoeoecoo WITRIESS my hand and offical seal. M. 9. RODRIGUEZ o G R COMM. #1333289 w S NOTARY PUBLIC - CALIFORNIA S {' 2 LOS ANGELES COUNTY 2 a o MY Comm. Fxp4es Jawary 2,205 0 SIGNATURE OF NOTARY ° OOe00000eoaoeooeoe00000eee00000eeoeoaa OPTIONAL Theugn the data below is net required by law, it may prove valuable to penons retying on the d000M10MC MCI Could provent Iraudulant reattacnment of this lane: ' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT. I I INDIVIDUAL I I CORPORATE OFFICER TITLE(S)' I I PAATNER(SI ( I LIMITED IIGENERAL Ir'1 ATTORNEY -IN -FACT i I TRUSTEE(Si ' I 1 GUARDIANICONSERVATOR I I OTHER: SIGNER 15 REPRESE MNG: NAME Or "Asokl5l On ;M rni[e]I: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGE5 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE M2S -TATE SURETY CORPORA YO GROSSE POINTE FARMS, MICHIGAN 48136 POWER OFATTORNEY Know All Men By There Presents: Ti That the MID-STATE SURETY CORPORATION, a corporation of the State of MICHIGAN, having its principal office in the City of Grosse Pointe Farms, Michigan, pursuant to authority granted by a resolution of its Board of Directors, which reads as follows: The President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys -in fact, as the business of the Corporation may require, and to authorize such attorneys -in fact, and each of them to execute on behalf of the Corporation, any bonds, recognizances, stipulations, contracts of indemnity and other undertakings oflike character, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any Vice President to certified copies ofsuch powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies ofpowers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment. " does hereby nominate, constitute and appoint Patricia Zenizo, Margaret S. Rodriguez or Pietro Micciche of Los Angeles, CA. its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed Any and all bonds in an amount not exceeding $10, 000, 000.00 in any single instance, for or on behalf of this Company, in its business and in accordance with its charter, and to bind MID-STATE SURETY CORPORATION, thereby, and all of the acts ofsaid Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, MID-STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 20th day of December 19 99 U l.. BARRY, PRESIDENT STATE OF MICHIGAN. COUNTY OF WAYNE J / / On this 20th day of December A.D. 19 99 personalty came before me JOHNJ. BARRY, tome known to b he individual and officer of the MID -STATE SURETY CORPORATION of Grosse Pointe Farms. Michigan, who executed the above instrument. and acknowledged the eucutiq fI the same. and being by me duly sworn, did severally depose and say: that he is the said officer of the Corporation aforesaid and the seal affaed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such offccn were duly affixed and subscribed to the said instrument by the authority of the Board of Directorsnfsaid Corporation. Notary Public t ti� I% I, the undersigned. Vice President of the Mid State Surety Corporation of Grosse Pointe Farts, Michigan, a Michigan corporation. DO HEREBY CER77FY that the foregoing Power of Anorney remains in full force and has not been revoked, and furthermore that the provisions of the By- awr of the company and the Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force. Signed and sealed in the City of Grosse Pointe Farms this 4th day of February 2002, (Seal) JOSEPH A. SPRYS, VICE PRESIDENT N RECOf Df_.e fZ U Recorded in Official Records, County of Orange ED BY AND Darlene Bloom, Interim Clerk- Recorder WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIiIIiIIIIIiIIIIIIIIIIiIIIIIIIIIIIIINO FEE City lerk _� A8 42 20020510780 03:34pm 06/18102 City of Newport Beach 107 23 N12 1 N �ou 0.00 o.00 0.00 0.00 0.00 0.00 0.00 0.00 Ne � wBPe�. ?F�f� "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 KAS Equipment & Rental, Inc., of Pomona, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: Mariners Drive Spillway - C -3390 Work on said Contract was completed on April 5, 2002, and was found to be acceptable on June 11, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Mid -State Surety Corporation. BY or .W6irector .. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BY City C e , at Newport Beach, California. • TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: C '339 June 11, 2002 CITY COUNCIL AGENDA ITEM NO. 8 MARINERS DRIVE SPILLWAY, CONTRACT NO 3390 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: JUN 11 2002 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On February 12, 2002, the City Council authorized the award of the Mariners Drive Spillway contract to KAS Equipment & Rental, Inc., of Pomona, California. The contract provided the rebuilding of the slope and construction of a reinforced concrete spillway below the Mariners Drive cul -de -sac, installation of a small quantity of rip -rap at the bottom of the spillway, restoration of the wooden fencing along the edge of cul-de -sac sidewalk and planting of native plant species. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $49,982.50 Actual amount of bid items constructed: 50,117.50 Total amount of change orders: 0.00 Final contract cost: $50,117.50 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for minor additional revegetation area exceeding the bid item quantity. The final overall construction cost including change orders was 0.27 percent over the original bid amount. No change orders were issued for the project. SUBJECT:' Mariners Drive Spil ontract No. 3390 - Completion And Acceptance . June 11, 2002 Page 2 Funds for the project were expended from the following accounts: Description Miscellaneous Slope Repairs Sidewalk, Curb and Gutter Repair Storm Drain Improvements Account No. Amount 7014- C5100508 $42,648.75 7013- C5100020 2,500.00 7012- C5100008 4,968.75 Total $50,117.50 All work was completed on April 5, 2002, prior to the scheduled completion date of April 19, 2002. Respectfully submitted, _/ Cr PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: k "t,, le4' R. Gunther, P.E. Construction Engineer • , ` #8 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "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 KAS Equipment & Rental, Inc., of Pomona, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: Mariners Drive Spillway - C -3390 Work on said Contract was completed on April 5, 2002, and was found to be acceptable on June 11, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Mid -State Surety Corporation. BY Pu. NicWor irector of wport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on AN , at Newport Beach, California. i u 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 31st day of January 2002, at which time such bids shall be opened and read for MARINERS DRIVE SPILLWAY Title of Project Contract No. 3390 $50,000 Engineer's Estimate Stephen G. Pu61ic Works Director Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Project Manager at (949) 644 -3340 j `, o • • 5 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 TABLE OF CONTENTS I� NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ......................................................... .. ......... ............ ............ SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 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 CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 7si�ar A Contractor's License No. & Classification Ka s, E-QU-IPMEtiT J /7tFkJ /-/ Iwc. Di4Al1EttE AuthcrizecFSignature/Title DEBT /5EC2FT -,42Y - / /�CiaZ Date Jar -22 -02 11:04 KAS WIPMENT 909 fJ9 2311 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO, 3390 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID IN ------ - - - - -- Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MARINERS DRIVE SPILLWAY, Contract No. 3390 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 22nd day of KAS EQUIPMENT & RENTAL, INC. Name of Contractor (Principal) MID -STATE SURETY CORPORATION Name of Surety 1730 E. Northern Ave., Suite 112 Phoenix, AZ 85020 Address of Surety (877) 414 -8117 Telephone Aut orized Agent Signatur Patricia Zenizo, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) P.03 MIDerATE SURETY CORPORATIO. GROSSE POINTE FARMS, MICHIGAN 48236 POWER OF ATTORNEY Know All Men By These Presents: That the MID -STATE SURETY CORPORATION, a corporation of the State of MICHIGAN, having its principal office in the City of Grosse Pointe Farms, Michigan, pursuant to authority granted by a resolution of its Board of Directors, which reads as follows: The President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys-in-fact, as the business of the Corporation may require, and to authorize such attorneys-in-fact, and each of them to execute on behalf of the Corporation, any bonds, recognLances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number ofsaid powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any Vice President to certified copies ofsuch powers ofattorney may be original orfacsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies ofpowers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment." does hereby nominate, constitute and appoint Patricia Zenizo, Margaret S. Rodriguez or Pietro Micciche of Los Angeles, California its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed. Any and all bonds in an amount not exceeding $10,000,000.00 in any single instance, for or on behalf of this Company, in its business and in accordance with its charter, and to bind MID -STATE SURETY CORPORATION, thereby, and all of the acts ofsaid Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, MID -STATE SURETY CORPORA TION of Grosse Pointe Farms, Michigan, has caused these presents to be signed by its proper officer. and its corporate seal to be hereunto affixed this Ist day of September 19 CORPORATION J. BARRY, PRESIDENT STATE OF MICHIGAN, COUNTY OF WAYNE On this !st day of September, A.D. 19 99 personally carte before me JOHN J. BARRY, to 4 known to be the individual and officer of the MID -STATE SURETY CORPORATTONof Grosse Polme Farms, M!ch.!gan, who executed the above instrument, aid a mins,14Jed the execW.ion of the same, and being by me duly.svvorn, dui severally depose and say: that he is the said officer ofthe Corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and theirsignatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Direclors o said Corporation. RENEE BLONDEQQ1 � NOTARY PUSUC N wxb CO, MI Notary Public my CoM4dSSlON EXPIRES Oct 17, 2003 ACTING IN WAYNE COUNTY, Wr�.fal= Eyi. C the undersigned Vice President of the MidSYale Surety Corporation of Grosse Pointe Farms Michigan, a Michigan corporation, DO HEREBY CER77FY that thefrregoing Power of Attorney remains in full force and has not been revoked, and furthermore that the provisions of the By -Laws of the company and the Resolutions of the Board ofDireclors set forth in the Power of Attorney, are still in force. Signed and sealed at the City of Grosse Poigprarms this 22nddayofJanua 10 2002. (Seal) JOSEPH A.14& YS, p CE PRESIDENT CAL1fORNIA ALL- PURPOSE ANOWLED(i`ciVIENT �aralm State o`, California County of Los Angeles On January 22, 2002 before' me, M. S. Rodriguez, Notary Public OA rE NAME, MU: OF OFWCEN . E,O.'JANE OOE. NOTARY PVOUC- personally appeared, .. Patricia Zenizo NAME(5) OF 51rNEAI51 [ personally known to me - OR [ ) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he(she /they executed the same in his /her /their authorized capacity(ies), , and that by his /her /their signatures) on the instrument the person(s), or the entlry upon behalf of which the person(s) acted, executed the instrument. °0°0°10000000000000000°000000000o000000 WITNESS my hand and offical seal. M. 9. RODRIGUEZ ° G CARypU #1333289 p R NOTAflY PUBUC -CALIFORNIA 8 2 LOS ANGELES COUNTY 2 My Comm. Wiles imuM 2.2M $ SIGNATURE OF OF NOTARY 00000000000000 00000000000000000000000 OPT)ONAL Though the data below is not required by law, it may prova valuable to pamans retying on the dacumenr and could prevent Iraudulont rearla Chment of this loan. CAPACITY CLAIMED 5Y SIGNER DESCRIPTION OF ATTACHED DOCUMENT. I I INDIVIDUAL I I CORPOR.AT- OFFICER TITLE OR TYPE OF DOCUMENT TITLE(Sl' ( I PARTNER(S) ( ) LIMITED lI GENERAL �6.AT OFINEY -IN -FACT i I TRUSTEE(51 ' ( I GUARDIAN /CONSERVATOR j I OTHER; SIGNER 15 REPRESENTING: ..PC Or rtnaC9la1 an ;t nfltal: NUMBER OF FAQ DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL - PURPOSE ALKNOINLEDGMENT State of California County of San Be nardino On V� before me, Lynn Assman, Notary Public a e �e a iiile oTOihcer e.g., `7ane�ce, o awry �u is ' Personally appeared Danielle Reinberger ame s o igner s LYNN ASSMAN 4 Comm.# 1258040 W ca Q NOTARY PUBLIC - CALIFORNIA D J San Bernardino County uv Comm. Fxoires March 24.2004 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Si na ure 61 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons 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 C)N D Number of Pages:_ Signer(s) Other Than Named Above: P1 f I r"'1G,q 26N( -zc) Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberger ❑ Individual ® Corporate Officer Title(s): President/Secretaryrrreasurer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: K.A.S. Equipment & Rental, Inc Signer's ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 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. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid M995 /7797— WE5T, //vC. 9 38 a 41V0JWJg5En15 &SWN0100, cfi 9a0aR lO 4los f # l3 Qao 4/N05c4PE I � ZD G6e J7P GLL o2I �D o - &rlo703 o Carl lf.4,6. e7a(.UPMEST d, Bidder W2 JTR/-/ ANC Authorized Signature/Title = Di*,Jl,&' E RvAl)Soz Gle � PIZEt l ber lT /:5 FCaAF7AaY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. ec z Lc.f /N C FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Gino o vQ7gzN( PPrR -KWA -y St-we gLe—PmR C,6k,, C 0 WTQAC—T- i-� 02 —U I Approximate Construction Dates: From �2 D I To: Z10 I Agency Name G!T� D,-e -A�UWA W 1C�LtEF p WCl WOQ� Contact Person RJO 'I T-aINK�AUS Telephone(9iq 1 -4�5+8 Original Contract Amount $17js0.Final Contract Amount $ �7j SSo °O If final amount is different from original, please explain (change orders, extra work, etc.) N Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 00pi 7 • No. 22 SAN � A►S REF\( ReTcZE noN,�-L t 4[L Project Name /Number - ,) Project Description pkcbe 2) CoNMAC -T V 2072774 Approximate Construction Dates: From To: 2 DI Agency Name G (ri OF SI d� Contact Person KI 121E STfZe'1FT`5 Telephone C7�9 436 - 50 aq �, 3 Original Contract Amount $ 4 �) �2zxal Contract Amount $ I 7 (o2Z • �3 j If final amount is different from original, please explain (change orders, extra work, etc.) NlP Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NoN� No.3 Pacoec-r ID# FCCOOof�307 Project Name /Number Project Description VF12NOt4 C- 40rNNCL-- FI C U09(Z0OtC DGGQ.15 eA5 / N Approximate Construction Dates: From Dq D I To: W-o-)JEC.'f 10 FQOCn- DZE'755 Agency Name Coo NT-f OF Los Erry6e1,r`f;2 D := OF ptJGLAC W<S Contact Person NDIAr T oF Original Contract Amount $� ZInTContract Amount %iVoJECT ItJ Pao(=�SS If final amount is different from original, please explain (change orders, extra work, etc.) X /f'�- Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NoNI No. 4 Project Name /Number MODIFICAT1ONJ MF oP'(!!-� 644 -NNE-L IN( Project Description N a) P-15- I us Approximate Construction Dates: From b1 0`� To: G oS # 07- 4 1224 Vao->eCT IN pRoe4(2.e,55 Agency Name OF T2Prr�I5pD2Tf! rI DF�► Contact Person "rOi ANNI`Jrelephone (5�2Q 40 1- 3333 X 248 Original Contract Amount $ 4 IN final Contract Amount $ A /,�: If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Nom No. 5 G��N g 21 E:a Did.. vAa L -, t Project Name /Number I I h1(i Project Description Iro pq KAt5 CoNrr. 2112- 757542 Approximate Construction Date`s: /From UP 101 To: 0-7/()/ Agency Namq�-7 � ilrl2y KG (L'L -1'JbN Contact Person >C Tom( 01� QC �ArN 5t 17ETelephone (7& Q "5-5((L+ Original Contract Amount $rJ � 'JWnai Contract Amount $ 4 If final amount is different from original, please explain (change orders, extra work, etc.) N Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. �JDNE- No. ss Pyt'�Lq E�SNTAR_\f 5GH�oo L 500 N3D WALL Project Name /Number ) Project Description _ 'F)l-p N O. 23( 60-- 0 1>FIP Approximate Construction Dates: From uO O ( To: dq I D Agency Name -17bmoNA Vi.,N i r—) 7 COOL_ DISTatGT- Contact Person 1'5 'EX-A- L�)VA_70 Telephone (Ci99 ) 3q — Lf B Oc) Original Contract Amount $ q 2 final Contract Amount $ 21P CS1253. S-3 If final amount is different from original, please explain (change orders, extra work, etc.) N /Ft Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. W, Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisa f the 's current financial conditions. Bidder RL/ ' Ci Authorized Signature/Title DAB 1 b-u E RBI N r6eT2k tFf 3 I D.E7� 1 StZ 2E C pad 10 0 RESUME of DEAN HOLLAND Mr. Holland has been a Carpenter /Foreman for 12+ years in the public works industry. In the last 4 years he has been supervising many projects which include flood control projects, such as open vertical wall channel box culverts and trapezoidal sloped channels. Mr. Holland is knowledgeable in reading engineering plans, engineered drawings for and building falsework, formwork, shoring and surrey stakes. He has the ability to select the correct safe and efficient type of forming system for concrete work, runs mid- sized form and /or pour crews consisting of operators, carpenters, cement masons and laborers as well as interfacing and scheduling sub - contractors. Mr. Holland has supervised many projects that are "various locations — citywide ", which are especially difficult, due to the different stages of work that are being completed at several locations at one time. Mr. Holland is very adept at scheduling demolition; form crews; and pour and finish crews. RESUME of TERRY ROSENBAUM 0 Mr. Rosenbaum has been working in the construction industry since 1966 and specializes in heavy construction equipment, grading and excavating. Mr. Rosenbaum is very accomplished in the operation of the following equipment: Dozers - Catepiller, D-4 and D -10 with slope boards Scrapers - Catepiller, 613 to 633 sizes Blades - Catepiller 12G to 16G Wheel Loaders - Catepiller 920's to 988's Mr. Rosenbaum has supervised and managed grading crews up to 50 men. He has extensive experience in teaching safety, maintenance and operator training programs. He is also an owner operator and hold's his own General Engineering Contractor State License and is an accomplished estimator. 0 9 RESUME of WESLEY W. WRIGHT Mr. Wright has performed work on and supervised the construction of various types of construction projects over the past 12+ years. These projects include a large bridge seismic retrofit, poured in place box girder bridge over a freeway and many flood control projects, such as open vertical wall channel box culverts and trapezoidal sloped channels. Mr. Wright is knowledgeable in reading engineering plans, engineered drawings for and building falsework, formwork, shoring and survey stakes. He has the ability to select the correct safe and efficient type of forming system for concrete work, runs large form and /or pour crews consisting of operators, carpenters, cement masons and laborers as well as interfacing and scheduling sub - contractors. In 1990, Mr. Wright had a project that he supervised win an "Excellence In Construction" award from the Associated Builders and Contractors Association of Southern California, because of its difficulty and detail. Mr. Wright's strengths include, but are not limited to, his attention to detail as well as his overall view of a large project. O Q v J O N N O (D O cn O m (7 r co z 0 N O N O O N O O O O O O O O O O o Z O p CD p O p V C) O) O cn p W p N p p 00 Din z -V n U)K0 Cn;uo 2vn cn 00 Ron m-u0 x-u0 MKO C-) mc �� ° O� �_ ° •° a 0 •° = 0 7 F- . -0 ° 0 2 c 0 7 cD 0 7 <(D 0 = to In W 0 3 0� O C Co 0 NO ° J R S O N- O y D T x o O O J x C O O° W x W x C W CL x C C cD 3 d D J N CU O? J O d y O J v < 0O O N . cD 0 N j m C^ CD CO y N J N co N m ppp CO ^ co 0 O a O O y-WQ j W (7 - C G D(,�Q �CO� yTm Dm py CD D0°)� c' 0 Z (O d J C F U1 < n O 0 O x CD n n 00 A O COO N� CD (O N' Q - j -C7 0 D N 7 7 N N— � O M W O A (° A 0 Co r O O O N 0 CO W V O (OD m _ D NN W Cn N N O T D n 0 O N D n W N O (Jil iii CL L' m S D(om m O) C (o S iiD J m p Co 0 O N * O N G N O O N Z 0 y D A N O p C. D CD ( y J T O 00 Cn y Co 7. Cn2 WCn G) 0 '0V CnW — co 0 OWv O N O C C �.n N �° C O N p and (D .Zl W? (Ci) CJ A 1 N 3 cD , y N n i W 0 j 0 Cn O C OJO v *-00 T 00 O dD my J n o m0 CD D — 0 j o m n 3 D (T J N J O r (7 0) 7 O J 0 '� N_ (D - y — CD CD O y N Ol 3 3= N n 0- 'T) m .a -o o°= a� ov N'D y o * m -f �_+ J o n o _ s 3. 0) CD J y o Cn o 23 3 — 0 m m� v Dy m °' � O w °—' °' x (o �� CD I w n� �= °y? -i pCD * < y _ ZJ N �.�. Cn co CD O N N 061 0 O D A� co Z N N W �' .°. O N O N 0 D) -n n O O v 7k N a IP r m d c � rn� o � Om D T Q N y°.. 0 W ro 0 SA N O v .-o N C(�T O i b A 69 to Fn 0 N w w N W _ w to w co 0 W O OWD Cw)1 W O W A co N O A OA) N (NT N CT N O A N CD co O) co N O O V OWD O O O O O N (° D w v Cn m o m I v m D Cn W K 0 N N 3 0 V 0 N = CD �D ° > j °�� 0 7 o f a. A A 1 J CD o CD x O N y o 5F > � o (D N m > ny m J (D N O CD CD J f1 y y _ CD 0 Z 0 O) 0 (T N N O A ID r (T V W _ W V O O O O A V v A A (OT fOli W AVOW V O m (p (n In V N OD (T (n (T V (P W (n V V (NT W (D W Z 0 CT V fT W N W CT O N O W O O Vt W W (T A O.-. (n W W O W O (VD V (T N (T N O O W S CT r (D (T V fT W N DND N O N N O d N W N d d m N W x A x 0 V x 0 (NT x W x 0 A V x .... W x 0 (�T x (T CO x m (T n � 3 d8�, v p CD O O W O O O0 CD O O (D O O O O OO O O O - O O N O n c a (p o [D o (OD o COD o tOD a OOD O m (7 r co z 0 N O N O O N t_ O Q of O d CD CD N O Cn .77 O m m n 1 r Z G) N O N (D O N O O O_ O O O O O N N _ _ _ _ _OO _ O (0 OD V W (.n A W N 00)0 -u -00 AG) n Nfow 0 < N D -0 C4 -u cn -u ;D 0 Z N ; (7 < N O 0w (D G n(p O (O O "O G d (D O) -O d UO -(O p p d d 7 O N O 0 0 V O d O -CCD O O N A O A C N -4O d C N y V O O W X O O P, 3 0 N m0 W X m° N CC N D N N CD D (D n D =o ^ O A N > 0 0 'O 0 N D0 < (o (0 r0AOca W O D a D m 3 Dd X C-)OC D D W � 0 0 0 2DoN W 0 N '� V � O rn< o 0 �� 0 1 () 0 m V o < a0 ° CD 1 (0 ° d m m i 3 wcD m m O=d � N O p O N Ul C1 3 N0 C» N N O N Cil M < N d 'm0 CL O m c c m D) O N< O O) (D 00 o y D a D �� m (D g ° 0 m v V) O W 0) O (O K) N C (n > W (n m 3 ~ -4 m - o ( m d m V O to V O Z m X 0 X 0 0;u it ;0 x n n� 0 �U) 0 0 7 O O 00 0 0 N 'O m (D V d CA O y O C V ? O m C C 5 IV y L DN L f/D d 0 . W N O O� n N O O 0) � nN a Z - N A N O� C p ? N 0 d O O O O O O' O N 7 N j N O N N w d m o m w 0) ! p W a (� m D c0 A d - 0 T �' d m a N O d � N O W N Go - D d 0 < d < 0 (0 0 0 W C �< O d(0 n m Z(° CD n om 6 �o (D m e < ID CD 3 - m o c >> c m 0 mg. CD d v N -0 .• a . a W 0 (o a N l0 N (� d 0 O 01 n d O n A N m O W � j 0) QJ fn 0 l N > > C7 a 44 p (D O W (p .0.. (OO 0) O ^m j N N w v, a (D fD 0 ..- O W C <D 0 0 <n 1.9 vj 1-0 v> _ N co (0 M 0) m W N m N O N W m N p0 Ln A A O m O W N O O to O to m O O w O m -- m m D T CD 2 ui m W Z7 (D m N O CD S �y 7 N N W d N d N C N `d< l0 N N N W N 00 vp (D W O fD W p N A N A p N v N D m W tD W O S J.... VNi my N N O t0 r O (D CD O N ! N A N 6 N ! N O (T V A N N N K T N T T T T T T N T O T N T A d X N d X m d 0 X O d X V d V X W d N X tD d N X t0 d W N d V X W d X W O ! 0) ! _ O O o" C) - O - O 6 O O O O O O (D (D o (D o O o R .77 O m m n 1 r Z G) N O N (D O N L 0 g _ D) O N m CD (D W 0 cn O m r Z 4D) O N O N N N N N ' W O N co N co N V N O) O) A W N -t oo -u r- N) z -vn U)-V0 D<000 0 W 0 xv- 0 Co (o ➢(000 O -u0 3 O n -4,< OZ 5 OZ O-�O^ c N c0-0 j O (°n �Z S N D N O,0 c N N x z O (nO O CIOi O O N O (n QT0 y OD) O OO o o ZZ W CD - v o�Z y O o �gD 0) c CD ° rr Z°)� n000 Z Do x o) -u ° ��� Dm n� D Dm T o O W �C DG�3. DAO (D D) vo y d 0 m 0 o G) (na ?' � CD Qo n 30 D0 v w D) c m c (D N (D NO °' m- DODD o3 Dc 0 o o on m Jno ao S =v5 n3 Dc y ro< o CD y 0) a 0) C-) D O a CD N n ? m � DCD c rn i � D 0 �0 ' DD om i C Op N (D N O N Q W y N N O -S 3 N W y N N CD 01 °J o 0 D c (O n A' 00 0 J c �' :E =' N G) O O 'O y CT 2: y O O c0 y N A N < O O y a) < DDT (/> W �DA O - An 3 z z C: D It <� -0 o. c (D O N N< O N O N 7 N N (D N 'O CO 0) 0 3 0 0'a 0 (D O O O y O c. N O y i` 00 dv d ?'� .0.. a) N m °CL CD 0. N d �d �D00 w < °o °A(nc w o o00 Nm W O Z N a�Z � D) O (n � v N Ohm N X 3 (D O" O O) D) N N O� O o°-o" 0 0 CD ° m cn 2 �_ 0 m a O o j m o b� y o0o icm 1 n m (D �3 D N < 0 m _w D03 v CD -U m om 3� 5 nm ° a m0 D D < �m F O(�0 it cn m o P W. o -o z m m (n y C xC o 0 0 y a) .DC -a 0 � m o m 0 0 CD �D) y m O 01 T' N z? N T O O � n 0) N y� A O c O C n n n N CD PO n (c ' m a o n ° o N Z(D CD O D o C N Z 7 0 N W N (O N N W O A (0 N en en N en co <n N <n fn CA <n en C" Fn W En co w a N co N J N A A W (00 (01) O W (O p O) W -+ cn O ? O O -4 cn A .P O) IV A O O UT z D m N D g 3 A A l T D N d CD CD N i N a N N y D j(D o CD r. 0 a a '< a �c 0 0 x CD 0 O < m y v 0 < .0-� m _< =D OC a CD m O 17 (D j'D CD _I y mO m C �° y mm O' < y .Zl : y (D l to 0 -0 m y N N O y (D CD m N ,0a D) x O � � c0 (WO ? 00 _ J A _ (0 �cv00 (i N(An W Np O O [--4 r A O tvOO tVOD m_ v qo O W A N N Ul -J O NO O (D W ANOM d W [0 O O (O J O O) N 0) J O (O AANJO A m ) JO tj O) co W ^X . W co a) O W (J N J m J m -n W W NA : N N -n -4 (n(n (n0 co W�rn <0 {ANm �.C(tO0 D T N A D) A TO) N N <o T N O N O O) O 0 O d A N Tfa X A x -+ X J O O = x N x 0 x x n T n m x tm O N O O O W O O� O O p� O � ) 0 OO 0 O m r Z 4D) O N O N U Q `v 0 N v CD CD A O N O (_ m r Cn Z 0 O N (O O N zp 0 0 o 0 0 0 is` o A 0 A 0 A 0 A W W W W co W A W N O CO co V 10) N W N fDM _0 00=0rNC) OW0 N) C) OWO D(o00 OW 0 7 CTC CT C N-0 (O V N O `Z 0) J `Z N O CD `< N 00 -a C O `� tp M n >>� 0;)L m � `O O d Z o j� O d z o 3 C() > j z o p o Cn3 m r- r- �O ° r- r- ZCD� -� O Top �O O CD Zd� D SO CD m S(1 y CD ti. D S O CD a� (n m D o o n o= D o °m C) o CL N 0 0 Dy CD N= () Dy =p Dy co coop_1 XZ Oa a �z (7a a D n r2= a cr CD qCD D- No m D. m' CD 0� o m m"' m O. Ol � � N CD o N o C11 a D CO N 7 A CTC S A W C N rn S A p 0 CD �v -p N N V N N W o N N > O �) V C CO V C oD K W CpK b 0 Q M ° o Ln CD co a n 0 0 0 0 M y N �C)0 NCO 0 A 3 L7 O� n< p 0) O CD S p K O N 0 C N CD OG m CD O C n N C) .�. G CD .n.. N CD 3 O N O 01 (D CD O Z CD 7 0 M (D Z 0 � oK N..K 0 '� � 0.. O 0 n0 o N D o� v X N 6 mm n< O p QT O 3 N ACD O X05)'' CD (7 FO O n Ole j p N >K vN jC N o 00 3' T O N Cn N (O � o 0 5 o 0 m D � W m o O (D N N ... CD N D > N 7' '; N _ ;o r 0) N 0) C N CD T. 3 o =z o. m (D CD d 0 N m 0 CD N �c S �> �> lA EA EA 69 EA V N A+ L A :4 O) N ) co - W N N CWT) (VT O CT O N D N N co O � O O O N A � W .:1 T� m G) -0 c A m m m o ' CD is 3 3 _ to a 0 _ (n v { CD w N a 01 N p ? y _a 0) T N N a) C CL N 0) CP Cn zr m W „N� A OV1 A in N c _0 Z] O �O N A CD O O A W w [T1 CO x N O n p^) N N _ x x W V O A O W W p O) O A O W (P W A CA O Nom.. OV) a, rnmmmm -+ NS �o o co W A A A O O O O O CA Co V W W co W W CA co N CO A O-0 W m co N W Cn UCm co co NAA<OA NN0w O ol co x N CO CT S CT i W j 61 (Jt JL A AW 6 W > � O j X X X co X CD x A W N ? c0 Cn 0 O n L7 N O O'D N) 'a (D co N O N O O O CD V O f7 V CD co O O O x N 0 O C O C O C O CD (D (0 o O O N d 0 >0 0 0 -+o O. CD o �o O (_ m r Cn Z 0 O N (O O N 0 C- 0 Q 0 N CD CD 0 Ut v 0 m n r Z G7 m C m z z m D r a n q 0 N O N • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 NON- COLLUSION AFFIDAVIT State of California ) ) SS. County of � FAG 4,J 5*JJAQ-Dl Y,� O being first duly sworn, deposes and sa s that he or she is of IC.h.5. �.QUtPMtv-IJT-A 'gta* makino the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of th State of a that the foregoing is true and correct. �\ K •A,G, t,7QwPM5wT k Bidder - Rt�TprL, , Ip\jG Authorized Signature/Title Q(z✓5C„ Subscribed and sworn to before me this "ITE day of Notary Public My Commission Expires: 3 .)4 -0� 11 '3ANUPrP'\( 2002. [SEAL] LYNN ASSMAN M Comm.# 1258040 A Q NOTARY PUBLIC - CALIFORNIA 2 San aemardino County MY Comm. Ezpn, Marta 24, 2004 CALIFORNIA ALL - PURPOSE Ar.KNOWLEDGMENT State of California County of San Bernardino On 90 1 02 before me, Lynn Assman, Notary Public a e — a� me andTiBe of 6 e.g..' Jane oe, o ary up'fcj Personally appeared Danielle Reinberger ame s igne s LYNN ASSMAN m Comm.0 1258040 D Q NOTARY PUBLIC- CALIFORNIA D San Bernardino County My comm. E W" March 24. 2004 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that tae /she /they, executed the same in his /her /their authorized capacity(ies), and that by his /herAli& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS m hand and official seal. i9na ureo oary u is OPTIONAL Though the information below is not required by law, it may prove valuable to persons 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: t -Aow- cou_u5l 0 Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberger ❑ Individual ® Corporate Officer Title(s): President/Secretary/Treasurer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: K.A.S. Equipment & Rental- Inc K3 Signer's Name: f�PF I DArV FF Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 DESIGNATION OF SURETIES Bidders name k/,.A ,5 - e'Quu PM 1 =ham A - RCAF -A L' I NC, Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 1 i wo- 5 — (cow q0 G -g7rq 1-7�j0 � �T NOT2�YZN f�VE�IUE, SU I � I �Z 1�N-o�Nl)C �2►ZoN� �5O2U _ 2� ��� -+�►�� fib$ DpN � Ih1SU2,4NC.E - �323� (�1a3 -781 I Boo MC Ca- -I-um L05 ANGE(,ES, cA q oo2G I N 6UQ ANC,.F, C 31 T o!-M44 >,vf K 1 N5Ur2rKJCE - (�oo� 35o -336a 19(D 6OUT44 Fitz sT7Z� —Ei Vt5�,JTuaA -, cR qi 3o c)2 12 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name K •A,S • Record Last Five (5) Full Years Current Year of Record i ne information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current 1 1 1 2 2 Year of 9 9 9 0 0 Record 9 9 9 0 0 Total Year 2002 7 8 9 0 1 No. c contrraa cts 3 � � � 5 10 q 3g Total dollar Amount of �• Contracts (ins Thousands 1� of $ QDA7. X0 of fatalities es No. of lost Workday Cases 0 No. of lost workday cases involving permanent transfer to another job or termination of employment "GIr rs� i ne information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 • Legal Business Name of Bidder PC A �5. T-QLA- 1 PMeKiT 4- Rte },.) INC, Business Address: P,0 . O C c1570 a.i r 2 O CA, 9 17(D2_ 957p Business Tel. No.: (qOQ (023-1 S I State Contractor's License No. and Classification: -75170 1 13 Title DK�t�1l�t_(_� gEIN6�i2C- aE2,FiLCS, �SEG. /IbK, The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CALIFORNIA ALL- PURPOSE State of California County of San Bern rdino On �) 2 02- before me, Lynn Assman Notary Public a ' -dame endrlle or6Aicer e.g., ` i an Doe , o ary v is ' Personally appeared Danielle Reinberoer ame s igner s ® personally known to me ❑ proved to me on the basis of satisfactory evidence LYNNASSMAN to be the person(s) whose name(&) is /are subscribed to the within instrument and acknowledged to me that he /she /they Comm.# 1258040 D executed the same in his /her /their authorized capacity(ies), Q NOTARY San Bernardino OUTItY CALIFORNIA and that b his /her /their signature(s) nature on the instrument the San Bemarcl4no County y g �} My COmm, Expires MarM 24.2004 person(s), or the entity upon behalf of which the personfs) acted, executed the instrument. WITNESS my hand and official seal. — &�t L�� igna ure o o ry u is OPTIONAL Though the information below is not required by law, it may prove valuable to persons 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 Docu Document C'.OQP, dF- Fl GI ea © 12-9 C)2 Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberoer ❑ Individual ® Corporate Officer Title(s): President/Secretary/Treasurer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: K.A.S. Equipment & Rental. Inc Number of Pages:_ Signer's ❑ individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 ACKNOWLEDGEMENT OF ADDENDA Bidders name V - R • s . J gE�'JT-A'L, INC. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: K • - 6 - . ;r2 LA-I Pith 6�T 4 V,b- 00X 65701 Ot ITF -RIO T CA ►hIG. &- oQ-Fomc Business Address: 1 1174 PI PEU t tE hV6. F 'Panno r-JA c'A ci l7(or„ C9(]9 3q7 -7017 kcc_T: �a�c Telephone and Fax Number: �Q �i� 4D'2�5- 64931 931 ( 999) (D2Q- 2311 ENL,. FA.K California State Contractor's License No. and Class:--751-70 I ` �J (REQUIRED AT TIME OF AWARD) Original Date Issued: % 13 % Expiration Date: 7131 1 2002 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: TW-W� 1Z0s (bAwhA -PQ-0315-LT M UQ I sue. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone KI I la7c.e TR-e5 , / SEC,1 2l X61 N(6TLL -34, . -Me A`JuQt -IZ_ 0+1 N O +41 k-LS, CR 9 1-709- 5D5(o Corporation organized under the laws of the State of CACU IPOR-1,.l I Pc 16 (023648( The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NoNe' All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this proposal are as follows: A. T1:-, sr14t�, ING. NONZ5 For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. I,AIPt Have you ever had a contract terminated by the owner /agency? If so, explain. Wo 17 Have yu ever failed to complete a project? If so, explain. Have you ever been terminated for cause and then had it converted to a "termination of convenience "? If so, explain. For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By you against the owner? Yes /@1 2. By the caner against you? Yes /W 3. By any outside agency or individual for labor compliance (i.e. prevailing wage, falsifying certified payrolls, etc.) 4. Yes /& 4. By Sub ontractors (Stop Notices, etc.) Yes /� 5. Are any claims or actions unresolved or outstanding? Yes /19 failure to pay If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. DclrN I �l g I� A.S. OQUIPME-KT4 Bidder IN N G . (Prin ame o or President of r or i /Co ny) Authorized SignaturefTitle Title oI I2q 1200`.2- Date Subscribed and sworn to before me this 291 ' day of is JAN UXQV , 2002. [SEAL] CALVORNIA ALL - PURPOSE State of California County of San Bernardino On o) tact oa- before me, Lynn Assman. No Public a e ame an i e o icer e.g., °7aneoe, o aF—ry FUT1ic'F—' Personally appeared Danielle Reinberger , Name (s) of Signer s LYNN ASSMAN a Comm.# 1258040 D Q NOTARY PUBLIC - CALIFORNIA San Bernardino County My Comm. rxgras March 24,20M ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the personfs), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. — A L ii ur o ary u is OPTIONAL Though the information below is not required by law, it may prove valuable to persons 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: Xvr�-Q / ID BY S) 0Qe9 -- Document Date: I 12q 1 2002 Number of Pages: Signer(s) Other Than Named Above: K� /A Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberger ❑ Individual ® Corporate Officer Title(s): President/Secretary/Treasurer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: K.A.S. Equipment & Rental. Inc Signer's ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 CONTRACT THIS AGREEMENT, entered into this _ day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and K.A.S. Equipment & Rental, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MARINERS DRIVE SPILLWAY Project Description 3390 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. 3390, 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. 20 ® • 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 forty nine thousand nine hundred eighty two and 50/100 Dollars ($49,982.50). 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 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: K.A.S. Equipment & Rental, Inc 11174 Pipeline Avenue 3' "1411-11U67 IX Pomona, CA 91766 IH)ORE�S (909) 623 -5481 (909) 629 -2311 (Fax) 0. 50,X 915170 Contractor, by executing Zin/77�R /o, C1117(01;Z- 915'/0 this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original 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 21 E 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 anytime. 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 0002 (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 0002 0287 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. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, 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, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents 23 .. 0 0 within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. 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. 6. Right to Stop Work for Non - Compliance City shall have the right to direct 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. 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 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. 24 0 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORMA: n kl"\— CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor CONTR TO By: Authorized Signature and Title T,051 SEC. ACOR ®� CERiI�i�A� ®F LIABILITY INSU C� 0210512002 DATE (MMOY) PROIiGER (805) 585 -6161 FAX (80 S -6200 Tolman & Wiker Insurance TWD Insurance Services 196 S. Fir Street Ventura, CA 93002 -1388 Attn: Irene Arenas THIS CERTIFICATE IS ISMED 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 INSURED KAS Equipment & Rental, Inc. P. O. BOX 9570 Ontario, CA 91762 INSURER A: RLI Insurance Colipany INSURER B: Clarendon America Ins. Co. NsuRERC: National Union Fire Insurance Company 'SURER D: ACE American Insurance Company INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lTR rypE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MM/D LIMITS A GENERAL LIABILITY X COMMERCIALGENERAL LIABILITY CLAIMS MADE a OCCUR LOO12502 01/05/2002 01/05/2003 EACH OCCURRENCE $ 1,000,00 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one Person) $ 5,000 PERSONAL B AOV INJURY $ 1, DOD, DD GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PET LOC PRODUCTS - COMP /OP AGG $ 1,000,0 g AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS PA10103SIS �g WAT L10/2S/2001 10/25/2002 COMBINED SINGLE LIMIT (Ea accident) S 1, 000, 00 BODILY INJURY PeS X X X BODILY URV (Pera ent) S A PROPER AMAGE Per acd q $ GARAGE LIABILITY ANY AUTO AUT ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY'. AGG E E C EXCESS LIABILITY X OCCUR F-1 CLAIMS MADE DEDUCTIBLE RETENTION $ CE9001527 01/OS/2002 01/OS/2003 EACH OCCURRENCE S 2,000,00 AGGREGATE $ 2.0 0,000 $ S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I TOCYSTATU LIMITS ER E.L. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D OTHER Equip. 100,000 Leased/Rented 0 others F12039SGBO 10/25/2001 I 10/25/2002 $13S,S00 Misc. Tools $2500 Ded. /556 on Cranes I W /S10,000 Min. DESCRIPTION OF OPERATIONS ILOCATIONSNEHIFLESIEXCL SIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Ten Day Notice of Cancellation will be given for Non - Payment of Premium. The City, its officers, officials, employees and volunteers are all named Additional Insured as respects worked performed on Project: Mariners Dr. Spillway, Contract No. 3390 KAS Project No. K041 CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION ACORD 25S (7/97) / © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL HXWOOM MAIL City of Newport Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department 3300 Newport Blvd. AUTHORIZED REPRESENTATNE Newport Beach, CA 92658 -8915 ACORD 25S (7/97) / © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this - certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (1197) iolicy CGL0012502 • ® RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED o OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. The City, its officers, officials, employees and volunteers are Additional Insured as respects worked performed on Project: Mariners Dr., Spillway, Contract No. 3390 KAS Project No. K041 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you, To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non - contributory. Section IV., Condition 4., of this policy is amended accordingly. All other Terms and Conditions of this Policy remain unchanged. CGL 216 (04/98) Page 1 of 1 02/22/0'1 14:54 FAX 805 585 8200 TOLMAN & WIKER 2002 FEB 22 2002 1045 FR 19R48. RIDING INS 213 457 7060 TO 186261 P.04iO4 NaCA26969 zas I(IMMM 6. REF pir10103515 THIS ENDORSEMENT CHANGES THE POLICY. PLEA$E REAP IT CAREFULLY. ADDITIONAL, INSURED - DESIGNATRO PERSON OR ORGANIZATION This endorsement modifies Insurance provided underthe following: BUSINESS AUTO COVERAGE FORM GARAGE COVP AGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsernen; the provlSlons of the coverage Form apply unless modified by the endorsement. SCHEDULE Name of Person or Organ zatlon: CITX oa NzwoaT asAcm puBLIC woRKS , Department, Its Officers, Officials, Employees and Volunteers Description of Operations or Services: Location: DseART== 3300 ==PORT BLVD. NMMOST 31871C8 CA 92658 Pesc(iptfon of Covered ^Autos": per schedule oa file with company IT IS FURTHER AGREED THAT SUCH INSURANCE IS AS AFFORDED BY THIS POLICY OR BY THESE POLICIES FOR THE BENEFIT OF THE ADDITIONAL INSURED(S), AND NO OTHER INSURANCE OF OF THE ADDITIONAL INSURED(S) WILL BE CALLED UPON TO CONTRIBUTE TO A LOSS. t1f no entry appears apove, Information required to camplete this endorsement will oe shown in the eclarations as applicable to this endorsement) The WHO IS AN INSURED provision under LIABILITY COVERAGE is changed to include as an "insured" the person or organization shown in tpe Schedule, but only Qh respect to liability arising out of 1. Your operations or services performed for that parson or organizatlDn at the location shown in the Schedule; or 2. The ownership, maintenance er use of the covered'autoe described in the Schedule. A person's or organization's statys as an additional insured under this endorsement ands when: 1. Your operations or eervlces performed for U>at person or organization are completed; or 2. That person's or organization's interest In the described "auto" ends. lsolse izae) Indurlas copyrighted material of Insurance Ssrvlws Office, Inc, with Its permission. Oopyright, Ineumnce Services Offce, Inc., 1964, 1996 V112 *+ TOTRL PRGE.04 ** Feb -25 -02 04:07P P.02 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 VE GOMOEN3AT.rON FEB Q 5 2682 rNSUSadNCE CDD 7 C FUND CERTIFICATE qF WORKERS' COMPENSATION INSURANCE FEBRUARY b, 2002 POLICY NUMBER: 0003547 - 01 CERTIFICATE EXPIRES: 10-1-02 CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT.BLVD ��'��� NEWPORT BEACH CA Cfz(0(023 JOB: MARINERS DRIVE SPILLWAY CONTRACT #3390 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California _ Insurance Commissioner to the employer named below for the policy period indicated. 30 This polrcy is not subject to cancellation by the Fund except uponAn days' advance written notice to the enipluyer. 30 We will also give youiT EN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance polity and does not amend, extend or after the coverage afforded by the Policies listed herein. Notwithstanding any requirement, form, or Condition of any contract or other document with respect to which this certificate bf insurance may be Issued or may pertain. -the insurance afforded by the policies doscribed herein is subject to all the terms, exclusions and conditions of such policies. A 1.1 1 HOR12FU RErncsrN 1'ArIv E. ' rRCS1OCN1 EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,000,000 PER 'OCCURRENCE..` ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/01 /01 IS ATTACHED TO AND'FOR11S A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATJON EFFECTIVE 02/06/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER KAS .EQUIPMENT 'Fr, RENTAL INC P'0 BDk 9570.' ONTARIO .. CA 91762. L_ FEB -27 -2002 WED 04;57 PM FAX N0. • CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. P. 26/38 DATE RECEIVED: DEPARTMENT /CONTACT RECEIVED FROM: &/.(/%1ai DATE COMPLETED: 0J 10A. SENT TO: _ BY: �O z� ) COMPANY /PERSON REQUIRED TO HAVE CERTIFICATE: aLlp �/ 'AV . I. GENERAL LIABILITY: A. INSURANCE COMPANY: RL I Ll Q� B. AM BEST RATING (A VII or greater): : 1X C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted is California? Yes ✓ No_ D. LIMITS: (Must be S1,000,000 or greater) What is limit provided? j / 000, 00 E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is rt included? Yes_ No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes v' No_ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes ZNo_ H. CAUTIONI (Confirm. that loss or liability of the Named insured is not limited sly by their negligence.) Does endorsement include "solely by negligence" wording? Yes_ No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY: p®� A. INSURANCE COMPANY: t �, ./.j 'W B. AM BEST RATING (A VII or greater): A IX C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is Company admitted? Yes No� D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) Wbat is limits rovided? OD E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes _ No_ P. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes_Z No_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. M. WORKERS COMPENSATION: A. INSURANCE COMPANY: I,lalfj im • J,(UJ B. AM BEST RATING (AVE of greater)_ f : X( // C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes / No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? rev.-M-ri • ® PR 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. 0. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, 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. 3390 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 1. Lump Sum Mobilization and Traffic Control FIVE rl*OU9fYNr� @ Two- HLuL,11D Dollars and 265W D Cents Per Lump Sum 2. Lump Sum Construction Zone Delineation and Erosion Control @ JWO THOU�H+vODollars and Z�-PZO Cents Per Lump Sum 3. 225 C.Y. Reconstruct Existing Slope @ F02Ty -5kZ Dollars and FI M Cents Per Cubic Yard $ 5,900. =° $ 021000, o- $ k (P. so $ IOI A410a, s0 PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Construct Colored PCC Spillway SEVEN 7710(4'54nrD @ r;r &nT- HuLrJDk97DDollars and o 2z-ac) Cents $ S 00..- 0 Per Lump Sum 5. 3 EA Construct Reinforced PCC Anchor NINE lyu.- 4DAEE-D @ Dollars and 26-P-0 Cents $ q 10• °° $ 02, `130. °O Per Each 6. Lump Sum Construct PCC Driveway Approach, And Gutter Two - 7NOU5/- "O @ FiV0 - -H-t �0/2.6717DOIIars and --O Cents $ o2r 500. °° Per Lump Sum 7. Lump Sum Install New Wooden Fencing E1i�7rfT- r/u."r )p_e- 7 @ F/F7Y Dollars and 7ZE20 Cents $ Per Lump Sum 8. Lump Sum Install Rip Rap TWO- T7f0460:fND @ 5sve+.7 huu."or&rpollars and 7 LL0 Cents $ 02, 100, o—° Per Lump Sum 9. Lump Sum Retrofit Existing Catch Basins with "Ultra Urban Filter' @ F IVE- 7N0f45"Dollars and Zr Cents $ 6� D00. °—° Per Lump Sum PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Remove and Dispose of Non - Native Plant Materials 7-Wo- 7- HWSRN0, 1V 1NE t}uNOKEp� @ FORTY Dollars and ZERO Cents Per Lump Sum 11. Lump Sum Plant Mulefat and Willow TWO - 71"OU15F+.4CI, 7FFf{,1 -e E- rfu, /02E D, @ Dollars and Zero Per Lump Sum $ a, ?go. 22 $ 913/0.22. 12. 4,000 S.F. Revegetate Existing Slope @ Dollars and N /tv7y Cents $ , 9D $ 3, 600. °= Per Square Foot 13. Lump Sum 90 -Day Plant Establishment and Maintenance On/E-7h`OU9FMVD, E /btfit 1tLln/AfLt >, @ N/t C7-1( Dollars and ZyZo Cents $ /, 89 o. °o Per Lump Sum TOTAL PRICE IN WRITTEN WORDS x0271(- N /nlE:� 7HOQ5AND ^l /n/E if(.c.rJD2r� t- le,/tTj-TwO and F1 FTY Cents OI 12q 1 2002 Date 'C909) (p23- 540 Fh C9ogD 34� -76 -7 Acr+." Bidder's Telephone and Fax Numbers —75170 ► �k 413 Bidder's License No(s) and Classification (s) $ 4/q2 98�2, 50 Total Price (Figures) 1< h, S. 5��t�PM e�3T)2 L, Bide e :INC,. = R�la_raErze,�2, Bidder's Authorized Signature and Title P2.e5ISEC, ,P,O. SOX c1570 ONTA 1(1, CPS G 1 b2- Bidder's Address � QS70 1 1174 ?(176U 1-(E Ate., }7OMoNA,Coe Q l -7fofP r 0 1 i 1 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 1 i 1 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 4 7 -10 7 -10.1 7 -10.2 7 -10.3 7 -10.4 7- 10.4.1 7 -10.5 7 -10.7 7 -15 7 -16 SECTION 9 9 -3 9 -3.1 9 -3.2 SECTION 200 200 -1 200 -1.6 SECTION 201 201 -1 201 -1.2 201 -2 201 -2.2.1 SECTION 204 204 -3 SECTION 215 215 -1 SECTION 216 216 -1 0 PUBLIC CONVENIENCE AND SAFETY Traffic and Access Storage of Equipment and Materials in Public Streets Street Closures, Detours, Barricades Public Safety Safety Orders "No Parking" Signs Notice to Residents CONTRACTOR LICENSES CONTRACTOR'S RECORDS /AS BUILT DRAWINGS MEASUREMENT AND PAYMENT PAYMENT General Partial and Final Payment PART 2--- CONSTRUCTION MATERIALS ROCK MATERIALS ROCK PRODUCTS Stone for Riprap CONCRETE, MORTAR AND RELATED MATERIALS PORTLAND CEMENT CONCRETE Concrete Specified by Class REINFORCEMENT FOR CONCRETE Reinforcing Steel LUMBER AND TREATMENT WITH PRESERVATIVES WOODEN FENCING STORM DRAIN FILTERS GENERAL PLANT MATERIALS GENERAL PART 3 - -- CONSTRUCTION METHODS 5 5 5 5 5 5 5 5 6 6 6 6 6 8 8 8 8 8 8 8 8 8 9 9 9 9 9 9 APPENDIX REVEGETATION PLAND FOR THE MARINERS DRIVE SPILLWAY COASTAL DEVELOPMENT PERMIT CALIFORNIA DEPARTMENT OF FISH AND GAME AGREEMENT SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 10 303 -5.1 Requirements 10 303 -5.1.1 General 10 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 10 308 -1 GENERAL 10 APPENDIX REVEGETATION PLAND FOR THE MARINERS DRIVE SPILLWAY COASTAL DEVELOPMENT PERMIT CALIFORNIA DEPARTMENT OF FISH AND GAME AGREEMENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MARINERS DRIVE SPILLWAY CONTRACT NO. 3390 INTRODUCTION • SP 1 OF 11 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5346 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements; (5) State of California Department of Transportation Standard Specifications, 1992 Edition (Caltrans Standard Specifications); (6) the Work Area Traffic Control Handbook (Latest Edition); (7) the Revegetation Plan by David Bramlet; (8) California Coastal Development Permit No. 5- 00 -339; and (9) California Department of Fish and Game Lake or Streambed Alteration Agreement No. 5- 102 -99. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of construction site delineation and erosion control; clear and grub; reconstruct PCC sidewalk, curb and gutter; install wooden fencing; retrofit existing catch basins with "Ultra Urban Filters "; reconstruct slope; construct colored concrete spillway; construct concrete spillway anchors; install rip -rap; slope revegetation; and 90- day plant establishment and maintenance period." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section, "The City will provide construction staking as required to construct the improvements. Any additional stakes or any `..- .. 0 SP 2 OF 11 restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. If needed, the City Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. • SP3OF11 This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The Contractor shall schedule his work in such a fashion that no consecutive alleys shall be under construction at any one time in order to minimize the inconvenience to the public." 6 -7 TIME OF COMPLETION • SP 4 OF 11 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within twenty (20) consecutive working days after the date on the "Notice to Proceed." It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), the fourth Friday in November (Day after Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 AM to 4:30 PM Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 PM to 6:30 PM on weekdays or for 8:00 AM to 6 PM on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any of the existing nearby catch basins." SP5OF11 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with this Section and the Work Area Traffic Control Handbook (WATCH) published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Contractor may store equipment and materials within the staging area shown on the Plans. No storage or staging is allowed within any area along or below the slope. All material stockpiles shall be covered when they are not being used. Additionally, the Contractor shall restore all existing improvements not designated as a part of the work to their pre- construction condition." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a street closure plan as to the extent that the street cul -de -sac will be closed. Such plan shall allow continuous driveway access for the adjacent homes and conform to the provisions of WATCH. All advanced warning sign installations shall be reflectorized and /or lighted." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including the safety of all persons and property during the performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a City provided "door hanger" construction notice to the • SP6OF11 residents adjacent to the cul -de -sac, describing the project and indicating the limits of construction. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start; what disruptions may occur; and approximately when construction will be complete. An interruption of work in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until the completion of work, the Contractor shall possess a General Engineering — "A" Contractor License. At the start of work and until completion of work, the Contractor and all subcontractors shall possess a valid business license issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for SP7OF11 the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Traffic Control: Work under this item shall include all preparation of traffic control plans and signs, the scheduling of equipment and materials, the delivery and posting of signs and notices, and all other work necessary to comply with the WATCH and other project requirements. Item No. 2 Construction Zone Delineation and Erosion Control: Work under this item shall include the temporary installation and maintenance of wetlands delineation and slope erosion control per these Specifications, the Revegetation Plan and the California Coastal Development Permit No. 5 -00 -339 for the entire work duration. Item No. 3 Reconstruct Existing Slope: Work under this item shall include all of the costs required to dispose of unsuitable debris and materials; to import and compact clean fill material; and to complete all other work items in place as shown on the Plans. Payment shall be made for the quantity of fill material compacted in place. Item No. 4 Construct Colored PCC Spillway: Work under this item shall include all of the costs of the work required to complete the integral - colored spillway in place as shown on the Plans. Item No. 5 Construct Reinforced PCC Anchor: Work under this item shall include all of the costs required to complete the integral - colored anchors in place as shown on the Plans including the excavation and disposal of materials as needed to construct the trenches required to receive the anchors. Item No. 6 Construct PCC Driveway Approach, Sidewalk, and Gutter: Work under this item shall include all of the costs to sawcut, remove and dispose of the existing improvements; construct PCC driveway approach, sidewalk, and gutter; construct minimum 12 -inch wide X 12 -inch deep AC patchback along the edge of the new gutter; and to complete all other work items in place as shown on the Plans. Item No. 7 Install New Wooden Fencing: Work under this item shall include all of the costs to reset and secure the existing wooden fencing; install new wooden fencing of same color, size, and type of existing; and to complete all other work items in place as shown on the Plans. Item No. 8 Install Rip Rap: Work under this item shall include all of the costs to remove and re -use of interfering existing native soil; compaction; furnish and install rip rap; install rip rap soil cover; and to complete all other work items in place as shown on the Plans. Item No. 9 Retrofit Existing Catch Basins with "Ultra Urban Filter ": Work under this item shall include all of the costs to retrofit the existing catch basins and to install one or SP 8 OF 11 more Ultra Urban Filter(s) per catch basin as required to intercept all of the runoff that enter the catch basins. Item No. 10 Remove and Dispose of Non - native Plant Materials: Work under this item shall include all of the costs to complete the work in place as specified by the Revegetation Plan. Item No. 11 Plant Mulefat and Willow: Work under this item shall include all of the costs to complete the work in place as specified by the Revegetation Plan. Item No. 12 Revegetate Existing Slope: Work under this item shall include all of the costs to replant the slope including imprinting or hydroseeding, complete in place as specified by the Revegetation Plan. Item No. 13 90 -Day Plant Establishment and Maintenance: Work under this item shall include all of the costs to complete the work in place as specified by the Revegetation Plan. The 5 -year monitoring specified by the Revegetation Plan will be performed by others. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS 200 -1 Rock Products 200 -1.6 Stone for Riprap. Add to this Section: "All rock shall conform with the "Light Class" requirements of Section 72 -5 of the Caltrans Standard Specifications." SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: `Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615." .. • SP 9 OF 11 SECTION 204 - -- LUMBER AND TREATMENT WITH PRESERVATIVES 204 -3 WOODEN FENCING All furnished wooden fencing shall of the same type, size, and finish as the existing. SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be prefabricated "Ultra Urban Filter" available from Asbury Environmental Services at 2100 N. Alameda Street, Compton, CA 90222, telephone number (310) 886 -3400. The filter widths shall match the curb and in- street grate widths of the catch basins. All installation hardware shall be fabricated from Type 304 stainless steel. All components shall be installed in accordance with the manufacturer's recommendations. SECTION 216 -- -PLANT MATERIALS 216 -1 GENERAL All plant materials to be installed shall be either obtained locally per the Revegetation Plan or are transplant materials collected from the work site. PART 3 SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and required by the Permits and the Revegetation Plan. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." SP 10 OF 11 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/z inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of the total solid wastes generated and the solid wastes disposed of at a sanitary landfill. The Contractor shall report said monthly tonnage to the Engineer on a form provided by the Engineer. The Contractor shall also provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk shall be opened for public use when the concrete has cured to a minimum strength of 1,500 psi. In addition, all forms shall be removed and backfill or patchback shall be placed within 72 hours following concrete placement." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "All landscaping /revegetation work shall be performed in accordance with the Revegetation Plan and per the directions of the Engineer. Special care shall be taken in collecting and reusing the top soil within the planting areas." For the convenience of contractors who wish to locate qualified landscaping companies that have experience in similar native plant restoration work, the following is a list of local companies that have completed similar scope of work. Note that the restoration work required by this project may be performed by ANY qualified landscaping contractor that may or may not be on the following list. SP 11 OF 11 • Natures Image 20381 Lake Forest Dr. Suite B -19 Lake Forest CA 92630 Phone: 949 - 454 -1225 Fax: 949 - 454 -1215 Contacts: Michelle Caruana or Grady Bannister e Habitat West 938 S. Andreasen Dr. Suite F Escondido CA 92029 Phone: 760-735-9378 Fax: 760 - 735 -9351 Contact: Gigi Hurst e Hydro Plant 356 S. Pacific St. San Marcos CA 92069 Phone: 760-744-7360 \\Mis_2001\data \USERS \PBW\Shared \Contracts\FY 01 -02 \MARINERS DRIVE SPILLWAY C- 3390 \Specifications C- 3390.doc REVEGETATION PLAN FOR THE MARINERS DRIVE SPILLWAY PROJECT Prepared for: The City of Newport Beach P.O. Box 1768 Newport Beach CA 92658 Contact: Fong Tse Prepared by: David Bramlet Consulting Biologist 1691 Mesa Dr. No. A -2 Santa Ana CA 92707 March 2001 (Revised November 2001) 1.0 INTRODUCTION 1.1 Project Description 0 The City of Newport Beach proposes to mitigate the disturbance of annual grassland habitat, and an existing erosion channel from construction of a concrete spillway at the east end of Mariners Drive. The project will consist of a poured concrete spillway 10 feet wide by 60 feet long, on an eroded slope below Mariners Drive and the location of this project is shown on the construction plan. Buried rip -rap will be placed at the bottom of the spillway in an area of 10 ft. X 10 ft. The slope in this area is heavily eroded and will have to be reconstructed with fill material, before the installation of the spillway. The entire area of slope repair will be larger than the area required for the spillway installation, approximately 40 -55 feet wide by 70 feet long. The revegetation effort along the length of the slope shall consist of establishing a perennial grassland community in this area. This will consist of seeding the area with the native, perennial purple needle grass (Nassella pulchra), along with other native forb species. The goal at the base of the slope will be to establish a alkaline meadow community. This will be done by planting saltgrass (Distichlis spicata) from container (liners) stock, and planting of container stock and cuttings of mulefat (Baccharis salicifolia), and arroyo willow (Salix lasiolepis). The planting area will be the rip -rap area at the base of the slope, the area to the north and south of the rip -rap placement, and the area of alkaline marsh disturbed by the proposed project. It had originally been proposed to plant a dense stand of mulefat and arroyo willow on the shallow soil cover of the rip - rapped area. However, this plan proposes to plant only saltgrass, and some mulefat cuttings on top of the rip -rap. Instead, the mulefat and arroyo willow container stock will be planted on either side of the rip -rap placement. The saltgrass should provide a filter layer for water running down the spillway. In addition, the mulefat and arroyo willow plantings should hold the soil at the base of the slope, and provide additional habitat for wildlife in this area. The following report will describe the existing habitats found on the project site, and detail the conceptual revegetation plan to compensate for the development of the Mariners Drive spillway project. This study will also describe the measures to maintain the site, until the establishment of the plant material installed within the mitigation area. Procedures to monitor the success of the revegetation effort and the performance criteria will also be presented. 1.3 Plant Communities The Mariners Drive spillway site is dominated by a disturbed annual grassland, and horticultural plant communities. The area just outside (east) of the project site contains a salt marsh typically found in the upper tidal zone. The distribution of these communities on the project site is found on the construction plan and the following section describes the characteristic species in each of these communities. Mariners Reveg Plan 11/15/01 1.3.1 Disturbed Annual Grassland/Bare Ground This community is generally characterized by naturalized, annual grasses and forbs. Common grass species on this site consisted of ripgut brome (Bromus diandrus), red brome (Bromus madritensis), soft chess (Bromus hordeaceus), foxtail barley (Hordeum murinum ssp. leporimmi), slender wild oat (Avena barbata), St. Augustine grass (Stenotaphrum secundatum), Bermuda grass (Cynodon dactylon) and foxtail fescue (Vulpia myuros). Characteristic forbs consisted of summer mustard (Hirscl feldia incana), red - stemmed filaree (Erodium cicutarium), bristly ox- tongue (Picris echioides), bur clover (Medicago polyniorpha), common horseweed (Conyza canadensis), tocalote (Centaurea melitensis), nettle - leaved goosefoot (Chenopodium murale), common sow thistle (Sonchus oleraceus), scarlet pimpernel (Anagallis arvensis), cheese weed (Malva parvii fora), curly dock (Rumex crispus), Italian thistle (Carduus pycnocephalus), yellow sweet clover (Melilotus indica), and common knotweed (Polygonum arenastrum). A few scattered subshrubs /shrubs were occasionally found in this habitat and these consisted of coastal goldenbush (Isocoma menziesii), coastal prickly pear (Opuntia littoralis), and a single lemonade berry (Rhos integrifolia) shrub. A single Brazilian pepper tree (Schinus terebinthifolius) is also found at the base of the slope. 1.3.2 Alkaline Meadow (Alkali meadow) The alkaline meadow is characterized by perennial, non - emergent herbs common to habitats of high alkalinity or salinity. This meadow is found at the base of the slope for the proposed project, and along a bench of habitat, approximately 3 ft. above the existing salt marsh. This meadow consists of dense stands of saltgrass (Distichlis spicata), that extend to the base of the slope. Other species found in this meadow habitat include slender wild oat, Bermuda grass, bristly ox tongue, wild radish (Raphanus sativus), ripgut brome, Saint Augustine grass, black mustard (Brassica nigra), and uncommonly alkali heath (Frankenia Salina). 1.3.3 Horticultural To the southeast of the project site there is a stand of Brazilian pepper trees with a single myoporum (Myopomin laetum) was found at this locality. Mariners Reveg Plan 10 /15 /01 2.0 REVEGETATION PLAN 2.1 Overview The purpose of the revegetation project is to establish a native grassland cover along the length of the slope, and to develop areas of alkaline meadow at the base of the slope. The project will also serve to enhance wildlife habitat in the study area by planting mulefat, and arroyo willow to create an area of riparian scrub at the base of the slope. The goal of the revegetation project is to establish native perennial grassland, alkaline meadow, and riparian scrub habitat within the revegetation site. The perennial grassland shall consist of native purple needlegrass, forbs, and some shrub species. This will develop into an established grassland community that will reduce erosion on the slope, and reduce the cover of exotic, annual grass and forb species. The meadow vegetation should consists of stands of saltgrass that will be self - sustaining, assist in the control of erosion, and have a low occurrence on non - native turf grasses or annual weedy grasses, or £orbs. The riparian scrub should develop a self - sustaining stand of riparian shrubs. The establishment of these native shrubs will enhance wildlife habitat, and reduce erosion in the study area. All of the plant species proposed for the revegetation project are native to California. The specifications for purchasing seed and container stock, should note that the material should be from the coastal Orange County region. Exceptions may be made for some material from coastal San Diego or Los Angeles (southern coastal area) Counties. All container grown material will have been inoculated with mycorrhizal fungi. 2.2 Site Preparation 2.2.1 Sensitive Habitat Avoidance The existing alkaline meadow habitat shall not be impacted by the proposed construction of the Manners Drive spillway. Prior to the commencement of construction, a barrier, such as, but not limited to, orange plastic mesh fencing (no more than 3 feet high), shall be placed between the construction area and wetlands, and other environmentally sensitive habitats (alkaline meadow). The boundaries of all off pavement work areas will also be identified by staking or fencing or other measures. These barriers and work demarcations shall be inspected by a qualified biologist, approved by the City of Newport Beach. 2.2.2 Topsoil/Sod Salvage In the uneroded portions of the slope, the upper 8 inches of soil should be removed at the start of construction and stockpiled at the top or base of the slope. This material will then be re- spread Mariners Reveg Plan 11/15/01 0 • over the slope when construction has been completed. The localities of these salvage piles shall be marked, and access by machinery on or other storage of materials will not be allowed on these stockpiles. If necessary these stockpiles will be protected from excessive wind or water erosions, through the use of tarps or other measures. Isolated patches of salt grass, considered outside of the alkaline meadow community by the project biologist, shall be salvaged at the start of the construction period. The saltgrass in these isolated areas shall be removed, temporarily stored, and replaced within this portion of the project site. To remove the saltgrass, the turf will be hand dug to six inches deep, and the grass and topsoil shall be placed into flats. These flats will be stored adjacent to the construction area, and watered at least once per week. 2.2.3 Soil Preparation Slope Following the construction of the spillway, the salvaged topsoil shall be respread over the modified slope. This material will be compacted according to the specifications within the engineering plan. The slope will be ripped along the contour of the slope to a depth of 8 inches to loosen the soil for planting. Base of Slope The saltgrass planting site over the rip -rap at the base of the slope and in saltgrass planting areas that have been compacted by the construction activities shall be modified before the site is planted. Hand or powered cultivators shall be used to loosen up and roughen the soil surface at these sites. 2.2.3 Erosion Control To control sheet flow from the slope above the project site, a 8 -10" straw wattles shall be installed at the appropriate intervals along the contour of the existing slope. These wattles shall extend from the spillway to a point approximately 5 ft. beyond the edge of disturbance on the slope contour. The wattle shall be placed in a shallow, temporary, trench along the contour, and shall be staked with wooden stakes, 4ft on center. 2.2.4 Weed Control The existing Brazilian pepper (Schinus terebinthifolius), myoporum (Myopourm laetum), and pampas grass (Cortaderia selloana) found within 125 ft. of the revegetation area, shall be removed. The large shrubs shall be removed by cutting the large shrub, and removing the material offsite to a sanitary landfill. The remaining stump shall be painted with Roundup or Rodeo. The existing pampas grass found east of the revegetation site, shall also be removed. Mariners Reveg Plan 10/15/01 • These plants shall be removed by spraying the plant with Roundup or Rodeo, or cutting the leaves and painting the stems with the approved herbicide. The plant debris shall then be placed in plastic bags and removed from the project site. Turf grasses, including Bermuda grass (Cynodon dactylon), and St. Augustine grass (Stenotaphruni secundatum) within the revegetation area shall be removed by hand, placed in plastic bags, and disposed offsite. Annual grasses and non - native annual £orbs will be removed by weed whipping or other methods from the revegetation area. The site should be hand weeded to remove these species and any dried thatch from the previous years growth of these annual weeds. 2.3 Planting Methods and Materials 2.3.1 Slope seeding procedure The proposed seeding mix for the native grassland mixture to be placed on the slope is shown in Attachment A. A land imprinter, if feasible will be used to prepare the soil, inoculate the soil with mycorrhizal inoculum, and plant the seeds. The imprinter will have a "saw- tooth" or equivalent pattern. If the slope is too steep to operate a tractor pulled imprinter, then a winch may be used to pull the imprinter up and down the slope. If the soil is too dry for effective imprinting, then the operation shall be delayed until rainfall occurs or moisture (from a water truck) can be applied to the slope. All seeding shall be conducted in the late fall early winter months. The mychorrizal inoculum shall be a VAM 80 inoculum or equivalent and applied at 50 lb (30 liters) per acre. The inoculum shall be applied using a modified imprinter, or disked into the ground at a depth of 4 inches. The site will be imprinted before the planting of any container plants. If imprinting on the site is determined to be infeasible, then seeding will be accomplished by hydroseeding the slope. If hydroseeding were performed then the seed will be mixed with 2,200 lbs per acre of virgin cellulose fiber, and 160 lbs per acre of organic soil stabilizer. The slurry will be mixed just before application, and will not be allowed to remain in the tank for more than one hour before application. 2.3.2 Sod planting procedure Following the preparation of the soil in the construction area, the saltgrass seedlings shall be planted approximately 2 inches into the existing soil. The seedlings should be scattered throughout the planting area approximately 1.5 ft apart. It is estimated that 3 -6 flats of saltgrass material would be required for this effort. Surplus material would be planted in the portion of alkaline meadow with a poor cover of saltgrass, found at the southern base of the slope within the study area. Following the planting the site will be watered Mariners Reveg Plan 11/15/01 0 2.3.2 Shrub Planting Procedures Slope • The repaired slope shall be planted with some scattered shrub material including: Species Size Total Number Mexican elderberry 1 gallon 8 Sambucus mexicana 1 gallon 5 Lemonade berry Rhus inte ri olia 1 gallon 3 Coastal prickly pear O untia littoralis Pads 60 Base of Slope The total number of shrub plantings include: Species Size Total number Mulefat (Baccharis salicifolia) 1 gallon 8 Arroyo willow (Salix lasiolepis) 1 gallon 7 The planting procedure shall include: o Plants will be placed roughly at five feet on center in the areas to the north and south of the rip -rap at the base of the slope. The plants will be arranged in a natural pattern in the field as directed by the revegetation monitor. o Planting holes will be dug with a 12 inch power auger and will be augered to a depth of four feet. The planting hole shall then be filled with water and the water shall be allowed to absorb into the ground. The planting holes will then be backfilled with native soil, excluding any large rocks. Mariners Reveg Plan 7 10/15/01 o The plant will then be removed from the container and set in the planting hole, so that the top of the root ball is one inch above the surrounding grade. o A 3" high watering basin 24" in diameter shall then be constructed around each planting. The basin will then be filled with water allowed to drain and will be refilled one more time, to saturate the soil. 2.3.3 Shrub Cuttings and Cactus pad Planting Procedures Shrub Cuttings A total of six, 3 foot long mulefat cuttings shall be planted within the rip -rap area. Plastic pipe 6" in diameter and aft long shall be in place as the rip -rap is installed. The pipes will be filled with excavated backfill, and then the pipes will be removed from the rip - rapped area. This should be linear areas of soil for the cuttings to establish. The cuttings shall be 3 ft. long and obtained from local sources, and should be obtained approximately 48 hours before planting. Cuttings should be from healthy, vigorous plants. No more than 50% of a single plant should be collected for cuttings and no more than 50% of the plants in a particular locality should be collected. The planting procedure shall include: o Approximately six mulefat cuttings will be planted in the developed `planting tubes' of soil that were placed within the rip -rap. These soil areas were developed from 6" diameter plastic pipe that was placed within the rip -rap and then filled with soil. The tubes will be naturally placed in the rip -rap area on roughly five foot on center. o Planting holes will be developed in these areas, by hand or power angering a hole two inches in diameter and 24 inches deep. The planting hole will then be filled with water. o The cutting shall be inserted into the planting hole at a depth of 18 inches. The cutting should have 3 -5 bud scars exposed above the ground. o The planting hole should then be backfilled with native soil. A planting basin three inches high and roughly 2 ft. in diameter should be developed around each planting. The basin should then be filled with water, allowed to drain, and then refilled with water. Mariners Reveg Plan 0 11/15/01 Cactus Pads E The coastal prickly pear pads will consist of an entire pad collected approximately 48 hours before planting. The pads will be obtained from local source material from health, vigorous cactus plants. The planting procedure will include: o A planting hole or trench will be at least 16 inches deep shall be prepared, filled with water and then backfilled. The pad (s) will be placed in the loose backfill 3 -4 inches deep. The planting will then be hand watered by saturating the soil around the planting, allowing it to drain, and then re- saturating the soil. Mariners Reveg Plan 0 10/15/01 • • 3.0 MAINTENANCE AND MONITORING 3.1 Maintenance Maintenance of the revegetation site will be necessary to ensure the success of the project. The maintenance program will be initiated immediately following installation of the plant material. This program will then continue for a period of five years. At the end of this period, the biological and horticultural monitoring will be evaluated to determine if the performance goals of the project have been met by the revegetation project. The following section will detail the necessary tasks for maintaining the revegetation site. 3. 1.1 Erosion Control The contractor shall repair any rills, sheet erosion, head cutting or any other erosion problems on the revegetation site. These repair measures would typically include recontouring the soil to its previous condition and rebuilding the slope as shown in the construction plan. Preventative measures shall then be developed, including redirecting, or dissipating potential sheet flows onto the project site using sandbags, silt fences, or other materials. Sheet flows may also erode the topsoil over the rip -rap at the base of the slope. Any rills or sheet erosion should be repaired in these areas and the topsoil replaced. If appropriate, the restoration monitor shall prescribe the replanting of saltgrass within the disturbed areas. Other measures such as sand bagging, or placement of large cobbles, or other measures may be used to temporarily dissipate erosive flows in the area of the plantings. 3.1.2 Debris Removal Non - organic debris will be removed from the project site. This will include trash or other debris that may be deposited on the project site. Generally, organic debris created from any weed trimming, or hand removal of annual grasses and forbs, may be left in place with approval of the revegetation monitor. However, to avoid further established of seed or other propagules, the remains of any noxious weeds, shall be removed from the project site, and disposed of in a sanitary landfill. 3.1.3 Weed Control Continual weed control should be conducted for the entire five year maintenance period. If determined necessary weeding shall be conducted at least once and if necessary twice each season. Weeds shall be removed by hand and/or by using a string weed trimmer. Weeding shall be performed before seed heads have formed on these species and/or before these species have reached 12 inches in height. Mariners Reveg Plan 11 /15/01 10 • • Annual grasses will be controlled by weed whipping or manual removal. Perennial turf grasses including Bermuda grass (Cynodon dactylon), and St. Augustine grass (Stenotaphrum secundatum) will be dug up, placed in plastic bags, and removed from the project site. Noxious weeds shall be removed by hand, placed in plastic bags, and disposed of in a sanitary landfill. Seed or flower heads should be bagged before the plant is moved to any collection site within the project area. If necessary, herbicide application maybe approved by the revegetation monitor, to remove any infestation of noxious weeds that cannot be removed by hand. The herbicide shall be a glyphosate (either Roundup or Rodeo) will be used with a brightly colored dye and applied under the supervision of a licensed pesticide applicator. A cut and spray technique will be used to apply the herbicide to the freshly cut stem of the noxious weeds to be removed from the site. Noxious weeds that may occur on the project site may include, but are not limited to: pampas grass (Cortaderia selloana), Indian tree tobacco (Nicotiana glauca), castor bean (Ricinus communis), myoporum ( Myoporum laetum), Brazilian pepper (Schinus terebinthifolius), artichoke thistle (Cynara cardunculus), Spanish sunflower (Pulicaria paludosa), Italian thistle (Carduus pycnocephalus), tocalote (Centaurea melitensis), highway iceplant (Carpobrotus edulis), Russian thistle (Salsola tragus), and sweet fennel (Foeniculum vulgare). 3.1.4 Herbivore or Passive Recreational Damage The revegetation monitor shall inspect the revegetation site for excessive damage by herbivores. If necessary fencing of the revegetation site or protective cages for individual plants may be recommended. The restoration monitor shall also note any potential problems with passive recreation within and adjacent to the revegetation. The monitor shall note the presence of unofficial trails, removal of plants, trampling, trash dumpling, and/or vandalism on the revegetation site. If problems are noted, then signage and temporary plastic fencing will be recommended to reduce damage to revegetation area. 3.1.5 Replanting/Reseeding The restoration monitor may prescribe the replanting of Mexican elderberry, lemonade berry, coastal prickly pear, mulefat, willows, or saltgrass within the revegetation site. Replanting may be necessary due to the loss of plants from erosion or herbivores. Material shall be planted at the appropriate, either fall or winter, when during times of optimal soil moisture and temperature conditions. If there are excessively open areas on the repaired slope, the restoration monitor may require reseeding of the native grass mixture in selective areas on the slope. Mariners Reveg Plan 11 10/15/01 0 3.1.6 Watering Watering of the container plants may be performed twice during the summer months, if the restoration monitor notes that watering is necessary. 3.2 Monitoring Horticultural and biological monitoring will be conducted to note potential problems on the revegetation site, and document the success of the revegetation effort. Horticultural monitoring will note the health and condition of the plants. In contrast the biological monitoring will describe the plant species and their cover on the revegetation site, along with documenting the survivability of the shrub and grass plantings on the project site. 3.2.1 Horticultural Monitoring Horticultural monitoring will be conducted to examine the revegetation site, and note any problems with weeds, erosion, other issues regarding the overall condition of the site. The monitor will also generally assess the viability of the planted shrubs and saltgrass. The monitoring consists of subjective judgement of the monitor, in supervising the horticultural maintenance of the revegetation site. The revegetation monitor shall visit the project site on a regular schedule during the five year establishment period. The monitor shall review the site and make specific recommendations concerning: weed control, watering, trash and debris removal, site protection, and the potential need for replanting the shrubs or saltgrass. The monitor will initially visit the site at least once per month. Once the plantings appear to be established and maintenance is standardized, the site examinations will be reduced to spring and fall observations. The monitor will record all of the observations from each site visit on a standardized data sheet, and will map /record the problems areas found on the revegetation site. The corrective actions will then be noted in a memo, which shall be sent to the revegetation contractor and the City of Newport Beach. Remediation of most problems will be conducted as soon as is feasible for the revegetation contractor. Any required replanting will be conducted in the fall and winter months. Maintenance recommendations and completed remedial actions will then be documented, and documented in an annual monitoring report. This report will provide a summary of the maintenance activities during the past year, recommendations for remedial actions, and the measures taken by the revegetation contractor to correct the problems noted on the project site. Mariners Reveg Plan 12 11/15/01 3.2.2 Biological Monitoring Biological monitoring shall be conducted to determine if the project has meet the performance criteria. The monitoring will evaluate the total cover of the alkali meadow and riparian scrub plantings. The survival and health of the shrub plantings will be noted and the general progress of the saltgrass planting/replanting will be noted. Finally, the overall cover of weedy species will be documented in this effort. Monitoring shall be conducted once per year to evaluate the success of the plantings of saltgrass and the two shrub species. Data forms will be developed to insure that a consistent set of information is gathered during the five year monitoring period. Annual reports shall be prepared to provide the City and the Resource Agencies with sufficient documentation on the progress of the plantings at this site. Sampling of the revegetation site shall include but not be limited to: ocular estimates of annual grass and forb cover in both the alkaline meadow, and riparian scrub planting areas; ocular estimates of the total cover of saltgrass; ocular estimate of total riparian scrub cover. The monitoring shall also count all of the existing mulefat and arroyo willow shrubs in the study area. Determine the health, i.e. alive, dead, or poor condition, of each of the shrubs planted, and document the total number of live shrub plantings. The height of representative shrub plantings shall be determined, and the number of plantings in each height category shall be counted or estimated. Line transects will be established on the two sides of the slopes. The cover, and species composition of this portion of the revegetation area will be determined by using a line transect or point sampling along the transect. The monitor shall prepare a list of all plant species observed within the revegetation site. This list can be used to document the presence of new weeds or native species that are establishing in the revegetation area. The monitoring of the site should also document the presence of any noxious weed species, problems with trampling, debris, or erosion that could affect the success of the plantings on the project site. Finally, photo points will be establishment with surveying stakes at several locations in the revegetation area. A series of photographs should be taken each year at these points, to serve as a visual record of the changes in the vegetative cover and shrub height over the five year monitoring period. Mariners Reveg Plan 10/15/01 13 ® 0 4.0 PERFORMANCE CRITERIA The performance criteria are based on the goals of the proposed revegetation project, and determinations of cover and other criteria to consider minimal establishment of the installed plant material on the revegetation site. Annual monitoring reports shall be prepared for the project, and at the end of the five year period the results will be evaluated to determine if the project has met these criteria, and can be considered established. If the site does not meet these goals, then additional monitoring and remediation measures, such as additional plantings, or maintenance will be recommended to complete the requirements of the revegetation project. 4.1 Performance Criteria These standards will be used as indicators of eventual success of the revegetation project. Remedial actions shall be recommended to meet these standards, and additional monitoring may be required to document the measures to correct these problems. Monitoring may also have to extend beyond the five year time frame, to assess if these areas have met the performance criteria. In the first year some minor erosion (rills, small gullies) and weed infestation, except for noxious weeds, will be tolerated if it appears that these problems will not affect the establishment of the plantings on the project site. A few noxious weeds may be tolerated in the first year, but there should be no noxious weeds present by the end of the second year. The revegetation monitor will determine if erosion, and/or weed infestations are a serious problem and will develop the remedial actions to correct these problems. There shall be a survival rate of at least 80% in the first year, and 75% in the second year for the Mexican elderberry, lemonade berry, mulefat and arroyo willow container stock. The mulefat cuttings and cactus plantings should have at least a 60% survival rate during the first two years. If the plantings do not meet these criteria in the first two years then the revegetation monitor shall determine if replanting of the container stock will be necessary to meet the final performance criteria for this project, and recommended remedial actions by the City of Newport Beach. The revegetated slope in the first two years should be noted as having developing stands of perennial native grasses and annual forbs. The site should not have excessive exotic grass cover, and these grasses should be trimmed each year before the plants have set seed. Cover of the native grasses should be 15% by the second year, and native forbs should reach at least 20% cover. In the first two years the saltgrass plantings should be noted to be expanding by at least 15 -20% from the original cover estimates at the time of planting. If this grass is determined not to be expanding or the planted grass is dead or dying, then the revegetation monitor will recommend remedial actions by the City of Newport Beach. Mariners Reveg Plan 14 11/15/01 The monitoring during the third year will be performed to determine if the project site has developed at lease a 50% cover of saltgrass. Dead or dying planted material and/or shrubs not at least two feet tall shall be replaced at this time. The cover of exotic grasses shall carefully be reviewed at this time, to determine if additional maintenance and/or planting/seeding of additional material will be required to reduce the overall cover of exotic annual grasses within the revegetation area. There should be no erosion problems, including rills, slumping, on the slope. All noxious weeds should have been removed from the site, and no additional seedlings should be found on the site at this sampling period. A careful review of maintenance procedures will be conducted at this time, to determine if these procedures are adequate to maintain the site to successfully establish native vegetation in the seeded/planted areas. The native grassland on the slopes will have developed at least 25% cover of native perennial grasses and 25% native forbs on the slope. There should be no bare patches or extensive areas of exotic annual grasses found on the slope. If the exotic annual grass cover exceeds 50 %, then a intensive weeding program will be required on the slope. In the fourth year sampling will be conducted to determine if the site is meeting the final performance goals. The site at this time should have achieved or at least be very close to achieving all of the performance goals established for the site. If portions of the site are not meeting the performance, then some remedial actions will be proposed to resolve the problems in plant establishment. Such measures could include the planting of native grass seedlings or saltgrass sod in some non - performing areas. If the site has meet the performance goals during this period, a final monitoring report will be sent to the Executive Director of the Coastal Commission and to the California Department of Fish and Game. A site meeting with the respective agencies would also be requested to examine the revegetation site early in the 5`h year. This meeting would evaluate the progress on the site, and determine that the revegetation effort has successfully established a perennial grassland and alkaline meadow communities. It will also confirm that the various shrub plantings have successfully established on the project site. If some minor remedial actions are determined to be necessary, then sampling will be conducted during the 5th year. This sampling will be conducted to determine that all of the performance criteria have been met on the project site. Following the completion of the annual progress report, a meeting with the agencies would be requested to confirm the success of the revegetation project. If the performance criteria have not been met by this period, then a discussion of the problems on the revegetation site, and a series of remedial actions shall be submitted to the Coastal Commission, and the California Dept. of Fish and Game. The slope area will have established a stand of native perennial grass with a least 40% cover of these grasses. Other native forbs shall comprise at least another 25% of the cover found on the slope area. The scattered shrub plantings will have a minimum survival rate of 70% and should be at least four feet tall. The cactus plantings should have a survival rate of at least 60% and Mariners Revel; Plan 10/15/01 15 0 should successfully establish a cactus stand at each of the sites where groups of pads were planted on the slope. The revegetation site will show that a saltgrass meadow has established in the planting areas, by having a saltgrass cover of saltgrass of at least 70 %. The site shall establish a stand of riparian shrub species, composed mostly of mulefat, but with some arroyo willow. The shrub stand should have at least 60% cover and a minimal survival rate of 70% of the container material planted, and 40% of the cuttings (adventive shrubs developing on the site may be considered in these survival figures). A general height of at lest four feet shall be attained for a majority of the shrub plantings on the revegetation site. There shall be no noxious weeds established within the project site, and there should be less than 10% cover of turf grass within the alkaline meadow habitat. Annual grass and forb cover within the riparian shrub area shall not exceed 50% total cover for this layer. There shall be no severe erosion problems, or areas of continuing sediment deposition within the revegetation site. 4.3 Contingency Measures If the revegetation site does not meet the performance goals, then the revegetation monitor shall develop a series of remedial measures in the annual report. These measures may include replanting dead or dying material, and/or planting additional container stock to meet the final performance standards. It may also include recommendations for increased maintenance, such as additional weeding of the site, or the potential requirement for summer watering of the planted material. The monitoring period will be extended as necessary, following any remedial actions, for an additional five year period for the affected area. An application for an amendment or new coastal development permit to implement these contingency measures shall be made to the coastal commission. If needed, the existing Stream Alteration Agreement from CDFG may also be modified to cover the implementation of these procedures. Should the revegetation project fail to meet the performance standards, and all measures to remediate these problems prove unsuccessful, then a contingency mitigation plan will be prepared by the revegetation monitor. This plan could involve conducting a noxious weed control program within Upper Newport Bay, or other measures approved by CDFG and the Coastal Commission. If a contingency plan were required it would be submitted to CDFG, and Coastal Commission for final approval. Mariners Reveg Plan IN 11/15/01 5.0 REFERENCES Blanc, M. 1996. Conceptual restoration plan and monitoring and maintenance plan for the Strawberry Farms Golf Club. Prepared for The Planning Associates, Costa Mesa, California. Bramlet, D. 2000. Biological assessment of the Mariners Drive spillway project (Project 999.5). Prepared for the City of Newport Beach. County of Orange. 1995. Habitat mitigation and monitoring proposal: Newport Coast Drive Extension, Irvine, California. Prepared by LSA Associates. City of Newport Beach. 2001. Construction plan, 999.5 Mariners Driver spillway project C- 3390. City of Newport Beach, Public Works Department. Roberts, F.M. 1998. A checklist of the vascular plants of Orange County, California. Second Edition. F.M Roberts Publications, Encinitas, California. U.S. Army Corps of Engineers and County of Orange. 2000. Upper Newport Bay ecosystem restoration feasibility study. Public draft report, Draft Environmental Impact Statement/Report. Mariners Reveg Plan 17 10/15/01 Mariners Reveg Plan 0 ATTACHMENT A NATIVE GRASSLAND SEEDING MIX In 11/15/01 a) a ri m H a) L U Q Lo0Lo Loo Lo Lo to 0 O 00 (DO Lo 0 OLq U OMO d N N N ��r0 O 0000 N N O M M(o, LoM u) J c O w m C Ue o 0 0 0 0 0 0 0 0 0 0 0 0 0 j. O N O Lo Lo00 N v CO O CO Lo N 000 �t (O 00 OOOIO 0 o 00 co (9 00 P� L O O p � O � � 810 810 a � 0 000 p 0 p 0 0 0 000 0 O O L 0 0)000)0) O LCJ SCAM M � NLON mOrOO 7 E .0 N -p 3 ai c Co h rn '—mo C U 0)0- c E N Y U � Q) c (n _0 m 0 M m (= O U 0 to m U U m L V Q LL "Om a) > N m �La N mL y Z tV C 7 N m (D '� CD- N Co c L a) O �• -0 0) d (`6 E o Q c o- zi aa))' 4-- o E o) 3 or E E mL c`o c 3 o J U cmi o c — ° —' ° a�i cu c°� o 0 o a E a m �? m(°n-c U�� f0 Q N o 0V -- (° a m y yV m0 a) Ev Co .zz, ti•s� �.E Q N v1 o m 0 O � O i'�'� m �� �d � ') N Ej O _ m Q t� o 4 O 0) O ,C m 4 .m m ma�� za m m m m� m m•c csz c Cl) m42 �,c �c�o ° o E c c 3 co E ac) m y S m a) a).m N o E h> y.- Q)).�� Q. m c c°) yE 'per y m E QMQQ m m o m ro QLIJW � c o'c rnW m c >,U' c y m m UL 42JJJJZZQL o o a) m.c.y Co STATE OF CALIFORNIA - THE RESOURCES NCY GRAY DAVIS, Govemor CALIFORNIA COASTAL Itfli ISSION South Coast Area Office Page 1 of 5 200 Oceangate, Suite 1000 ° Long Beach, CA 90802 -0302 Date: December 5, 2001 (562) 590 -5071 Permit No: 5 -00 -339 COASTAL DEVELOPMENT PERMIT On October 8, 2001, the California Coastal Commission granted to City of Newport Beach, Coastal Development Permit 5 -00 -339, subject to the attached Standard and Special Conditions, for development consisting of: Backfill and grading to restore slope to pre -storm contours and construct a 10 foot wide by 60 foot long concrete spillway with rip rap energy dissipator at the toe of the spillway; remove non - native plants and revegetate with native plants; construct depressed sidewalk with curb and gutter and wood fence to match existing adjacent fence... more specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 999 S. Mariners Drive, Newport Beach (Orange County) 117 - 661 -12. Issued on behalf of the California Coastal Commission on December 5, 2001 PETER DOUGLAS By: Executive Director Title: Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). J2/fclC� Date i re of Permittee Please sign and return one copy of this form to the Commission office at the above address. = COAISAL DEVELOPMENT PEFOIT No. 5 -00 -339 Page 2 of 5 STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: CONSTRUCTION RESPONSIBILITIES The permittee shall comply with the following construction - related requirements: (a) Construction equipment, materials, and debris shall be stored within the 'construction staging area' on Mariners Drive as depicted on the project plans dated June 26, 2001. (b) Wetlands and any other environmentally sensitive habitats shall not be impacted by the project. All plans and specifications for the project shall indicate that impacts to wetlands and environmentally sensitive habitats shall be avoided and that no impact to wetlands or other environmentally sensitive habitat is authorized by the California Coastal Commission. (c) Prior to commencement of construction, a barrier (such as but not limited to plastic mesh fencing) shall be placed between the construction areas and wetlands and environmentally sensitive habitats. Furthermore, prior to commencement of construction the off - pavement work areas, as identified in Section 1.d. of this Special Condition, shall be identified at the site using staking, fencing, or similar means. Barriers and other work area demarcations shall be inspected and approved by a qualified biologist. All barriers, staking, fencing shall be removed upon completion of construction. r; = C®d§TAL DEVELOPMENT PEOMGT No. 5 -00 -339 Page 3 of 5 (d) Off - pavement construction activity shall be confined to the areas titled "disturbed annual grassland and existing bare slope" and "existing washed out area" depicted on the project plans dated June 26, 2001. (e) No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion and dispersion; (f) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; (g) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of construction - related materials, and to contain sediment or contaminants associated with construction activity, shall be implemented prior to the on -set of such activity. BMPs and GHPs which shall be implemented include, but are not limited to: stormdrain inlets must be protected with sandbags or berms, all stockpiles must be covered, installation of proper sedimentation control measures including silt fences or anchored straw bales at the base of the slope of the Mariners Drive spillway site, and a pre- construction meeting should be held for all personnel to review procedural and BMP /GHP guidelines. All BMPs that are selected shall be maintained in a functional condition throughout the duration of the project. Construction debris and sediment shall be properly contained and secured on site with BMPs, to prevent the unintended transport of sediment and other debris into wetlands and coastal waters by wind, rain or tracking. Construction debris and sediment shall be removed from construction areas as necessary to prevent the accumulation of sediment and other debris which may be discharged into coastal waters. Debris shall be disposed at a legal disposal site outside the coastal zone. 2. REVISED PLANS A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit revised plans to the Executive Director for review and approval. The revised plans shall show the following changes to the project: 1. Revisions to Project/Site Plan (a) All impacts to wetlands habitat shall be eliminated. Construction notes shall indicate that no wetland impacts are authorized. (b) In order to minimize the visual impact of the spillway, the spillway shall be designed as follows: i. the structure will be constructed with concrete that has been colored with earth tones that are compatible with the adjacent bluff face and vegetation; ii. white and black tones will not be used; iii. the color will be maintained through -out the life of the structure; iv the structure will have a non - reflective texture to match the adjacent bluff face; v. native vegetation will be planted around the structure which will grow to obscure the spillway from view but which will not interfere with the function of the structure. (c) In order to minimize the visual impact of the proposed fence, the fence shall be designed as follows- i. The fence shall be no more than 3 feet high; COAkAL DEVELOPMENT PE�Vi9� Rio. 5 -00 -339 Page 4 of 5 ii. The fence shall be designed and constructed to maximize public views through the fence. No solid fencing is allowed. (d) The project plans shall be modified to indicate retrofit of the three catch basins shown on the project plans dated June 26, 2001, with water quality improvement devices (e.g. catch basin filters). (e) The applicant shall remove all non- native vegetation from the project site (i.e. the approximately 3,850 square foot area within the 'Limit of Offroad Disturbance' depicted on Exhibit 2, page 2 of the staff report dated September 20, 2001, and the area within 125 feet of the 'Limit of Offroad Disturbance'), including but not limited to, Brazilian pepper trees at the base of the bluff, a stand of Peruvian pepper trees and myoporum (Myoporum laetum) to the southeast of the project site, pampas grass to the northeast of the project site, and all other non - native grasses, forbs, shrubs, and trees within the area defined above. The project plans shall be modified to show this element of the project. 2. Revisions to Re- vegetation Plan (a) The re- vegetation plan shall substantially conform with Re- vegetation Plan for the Mariners Drive Spillway Project prepared by David Bramlet dated March 2001 and Revised June 2001 except that the plan shall be revised as follows: (i) The re- vegetation plan shall include re- vegetation of any areas disturbed or denuded by the proposed project including areas denuded or disturbed as a result of the non - native plant removal required by Special Condition 2.A. 1.e. above. (ii) The re- vegetation plan shall include a plant palette showing the quantity and species of plants to be planted; (iii) Plantings shall be of southern California native plants appropriate to the natural habitat type; (iv) No permanent irrigation system shall be allowed. Only temporary irrigation to help establish the landscaping shall be allowed. The period of temporary irrigation (if necessary) shall be specified (e.g. number of months); (v) The plantings established shall provide 90% cover in 90 days; and (vi) All required plantings will be maintained in good growing condition through -out the life of the project, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with the re- vegetation plan. (vii)Re- vegetated areas shall be monitored for compliance with performance criteria for a period of at least 5 years. At the conclusion of the 5 year monitoring period, the applicant shall submit a monitoring report to the Executive Director indicating whether the project has successfully met the performance criteria and provide recommendations if the success criteria have not been met. If the performance criteria have not been met after 5 years, the applicant shall apply for an amendment or new coastal development permit to implement contingency measures to ensure the success of the re- vegetation. (viii)Since no impacts to wetlands are authorized, any reference to mitigation (i.e. restoration /re- vegetation) for direct wetland impacts shall be eliminated from the re- vegetation plan. (ix) As proposed, the applicant shall re- vegetate the areas adjacent to the rip rap as described in Re- vegetation Plan for the Mariners Drive Spillway Project. No substantial changes to this portion of the proposed plan shall occur. (x) The re- vegetation plan shall be reviewed and approved by the California Department of Fish and Game prior to submittal for review and approval by the Executive Director of the Coastal Commission. r COSTAL DEVELOPMENT PAMIT No. 5 -00 -339 Page 5 of 5 The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 3. ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from flooding, erosion, landslide /slope destabilization; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 4. LEGAL INTEREST PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, written documentation demonstrating that it has the legal ability to undertake the proposed development as conditioned herein. G 1Pem tsQ2 5 -00- 339KFS:. r,p: c- of OUa «4'l'J _Lr I Vr r ion a „U 1r -:In 1 I CALIFORNIAIDEPARTIVIENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, ICaVomia 90802 1 Notification Nd.5- 102 -99 Pagel of 4 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, I Hereinafter caltied the Department, and Ed Wimmer of City of Newport Beach:3300 Newport Blvd. N?MortBeach CA 92663: 949 -644 -3325, State of California. hereinafter called the Operator, is as follows: I WHEREAS,'�Pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 24`” day of March 1999, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): Upper NewoortiBay, a tributary to the Pacific Ocean, Orange County, California. WHEREAS, th4 Department has determined that such operations may substantially adversely affect those existing Fish and wildlife resources within Qpper New orrt Bay, specifically identified as follows_ THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Oper toes work. The Operator hereby agrees to accept the following measures/conditions as part of the pr posed work. If the Opera is work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to compl� with the provisions of this Agreement and with other pertinent code sections. including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. j Nothing in th14 Agreemen! authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A c{msummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. _0 /hL /iy7: +]�: Zd b17Jb!�1 L'iti Page2 of 4 1 STIR EAMBEDiA(_TERATION CONDITIONS FOR NOTIFICATION NUMBER _5.102.99 + The followi g provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing ofltNs Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subjer;t to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2 The Operatf r proposes to alter the streambed to construct a brown concrete splllway(10 ft wide, 0.5 feet thick, q0 feet long) interspersed with rip rap for the purpose of protecting the adjacent properties from flooding during extreme storm events. This project will temporarily impact 50 ft' of stream. The project site is located below Mariners UrlvA in the City of Newport Desch. 3. The agreedIwork Includes activities associated with No. 2 above. The project area Is located in upper Newpo Bay, a tributary to the Pacific Ocean. Orange County. Specific work areas and mitigation mea ures are described on/in the plans and documents submitted by the Operator and shall be imple ented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 50 ft' of stream. All impacts are temporary. 5. The Operator shall mitigate as follows: a) Rip rap shall lbe covered with native soil and vegetated with cattails, and 1 gallon willow and mulefat containgr plants or cuttings, as appropriate for hydrology. b) Pepper treeslthat occur within 100 feet of the work area shall be removed by cutting with hand tools, painting use stumps with herbicide, and removing the debris. All mitigation sh1 �ll be Installed within 30 days of project impact and no later than December 1, 1899. 6. The Operate shalt not remove vegetation within the stream from March 15 to July 15 to avoid impacts to nesti(q birds. i. No equipmer) shall be operated in ponded or flowing areas. 8. Disturbance yr removal of vegetation shall not exceed the limits approved by the Department. The disturbed portioris of any stream channel shall be restored. Restoration shall include the revegetaiion of stripped ore osed areas with vegetation native to the area. 9. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent culverts shall belplaced at or below stream channel grade. 10. Preparation jshall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads. cat tracks. or other work trails io control erosion. i 11. Water containing mud, silt or other pollutants from aggregate, washing or other activities shall not be allowed to enter a lake or Flowing stream or placed In locations that may be subjected to high storm flows. i 12. Structures aid associated materials not designed to withstand 'nigh seasonal flows shall be removed to areei above the high water mark before such flows occur. i:t.Pi OF FISH :.I' A PAGE ©a 1o/li! -05'� Jd:L 6194n�4295 Page Z. of 4 STREAMBED';AITERATION CONDITIONS FOR NOTIFICATION NUMBER. 5- 2 -99 13. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 14. Staginglstprage areas for equipment and materials shall be located outside of the stream. 15. The OperJtor shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 18. If a stream`s low flow channel, bed or bankslake bed or banks have been altered, these: shall be returned as nearly as possible to their original configuration and width. without creating future erosion problems. 17. All plantingl shall have a minimum of 80% survival the first year and 100% survival thereafter and/or shall attain 75% cover after 3 years. If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement p&ts shall be monitored with the same survival and growth requirements for 3 years after planting. 18. All planting'shall be done between October 1 and April 30 to take advantage of the winter rainy season. 19. An annual later shall be submitted to the Department by !an. 1 of each year for 3 years after planting. This rePort shall include the surival, % cover, and height of both tree and shrub species. 20. Access to tfie work site shall be via existing roads and access ramps. 21. Spoil sites shall not be located within a streamflake, where spoil shall be washed back into a stream /lake, or where it will cover aquatic or riparian vegetation. 22. Raw cemen concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum produ ts, or any other substances which could be hazardous to aquatic life, resulting from project related altivities, shall be prevented from contaminating the soil and /or entering the waters of the state. These materals. placed within or where they may enter a streamilake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. 23. No debris, sQll, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whateder nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed', from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 24. No equipment maintanance shall be done within or near any stream channel where 'petroleum products or otherlpollutants from the equipment may enter these areas under any flow. 25. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors, Copies of the Agreement shall be readily available at work sites at all times'.during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 1 1-11 1 t Page 4 of 4 , • W - I STREAMBED!ALTERATION CONDITIONS FOR NOTIFICATION NUMBER. 5- 102.99 26. The Department reserves the right to enter the project site at any time to ensure compliance with termslconditiohs of this Agreement. 27. The Operator shall notify the Department, In writing, at least five (5) days prior to initiation of construction (,project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long Beach, CA 90E02, Attn: ES. 28. It Is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is nct required by this agreement. it is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wt�dlife protective conditions of this agreement, remain the sole responsibility of the Operator. i he Operator agrees to hold harmless the State of Ca ifcmia and the Department of Fish and Game iagainst any related claim made by any party or parties for personal injury or any other damages. 29. The Department reserves the right to suspend or cancel this Agreement for other reasons, Including but not limited to the following: a. The Departrtrert determines that the information provided by the Operator in support of the Notification/Agr1lement is incomplete or inaccurate; b. The Depaftrtient obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project qr project activities as described in the Notification /Agreement have changed, d. The conditiois affecting fish and wildlife resources change or the Department determines that project activities IwH result in a substantial adverse effect on the environment. 30. Before any spension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator Mi have seven 17) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response oerlod,ithe Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator !n writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. CONCURRENCE i (Operators name? n' (signature) (date) S? 1 DP2 uMl_ (title) California Dect of Fish and Game (signature (dot ) �z2-JON�- /u/1�✓�tS�' � (B) CM OFtJEWRU'AT9E11CH February 12, 2002 UoeCITY COUNCIL AGENDA ITEM NO. io TO: Mayor and Members i ounce FROM: Public Works Department SUBJECT: MARINERS DRIVE SPILLWAY - AWARD OF CONTRACT NO. 3390 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3390 to K.A.S. Equipment & Rental, Inc., for the Total Bid Price of $49,982.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $4,998.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 AM on January 31, 2002, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $49,982.50 $55,000.00 $69,150.00 $73,935.00 $74,525.00 $113,092.00 The low bidder's total bid amount is essentially the same as the Engineer's Estimate of $50,000. The low bidder, K.A.S. Equipment Rental, Inc., (KAS) possesses a General Classification 'W' contractor's license as required by the project specifications. KAS has satisfactorily completed similar slope repair projects for other Southern California agencies. The work provides for the following: • Rebuilding of the slope damaged by the 1997 -1998 El Nino storms • Construction of a reinforced concrete spillway below the Mariners Drive cul -de- sac with an earth -tone color (as required by the California Coastal Commission) BIDDER Low K.A.S. Equipment & Rental, Inc. 2 Beador Construction Co., Inc. 3 GCI Construction, Inc. 4 BUSO Constructors, Inc. 5 JDC, Inc. 6 Savala Construction Co., Inc. TOTAL BID AMOUNT $49,982.50 $55,000.00 $69,150.00 $73,935.00 $74,525.00 $113,092.00 The low bidder's total bid amount is essentially the same as the Engineer's Estimate of $50,000. The low bidder, K.A.S. Equipment Rental, Inc., (KAS) possesses a General Classification 'W' contractor's license as required by the project specifications. KAS has satisfactorily completed similar slope repair projects for other Southern California agencies. The work provides for the following: • Rebuilding of the slope damaged by the 1997 -1998 El Nino storms • Construction of a reinforced concrete spillway below the Mariners Drive cul -de- sac with an earth -tone color (as required by the California Coastal Commission) Subject: Mariners Drive Spill * — Award of Contract No. 3390 • February 12, 2002 Page: 2 Installation of a small quantity of rip -rap at the bottom of the spillway to serve as an energy dissipater to slow the runoffs during future extraordinary storm events Restoration of the wooden fencing along the edge of cul -de -sac sidewalk Planting of native plant species approved by various State Agencies There are sufficient funds available in the following account for the work: Account Description Miscellaneous Slope Repairs Sidewalk, Curb and Gutter Repair Storm Drain Improvements Total WORKS DEPARTMENT G. Badum. Director Fon9,,Tsk P. E. Project Manager Attachment: Project Location Map Bid Summary Account Amount Number 7014- C5100508 $47,511.75 7013- C5100020 $2,500.00 7012- C5100008 $4,968.75 V Q W m F- ix 0 a W Z LL 0 H ,a Z WC G Q a W Y V J m a 0 < O Q O � ti W 1- N U O N � ut O Y Y C w � l = m Z W O� a° U Q � J C O � LL Fn m O O O � O C i dm¢ U � w O N � Q O c Z U) Q m w U w F- t O Z 0 ti r1 iii n 9 ti bD 0) 0_ T 0 o 0 o 0 0 60000000000 0000000000 C z Z D 0 O o O d cn 6666666666 0 0 0 0 0 0 0 0 0 O Q cn O O -lO'4 0 0 N_ W O"I 0 0 0 0 u = 2 Q 00 Vi tRMf z Z N N to Ifl 1 tol 1 fR to tR ' to N t4 a N bet 'y y 0 o o) m E 0 O O W W O O M N m N � C O 7 0 0 0 0 0 0 0 0 0 0 0 0 0 N U 0 0 0 O O O O O o O 0 O O tR U f' 0 0000000000,00 C7 Z O O I 0 0 0 0 0 0 0 0 t o cn 00 O a tR O N I� V O L6 V N 00 tD O a a N 0-M N fA fR J to M fA tR tR W 64 64 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O p !a Z to O ul N C N O O n n 00 N m m O N 0 O UD Z N M O N Ln N 0 �n 0 a 0 0 0 0 0 in 0 0 0 0 0 In 0 0 0 0 0 c 0" U N a.v �-+ I� ZR N ca O M to N tfi N U9 M to N b4 a tR N 1A� J Q w � U � b4 � N 0 o O o 0 0 0 0 0 C U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 ' O N 0 O 0 m 0 O 0 O 0 O 0 o 0 c 0 o 0 o 0 o A O O Q W Z M cn b M W o o cn O O N O Z 0] NN C\i v P-: � co C\i c; io .. NN N ai � v °i n C Q Vi fR�tR bNY h964 b4 fR b4 tR to b9 N F- 00000000000000 0 0 m 0 0 0 0 0 0 0 O O O u u00o co 0mo 0 0\i 0 0) o-D m 0 0 Q N 0 W n w 0 0) m W °O , a¢ � � n N 0 h N N� 0 C\i N N N ( h lfl a bi C Q Vf b9 b9 fR 69 fA o to fR Vi b4 69 0 0 d o w o O-� cn cnwm cn co inoom o� fPr 69 m to 64 fA b4 b'i 69 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J 0 o o cn o 0 0 0 0 0 0 o m o o o-F-oo o o o 1 0 0 0 0 0 0 t 0 a0 0 0 w Z 0 0 n o o n 0 0 0 m 0 Q 0 " N C N wW t� m � n N w N N omm N N N 000 ro0 'J Y W to Vi 2 tR a 69 V3 to tR tR N F- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 p 0 Vi Z tR tR^ O O O O O 0 0 0 0 O p 0 Qor a o co0ocvmm0i.ncnomO U~ o 0 0 o o 0 0 0 0 0 2 .+ 0 N r O � 6 N O O 6 N o 0 Q kA tR N Vi fR 69 0 m k9 O to b9 tR CT w 0 V o F- S O O tR t0 W In O O 64 W N 00 i C4 0 o o 0 o o 0 0 0 0 0 cn o to 0 0 0 0 0 0 0 0 0 0 0 N 0 = O to 0 0 0 0 0 0 0 0 O Z O n w O cn 000000 J U NiOw W � O n� O m N m m 0 u1 cn cn ~ Z n N fA tR tR tR to b4 W rn J N} J U (n J Q LL1 M J cn J V] J M J M J w J LL cn N J } F- a ~ Z in C O N N.+m- .+,ti .r ti.v �.y ii iz a ;� u N c d c g O o ut J m d C C G N � O w � m a m d o Z 0-6 c Q `o t c ? N C o 3¢ (? c m W O ip w 'a U s c 3 o 0 o y U d n o M U �� Z F 6¢ 0 3 c U c N y c y .N p CL o r N N U N n N N U F c a Z N °' m o 3 c C y U a cin N W m o o c L) a 00 c o 3 c o._ u @ N Vi W N O O c U a U_ y N C N N W W O j 10 c O a O U m w 4 U A d d C U .. U m N O O N« 0 0 00 10 K a m C C U K U U cc N M m a a X0 00) m� ti ti M F- W- N M i� '01- W m O '+ IN IM F 9 ti bD 0) 0_ T 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c O O O O O O o 0 O O O 0 O Q m O O 0 0 0 0 0 0 0 N 0 0 0 z Z O O W m O a N a 0 o o) m E 0 O O W W O O M N m N t0 M 7 0 0 p Q in M a �r N In � N N M�� ti UO � ER kA in .� to b4 to tR tq M c Q ^� o U J Tn 0 0 0 0 0 0 0 0 0 0 0 m O C O O O O O O O O O O O 1 O !a Z to O ul N C N O O n n 00 N m m O N a tD N m V a fA O OF-- S �0 w U b4 0 o O o 0 0 0 0 0 0 0 0 0 0 F- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z O O ut O O O O O O O O O O ry 0 O O N O O O 0 0 0 0 0 0 0 n pLOcn am fl! Cnc v '+ co of ai io .. moomoo i a ai � v °i n C Q Vi fR�tR h964 b4 fR b4 tR to �fR p 0 0 0 0 0 0 0 0 0 0 0 0 0 -, 00000000000 o 0 0 n 0 0 0 0 0 0 0 0 ( 0= 2 0 o n o 0 0 0 0 0 0 o w o O-� cn cnwm cn co inoom o� fPr 69 m to 64 fA b4 b'i 69 m"� to m 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 o o o o o o o c - z Z o O M 0 0 0 0 0 0 0 0 0 0 M n o o n 0 0 0 0 0 0 0 0 �O M Qoomi°aIn 000 mc mwm ° 2 co a '-i n m N N m u Q lR 69 .Ni N 69 fR MtR Vi to tR tR^ N ° o 0 0 0 0 0 0 0 0 0 0 a o U~ o 0 0 o o 0 0 0 0 0 o m 0 O O O to O O O O O o 0 0 0 0 S M Z 0 0 m O O O O O o 0 0 V o F- S O O tR t0 W In O O m W N 00 i C4 m �� N fA 69 to W�bN9 to ER tR M N} M nmMMMmLLn } J J U C/) J F- ~ Z n O � N a C N O U ii iz a ;� u c d c g o J m d C c d � C w � m a d Z 0-6 c Q `o t ? N C o 3¢ (? c m W O ip w 'a U s c 3 o o y U d n o M U �� Z 3 n E U° c N U 0_ y .N p o o r N p F c a v N m o 3 c cin N W m o o c L) a 00 c o 3 c o._ u U_ V U v W O j 10 R d C U .. U m U¢ U L) c c K a m W .ti N M a u7 � n W m� ti ti M F- cn LLJ w z 9 • �z CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Mariners Drive Spillway Project (Contract No. 3390) 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, cddo -� i?.A"" LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CI'PY OF NEWPORT PEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Buso Constructors, Inc. 14700 Firestone Boulevard, Suite 103 La Mirada, CA 90638 Gentlemen: Thank you for your courtesy in submitting a bid for the Mariners Drive Spillway Project (Contract No. 3390) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORTSEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 JDC, Inc. P.O. Box 3448 Rancho Cucamonga, CA 91729 -3448 Gentlemen: Thank you for your courtesy in submitting a bid for the Mariners Drive Spillway Project (Contract No. 3390) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORTIEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Savala Construction Company, Inc. 16402 E. Construction Circle Irvine, CA 92606 -4408 Gentlemen: Thank you for your courtesy in submitting a bid for the Mariners Drive Spillway Project (Contract No. 3390) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, laVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach C11Y OF NEWPORTIEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Beador Construction Company, Inc. P.O. Box 1 Corona del Mar, CA 92625 Gentlemen: Thank you for your courtesy in submitting a bid for the Mariners Drive Spillway Project (Contract No. 3390) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach