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C-3517(C) - Morning Canyon Channel Stabilization
v - + ® 0 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC July 27, 2007 Sunquest General Engineering, Inc. 16128 Fruitvale Road Valley Center, CA 92082 Subject: Morning Canyon Channel Stabilization (C -3517) To Whom It May Concern: On June 27, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 4, 2006. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 234171. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Robert Stein, P.E. 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 PREMIUM IS FOR THE CONTRACrTERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACCPRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING-9 ANYON CHANNEL STABILIZATION Premium: $16,930.00 CONTRACT NO. 3517 Executed in Four Originals BONA NO. 234171 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Sunquest General Engineering, Inc., hereinafter designated as the "Principal ", a contract for construction of MORNING CANYON CHANNEL STABILIZATION, Contract No. 3517 in the Cty 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. 3517 and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Compay , 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 Seven Hundred Ninety-Six Thousand, Four Hundred Seventy -Eight and 501100 Dollars ($796,478.50) lawful money of the United States of America, said sum being equal to 1000/0 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 at) the work, revenants, 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 speed in this Bond; otherwise this obligation shall become null and void. " $30.00 per thousand for the first $100,000.00 $20.00 per thousand thereafter a 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (t) 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 26th day of September , 20006 Sunquest General Engineering, Inc. Sunquest General Engineering (Principal) American Contractors indemnity Company Name of Surety 9841 Airport Blvd., 9th Floor, Los Angeles CA 90045 Address of Surety 310 -649 -0990 Telephone Mark Richardson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSE•.KNOWLEDGMENT State of California County of Orange On September 27. 2005 before me Stephanie Pham, Notary Public DATE NAME, TITLE OF OFFICER personally appeared Ron Bender NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ STEPHANIE PHAM - COMM. # 13x34040 � Z ff Notary PubliaCailfornid �yOrPublCC.ajif, , NMOVEMBEFE9 2006 Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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.. CAPACITY CLAIMED BY SIGNER Signer's Name: • INDIVIDUAL • CORPORATE OFFICER TITLE(S) • PARTNER(S) - ❑ LIMITED ❑ GENERAL • ATTORNEY -IN- FACT • TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE 'CAL`IFORNIA ALL- PURPOSEI State of California County of Orange On � ivv`�a� -D�, ?-5-0 S.before me Stephanie Pham, Notary Public DATE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) EI personally known to me - OR - ❑ Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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.. CAPACITY CLAIMED BY SIGNER Signer's Name: • INDIVIDUAL • CORPORATE OFFICER TITLE(S) • PARTNER(S) - ❑ LIMITED ❑ GENERAL • ATTORNEY -IN- FACT • TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE NER(S) OTHER THAN NAMED ABOVE CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 September 12, 2006 TO: I HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 -644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: MORNING CANYON STABILIZATION — ADDITIONAL FUNDING REQUIRED FOR COMPLETION OF CONTRACT NO. 3517 RECOMMENDATIONS: Approve a Budget Amendment in the amount of $96,556 from the unappropriated General Fund Reserves for work completed to Account 7014- C5100805. DISCUSSION: On September 13, 2005, the City Council authorized the award of the Morning Canyon Stabilization contract to Sunquest General Engineering. The first phase of the project was the stabilization of the canyon slopes by constructing seven rock - filled gabion grade control structures, a rock - filled gabion bank protection structure, placing fill, grouted rock riprap, storm drain extensions, and fencing in order to bring the canyon into readiness to accept storm water flows. A portion of the Phase 1 improvements were funded by private contributions estimated at $271,265. The second phase of the work completed included slope backfill, planting of various California native shrubs and trees, and hydroseeding. At its June 27, 2006 meeting, the City Council accepted the work associated with Contract No. 3517 for the Morning Canyon Stabilization project. The contractor is due payment for work completed for plant maintenance and its retention and the Irvine Company is due reimbursement for costs related to the repair of a cart path that was damaged during construction. The fund is short by $96,556. At the time the notice of completion was prepared by staff, no allowance was made for surplus private contributions that needed to be returned, and therefore, it appeared that sufficient funds were available to make final payment to the contractor. Following the Council's action on June 27th, monies were returned to the private contributors for cost savings pertaining to specific tasks completed adjacent to two residences. Also, staff just approved a claim from the Irvine Company to repair a cart path, V -ditch and curbing that was impacted by the construction project. Since unencumbered CIP funds budgeted for this project were returned to the General Fund at the close of the fiscal year ending June 30, 2006, additional funding is now required to complete this contract. M& Canyon Stabilization - Additional Funding Requia Completion of Contract No. 3517 September 12, 2006 Page 2 A summary of the contract cost is as follows: Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15333 pertaining to small habitat restoration projects. A Notice of Exemption was filed with the County Clerk on June 6, 2005. Fundinci Availability: Upon approval of the attached budget amendment, funds will be expended from the following accounts for the project: Account Description General Fund Private Contributions Prepared by: Robert Stein, P.E. Project Manager Account Number 7014- C5100805 7251- C5100805 Total: Submitted by: Amount $681,808.63 $188,573.00 $870,381.63 Works Director Private Contribution General Fund Total Original bid amount $271,265.00 $585,253.50 $856,518.50 Actual bid items constructed $188,573.00 $599,890.00 $788,463.00 Total change orders $ 41,543.63 $ 41,543.63 Final contract cost: $188,573.00 $641,433.63 $830,006.63 Damage repair costs: $ 40,375.00 $ 40,375.00 Total costs: $188,573.00 $681,808.63 $870,381.63 Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15333 pertaining to small habitat restoration projects. A Notice of Exemption was filed with the County Clerk on June 6, 2005. Fundinci Availability: Upon approval of the attached budget amendment, funds will be expended from the following accounts for the project: Account Description General Fund Private Contributions Prepared by: Robert Stein, P.E. Project Manager Account Number 7014- C5100805 7251- C5100805 Total: Submitted by: Amount $681,808.63 $188,573.00 $870,381.63 Works Director CW of Newpod Beach* NO. BA- 07BA -015 BUDGET AMENDMENT 2006 -07 AMOUNT: 596,556.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance P1 Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund Balance for additional funding required to complete the contract for the Morning Canyon Stabilization. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (360 1) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: �//uo (•� *-� Financial Approval: Admini rative Services Director Signed: Qf Administrative roval: City Manager Amount Debit Credit $96,556.00 " `. Aulom fic $96,556.00 P -S -Oro Date of ate Signed: City Council Approval: City Clerk Date Description Division Number 7014 General Fund - Misc & Studies Account Number C5106805 Morning Canyon Stabilization Division Number Account Number . Division Number Account Number Division Number Account Number Division Number Account Number Signed: �//uo (•� *-� Financial Approval: Admini rative Services Director Signed: Qf Administrative roval: City Manager Amount Debit Credit $96,556.00 " `. Aulom fic $96,556.00 P -S -Oro Date of ate Signed: City Council Approval: City Clerk Date 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 4, 2006 Sunquest General Engineering, Inc. 16128 Fruitvale Road Valley Center, CA 92082 Subject. Morning Canyon Channel Stabilization (C -3517) To Whom It May Concern: On June 27, 2006, 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 30, 2006, Reference No. 2006000440693. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 234171. Enclosed is the Labor & Materials Payment Bond. Sincerely, A, �"M - 4-'rl" LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us •1 2t • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Fn me� Premium listed on Performance Bond Executed in Four Originals CONTRACT NO. 3517 BOND NO. 234171 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Sunquest General Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of MORNING CANYON CHANNEL STABILIZATION, Contract No. 3517 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. 3517 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principals 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, American Contractors Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Ninety -six Thousand, Four Hundred Seventy -Eight and 501100 Dollars ($798,478.50) 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 wetland 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 tiny 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 Califomia. leN CALI State of California County of Orange NT On �pn�� 2 mt S before me Stephanie Pham, Notary Public DATE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ yf1 .i. • e • Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. CAPACITY CLAIMED BY SIGNER Signer's Name: 0 INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN- FACT • TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE fEljjl f �LLFI ;4i :u T American Contxart�s Indeml� ny III{ �g r an M ' = Blv o eles, ��ni�a5 ir6 1litui,l .. - POWER OF ATT Y KNOW ALLM�N$YPRESi siw �ii, f _- '� __ ' iieri dm> njty Cmripfffy o6 tate of California, a California corporation, does hereby appoint, Mark liichardson or Eric Lowey of Costa Mesa, California a, its true and lawful Attoi(sm -Pact _ _aim executf - s, and i Ces an er contracts �.'yi ,.o I'i demnity�tsliltfory in — s ° issued ire ou sr a of its business and to bind the Company thereby, in an Attorney shall expire without further action on Marl h— This Power of Attorney is i sl died and i ! nder L e t tbf th �ti u n adopted-Fiy g ors o �ITRAC i� CO t a meeting duly called and held on the 6b day of s "RESOLVED that the Chief Executive O91cer, President or any Vice President; Executive . ciwsfa ,srsu+nf Sew —power arrd authority s l( ` -in Ala . m to es n- o Cop pony, and attach the seal of the Compairy in iJn this JF day of December 2043, hefoi =me, Debo §o ubhc _ d. Robe m lie Executive an Con tie mpany i-- pt llgknown tote the individual and officer described herein, and d d the exe _ Astrumeut and affixed the seal of said corporation thereto by authority of hi�sl office. �ISS my hand and - official -seal t•� A " g 651 � u g ofl` — t�NGomin. 1 7 Commission expires Iviarch 18:2007 a I teanme.:Kin� Corporatep ilerican ty Cott f etify, orney and the by tli� �_ of sai n ° Arth above,'are true an correct transcripts thereof gad at neither ttomeyjt6tate reso utiott have been revoked and they are now n foil foix sa iN W WITNESS EJEWD here a ` Fr . 26 ni mi `I �l [ — BondNo. 234171 hJeann J ecMary= P 0018 itr. I��tGa It .- ieros — � r American Contractors Indemnity Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION To verify the validity of this Bond or to assert a claim, call the Surety's toll free telephone number or write to the Surety: American Contractors Indemnity Company 9841 Airport Blvd., 9° Floor Los Angeles, CA 90045 800- 486 -6695 Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: American Contractors Indemnity Company, U. S. Specialty Insurance Company, and any other company for which surety business is underwritten ("Issuing Sureties "). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins and Fungi Notwithstanding anything to the contrary in the contract referred to and/or incorporated into the Bond, the Rnnd to which this Rider is attanher! does not provide roverage for, and the Issuing Sureties thereon shall not be liable for: molds, living or dead fungi, bacteria, allergens, environmental contaminants, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Recorded in official Records, orange county RECORDING REO WHEN RECORDE TO: Tom Daly, Clerk- Recorder IV illllfllNllllllillllillll�fll{I III{ f1 111llllll {iillll{Illllllll{61fiIINO FEE City Clerk rob JUL 10 A9 :46 2006000440693 09'43am 06130106 City of Newport Beach 116 96 N12 1 3300 Newport 132y,0 rd 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Newport Beach, HE CITY CLERK WPORT REACH "Exempt from recording fees kT pursuant to Government Code Section 27383" � NC NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sunquest General Engineering, Inc., of Valley Center, California, as Contractor, entered into a Contract on September 13, 2005. Said Contract set forth certain improvements, as follows: Morning Canyon Stabilization (C -3517) Work on said Contract was completed on April 20. 2006, and was found to be acceptable on .tune 27. 2006, by the City. Council. Title to said property is vested -in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. BY XL "e(M &%kn Irs Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �[nt2 a� 0 . D OO �o at Newport Beach, California. 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 28, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3558 & C -3517) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely,. LaVonne M. Harkless, MMC City Clerk 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 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 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sunquest General Engineering, Inc., of Valley Center, California, as Contractor, entered into a Contract on September 13, 2005. Said Contract set forth certain improvements, as follows: Morning Canyon Stabilization (C -3517) Work on said Contract was completed on April 20, 2006, and was found to be acceptable on.,lune27.2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. BY Q a e( n &kwm 4�. 4&6 j Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �rirt2 o? p , DOO (O at Newport Beach, California. /'"tea PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT EASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILg TION Premium: $16,930.00 CONTRACT NO. 3517 Executed in Four Originals BOND NO. 234171 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $16,930.00 being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Sunquest General Engineering, Inc., hereinafter designated as the "Principal ", a contract for construction of MORNING CANYON CHANNEL STABILIZATION, Contract No. 3517 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. 3517 and the teens thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Compay duly authorized to transact husky s 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 Seven Hundred Ninety -Six Thousand, Four Hundred Seventy-Eight and 50 /100 Dollars ($796,478.50) 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 Qty 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 speed in this Bond; otherwise this obligation shall become null and void. * $30.00 per thousand for the first $100,000.00 $20.00 per thousand thereafter • 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of September 2P4�7 Sunquest General Engineering, Inc. Sunquest General Engineering (Principal) American Contractors indemnity Company Name of Surety 9841 Airport Blvd., 9th Floor, Los Angeles CA 90045 Address of Surety 310 - 649 -0990 Telephone Mark Richardson, Attorney -in -Fact Print Name and Title u NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ,LIFORNIA ALL- PURPOSEGIKNOWLEDGMENT State of California County of Orange On September 27. 2005 before me Stephanie Pham, Notary Public DATE NAME,, TITLE OF OFFICER personally appeared Ron Bender © personally known to me - OR - ❑ STEP""NIF PRAM •-' COMM.111384040 Notary Publio•Caliiornia yOrInge Councy, .. _ NOVEMBER 9 2006 Place Notary Seal Above NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNFtSS a y%nd ap(d )offi0l seal. Notary 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.. CAPACITY CLAIMED BY SIGNER Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN- FACT ❑ TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL- PURPOSEWKNOWLEDGMENT W State of California County of ��Orange On � 2--5D 7 before me Stephanie Pham, Notary Public DATE NAME, TITLE OF OFFICER personally appeared 0 personally known to me - OR - ❑ r - . Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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.. CAPACITY CLAIMED BY SIGNER Signer's Name: • INDIVIDUAL • CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL RI ATTORNEY -IN- FACT • TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 'L -35tir7 Agenda Item No. 16 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department R.Gunther, P.E. 949 -644 -3311 or rgunther @city.newport- beach.ca.us SUBJECT: MORNING CANYON STABILIZATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3517 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one (1) year after Council acceptance. DISCUSSION: On September 13, 2005, the City Council authorized the award of the Morning Canyon Stabilization contract to Sunquest General Engineering. The first phase of the project was the stabilization of the canyon slopes by constructing seven rock - filled gabion grade control structures, a rock - filled gabion bank protection structure, placing fill, grouted rock riprap, storm drain extensions, and fencing in order to bring the canyon into readiness to accept storm water flows. The second phase of the work completed included slope backfill, planting of various California native shrubs and trees, and hydroseeding. The plant establishment is complete and contractor plant maintenance will be finished prior to the retention release. 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: $796,518.50 Actual amount of bid items constructed: $738,463.00 Total amount of change orders: $ 41,543.63 Final contract cost: $780,006.63 Morning Canyon stabilization - Completion aweptance of Contract No. 3517 June 27, 2006 Page 2 Five change orders totaling $41;543.63 were issued for the project and provided for a temporary fence, road stabilization rock, access road repair with sandbags, access road repair with rock, and landscape additions. The final overall construction cost, including Change Orders, was 2 percent under the original bid amount. Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15333 pertaining to small habitat restoration projects. A Notice of Exemption was filed with the County Clerk on June 6, 2005. Funding Availability: Funds were expended from the following accounts for the project: Account Description Account Number Amount General Fund 7014- C5100805 $591,433.63 Private Contributions 7251- C5100805 $188,573.00 Total: $780,006.63 The original contract completion date was December 14, 2005. The majority of the work was completed prior to the heavy rains in January, 2006. However, due to the extension of the rainy season into late Spring, the completion date for the remaining work was delayed to April 20, 2006. All work was substantially complete by the extended date. Prepared by: R. Gunther, P.E. Construction Engineer Submitted Works Director 10 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 2 p.m. on the 30t' day of August, 2005, at which time such bids shall be opened and read for MORNING CANYON CHANNEL STABILIZATION Title of Project Contract No. 3517 $810,000 Engineer's Estimate PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.city.newport beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Pre -Qualified bidders may obtain one set of bid documents 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 Robert Stein, Project Manager at (949) 644-3322 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 NON - COLLUSION AFFIDAVIT .......................................................... ..............................7 DESIGNATION OF SURETIES ......................................................... ..............................8 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL .... 9 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................11 INFORMATON REQUIRED OF BIDDER ......................................... .............................12 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................15 CONTRACT..................................................................................... .............................16 LABOR AND MATERIALS BOND .................................................... .............................22 FAITHFUL PERFORMANCE BOND ................................................ .............................24 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 INSTRUCTIONS TO BIDDERS Only pre - qualified contractors may bid on this project. 2. 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 ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 3. Because this project is constructed in a flood plain, it is the intent of the City to award this project on September 13, 2005 and to issue a Notice to Proceed by October 3, 2005 so that the project can be constructed prior to the rainy season. The Contractor shall have ten (10) working days after recieving the Notification of Award to complete all requirements set forth in the Notice to Successful Bidders so that a Notice to Proceed can be issued no later than October 3, 2005. 4. Preliminary drawings and specifications are being made available to pre - qualified contractors on August 10, 2005. Final drawings and specifications will be issued on August 15, 2005. 5. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 6. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 7. 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. 8. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 9. 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. 10. 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. 11. Pursuant to applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Contract shall be paid to all workmen employed on the work to be done according to the Contract by the Contractor and any Subcontractor. 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 by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. A copy of said determinations shall be posted at the project site by the Contractor. It shall be the sole obligation of the Contractor or any Subcontractor under the Contractor to comply with all State of California labor laws, rules and regulations and the City shall not be liable for any violation thereof. 12. 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". 13. 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. Contractor's License No. & Classification 7 e --17Z 6PIVe-l';W Bidder Authorized Signature/Title Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MORNING CANYON CHANNEL STABILIZATION, Contract No. 3517 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 execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification 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 day of , 2005. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CiTY OF N5WPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT X10. 3517 Bond No.: 234046-2 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 df Newport Beach, a charter city, in the principal sura of (10%) Ten percent of the attached bid amount not to exceed Eighty Eight Thousand & 00/100 Dollars ($ 88,000.00 ), to be paid and fbrreited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction, of MORNING CANYON CHANNEL STABILIZATION, Contract No. 3517 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 execute the Contract Documents in the form(s) prescrfbed, including the .required .bonds,, and original insurance certificates',and, endorsements for the construction of the project within thirty (30) calendar days after the date;of the mailing of "Notification 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 26th Sunquest General Engineering, Inc. Name of Contractor (principal) American Contractors Indemnity Company Name of Surety day of August 2p Authorized Sig atureffitle Aut ur_ 9841 Airport Blvd., 9th Floor, Los Angeles 90045 Address of Surety 310-649-0990 Telephone Mark Richardson, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE. ,KNOWLEDGMENT State of California County of Orange On - (,DATE personally appeared TjnS before me Stephanie Pham, Notary Public 0 i! --s—NAME, TITI-EnOF OFFICER NAME(S) OF SIGNER(S) ❑ personally known to me - OR - �f proved to me on the basis of satisfactory evidence STEPHANIEPRAM COMM. # 1384040 (�$ �- Notary Public- c alifor nia Orange County MComm. Expires N&EMBE 006 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESP my lend and Aici ignat�re ofq'otary 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.. CAPACITY CLAIMED BY SIGNER Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN- FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE, .KNOWLEDGMENT State of California County of Orange On before me Stephanie Pham, Notary Public DA NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ :.. STEPHANIE P H A M COMM• # 1384040 (jy J Notary PubIio-California7 Orange County Myy Comm. Expires 1 NZJEMBER 9 2006 Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIThQESS K hand indloffi/Cial seal. Si4nature �f 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.. CAPACITY CLAIMED BY SIGNER Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL Q ATTORNEY -IN- FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE III IIIIIII,I II ors ft"ififffompan y ."eric 9841 Airport Blvd., 9" Floor Los Angeles, California 90045 R �Q— l BY TMMP fiatAmericanContractors Indemnity Cqmpan -State of Califomia, a ifornia corgi M-0ha qb by apA*Qff Z y ofthe Cal pp Bark) MMAIMaiiii d lawfuIMaiiiiLowey of Cosh 0 Mesa, Califormia� true W -M orney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recogri#;mUsand. othe"omiaet§L — — of indemnity and writings obligatory in the nature thereof, issued in the course_ lbirss, and tikbjh��� therdWftiaw Amount not to exceeds *******1W0,000.00*1*******This PoAMMi OftiMM expire �tfthfffffthepaction dfiWdrd! 7777-77 the Board of Directors of AMER a ft— ME — (—FWW— komey Msgraritted and is signed and sealed by facsimile under and by the authoKLW of-thehilowing S,11 ''of AMERICAN CONTRACTORS INDENMTY CO rM NVANY December, 1990. "RESOLVEDExecutivejhatthl ChiefgcutiveMViceMsid6W L—Warlive Vice President, Secretary or AssistankSwill 11 haiQ19MM "Ower and l�! ;'VIII Illllip pllllllll� ll Jjf Attoillkv��actz[rzd M guthorize thi to, eke ute:onil-behWq)Wal of the Company thereto, EbfiodW WNW attach the se I,rt�Ihdemnity and ot writings obligatory in the nature thereof and,(IIIIIII (III !'p VIII ,�lundel%� T 2. To remove, at any time, any such Attorney -in -Fact and revoke thea-ytharity�iveu. III[q! RESOLVED FURTHER, that the signatures M- seal vqje affixeWo ilWQM�M —uMPVWer of Attorney or certificate W ftftoV —aaftereto by.facsimile, ,an4 an�'such Pow9R4rJQ(qFeMA1MKfcate bMinjiMsuchracAtmile signatures or facsimile seal shall be valid and binding. urn MTo ny an suc r so executed and certified by facsimile signatures and facsimile seal shall be valid and binding, Ton the Compal mpa any : h:po;�� to the with respect to any bond or undertaking to which,' dILIIi. .I III IIIIII IN WITNESS -WHEREOF, MriffiriftllllCatramrs IIII�ffl causi 61% axe hereto and executed by its Chief II !i.111 i�� th Inde4,1110111''11 Execlujiveff0giclucatheI5 cep 2003. By: Robert F. rnas,i Chief COMEN9M Wr190 —My� of Decerni6ler 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thoma&-_---Cbkf ExIm-Au've M Officer of American Contractors Indemnity Company, to me personally known to be tk Wfflffiidua ifficer OffMidlihi- md acknowledged that he exec ted the fore going4rignment and affix&ft�l seal of said corporiftiMM—lammolll foritv dM- i�eo �l s DEBORM REESE Illllllairseal ; LA e tfl_ ITI -01 � Ani XM e Signature of Notary al 1 fflt"lns M*n expires March 118,,2007 my comm. Expires Mar 18, 2007 110346imiblMim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Powerof Attomm MaMIRL resolution adopted by the Board of Directors of said Company as set forth aho%--mr-- tnm gm& orrect4raftsffifi% ffieb�pdftnd t the said Power of Attome3ooT.thexesolution have been revoked and they ard-MO—M- IWIMmim d effedff II I I III � t1f, REOlqMbMiff1JMet my an day of hl' d this 12 61 August 200 Bond No. 2340146 -orate ecretary MMency No." #3018 . ... .. Rev. POAl2/15/03 0 0 American Contractors Indemnity Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION To verify the validity of this Bond or to assert a claim, call the Surety's toll free telephone number or write to the Surety: American Contractors Indemnity Company 9841 Airport Blvd., 9" Floor Los Angeles, CA 90045 800- 486 -6695 Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the °Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: American Contractors Indemnity Company, U. S. Specialty Insurance Company, and any other company for which surety business is underwritten ( "Issuing Sureties "). . The premium attributable to any bond coverage for 'acts of terrorism" as defined in. Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins and Fungi Notwithstanding anything to the contrary in the contract referred to and/or incorporated into the Bond, the Rnnd to which this Rider is attached dnes not provide coverage for, and the Issuin0 Sureties thereon shall not be liable for: molds, living or dead fungi, bacteria, allergens, environmental contaminants, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Pest's Rating Center - Compf Information for American Contra Indemnit... Page 1 of 1 View ReGngs: Fin ... WI Brmmalh Issuer Credit Ece imbas Advanced search WivwetcvNers:� American Contractors Indemnity Company (. membxmyP9lnflw'.BaaHaaaal nnam,.wrmema-.s Awemdmeemsmmnaiivi-jnw, am •.n.extY. 11019 HAW 9:10210 FEIN I: 6Q9 opim. an wmlNM N1., p mnl Ne. last omo'm9 odi9a9onsb 9olicynoN «a. Address: 9541 Ai o rf Bwl90OL459th Floor Phone: 310.54452 el Los Angeles, CA 90045 Fax: 310 -699 -2452 Web: wu w.a. 6cbond.ccm Best's Ratings Financial Stmngdi Ratings View Definitions Issuer crest Ratings View Definitions Rating: A(Excellent) Long -Tenn: a Financial Size Calegory: VI (325 million to $50 million) OutboL Stable Outlook: Stable Action: Assigned Acton: Affirmed Date: June 26, 2005 Effective Date: June 25, 2005 * Denotes Under Review Best's Ratings Reports and News Visit our NewsROOm for the latest news and press releases for this company and its A.M. Best Group. Best's Cgmcalw Report - Includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, calaih key financial data. Report Revision Dam: 0722/2005 (represents the latest Significant change). Historical Reports are available in Best's Company Report Archive. 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Nev, Jersey. 88858, USA. http: / /www3.ambest.com /ratings /FullProfile. asp ?BI= O&AMBNum= 11019&AItSrc... 09/01/2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 DESIGNATION OF SUBCONTRACTORS) 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 Information Bid Item Description of Work °io of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Ila, Bidder Authorized Signature/Title C� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 NON -COLLUSION AFFIDAVIT State of California ) //�� ) ss. County of 6 (L ) being firstmy sworn deposes an says that he or she is of M5(q ,ea (2�e/),,, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 declare under penalty of perjury of the laws of the State of C rnia the foregoing is true and correct. Bidder �' Authorized Signature/Title 7Sed and swor to before me this (�' day of 2005. [81LAQ Notary Publi � a a 9s �s ...;,,;;.. S'rEPHANIE PH/��M by IIJr� COMM. # 1sa�oao My Commission Expires: l Notary Public California ,� Orange County Myr Comm. Expires -�-� NOVEMBER 9 2006 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 DESIGNATION OF SURETIES Bidders name Provide the names, addresses, and phone numbers for all brokers and s&eties from whom Bidder inte ds to procure insurance and bonds (list by insurance/bond type): C" OP A e�� C � 2a- 431S - 1�999sr .tel 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Record The 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. Current Record Record Record Record Record Year of for for for for for Record 2004 2003 2002 2001 2000 Total 2005 No. of contracts / l Total dollar Amount of Contracts (in �I J/ 1 jD 2 Thousands of $) No. of fatalities No. of lost Workday Cases -F7- No. of lost workday cases involving permanent transfer to another job or termination of employment The 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. Legal Business Name of Bidder �G uP�` � �,�Lq ' - Business Address: 16 (Zs F1 -Vi aA4-- W q,, ( Business Tel. No.: !2(e _ �yy 9/(1/9 State Contractor's License No. and Classification: Title The above information was compiled from the record 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 --To— 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. 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 ACKNOWLEDGEMENT OF ADDENDA ti Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature In\_4 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 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: SCAJI�veW Business Address: 1� 12 $ -r��`>(,/ e A-44 Telephone and Fax Number: wo —qYT ` (-2 6 �' d California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued:- `�'ct;� Expiration Date: ~ �' List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in thoeco ct documents: Vii✓ ��-�/��'� 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 Corporation organized under the laws of the State of 12 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies 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; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. ILI/ For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes 6P Are any claims or actions unresolved or outstanding? Yes / (N)? 13 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. ef"_j ' L (Print name of Owner President of Corpora /Co Y), Bidder Authorized Signature/Title Title Date Subscribed and sworn to before me this day of 0 , 2005. EAL] STEPHANIE PHAM r. COMM. # 1384040 ® Notary Pubiic•California NOrange. County, r .. Myy Comm. Expires -� d NOVEMBER 9'2006 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 15 License Detail Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 747511 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 09/01/2005 * * * Business Information * * * SUNQUEST GENERAL ENGINEERING INC P0 BOX 2132 VALLEY CENTER, CA 92082 Business Phone Number: (760) 749 -8668 Entity: Corporation Issue Date: 03/26/1998 Expire Date: 03/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 9066252 in the arr $10,000 with the bonding company http: / /www2.csib.ca.gov /CSLB_LIBRARY /License +Detaii.asp 09/01/2005 License Detail • L AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History Page 2 of 2 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) RC JAMES BENDER certified that he/she owns 10 percent or more of the voting stock/equity corporation. A bond of qualifying individual is not required. Effective Date: 03/26/1998 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1525056 Effective Date: 06101/1999 Expire Date: 06/01/2006 Workers Compensation History Personnel List License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request ® 2005 Stale of Califomia. Conditions of Use Privacy Policy http: / /www2.cslb.ca.gov /CSLB_LIBRAR`Y/License +Detail.asp 09/01/2005 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Properly - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 15 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • MORNING CANYON CHANNEL STABILIZATION CONTRACT NO. 3517 CONTRACT THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and SUNQUEST GENERAL ENGINEERING, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MORNING CANYON CHANNEL STABILIZATION This project entails the clearing of vegetation within the streambed, importing and installing fill, constructing seven gabion control structures, installing gabion bank protection structures, hydroseeding and revegetating the site and other appurtenant items of work. Contract No. 3517 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. 3517, 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. 16 0 0 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 Seven Hundred Ninety -Six Thousand, Four Hundred Seventy-Eight and 50/100 Dollars ($796,478.50). 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: Robert Stein (949) 6443322 Sunquest General Engineering 16128 Fruitvale Road Valley Center, CA 92082 Phone & Fax: 760- 749 -8668 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with 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 17 L 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage `occurrence" form number CG 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. IiEw 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. 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. 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. 19 i • 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. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 20 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPROVED AS TO FORM: C- C(T* ATTORNEY 21 CITY OF NEWPORT BEACH A Municipal Corporation By: M yor ll�- SUNQUEST GENE ENG RING By: (Corpora Officer) Title: Print Name: O0/ (Financial Officer) Title: Print Name: RD- CERTIFICATE OF LIABILITY INSURANCE 9/ 6/2005 PRODUCER NUGEN & ASSOC INS SER, INC 10722 ARROW RTE, #116 RANCHO CUCAMONGA, CA. 91730 909 941 -0167 THIS CERTIFICATE IS ED 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 NAICO INSURED SUNQURST GENERAL ENGINEERING INC PO BOX 2132 VALLEY CENTER, CA 92082 760 749 -8668 INSURERA: AX'S SpBCIATMY 1NSORANCS CO"ANY STEWART INSURER B; CENT Ry NATION&& IN8OAAITCEI COMPANY GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSMADE ® OCCUR INSURER C: 03/17/05 INSURER D: EACH OCCURRENCE INSURER E: PREMISES Ea Om W 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. MR iR WWL N&RD INSURANCE POLICY NUMBER POLICYEFFECTNE DATE MM?D POLICYEXPIRATION DATE MM/D LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSMADE ® OCCUR AAP71215205 - 03/17/05 03/17/06 EACH OCCURRENCE $1,000,000.00 PREMISES Ea Om W $ 50,000.00 NEED EXP(Any one person) § EXCLUDED PERSONAL &ADV INJURY $1,000,000.00 GENERAL AGGREGATE $2,000,000.00 GENL AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS - COMP/OPAGG $1,000,000.00 B AUTOMOBILELKSfLITY ANYAUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS NON- OWNEDAUTOS BAP 144970 04/16/05 04/16/06 COMBINED SINGLE LIMIT (Ea acdtlem) §1,000,000.00 X (Per a) (Per person) $ X X BODILYINJURY (Peramidem) $ X PROPERTY DAMAGE (Peramident) $ GARAGE LIABILITY ANYAUTO - AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC AUTOONLY: AGG S $ EXCESSNMBRkLA LIABILITY OCCUR CLAIMSMADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE $ a $ $ WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY W( PROPRIETORIPARTNERIEXECVIVE W( OFFICERIMEMBER EXCLUDED? ttyes,desonbeender SPECIAL PROVISIONS below WRYLIMITS TH E.L. EACH ACCIDENT § E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES1 EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CITY OF NEWPORT BEACH,ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AND PRIMARY ON GL AND AUTO POLICY RE:MORNING CANYON NEWPORT BEACH CERTIFICATE HOLDER CANCELLATION ACORD25(2001108) CACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING ENSURER W O MAILS_ DAYS WRITTEN 3300 NEWPORT BLVD NOTICE TO THE CERTIFICATE HOLDPOfAMED TO THE LEFT, NEWPORT BEACH CA 92663 ANKERmom AUTHORIZED REPRESENTATIVE PUBLIC WORKS DEPARTMENT ACORD25(2001108) CACORD CORPORATION 1988 0 0 Name of Insured: SUNQUEST GENERAL ENGINEERING INC Policy Number: AAP71215205 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIIONAL INSURED — OWNERS, LESSESS OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES, VOLUNTEERS Location and Description of Completed Operations: MORNING CANYON NEWPORT BEACH CA EROSION CONTROL (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard." CG 2037 10/01 ISO Properties Inc 2000 0 0 NAME OF INSURED: SUNQUEST GENERAL ENGINEERING INC DATE: 09 /26/05 POLICY NUMBER: AAP71215205 PRIMARYENDORSEMENT: IT IS HEREBY AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED(S) SHOWN BELOW SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS TO CLAIMS, LOSS OR LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED(S) HIS SUBCONTRACTORS OR HIS SUBCONTRACTORS OR MATERIALMEN OR SUPPLIERS AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED(S) SHALL BE NON - CONTRIBUTING. ADDITIONAL INSURED AND CERTTFICA OLDER DATE: 09/26/05 AUTHORIZED REPRESENTATIVE: 0 0 ADDITIONAL INTEREST ENDORSEMENT This endorsement applies to insurance provided under the following. BUSINESS AUTO COVERAGE GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM SECTION II — LIABILITY COVERAGE is changed as follows: We agree that this insurance (both for BODILY INJURY AND PROPERTY DAMAGE) shall also apply to each additional interest named above, but only with respect to liability for the Named Insured's maintenance, use or operation of a covered "auto" resulting in an "accident and only to the extent of that liability. This endorsement does not increase our limits of SCHEDULE POLICY NUMBER: BAP 144970 NAMED INSURED: SUNQUEST GENERAL ENGINEERING INC ISSUE DATE: 09/26/05 ADDITIONAL INTEREST: CITY OF NEWPORT BEACH ITS OFFICERS, OFFICALS, EMPLOYEES AND VOLUNTEERS NAC 13030 (8 -95) 0 0 NAME OF INSURED: SUNQUEST GENERAL ENGINEERING INC DATE: 09/26/05 POLICY NUMBER: BAP 144970 PRIMARY ENDORSEMENT: IT IS HEREBY AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED(S) SHOWN BELOW SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS TO CLAIMS, LOSS OR LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED(S) HIS SUBCONTRACTORS OR HIS SUBCONTRACTORS OR MATERIALMEN OR SUPPLIERS AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED(S) SHALL BE NON- CONTRIBUTING, ADDITIONAL INSURED AND DATE: 09/26105 AUTHORIZED REPRESENTATIV FROM • 09,272oo5 16: 4E FAX NO. p, 29 2005 04 :22AM P2 No.aF9 veal Su CER7'HUDER COPY STATE P.O. sox 4.20807, SAM FFANCHS=C4 94142 -0907 IN ruskAA��NCE FUND CERTFICATE OF WORKERS' COWF.NSAnM iNSURA]XCE ZMN DATE: 09- 27.4006 CAdUP,' . Piney NUAME:i 19250611-2006 CER-, "LATE 10'. 96 C-!!P7 TGATE ERPIRM, 04.01 -tOW 06- OT•20os /05 -09 -8000 'MIS 0691`IFLCATE SW.tERSf00S AND CORRECTS CBRTIFICATE Y BS. OAT= Oa,- st-BOOS TNB, CITY OF WZWPMT SCUM SB PM20 WORM DSPARTNENT PO SOX 1706 450OWr SSAW CA 94658 Wit 5 t9 WrtiFy that we Ivye &Yftd a Valid Wares A' con" nation 4vuratac PCIlcy to a t0"rh ryprovad by ih0 Cal"oreia Inswahbe Cammiaslbner to tM anplew Turned below fnr the bdlley paridd <rullearad Thee Policy is net subject to OiFcaha+IcA oT ihi 6und except Upon 80 diva advw" wrtm medae to iha employer. We VVL' aura giYA yob 00 days OPVanOa no605 Lift -04 Bus Polley be ca=WNd Prior to iA n ltnel eXPirmon. Tills omtiTicase of :xvsn06 is not an inr z= Policy and does trot am/ad eximrd or altar Me Covtp." afforded DV OW Pulley listen. herein Ndiw't'41arrdinA try rOauRmrpnr. term or eon*ian of arry 6Wmrset or other dowment »nth reafrxt to wtuch wit eertlfleste of 6yprance may ua isgeed or to vvtnio) it may Per Win, the msu-wrea a'twdao by fie PoACV descrlbed ?mra04t ie aubrect to ell the terns, escivakns, and Condi:io -a. of SUob P0[loy, AUMOF4ZED REPRrSbN7A IVs PREMWNT' . EIWL.OVRRrS LIABILITY LIMIT IN:L11:)TNC OWINSE coats: S1,WQ,DOO PER D=RRP4r;, ENDORSEMENT #9016 RNTITLPD ADDITIONAL %mmED Ff4LOYER ETFlCtrwe 200600 -22 IS ATTACKED TO AND WORMS A PART OP TIM'IS POLICY. NANO OF ADDITIONAL INSURED: rim CITY OF NEWPORT BEAW .EFOORSEMCHT #IBOO - RONALD J. 9ENBWR OR SAC TR v SXCI.LMO. CNDDRSEMENT .rMS D31TLED CERTIFICATE tOLA6R6r WTICE EPFECTTVE W- 0I -NO4 IS AiFACHN TO AND PEWS A PART OF TNLS POLICY. OMPSE14ENT #2870 ENTITLED WAIVER Of SUBROGATION EFPRCTIVR 2006-06-47 IS ATTACHED TO WC fORNS A PART *Jr 774I6 POLICY. THIRD PARTY NIWE: ^� TNB CITY OF NEWPORT BEACH ew -wt'EA C"west GWRAL ENBINFERIMO, INC. SO PD BOX 21222 VALLEY CENTER CA 02062 ; rF c aw j1EY. E'071 PRINTED : OB- 27.2005 SO HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09 -22 -2005 GROUP: POLICY NUMBER: 1525056 -2005 CERTIFICATE ID: 63 CERTIFICATE EXPIRES: 06 -01 -2006 06- 01- 2005/06 -01 -2006 THE CITY OF NEWPORT BEACH SO PUBLIC WORKS DEPARTMENT PO BOX 1768 NEWPORT BEACH CA 92658 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. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2005 -09 -22 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: THE CITY OF NEWPORT BEACH . ENDORSEMENT #1600 - RONALD J. BENDER PR SEC TR - EXCLUDED. ENDORSEMENT #2088 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06 -01 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER SUNQUEST GENERAL ENGINEERING, INC PO BOX 2132 VALLEY CENTER CA 92082 SO [fBT,CNI IREV.2 -05) PRINTED : 09-22-2005 COHOLDER COPY SO STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 RECEIVED COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCT : 4 2005 ISSUE DATE: 09 -27 -2005 GROUP: POLICY NUMBER 152 g-� CERTIFICATE ID: GTU5DI1CMorkS Department CERTIFICATE EXPIRES: OB -01of Newport Beach 06-01- 2005/08 -01- THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 83 DATED 09 -22 -2005 THE CITY OF NEWPORT BEACH SO PUBLIC WORKS DEPARTMENT PO BOX 1768 NEWPORT BEACH CA 82658 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. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE A;,t e, W, I PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0615 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2005 -09 -22 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: THE CITY OF NEWPORT BEACH ENDORSEMENT #1600 - RONALD J. BENDER PR SEC TR - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2005 -09 -27 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: THE CITY OF NEWPORT BEACH EMPLOYER SUNQUEST GENERAL ENGINEERING, INC PO BOX 2132 VALLEY CENTER CA 92082 (REV.2.051 SO [TRC,CNj PRINTED : 09 -27 -2005 With zuut� TUE 12:07 FAX 949 6465204 City of NB Utilities X001 /Opl SEP -27 -2005 TUE 10:51 AM *URANCE FAX N0, 09391654 P. 01 Fax #:`�o[ T CERTIFICATE OF INSURANCE . CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Heath. Date Received: / Dept/Contact Received From: %S 7Au r- �I Date Completed: a 7 Sent to: 9 AU 01 A By: Maur S - Comparry/Person required to have certificate: .r= Vii^ q Wd %tare 0 1544b1cW-1114 r L GENERAL LIABILITY f A INSURANCE COMPANY: ( S In 't34 Va B. AM HEST RATING (A: VII or greater): _ "V C. C. ADMITTED Company (Must be California Admitted): is Company admlltsd In California? ❑ Yes o D. LIMITS (Must be $1 M or greater): What Is limit provided? s 2 a w % _�vh* y 0� E. PRODUCTS AND COMPLETED OPERATIONS (Must include): is It Included? es 0 F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it Inciuded7 es ❑ No H. CAUTION! (Confirm that ions or liability of the named Insured is riot limited solely by their negligence) Does endorsement include "solely by negligence" wording? Q Yes o I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires nottfication of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording/.. II AA. UTOMOBILE INSURANCE BCOMPANY: C'C VAA ✓ L1 �Gi `17 4> 1 A� YI ':tit GiiY1 N�. Gt7 i+7 yi, B. AM BEST RATING (A: VII or greater): v a- V i l) � C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ N0 D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 4t 1 YIn.. lspri E. ADDITIONAL INSURED WORDING TO INCLUDE (The. City its / officers, officials, employees and volunteers): Is it Included? Q-ye-s o No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is It Included? 0-1es No G. NOTIFICATION OF CANCELLATION: Although there Is a provision that mquir se notificallon of cancellation by certified malt; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: S. AM BEST RATING (A: VII or greater): d veal- .. C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To inctuda): Is it Included? ❑ Yes 13 No NAVE ALL ABOVE REQUIREMENTS SEEN tMET? 0 Yes �� ll IF NOW 1 SN TO C CL flSUi, -as CG CDrbl•4}Aw# O xr w1b lt%Av� t,n..n• erj,...; A.Ji CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MORNING CANYON CHANNEL RESTORATION CONTRACT NO. 3517 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3517 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ Dollars and Cents$ �r'no Per Lump Sum 2. Lump Sum Traffic Control @ 4L -e' -4A' f�---(Doltors and 2! Cents Per Lump Sum 3. Lump Sum Construction Survey Staking Dollars and / qi Cents $ 6 Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Clearing and Grubbing @ /2� Dollars and X16 Cents Per Lump Sum 5. 995 C.Y. Gabion Grade Control Structures 9101lf ./ i` oly Dollars and Svc- Cents $ �o Per Cubic Yard 6. 2,000 C.Y. Unclassified Fill @ SetKo�& f4uy,,,� Dollars ando-Z � e ��'� Cents $ $ / Per Cubic Yard 7. 70 C.Y. Grouted Ri��pp/rap /Rock @ "�ve��g�t 1z�ur Dollars and .)V" Cents $ 1� $ e6d Per Cubic Yard 8. 58 L.F. 18 -inch RCP Storm Drain (D-2000) with slope anchors (6 ea) per RDMD Std. Plan 1333 4,��°� @ fev,K:►. �`'"`��v Dollars and N0 Cents $ / � / /6) % � �, 00 Per Linear Foot 9. 20 L.F. Salvage and Relocate Chain Link Fence e @ -e 7&1A4> Dollars and /1110 Cents $ $ Per Linear Foot PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 68 L.F. 8' Wrought Iron Fence and Two Gates Dollars%e and No Cents $ Per Linear Foot 11. Lump Sum Dewatering (for gabion bank protection structures only) @��� 7�D��,-� Dollars and ao N° Cents $c� Per Lump Sum 12. 2480 C.Y. Excavation for Gabion Bank Protection Structures ��, Iw � Dollars and , /yv Cents $ o� $ Per Cubic Yard 13. 700 C.Y. Gabion Bank Protection Structures @ Dollars and Cents $ ��� $ 3.5 00c) Per Cubic Yard 14. 1595 C. Y. Benched Backfill for the Gabion Bank Protection Structures D� �� Dollars and 3 Cents $S� $ Per Cubic Yard 15. 35 EA. 15 -Gallon Plant Material Dollars and 00 Aro Cents $ Per Each PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 1 EA. 36 -Inch Box Plant Material @ r-8�� �'� ��" Dollars and e_10 Cents $$ �av Per Each 17. 585 EA. Rooted Cutting Plant Material @ 4-,,4wx-X47101< Dollars and /� C �,00 /110 Cents Per Each 18. 60 EA. D-40, Supercell, Rosepotand/or Liner Container Stock @dam Dollars and N� Cents Per Each 19. 42,230 S.F. Hydroseed @ �i�7�e��-•�- Dollars and r6 Cents Per Square Foot 20. 1 EA. Salvage and Relocate Oak Tree @ Dollars and WO Cents v Per Each 21. Lump Sum 90 -Day Plant Establishment and 60 -Day Site Maintenance @ _ _t ' 44 Dollars and jvu Cents $ r,eee Per Lump Sum PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS Sete, �r��,ri s,jK �� ���- •-�� P ge�yg�� Dollars and Cents Total Price (Figures) Date Bidder Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) er's Authorized Signatdre and Title Bidder's Address f:\users\pbw\shared\contracts\fy 04-05\morning canyon channel c-3517\bid and construction contract documents\proposal c-3517.doc 0 • M, 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MORNING CANYON CHANNEL RESTORATION CONTRACT NO. 3517 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 33 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS 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 M, 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 4 • • 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MORNING CANYON CHANNEL RESTORATION CONTRACT NO. 3517 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 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS 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 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 4 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 0 0 201 -1.1.2 6 -7.2 Working Days 4 6 -7.4 Working Hours 5 6-8 COMPLETION, ACCEPTANCE AND WARRANTY 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 13 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel SECTION 206 MISCELLANEOUS METAL ITEMS 206 -7 WROUGHT IRON FENCE 206.7.1 Wrought Iron Fence Materials 206 -8 GABIONS 13 14 14 14 14 14 14 14 14 PART 3 — CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 206 -8.1 Gabion Materials 14 SECTION 207 PIPE 14 207 -2 REINFORCED CONCRETE PIPE (RCP) 14 207 -2.5 Joints 15 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 15 212 -1 LANDSCAPE MATERIALS 15 212.1.1 Topsoil 15 212.1.1.1 General 15 212.1.2 Soil Fertilizing and Conditioning Materials 15 212.1.2.3 Commercial Fertilizer 15 212.1.2.4 Organic Soil Amendment 15 212.1.2.5 Mulch 16 212.1.4 Plants 16 212.1.4.1 General 16 212.1.5 Headers, Stakes and Ties 17 212.1.5.3 Tree Stakes 17 212.1.6 Herbicides and Pesticides 18 PART 3 — CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300 -1 CLEARING AND GRUBBING 19 300 -1.3 Removal and Disposal of Materials 19 300 -1.3.1 General 19 300 -1.4 Solid Waste Diversion 19 300-4 UNCLASSIFIED FILL 19 300 -4.1 General 19 300 -12 GABION GRADE CONTROL AND BANK PROTECTION STRUCTURES 20 300 -12.1 General 20 SECTION 304 METAL FABRICATION AND CONSTRUCTION 20 3045 WROUGHT IRON FENCE AND GATES 20 304 -5.1 Fence and Gate Construction 20 304 -5.2 Measurement and Payment 20 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 21 308 -1 GENERAL 21 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 22 308 -2.6 Exotic Vegetation Control 22 fAusers\pbw\shared�contractsVy O"Mmoming canyon channel c- 3517\bid and construction contract documents\specs index c3517.doc 9 0 308 -4 PLANTING 23 308 -4.1 General 23 308 -4.5 Tree and Shrub Planting 25 308 -4.6 Plant Staking and Guying 28 308 -4.6.1 Seed 28 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 32 308 -7 GUARANTEE 35 fAusers\pbw\shared�contractsVy O"Mmoming canyon channel c- 3517\bid and construction contract documents\specs index c3517.doc SP 1 OF 35 CITY OF NEWPORT BEACH A PUBLIC WORKS DEPARTMENT12 SPECIAL PROVISIONS `.. 03 ' MORNING CANYON CHANNEL STABILIZATION -U T< CONTRACT NO. 3517 u s�yT CIV1V ���\ GP F OF CP,0\ -.-- INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D -5267-S and Toal Engineering Drawings); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, 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 two Project Tasks. Project Task 1 includes clearing and grubbing, dewatering and surface water control, constructing seven rock -filled gabion grade control structures, a rock -filled gabion bank protection structure, placing unclassified fill, grouted rock riprap, storm drain extensions, fencing, sediment and erosion control, dust control and all other work as required to bring the canyon into readiness to accept storm water flows. Project Task 2 work includes planting of various California native shrubs and trees, hydroseeding, other landscaping tasks and other work as required to complete the project. Following completion of Project Tasks 1 and 2, there is a plant establishment and maintenance item of work." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the z rn rn • . SP 2 OF 35 improvements. The design surveyor for this project is RBF Consulting (Bill Madigan) and can be contacted at (949) 472 -3505. At a minimum, two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring all survey ties and/or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will restore the survey monuments at Contractor's expense. The restoration cost to the Contractor will include filing the required Record of Survey or Comer Records with the County of Orange. 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. �J SECTION 4 - -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements SP 3 OF 35 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. Submittals are required for all construction material. 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 the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3" paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "in the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yana at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. 0 • SP4OF35 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: 'The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." 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. It is the intent of the City to issue the Notice to Proceed no later than October 3, 2005. 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 Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete Project Task 1 work within 50 working days after the date on the Notice to Proceed. The Contractor shall complete Project Task 2 work and all other necessary work to finish the Project within 60 working days after the date on the Notice to Proceed. The Plant Establishment shall commence upon approved completion of Project Tasks 1 and 2 work. The Contractor shall 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. Delete subsection 6 -7.2 1) "Saturday." Replace subsection 6 -7.2 3) with the following: "any City holiday, defined as January 1 ",'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 4'", the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`h, (Christmas Eve — half day), December 251h (Christmas), and December 31 ' (New Years Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." • SP5OF35 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturday. .Note that Saturdays are considered working days. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Additionally, as this is a residential area, unnecessary noise shall be avoided. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. Add to the end of this section the following paragraph: "The expeditious completion of Project Task 1 work is to the benefit of the City. As such, incentives are provided to the Contractor to complete Project Task 1 work prior to the time specified for the completion of work. The City will pay the Contractor a bonus of Two Thousand Two Hundred Fifty Dollars and No Cents ($2,250.00) per working day for each working day earlier than the time specified in Section 6 -7.1 for completion of Project Task 1 that Contractor achieves substantial completion of Project Task 1, up to a maximum of Twenty (20) working days. For example, if Project Task 1 work is completed in 48 working days, a bonus of Four Thousand Five Hundred Dollars and No Cents ($4,500.00) will be awarded. No bonus will be awarded if the Project Task 1 work is completed in 50 days." 6 -9 LIQUIDATED DAMAGES. Replace Paragraph 1, Sentence 3, with the following: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of Project Task 1 work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of Two Thousand Dollars and No Cents ($2,000.00); and for each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of Project Task 2 work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of Two Hundred and Fifty Dollars and No Cents ($250.00). As an example, if Project Task 1 work is completed 2 calendar days after the time specified in Section 6 -7 -1 and Project Task 2 work is completed 10 calendar days after the time specified in Section 6 -7 -1, Six Thousand Two Hundred and Fifty Dollars and No Cents ($6,250.00) in liquidated damages will be assessed (i.e. Four Thousand Dollars and No Cents ($4,000.00) for failure to complete Project Task 1 work in accordance with the time specified in Section 6 -7.1 and Two Thousand Two Hundred and Fifty Dollars ($2,250.00) for failure to complete Project Task 2 work in accordance with the time specified in Section 6 -7.1." Replace paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that Two Thousand Dollars and No Cents ($2,000.00) per calendar day for failure to complete Project Task 1 work in accordance with the time specified in Section 6 -7.1 and Two Hundred fifty Dollars and No Cents ($250.00) per calendar day for failure to complete Project Task 2 work in accordance with the time specified in Section 6 -7.1 is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted times. " 0 0 SP 6 OF 35 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." The City will contract with a geotechnical engineer to review excavation, fill and temporary backfill slopes. The Contractor shall notify the Engineer 48 hours in advance of any excavation, grading or backfill activities. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City 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." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the • 0 SP7OF35 Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca. us /pubworks /links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. An area for the storage of equipment and materials has been provided by the City, and is shown on the drawings. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to 0 0 SP8OF35 the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." The laydown area shall not be used for storage of material from the clearing and grubbing. 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 traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 0 SP9OF35 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. 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. Seven (7) calendar days prior to starting work, the Contractor shall deliver a written construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice to the Contractor. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. 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 City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Class "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 0 • SP 10 OF 35 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, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. Unless noted otherwise, all items are Project Task 1 work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Construction Survey Staking: Work under this item shall include providing survey services in accordance with Section 2 -9.3. Item No. 4 Clearing and Grubbing: Work under this item shall include removal and disposal offsite of all trees, bushes, shrubs, stumps, roots, arundo rhizome removal and herbicide application, fences, concrete, pipe or interfering portions thereof, within the limits of the work area, as required to complete the work in place. This task also includes the removal of approximately one cord of wood stacked near the canyon bottom at 524 Seaward Road. Item No. 5 Gabion Grade Control Structures: Work under this item shall include constructing the rock - filled gabion grade control structures per the limits and details on the plans including but not limited to, excavation, control of ground or surface water, backfill, compaction, gabion baskets, rock fill, fasteners, connections, filter fabric, • • SP 11 OF 35 removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 6 Unclassified Fill: Work under this item shall include the constructing the access road and constructing the unclassified fill per the limits shown on the drawings, including but not limited to, clearing and grubbing the borrow site, excavation, hauling, and stockpiling of imported borrow, control of ground or surface water, subgrade preparation, benching, placing fill, compaction, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 7 Grouted Rock Riprap: Work under this item shall include the construction of grouted rock riprap and loose rocks per the limits and details on the plans, including but not limited to, excavation, control of ground or surface water, backfill, compaction, rock, grout with integral color (brown), filter fabric, filter blanket material, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 8 18 -inch RCP Storm Drain (2000 -D) with slope anchors (6 ea) per RDMD Std. Plan 1333: Work under this item shall include full compensation for fumishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for installing the 18 -inch RCP and slope anchors, material including, but not limited to, potholing of all existing facilities, concrete removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 9 Salvage and Relocate Chain Link Fence (Project Task 2): Work under this item shall include salvaging and relocating fence material, including but not limited to, salvaging the existing fence and posts, reinstalling the salvaged materials, reconnecting to existing fence, concrete footings, fasteners, removal and disposal of excess materials, abandonment or protection of interfering portions of existing utilities or improvements, and all other work items required to complete the work in place. Item No. 10 8' Wrought Iron Fence and Two Gates (Project Task 2): Work under this item shall include the construction of 8 -foot high wrought iron fence with a four -foot wide gate and eight -foot wide gate per the limits and details shown on the plans, including but not limited to, wrought iron, fittings, fasteners, welding, concrete, removal, abandonment or protection of interfering portions of existing utilities or improvements, and all other work items required to complete the work in place. • SP 12 OF 35 Item No. 11 Dewatering (for gabion bank protection structures only): Work under this item shall include the control and removal of water from the subgrade for the bank stabilization as required to complete the work in place. Item No. 12 Excavation for the Gabion Bank Protection Structures: Work under this item shall include excavation required to construct the rock - filled bank protection structures at 601 Rockford Road and 515 Rockford Place per the limits and details as shown on the Toal Engineering drawings including but not limited to, excavation control of surface water, compaction, erosion control on disturbed slopes, removals, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. This task shall also include geotechnical services for temporary excavation. Item No. 13 Gabion Bank Protection Structures: Work under this item shall include constructing the rock - filled bank protection structures at 601 Rockford Road and 515 Rockford Place per the limits and details as shown on the Toal Engineering drawings including but not limited to gabion baskets, rock fill, fasteners, connections, filter fabric, and all other work items required to complete the work in place. Item No. 14 Benched Backfill for the Gabion Bank Protection Structures (Project Task 2): Work under this item shall include the structural backfill behind the rock - filled bank protection structures at 601 Rockford Road and 515 Rockford Place per the limits and details as shown on the Toal Engineering drawings including but not limited to benched backfill, control of surface water, compaction, erosion control on disturbed slopes, protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. This task includes placing erosion control matting and hydroseeding the backfilled slope. This task shall also include geotechnical services for the structure backfill. This item is deletable at the discretion of the Engineer. Note: While completing this item will not considered for the purposes of determining the amount of the bonus defined in Section 6 -8, the Contractor shall be responsible for any costs incurred due to delay in placing the backfill. Item No. 15: 15- Gallon Plant Material (Project Task 2): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing 15- gallon plant materials as specified in these construction documents including spotting, excavation of plant pits, installing backfill, forming water basin and top dressing with mulch. Item No. 16: 36 -inch Box Plant Material (Project Task 2): Work under this item. shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing 36 -inch box plant materials as specified in these construction documents including spotting, excavation of plant pits, installing backfill, forming water basin and top dressing with mulch. E • SP 13 OF 35 Item No. 17: Rooted Cutting Plant Material (Project Task 2): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavation of plant pits, installing backfill, forming water basin and top dressing with mulch. Item No. 18: D -40, Supercell, Rosepot, and/or Liner Container Stock (Project Task 2): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavation of plant pits, installing backfill, forming water basin and top dressing with mulch. Item No. 19: Hydroseed (Project Task 2): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for the procurement, approval, delivery, storage and broadcasting the hydroseed including top soil over fabric and fine grading around planting after performing all operations for weed eradication specified in these construction documents and provide protection for plant material. prior to applying the two part hydroseed mixture as specified in these specifications. Remove all protective material and any overspray immediately following application of the two -part seed application. Item No. 20: Salvage and Relocate Oak Tree: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for salvaging and relocated an existing Oak Tree as specified in these construction documents including boxing, excavation of plant pit, installing backfill, forming water basin and top dressing with mulch. Item No. 21: 90 -Day Plant Establishment and 60 -Day Site Maintenance: Work under this item shall include providing all material, labor and equipment necessary to perform the work required for plant establishment and site maintenance as specified in these construction documents. This includes replacing any plant material that fails to maintain a healthy condition, fertilization, trash removal and eradication of any natural pests. This work shall not commence until Project Tasks 1 and 2 are complete as determined by the Engineer. 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 • SP 14 OF 35 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, unless specified otherwise." Grout for grouted riprap shall be 660 -E -3250 concrete mix with integral color (Method B). The color shall be a natural shade of brown approved by the City. Contractor to furnish to the Engineer a sample of the grout for approval prior to installation. 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 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 206 - -- MISCELLANEOUS METAL ITEMS [Add the following to this section:] 206 -7 WROUGHT IRON FENCE 206 -7.1 Wrought Iron Fence Materials. Steel plates, shapes, pipes, channels, and bars shall conform to ASTM A36. Color shall be black. Hot -rolled carbon steel bars and bar -sized shapes shall conform to ASTM As75, Grade M 1020. Anchorage devices shall be expansion shields conforming to FS FF -S -325, type and class for the construction involved. Machine screws shall be carbon steel, cross -recess drive, flat head, conforming to FS FF -S -92, Type III. Welding materials shall conform to AWS D1.1 and be the type required for materials being welded. 206 -8 GABIONS 206 -8.1 Gabion Materials. Materials for galvanized woven wire mesh gabion baskets, and fasteners shall conform to the specifications on the drawings. SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) • SP 15 OF 35 207 -2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845 - 6962." SECTION 212 -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.1 Topsoil. 212 -1.1.1 General. Add the following: Unless otherwise specified on the Plans or required by the Engineer, topsoil shall be Class "C in accordance with the requirements of 212 - 1.1.4. Imported soil, if required, shall be Class "A" topsoil in accordance with the requirements of 212 - 1.1.2. 212 -1.2 Soil Fertilizing and Conditioning Materials 212 -1.2.3 Commercial Fertilizer. Delete entire section and replace with the following: The use of fertilizer would be contingent upon results of the soil recommendations. If fertilizers are recommended, permission from the Engineer must be obtained. 212 -1.2.4 Organic Soil Amendment. Replace entire section with the following: SOIL TESTING Soil samples shall be taken from a minimum of one location per acre or a minimum of three samples for the project area to represent an adequate cross - section of conditions as determined by the Engineer. Soil tests shall be performed by an approved soil testing laboratory such as Wallace Laboratories, 365 Coral Circle, El Segundo, CA 90245, telephone number (310) 615- 0116, contact Garn Wallace. The test shall indicate, but not be limited to the following: Organic matter content; N, P, K; pH; EC; soil texture (i.e., silt, clay, sand); recommendations for amendments, leaching, and maintenance fertilizations. • SP 16 OF 35 Note: Soils in Morning Canyon Channel are alkaline and plants that tolerate these conditions have been selected for planting in the 1 -5 year flow elevation. The results and recommendations of soil testing laboratory shall be submitted to the Biological Monitor for review and approval. Costs associated with the soil testing will be the responsibility of the Contractor. Products specified by product name in the soil testing laboratory recommendations may be substituted with equal products approved by the Engineer. 212 -1.2.5 Mulch. Replace entire section with the following: Unless otherwise specified, mulch shall consist of wood chips, tree bark, or shredded bark, or any combination thereof, at the Contractors option. Mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz, or San Mateo counties shall not be used. Wood chips shall be manufactured from clean wood. The particle size of the chips shall be between one -half inch (2 ") and three inches (3") in length, and not less than 3/8 -inch in width and 1/16 -inch in thickness. Chips produced from tree trimmings that contain leaves or small twigs will not be accepted. Tree bark shall have a particle size between one -half inch (112 ") and one and one -half inches (1 1/2 ") and shall be free of salt and foreign materials such as clods, coarse objects, sticks, rocks, weeds, or weed seeds. Shredded bark shall be a mixture of shredded bark and wood; shall have a particle size between 1/8 -inch (1/8 ") and one and one -half inches (1 1/2 ") in thickness and one inch 0 ") to eight inches (8 ") in length; and shall be free of salt and deleterious materials such as clods, coarse objects, and rocks. 212 -1.4 Plants. 212 -1.4.1 General. Add the following: All plants furnished by the Contractor shall be true to type or name as shown on the Plans and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of California. However, determination of plant species or variety shall be made by the Engineer, whose decision shall be final. Plants shall be subject to inspection and approval or rejection by the Engineer at place of growth and /or upon delivery to the site at any time before or during progress of the work. Inspections shall include: a) Quantity, quality, size, and variety; b) Ball and root condition; 0 SP 17 OF 35 c) Latent defects and injuries resulting from handling, disease and insects; and installation. d) Uniformity of plant materials. The Contractor shall notify the Engineer forty-eight (48) hours before the delivery of plant material, so the plants can be inspected prior to planting. Replacement material must be purchased from the same nursery and must originate from the same collection sources as the original material. If additional material is required, then arrangements shall be made with the nursery and the Engineer to secure the material in a timely manner. The Contractor should be aware that as many as 10 months lead time may be required to secure custom - collected propagules and seed. Plants shall be of the variety and size specified on the Contract and shall conform to the requirements of these Specifications. Any substitutions shall be approved in writing by the Engineer. The Engineer shall notify the Contractor of any changes at least 72 hours prior to Contractor taking delivery of plant material. Plants shall be healthy, vigorous, free from plant disease, insect pests or their eggs, excessive abrasions or other objectionable disfigurements, and shall have healthy, normal root systems, well - filling their containers, but not to the point of being root - bound. Tree trunks shall be sturdy and well hardened off. Plants shall not be pruned or topped prior to delivery. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to insure that the plants will arrive at the site of the Work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Plants shall be individually tagged or tagged in groups by species or variety. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Biological Monitor. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. 212 -1.5 Headers, Stakes, and Ties 212 -1.5.3 Tree Stakes. Replace the first paragraph with the following: Tree stakes shall be a 2 -inch (2 ") diameter, lodge pole pine, ten -foot (10') length, pressure treated, and pointed on one end. Add the following: Tree ties shall be a commercially manufactured tie, split plastic hose with a minimum • 0 SP 18 OF 35 length of twenty- inches (20 "). Split plastic hose ties shall be "EZ Band Tree Cinch Ties' by Bishop Co. or approved equal. Add the following section: "212 -1.6 Herbicides and Pesticides The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture and the Department of Health, the Department of Industrial Relations, and all other agencies that govern the use of pesticides required in the performance of the Work on the Contract. Pesticides shall be limited to herbicides unless otherwise authorized by the Engineer. Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide or herbicide. The Contractor shall obtain recommendations for the use of all herbicides from a licensed Pest Control Adviser (PCA) in accordance with the requirements of the California Food and Agricultural Code, and these Specifications. Herbicide recommendations shall include, but not be limited to, the herbicide to be used, rates of application, methods of application, and areas to which herbicides are to be applied. At no time shall pre- emergent herbicides be used. Herbicides shall be mixed in accordance with the instructions provided on the applicable registered label. Prior to mixing any herbicide, a copy of the registered label for the herbicide to be mixed shall be given to the Engineer, or when such copy is unavailable, the Engineer shall be permitted to read the label on the container. Herbicides for weed control shall be applied with a photosensitive dye that will produce a contrasting color when sprayed upon the ground. The color shall disappear between 2 and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or animal life when applied at the manufacturer's recommended application rate. Where control of non - native vegetation is required and the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, the Pest Control Advisor (PCA) shall recommend only those herbicides, such as AquamasterO or RodeoO (Glyphosate), which are approved for aquatic use. If surfactants are required, they shall be restricted to non -ionic chemicals, such as AgriDex, which are approved for aquatic use. Vegetation killed by herbicide shall be removed and disposed of legally off -site within 14 days." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 0 SP 19 OF 35 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at hftp: / /www. city. newport- beach.ca. us /GSV /Frachised %20Haulers. htm." 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for. reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300 -4 UNCLASSIFIED FILL 300 -4.1 General. Add to this Section: An import borrow site for unclassified fill material shall be provided by the City. The borrow site shall be located within 3 miles of the project site. It shall be the sole responsibility of the Contractor to provide all required labor, equipment, materials and methods to accomplish the work in accordance with applicable grading codes, agency ordinances, these Technical Specifications, the Standard Specifications and the approved Plans. If, in the opinion of the Geotechnical Consultant, unsatisfactory conditions, such as questionable soil, poor moisture condition, inadequate compaction, adverse weather, etc., are resulting in a quality of SP 20 OF 35 work less than required in these Technical Specifications, the Geotechnical Consultant will be empowered to recommend to the Engineer that the work be rejected and the construction be stopped until the conditions are rectified. [Add the following to Section 300:] 300 -12 GABION GRADE CONTROL AND BANK PROTECTION STRUCTURES 300 -12.1 General. Materials, construction, and measurement and payment for gabion grade control and bank protection structures shall be as designed on the plans. The contractor shall provide the services of a geotechnical engineering firm, to be approved by the City, for review of temporary excavation requirements for the gabion bank protection structures. The contractor's attention is directed to the firm of Geofirm which provided the geotechnical recommendations for the slope repair plan. They can be reached at (949) 494 -2122. SECTON 304 - -- METAL FABRICATION AND CONSTRUCTION [Add the following to this section:] 304 -5 Wrought Iron Fence and Gates 304 -5.1 Fence and Gate Construction. Fence and gates shall be constructed as designed on the plans. Joints shall be milled to a close fit. Corner joints shall be coped or mitered, well- formed, and in true alignment. Joints exposed to the weather shall be formed and fabricated to exclude water. Exposed surfaces shall have a smooth finish and sharp, well defined lines and arises. Anchor devices, anchor bolts, and item having integral anchors which are to be embedded in cast -in -place concrete shall be delivered in time to be installed before the start of concrete operations. Continuously seal joined members by continuous welds. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush, and hairline. Ease exposed edges to small uniform radius. Flush countersunk screws or bolts; unobtrusively located; consistent with the design of component, except where specifically noted otherwise. Shop Primming: All steel shall be shop primed. Shop priming shall ensure proper adhesion of the primer. The shop primer shall be rust inhibitive product. 304 -5.2 Measurement and Payment. Wrought iron fence and gates will be measured parallel to the ground slope along the line of the completed fence, including gates. Full compensation for clearing the line of the fence and gates and disposing of the resulting material, excavating high points in the existing ground between posts, • SP 21 OF 35 excavating and furnishing and placing concrete footing, connecting new fences to structures and existing fence as shown on the plans and any other related work shall be considered included in the Contract Unit Price per linear foot of fence and gate and no additional compensation with be made therefore. SECTION 308 -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26' for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). 0 0 SP 22 OF 35 b. Selective root pruning shall be performed with an ax or stump- grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. All combustible materials, trash, debris, and other waste materials from any construction operations shall be legally disposed of outside the Project Site. The Contractor shall protect all existing structures or facilities that are adjacent to or fall within the limits of the Work to be done under this contract. Any structure or facility to be protected, which is damaged as a result of the Contractor's construction operation shall be replaced by the Contractor at his /her cost, to the satisfaction of the Engineer. The Engineer will review the site preparation and must indicate approval to the Contractor before planting or seeding may commence. The Contractor must give the Engineer at least 72 hours notice before a site review. 308 -2 EARTHWORK AND TOPSOIL PLACEMENT Add the following subsection. 308 -2.6 Exotic Vegetation Control. Exotic pest plants shall be removed according to these Specifications. Eradication of weedy plant species shall be performed by hand pulling and weed whipping, by the use of herbicides, or by other methods approved by the Engineer. The Engineer shall direct the Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided. For the year of the project weeds shall be manually removed at intervals of not more than 30 days. All portions of the plant will be removed, including the roots. The weeds may not exceed 0.5 feet in height. The type, quantity, and method of herbicide application will be determined by the PCA who will inspect the site and write project recommendations and submit same for approval to the Engineer. A licensed qualified applicator (QAL) may work under the supervision of the PCA. The Engineer will direct the PCA and Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible. • • SP 23 OF 35 No herbicides shall be used on native vegetation or where Threatened or Endangered species occur. The Contractor shall coordinate with the Engineer to determine the presence of Threatened or Endangered species. The Contractor shall notify the Engineer at least 24 hours prior to each application of pesticide and shall indicate the hours of application. No application of pesticides shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved by the Engineer. Pesticides shall not be applied when weather conditions, including wind conditions, are unsuitable for such work. Wind velocities shall not exceed five miles per hour during application of herbicides. Target exotic vegetation to be controlled includes, but is not limited to, giant cane (Arundo donax). Annual grasses are expected to be present and the Contractor should make every effort to eradicate them; however, it is unreasonable to expect that annual grasses will not be present after the Plant Establishment and Maintenance Period. The Contractor will remove off -site all exotic plant material in a legally acceptable manner to a location that prevents its re- establishment. 308-4 PLANTING 3084.1 General. Add the following: "All plants of the same species and container size (i.e., the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction of the Engineer. The Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during the contract period. All plants shall be full -sized and shall have root systems at a fully developed state within the container. Hair roots should extend to the edge of the container. No plant shall be root - bound. Root balls may require scarification to the satisfaction of the Engineer. No boxed, balled or canned plants shall be planted if the ball is broken or cracked, whether before or during the process of planting. Any plant transplanted by the 0 0 SP 24 OF 35 Contractor that dies or has bark, branch or die -back injury shall be replaced at the Contractor's expense with an equal plant to the satisfaction of the Engineer. The Contractor shall not install planting as shown in the plans when it is obvious in the field that conditions exist which are detrimental to plant survival and growth. Such conditions shall be brought to the attention of the Engineer. No plants shall be transported to the planting area that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the act of placement. Any plant that, in the opinion of the Engineer, is dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at the Contractors expense. No planting shall be done in any area accordance with these Specifications satisfactory to the Engineer. until the area concerned has been prepared in and presents a neat and uniform appearance During the course of the construction phase of the Work the Contractor will not be held liable for death or damage to plant materials due to vandalism. Contractor will not be held liable for death or damage to plant materials due to floods, fires, or other damage beyond the Contractor's control. Contractor will submit product data of materials to be utilized for review and approval by the Engineer. Digital photos from the nurseries shall be submitted for all trees. All inspections herein specified shall be made by the Engineer. The Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the work: a) During preliminary grading and initial removal of existing plants. b) When 15- gallon plants are spotted for planting, but before planting holes have been excavated. c) When all specified work has been completed (prior to the Plant Establishment Period and Site Maintenance Period) d) Final inspection at the completion of the Plant Establishment and Site Maintenance periods. The Contractor's failure to obtain inspection will extend the start and /or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by the Engineer. 308 -4.5 Tree and Shrub Planting. Delete entire section and replace with the following: 0 . SP 25 OF 35 Planting done in soil that is too wet or too dry or not properly conditioned or in a condition not generally accepted as satisfactory for planting as provided in these Specifications, will not be accepted. Container stock shall be thoroughly watered the day before planting. No more plants shall be distributed in a planting area than can be planted and watered -in on that day. Trees and shrubs to be planted in areas to be seeded shall be planted before seed is applied. Planting holes may be excavated by hand digging or by drilling. Water shall not be used for the excavation of planting holes. The Contractor shall avoid creating smooth, vertical walls in the planting hole, and scarify the side of planting holes with shovel or digger bar if an auger is used. Partially fill the planting hole with friable native soil to one -inch (1 ") below the expected depth of the rootball. Plants shall be set in the backfill material in flat bottomed holes, to such a depth that, after the backfill has settled, the soil shall be even with the top of the root ball as shown on the Plans. If the backfill material settles below the top of the root ball after planting and watering, additional soil shall be added to bring the backfill even with the top of the root ball as shown on the Plans. With the palm of the hand covering the open end, upend the plant container. Carefully tap the container so the plant rests upside down on the hand leaving the rootball completely intact. Plants shall be removed from their containers in such a manner that the ball of earth surrounding the roots is not broken. Plants shall be planted and watered as hereinafter specified immediately after removal from their containers. Plant containers shall not be cut prior to delivery of the plants to the planting area. Examine the plant for a healthy root system. If there are signs of girdling, scarify the rootball. Before placing the container plant on the backfill, work the soil around the roots so that they are not compressed into a tight mass, but are spread and supported by the soil beneath them. Set rootball atop backfill so the root crown is slightly above finished grade. Fill remaining portion of planting hole with backfill. Be sure the crown is still slightly above grade. Construct a three -inch (3 ") high, hand - compacted earth berm, approximately 36 inches (36 ") in diameter, for a watering basin. 0 . SP 26 OF 35 Apply two inches (2 ") of mulch as top dressing within the entire watering basin. Mulch shall be of the size and type as specified in these Specifications. Mulch must not be placed directly against the main stem of the plant. Planting of D40, Supercell, Rosepot, and/or Liner Container Stock D40, supercell, and rosepot and /or liner plant stock will be placed in a hole measuring at least twice the diameter and depth of the container. Planting done in soil that is too wet, too dry, or not properly conditioned, as provided in these Specifications, or in a condition not generally accepted as satisfactory for planting will not be accepted. D40, supercell, and rosepot container stock shall be thoroughly watered the day before planting. No more plants shall be distributed in a planting area than can be planted and watered on that day. Trees and shrubs to be planted in areas to be seeded shall be planted prior to seed application. Planting holes may be excavated by hand digging, using a sharp- shooter or equivalent planting tool, or by drilling with a small auger to open a small hole to insert the plant. Water shall not be used for the excavation of planting holes. Avoid creating smooth, vertical walls in the planting hole. D40, supercell, and rosepot container stock will be planted in small holes adequate to accept the plant and rootball. Where rock or other hard material prohibits holes from being excavated to the depth specified, new holes shall be excavated and the abandoned holes shall be filled with the excavated material. Planting of Mule Fat and Willow Cuttings Trees and shrubs to be planted in areas to be hyroseeded shall be planted prior to hydroseed application. Collect cuttings from healthy plants within the vicinity. Although willows and mule fat can withstand extensive pruning, minimize the impact to individual donor plants and the plant community. Choose straight branches as much as possible so they will be easier to plant. The usual diameter that can be harvested with garden loppers is 1 inch, but the larger the diameter of the cutting, the better. The minimum length needed to have enough stored nutrients to survive is 18 inches, but cuttings should be 36 to 48 inches and can be 6 feet long if they need to be planted deep enough to reach year -round moisture. 0 i SP 27 OF 35 Make clean cuts so there are no split ends or torn bark. After the cutting is removed from the tree, cut off the side branches as close to the stem as possible. Cut the top of the stem straight and the bottom end at an angle indicating that end will go into the ground. This is very important if the cuttings are planted upside down they will not grow. Angling or sharpening the bottom will also allow the cuttings to be driven into the soil with more ease. Place cuttings immediately into water or cover them with a wet fabric until they are planted. Do not let them dry out. They can be stored for long periods if they are kept damp and cool. If the soil is fine, moist, and soft enough to drive the cutting into place without damage then no soil preparation is necessary. Simply use a wooden mallet to drive the cutting into the soil. If the soil is hard and the depth to year -round moisture is deep, planting holes may be excavated by hand digging, using a sharp- shooter or equivalent planting tool, or by drilling with a small auger to open a small hole to insert the plant. Water shall not be used for the excavation of planting holes. Avoid creating smooth, vertical walls in the planting hole. Where rock or other hard material prohibits holes from being excavated to the depth specified, new holes shall be excavated and the abandoned holes shall be filled with the excavated material. When planting cuttings will be planted in areas of wetted or irrigated soil and approximately 75 percent to 80 percent of the length of the cutting should be below the ground. If the upper end is damaged while driving it in with a wooden mallet, cut off the damaged portion with scissor -type loppers (anvil -types tend to crush one side of the stem) leaving 15 percent to 20 percent of the cutting length above ground. This placement minimizes water loss and helps prevent damage to roots. Two to four viable buds shall be exposed above grade. Soil to cutting contact should be maximized by tamping the soil around the hole. Watering basins and mulch depths will be limited by the available planting space. The Contractor may employ his /her discretion in the size of watering basins Watering All plants and seeds shall be hand watered immediately after planting. Water shall be applied until the backfill soil around and below the roots or ball of earth around the roots of each plant is thoroughly saturated. Where water is applied with a hose, a water 0 ! SP 28 OF 35 disbursement device or pressure- reducing device approved by the Biological Monitor shall be used. Under no circumstances shall the full force of the water from the open end of a hose be allowed to fall within the basin around any plant. Water shall be applied to plants as often and in sufficient amount as conditions may require to keep the plants in a healthy, growing condition during the life of the Contract. When watering does commence, it should be a deep watering and occur just enough to keep the plants alive. This holds especially true during the summer months when native plants are in their dormant phase." 308 -4.6 Plant Staking and Guying. Add the following: All trees shall be double- staked. 308 -4.6.1 Seed. Delete entire section and replace with the following: General Contractor may subcontract with a licensed hydroseed installer (hereinafter referred to as the Subcontractor) for hydroseed operations. The Contractor shall ensure that the Subcontractor will apply seeds, compost, mycorrhizal inoculum, and stabilizing compound conforming to these Specifications. Planting areas will be hydroseeded after the installation of container stock as specified in the Plans and Specifications. Hydroseeding will proceed after the Engineer has certified that the hydroseed site preparation work has been completed. Seed and other additives shall be uniformly applied to those planting areas as specified in the Plans and Specifications. Any weeds will be hand cleared by the Contractor prior to hydroseeding. The ground will be thoroughly wetted prior to hydroseeding. The Contractor will coordinate installation of the container plant stock with the Subcontractor to ensure that no damage will occur during hydroseeding of the site. Fiber Fiber shall be produced from virgin wood cellulose, and shall be free of synthetic or plastic materials. Fiber shall not contain more than seven - percent ash as determined by the Technical Association of the Pulp and Paper Industry (TAPPI) Standard T413, shall contain less than 250 parts per million of boron, and shall be otherwise nontoxic to plant or animal life. 0 0 SP 29 OF 35 Fiber shall have a water - holding capacity by weight of not less than 1,200 - percent. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Water content of the fiber before mixing into slurry shall not exceed 15- percent of the dry weight of the fiber. The percentage of water in the fiber shall be determined by California Test 226. Commercially packaged fiber shall have the moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied, and shall not stain concrete or painted surfaces. A Certificate of Compliance for fiber shall be furnished to the Engineer. Seed Seed shall conform to the provisions of Materials in these Specifications. Individual seed species may be measured and premixed prior to delivery by the seed supplier or in the presence of the Engineer. Seed not required to be labeled under the California Food and Agricultural Code shall be tested for purity and germination by a seed laboratory certified by the Association of Official Seed Analysts, or a seed technologist certified by the Society of Commercial Seed Technologists. Seed shall have been tested for purity and germination not more than one year prior to application of seed. Results from testing seed for purity and germination shall be furnished to the Engineer prior to applying seed. The seed specified on the Contract has been ordered and will be paid for by the Contractor. It is the Contractor's responsibility to arrange for delivery of the seed. Replacement seed must be purchased from the same seed supplier and must originate from the same collection sources as the original material. If additional seed is required, then arrangements shall be made with the seed company and the Biological Monitor to secure the material in a timely manner. Seed required to be labeled under the California Food and Agricultural Code shall be labeled by the vendors supplying such seed. Seed specified without a purity or germination requirement shall be labeled to include the name, date (month and year) collected, and the name and address of the seed supplier. Said seed, at the time of sowing, shall be from the previous or current year's harvest. SP 30 OF 35 All shipments of seed not accompanied by a valid California Nursery Stock Certificate shall be reported to the County Agricultural Commissioner at the point of destination for inspection and shall be held until released by the Commissioner. Seed shall be labeled and furnished in sealed standard containers. The seed shall not contain more than 0.5 percent weed seed by volume. Seed that has become wet, moldy, or otherwise damaged will not be accepted. Seed in broken or damaged containers will be rejected. The seed is available at S &S Seeds, P.O. Box 1275, Carpenteria, California 93014. Contact: Jody Miller, telephone number (805) 684 -0436. Mycorrhizal Inoculum Mycorrhizae shall not be stored in temperatures greater than 90 °F and no less than 32 °F or in direct sun. Mycorrhizae that have become wet, moldy, or otherwise damaged by extreme temperatures shall be rejected. Endomycorrhizal inoculum shall be ordered at least two weeks in advance of application to ensure availability. The Contractor must coordinate with the Engineer as to when the inoculum should be ordered. It is the responsibility of the Engineer to arrange for and finance delivery of the mycorrhizae. Mycorrhizal inoculum shall be applied at the rate of 8,900,000 live propagules per hectare (3,600,000 live propagules per acre) based on the guarantee of the supplier or an analysis returned by an independent laboratory. Endomycorrhizal inoculum shall be applied before or in the same application as the seeds. In no case shall endomycorrhizal inoculum be applied after the seeds. Inoculum must be applied within one hour of addition to the mixing tank. Compost for Hydroseeding Compost shall be derived from green material consisting of chipped, shredded or ground vegetation or clean processed recycled wood products, or a Class A, exceptional quality biosolids compost, as required by US EPA, 40 CFR, part 503c regulations, or a combination of green material and biosolids compost. The compost shall be processed or completed to reduce weed seeds, pathogens, and deleterious material and shall not contain paint, petroleum products, herbicides, fungicides, or other chemical residues that would be harmful to plant or animal life. Other deleterious material such as plastic, glass, metal, or rocks shall not exceed 0.1 percent by weight or volume. 0 SP 31 OF 35 A minimum internal temperature of 135 °F shall be maintained for at least 15 continuous days during the composting process. The compost shall be thoroughly turned a minimum of five times during the composting process and shall go through a minimum 90 day curing period after the 15 day thermophilic compost process has been completed. Compost shall be screened through a minimum 1/4 -inch screen. The moisture content of the compost shall not exceed 35 percent. Moisture content shall be determined by California Test 226. Compost products with a higher moisture content may be used provided the weight of the compost is increased to equal compost with a maximum moisture content of 35 percent. Compost shall be tested for maturity /stability with a Solvita Test Kit. The compost shall measure a minimum of 6 on the Solvita maturity /stability scale. Application The ratio of total water to total stabilizing emulsion in the mixture shall be as recommended by the manufacturer of the emulsion. Any mixture containing stabilizing emulsion when soil temperatures are below 40° F permitted to enter areas where mixtures applied. shall not be applied during rainy weather or Pedestrians or equipment shall not be containing stabilizing emulsion have been Materials shall be applied in two (2) separate applications. The first application as specified in the table below consists of the following mixture in the proportions indicated, shall be applied with hydroseeding equipment within 60 minutes after the seed and mycorrhizae have been added to the mixture: Material Lbs per acreage Fiber 2000 Non-Legume Seed Asspecified in the Plans Legume Seed Asspecified in the Plans Endom corrhizal Inoculum 3,600,000 propagules per acreage Compost 1500 The second application consists of the following mixture in the proportions indicated which shall be applied with hydroseeding equipment: Material Lbs per acreage Fiber 1500 Compost 2000 Stabilizing emulsion solids 180 Add the following section: 9 6 SP 32 OF 35 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT Delete the entire section and replace with the following: General After all planting is complete and approved by the Engineer in writing the 90 -day Plant Establishment period shall commence. After the Plant Establishment period is complete and approved by the Engineer in writing, the 60 -day Site Maintenance period will commence. Completion of the Site Maintenance period shall be confirmed in writing by the Engineer. Contractor shall maintain the project on a continuous basis from the first day after the planting is complete and approval for all Work has been obtained from the Engineer to start the 90 -day Plant Establishment and 60 -day Site Maintenance Period. Contractor shall request an inspection by the Engineer after plant installation for acceptance of the Work in writing. In the acceptance letter to the Contractor, the Engineer shall state the beginning and ending date of the Plant Establishment Period. Contractor shall provide all labor, materials and equipment to perform Work during the Post - Installation Plant Establishment and Site Maintenance Periods, as specified herein, including but not limited to, adequate watering of plant material, replacing dead and/or declining plant materials, and controlling weeds. Any day the Contractor fails to adequately water or perform work determined to be necessary by the Engineer will not be credited as part of the Plant Establishment and Site Maintenance Periods. The Contractor will not be held liable for damage to plant materials due to vandalism, floods, fires, or other damage beyond the Contractor's control. The Contractor shall replace any plants indicating weakness or probability of dying due to Contractor negligence during the Plant Establishment and Site Maintenance Periods at its expense. The Contractor shall be available within five (5) working days of request by the Engineer for replanting or any other maintenance activity Work determined to be necessary by the Engineer. The Plant Establishment Period or Site Maintenance Period may be extended by the Engineer if the project is improperly maintained, appreciable replacement is required, or other corrective work becomes necessary. Contractor shall request an inspection within the last five (5) working days of the Plant Establishment and Site Maintenance Periods for acceptance of the Work performed in accordance with the Contract Documents. The request shall be made to the Engineer a 0 6 SP 33 OF 35 minimum of five (5) working days prior to the date of the inspection. The Engineer shall notify the Contractor in writing of the satisfactory completion of the Plant Establishment and Site Maintenance Periods. General Maintenance Duties (90 -day Plant Establishment and 60 -Day Site Maintenance Periods) The following tasks to be performed by the Contractor as General Maintenance duties during the Plant Establishment and Site limited to: 1. Watering 2. Plant inspection 3. Weed control 4. Trash and debris removal 5. Plant replacement 6. Seed replacement Plant Inspection Maintenance Periods include, but are not All native plants shall be maintained in their natural shapes. No pruning is necessary or desirable. All dead wood must remain on the plant or where it has fallen. All basins around plants shall be maintained at constructed depths during the Plant Establishment Period, unless otherwise directed by the Engineer. The mulch within each watering basin shall be maintained at no less than two inches (2 ") unless otherwise authorized by the Engineer. Weed Control The project site shall be maintained free of weeds during the first 3 months of the Plant Establishment Period. Weed eradication will minimize competition that would prevent the establishment of native species. Maintenance personnel will be trained to distinguish weedy plant species from native vegetation to ensure that only weedy species are removed or sprayed with herbicide. During the Plant Establishment Period weeds shall be manually removed either before they can attain a height of six inches (6 ") or produce seed, whichever comes first. All portions of the plant will be removed, including the roots. If the site is not weeded within one week of achieving any of the above criteria, a penalty of liquidated damages equal to $500 per day will be imposed on the Contractor by the Engineer after the seventh day. 0 6 SP 34 OF 35 Pulled weeds will be placed on a "mantilla" to prevent the seeds from coming in contact with the ground, and removed from the project site on a daily basis. A cleared space, 18 inches from the base of the plant, will be maintained around each container plant to minimize competition from other plant species. Mulch, two inches (2 ") thick within the watering basin, will be maintained throughout the maintenance period following the same procedures described in these Specifications. Leaf and branch drop, and organic debris of native species shall be left in place. Annual grasses are expected to be present and the Contractor should make every effort to eradicate them; however, it is unreasonable to expect that annual grasses will not be present after the 90 -day Plant Establishment and Maintenance Period. Therefore, the project site shall have no more than 10% cover by weeds, including annual weeds, at the end of the 90 -day Plant Establishment Period. Trash and Debris Removal All areas of the project site shall be kept clean and free of weeds, litter, trash, and debris during the Post - Installation Maintenance Period. The project site shall be well maintained in order to deter vandalism and dumping of trash. Contractor shall, during daily routine maintenance, remove weedy debris, inorganic litter, trash, and other debris from the project site and dispose of off -site as permitted by law. Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall notify the Engineer regarding vandalism or dumping of trash immediately upon detection. Dead limbs and tree fall shall be left in place in the revegetation areas. Pest Control Contractor is responsible for monitoring trees and shrubs for signs of disease, insect and/or predator damage, and treating as necessary. Contractor shall repair and/or replace all damaged plants caused by rodents, disease, and /or insects. Badly damaged plants will be removed or pruned to prevent spreading of the pestilence and replaced in kind if removed. The City will pay for plant replacement associated with pests. Excessive foraging by predators may necessitate protective screening around plants. SP 35 OF 35 Plant Replacement Plants that show signs of failure to grow at any time, or which are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, shall be removed and replaced. Unless otherwise approved by the Engineer, the Contractor shall complete replacement of unsuitable plants within two weeks after notification. Replacement plantings shall conform to the species, spacing, and size requirements specified for the plants being replaced as indicated in the Specifications. Replacement plants shall be purchased from replacement stock inventory at a native plant nursery, as specified by the Engineer. Replacement plants shall be furnished and planted by the Contractor at Contractor's expense for the 90 -day Plant Establishment Period. Replacement plants shall be furnished and planted by the Contractor at the City's expense following during the 60 -day Site Maintenance Period unless it has been shown that it was poor maintenance on the part of the Contractor that caused the plants to die. Seed Replacement Hydroseeded areas showing less than 20 percent germination at 6 months, as determined by the Biological Monitor, and showing no signs of vandalism or erosion, will be reseeded by the Contractor at the Contractor's expense. Any reseeding necessary to improve sparsely covered areas will be conducted following the same procedures described in these Specifications. Such reseeding may be performed by hand broadcasting or Hydroseeding as determined by the Engineer. 308 -7 GUARANTEE. Delete entire section and refer to section 308 -6 F:IUSERS\PBMShared\ContractsTY 04- 05NORNING CANYON CHANNEL C35176id and Construction Contract Documents \SPECS 63517.doc • i C -3619 M REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CHRISTOPHER WYNKOOP AND JOY WYNKOOP AS INDIVIDUALS AND TRUSTEES OF THE WYNKOOP FAMILY TRUST AND CHARLOTTE WALTON AS AN INDIVIDUAL AND AS TRUSTEE FOR THE MENZIES FAMILY TRUST FOR CONSTRUCTION OF THE MORNING CANYON STABILIZATION PROJECT THIS REIMBURSEMENT AGREEMENT ( "Agreement"), is made and entered into on this 21" day of September, 2005, by and between: THE CITY OF NEWPORT BEACH, California, a Municipal Corporation, hereinafter referred to as "City ", and Christopher Wynkoop and Joy Wynkoop; as individuals and as trustees of the Wynkoop Family Trust, hereinafter collectively referred to as the " Wynkoops" and Charlotte Walton as an 'individual and as trustee of the Menzies Family Trust, hereinafter collectively referred to as the "Walton ". The . Wynkoops and the Waltons shall hereinafter be referred to collectively as the "Owners." The Owners and City are sometimes hereinafter individually referred to as "party" and hereinafter collectively referred to as "parties." RECITALS WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City; and WHEREAS, the Wynkoops are the owners of the real property located at 601 Rockford Road, Corona del Mar, California, APN 475 031 15, hereinafter referred to as the " Wynkoops Property "; and WHEREAS, the Waltons are the owners of the real property located at 515 Rockford Place, Corona del mar, California, APN 475 031 13, hereinafter referred to as the "Waltons Property ", (hereinafter the Wynkoops Property and the Waltons Property shall be collectively referred to as the "Owners Property "); and WHEREAS, the City is proposing to construct the project commonly known as the "Morning Canyon Stabilization Project" shown in Exhibit "A" which includes the clearing of vegetation, importing of fill, localized regrading of the canyon bottom, installing seven gabion structures, installing grouted rock at the end structure of the 42 -inch storm drain main, installing gabion slope protection at selected locations, broadcasting hydroseed in the canyon bottom, revegetating areas of the canyon and other appurtenant and incidental items of work (the "Project "); and WHEREAS, the parties previously agreed that to construct the Project, certain improvements to the Owners Property would need to be made for which the City would be reimbursed; and Page 1 of 10 WHEREAS, based on the Owners representation that the Owners would reimburse the City, the City did incorporate improvements to the Owners Property into the Project which improvements include excavating and dewatering for the gabion bank protection, installing gabion bank protection and backfilling behind the gabion bank protection as delineated and described in more detail as items 11, 12, 13 and 14 respectively on Exhibit B which is attached hereto and incorporated by this reference, hereinafter collectively referred to as the "Owner Improvements "; and WHEREAS, the estimated cost of constructing Owner Improvements is Two Hundred Seventy -One Thousand Two Hundred Sixty -Five Dollars and No Cents ($271,265.00), hereinafter referred to as the "Cost Estimate"; and WHEREAS, the Owners have agreed to fully reimburse the City for all costs associated with constructing Owner'Improvements even if said costs exceed the Cost Estimate; and WHEREAS, the City and Owners acknowledge that there is a risk in constructing the Owner Improvements in that the construction of the Owner Improvements may cause slope failures on the Owners Property and other damages to the Owners Property and other properties adjoining the Project area; and WHEREAS, the Owners have agreed to waive and release the City from all damages from the construction of the Owner Improvements including, but not limited to; slope failures or other acts of passive or active negligence; and WHEREAS, the Owners acknowledge and agree that the City is not guaranteeing that construction of the Project and Owner Improvements will prevent any damages to the Owner's Property including, but not limited to, slope failures or other damages and that the City is not assuming liability for any damages associated in any way with its construction of the Project and Owner Improvements; and WHEREAS, City has agreed to administer and manage the design and construction contracts for the Project subject to the conditions set forth below. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1: Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each party to this Agreement acknowledges and agrees that such party is bound by the same. Section 2: Elements of Agreement. City and Owners shall work cooperatively together so the Project can be constructed in a manner that minimizes the costs and impacts to the public. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Page 2 of 10 0 Section 3: City's Specific Obligations and Acknowledgements. A. City shall administer and manage the design and construction contracts for the Project. The City shall have the sole and absolute discretion as to all aspects of design and construction of the Project. The City shall be obligated to ensure that all necessary building permits to construct the Project are obtained. B. City acknowledges that the Owners intend to construct additional improvements on the upper portion of the slope to the pre -slope failure profile including, but not limited to, the construction of a retaining wall ( "Additional Owner Improvements "). The City acknowledges that the Additional Owner Improvements are not within the scope of the Project and that Owners are not prevented from constructing the Additional Owner Improvements by this Agreement. C. The City acknowledges that the Owners' plans for the Owner Improvements and Additional Owner Improvements ( "Owner Plans ") were modified to finalize the City's plans for the Project. The City shall reimburse the Owners for costs incurred by the Owners for modifications to the Owner Plans necessary to finalize the City's plans for the Project up to Three Thousand Seven Hundred Dollars and No Cents ($3,700.00) within fourteen days (14) of the City receiving an invoice from Owners for the modifications to the Owners Plans. Any reimbursement shall be paid to the Wynkoops and Waltons on an equal basis. Section 4: Owner's Specific Obligations. Owners shall: A. Reimburse the City for all costs associated with the construction of the Owner Improvements even if the costs exceed the Cost Estimate. The Waltons and Wynkoops shall split any cost of reimbursement on an equal basis. B. Concurrent with Owners execution of this Agreement, the Wynkoops and Waltons shall each tender a cashiers check made payable to the "City of Newport Beach" in the amount of One Hundred Thirty -Five Thousand Six Hundred Thirty-Two Dollars and Fifty Cents ($135,632.50) for a total of Two Hundred Seventy-One Thousand Two Hundred Sixty-Five Dollars and No Cents ($271,265.00), hereinafter referred to as the "Deposit ". The City shall maintain the Deposit in a separate account. The City shall have the right to withdraw funds to pay for the construction of the Owner Improvements as the Owner Improvements are constructed. The City in its sole discretion may at any time provide the Owners with written notice that additional funds must be placed on deposit with the City to cover actual or projected costs of constructing the Owner Improvements and the Owners shall have three (3) calendar days after receipt of this notice to deposit the additional funds with the City. Any additional deposit requested by the City shall be split between the Wynkoops and Waltons on an equal basis. Upon final completion of the Project, the City shall refund Owners funds on deposit with the City, if any, that were not necessary to pay for costs associated in any way with the construction of the Owner Improvements within fourteen (14) calendar days. Any refund shall be paid to the Wynkoops and Walton on an equal basis. Page 3 of 10 0 0 C. The Owners agree that the Cost Estimate is only an estimate and that extra work, changed conditions, differing site conditions or other factors may result in change orders increasing the cost of constructing the Owner Improvements. The Owner and City agree that, subject to the following conditions, Owners shall be liable for the cost of all change orders that relate in any way to the Owners' Improvements: 1. For any change order(s) requested by the City that modify the Plans and Specifications or character of work for the Owner Improvements, the City shall be required to obtain the Owners written consent prior to entering into said change order(s). The Owners shall be required to respond in writing within three (3) calendar days to any request by the City for consent to said change order(s). If Owners fail to respond in writing within said time, the Owners shall be deemed to have consented to said change order(s). The consent of Owners shall not be unreasonably withheld. 2. Besides adjustments in quantities discussed in section 4, subsection (C) 3 below, for any change order(s) requested by the City's contractor which relate in any way to the Owner Improvements, the City shall be required to request the Owners consent prior to entering into said change order(s). The Owners shall be required to respond in writing within three (3) calendar days to any request by the City for consent to said change order(s). If Owners fail to respond in writing within said time, the Owners shall be deemed to have consented to said change order(s). The consent of Owners shall not be unreasonably be withheld. If Owners consent to said change order(s), the City shall have the right to enter into said change order(s). If the Owners do not consent to said change order(s), the City shall have the right to enter into said change order(s) without the Owners consent; however, the Owners shall have the right to dispute whether said change order(s) was in fact related to the Owner Improvements and whether the cost of said change order(s) was reasonable. 3.. City shall have the sole and absolute discretion to increase or decrease the unit quantities for the Owner Improvements identified on Exhibit B as items 11, 12, 13, and 14 by an amount up to ten percent (10 %). For any increase or decrease of the unit quantities for the Owner Improvements identified on Exhibit B as items 11, 12, 13, and 14 that are in excess of ten percent (10 %), the City shall be required to request the Owners consent prior to approving an adjustment of the unit quantities. The Owners shall be required to respond in writing within three (3) calendar days to any request by the City for consent to said adjustment of the unit quantities. If Owners fail to respond in writing within said time, the Owners shall be deemed to have consented to said adjustment of the unit quantities. The consent of Owners shall not be unreasonably be withheld. If Owners consent to said adjustment, the City shall have the right to approve said adjustment. If the Owners do not consent to the adjustment, the City shall have the right to approve said adjustment without the Owners consent; however, the Owners shall have the right to dispute whether said adjustment was in fact related to the Owner Improvements and whether the cost of said adjustment was reasonable. 4. Except as otherwise provided herein, the City shall have the sole and absolute discretion to approve any change orders that the City determines are necessary and that relate in any way to the Project. Page 4 of 10 D. Owners agree to accept the Owner Improvements upon final completion of the Project provided that the Owner Improvements are constructed in accordance with requirements of the contract and any change orders entered into between the City and its contractor. After final completion of the Project, the City shall have no duty to repair, maintain, remove or take any other action associated in any way with the Owner Improvements. Section 5: Hold Harmless. To the fullest extent permitted by law, Owners shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, consultants, volunteers, agents, attorneys and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits; losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the Owner Improvements including, but not limited to, the construction of the Owner Improvements, the effects of the Owner Improvements, and/or the impacts caused by the Owner Improvements on any other person or property including, but not limited to adjoining properties and/or adjoining property owners; any representation or warranty set forth herein that is determined to be false; and /or Owners' presence or activities conducted on or about the Project (including the negligent and/or willful acts, errors and/or omissions of Owners, their principals, officers, agents, employees, vendors; suppliers, consultants, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Owners to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful . misconduct of the Indemnified Parties. The parties expressly agree that the design of the Owner Improvements was a collaborative effort among the parties and the City shall not be deemed to be solely negligent for the design of the Owner Improvements. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. Section 6: Waiver and Release of Liability: The Owners hereby acknowledge and agree as follows: A. THE OWNERS RECOGNIZE AND AGREE THAT: (1) CONSTRUCTION OF THE OWNER IMPROVEMENTS IS DANGEROUS AND CONTAINS RISK OF PERSONAL INJURY, DEATH, DISABILITY, OR PROPERTY DAMAGE OR LOSS INCLUDING BUT NOT LIMITED TO SLOPE FAILURES ON THE OWNERS PROPERTY AND /OR OTHER DAMAGES (HEREINAFTER "DAMAGES"); (2) THE CITY IS NOT REPRESENTING OR GUARANTEEING THAT CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS WILL PREVENT FUTURE. DAMAGES TO THE OWNERS PROPERTY; AND (3) THE CONSTRUCTION OF THE OWNER IMPROVEMENTS MAY RESULT IN FUTURE DAMAGES TO OWNERS PROPERTY OR OTHER ADJOINING PROPERTIES. Page 5 of 10 B. THE OWNERS RECOGNIZE AND AGREE THAT THEY HAVE BEEN FULLY INFORMED OF ALL ASPECTS OF THE PROJECT INCLUDING, BUT NOT LIMITED TO, THE CONSTRUCTION OF THE OWNER IMPROVEMENTS AND OWNERS EXPRESSLY APPROVE OF THE DESIGN FOR CONSTRUCTION OF THE OWNER IMPROVEMENTS. DESPITE THE POTENTIAL RISK OF DAMAGES TO OWNERS AS A RESULT OF THE CONSTRUCTION OF THE OWNER IMPROVEMENTS, EACH OWNER HAS DECIDED TO EXPRESSLY ASSUME THE RISK OF DAMAGES TO OWNERS CAUSED BY THE CONSTRUCTION OF THE OWNER IMPROVEMENTS. THE OWNERS UNDERSTAND AND AGREE THAT THEY ARE VOLUNTARILY AGREEING TO THE CONSTRUCTION OF THE OWNER IMPROVEMENTS. C. THE OWNERS HEREBY AGREE TO EXPRESSLY ASSUME RESPONSIBILITY AND LIABILITY FOR THE FOLLOWING RISKS: (1) RISK OF SLOPE FAILURES ON OWNERS PROPERTY CAUSED BY THE CONSTRUCTION OF THE OWNER IMPROVEMENTS; (2) RISK THAT THE PROJECT AND OWNER IMPROVEMENTS MAY NOT PROTECT OWNERS PROPERTY FROM FUTURE DAMAGES; (3) RISK THAT THE OWNER IMPROVEMENTS MAY CAUSE DAMAGES TO OWNERS PROPERTY OR OTHER PROPERTIES OR PERSONS INCLUDING, BUT NOT LIMITED TO, ADJOINING PROPERTIES AND ADJOINING PROPERTY OWNERS; AND (4) RISK OF PASSIVE OR ACTIVE NEGLIGENCE AND /OR OTHER ACT OR OMISSION THAT MAY RESULT IN DAMAGES. D. BY EXECUTING THIS AGREEMENT AND INITIALING BELOW THE OWNERS FOR THEMSELVES, THEIR HEIRS, OR ANYONE WHO MIGHT CLAIM ON THEIR BEHALF, AGREE NOT TO BRING ANY CLAIM, AND WAIVE, RELEASE AND DISCHARGE THE CITY OF NEWPORT BEACH, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, CONSULTANTS, ATTORNEYS AND EMPLOYEES FOR ANY DAMAGES, LOSSES, COSTS AND EXPENSE ARISING OUT OF OR RELATED IN ANY WAY TO THE OWNER IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, ALL LIABILITY FOR: (1) THE CONSTRUCTION OF THE OWNER IMPROVEMENTS; (2) ANY FUTURE DAMAGES CAUSED BY THE OWNER IMPROVEMENTS TO THE OWNERS PROPERTY OR OTHER PROPERTIES OR PERSONS INCLUDING, BUT NOT LIMITED TO, ADJOINING PROPERTIES AND /OR ADJOINING PROPERTY OWNERS; (3) THE FAILURE OF THE PROJECT AND OWNER IMPROVEMENTS TO PREVENT DAMAGES OF ANY NATURE; AND (4) ANY ACTIVE OR PASSIVE NEGLIGENCE OR ACT OR OMISSION BY THE .CITY, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, CONSULTANTS, ATTORNEYS AND EMPLOYEES. THIS RELEASE AND WAIVER EXTENDS TO ALL CLAIMS OF EVERY KIND OR NATURE WHATSOEVER FORESEEN OR UNFORESEEN, KNOWN OR UNKNOWN. EACH OWNER EXPRESSLY INTENDS THIS RELEASE TO BE EFFECTIVE, REGARDLESS OF WHETHER THE CLAIM OF LIABILITY IS ASSERTED IN NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF RECOVERY. Page 6 of 10 SEP -21-2005 13:14 OFFICE OF THE CITY ATTY 9496443139 P.08i11 E. EACH OWNER HAS READ, UNDERSTANDS AND AGREES TO THE WAIVER AND RELEASE OF LIABILITY. EACH OWNER UNDERSTANDS THAT BY THEIR SIGNATURE ON THIS AGREEMENT AND BY INITIALING BELOW, THAT EACH OWNER IS WAIVING FOR THEMSELVES RIGHTS, INCLUDING ANY RIGHTS THEY MAY HAVE AGAINST ,rHE CITY OF NEWPORT BEACH OR ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, OFFICIALS, AGENTS, VOLUNTEERS, CONSULTANTS, ATTORNEYS AND EMPLOYEES. 1 Christopher Wynkoop Joy Wynkoop Charlotte Walton Section 7 Irriprovements Constructed Byw„Owpers. Owners shall not construct or place any wall or structure that creates a water barrier across the Project area. Further, owners shall not construct or place any wall or structure that concentrates water flow entering the Project area without the express written permission of the City which may deny said request in accordance with Section 7(A) below. A. Before constructing or placing any wall or structure that concentrates water flow entering the Project area, the Owners shall be required to obtain the approval of the City which, in its sole discretion, may deny the request if the City determines that concentrating water flow would adversely impact flood control operations in the Project area, or the properties adjacent to the Project area. The Grantor shall provide any and all information; drawing sand other materials requested by the Director of the Public Works Department of the City of Newport Beach or his/her designee necessary to make said determination. B_ Any improvements permitted by the City which may be allowed shall be operated and maintained at no cost to the City. Section 8: Term. This Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or the Agreement is tenninated as set forth herein. Section 9: Notices, All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the Unitcd Statcs Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: Page 7 of 10 f I/ E. EACH OWNER HAS READ, UNDERSTANDS AND AGREES TO THE WAIVER AND RELEASE OF LIABILITY. EACH OWNER UNDERSTANDS THAT BY THEIR SIGNATURE ON THIS AGREEMENT AND BY INITIALING BELOW, THAT EACH OWNER IS WAIVING FOR THEMSELVES RIGHTS, INCLUDING ANY RIGHTS THEY MAY HAVE AGAINST THE CITY OF NEWPORT BEACH OR ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, OFFICIALS, AGENTS, VOLUNTEERS, CONSULTANTS, ATTORNEYS AND EMPLOYEES. Ch stopper W nkoop Charlotte Walton Section 7 Improvements Constructed By Owners. Owners shall not construct or place any wall or structure that creates a water barrier across the Project area. Further, owners shall not construct or place any wall or structure that concentrates water flow entering the Project area without the express written permission of the City which may deny said request in accordance with Section 7(A) below. A. Before constructing or placing any wall or structure that concentrates water flow entering the Project area, the Owners shall be required to obtain the approval of the City which, in its sole discretion, may deny the request if the City determines that concentrating water flow would adversely impact flood control operations in the Project area, or the properties adjacent to the Project area. The Grantor shall provide any and all inforination; drawing sand other materials requested by the Director of the Public Works Department of the City of Newport Beach or his/her designee necessary to make said determination. B. Any improvements permitted by the City which may be allowed shall be operated and maintained at no cost to the City. Section 8: Tenn. This Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or the Agreement is tenninated as set forth herein. Section 9: Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and shall be deemed received upon the earlier of. (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: Page 7 of 10 0 0 To City: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Public Works Director Facsimile: (949) 644 -3020 To Owners: Christopher Wynkoop Joy Wynkoop 601 Rockford Road Corona del Mar, California 92625 Facsimile (949) 851 -1740 Charlotte Walton 2133 E. Nicolet Phoenix, Arizona 85020 Facsimile (602) 264 -6140 Section 10: Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. Section 11: No Third Party Beneficiaries. This Agreement is entered into by and for the Owners and the City, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. Section 12: Entire Aueement/Interpretation. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Section 13: Waiver. A waiver of a breach of the covenants, conditions, or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions, or obligations of this Agreement. Section 14: Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment, which shall be signed by each Party. Section 15. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement. Section 16. Warranties and Representations. The Wynkoops represent and guarantee that the Wynkoop Family Trust is the sole owner of the Wynkoop Property and that the Page 8 of 10 Wynkoops are the trustees of the Wynkoop Family Trust and have the authority to enter into this Agreement. The Waltons represent and guarantee that the Menzies Family Trust is the sole owner of the Walton Property and that Charlotte Walton is the trustee of the Menzies Family trust and has the authority to enter into this Agreement. Section 17. Termination. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting parry fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate. the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Owners. Section 18. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original and all of which shall constitute an agreement to be effective as of the date set forth above. Further, signatures transmitted and memorialized by facsimile shall be deemed to have the same weight and effect as an original signature. The parties may agree that an original signature will be substituted at some later time for any facsimile signature. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 10 SEP -21-2005 13:15 OFFICE OF THE CITY ATTY 9496443139 P.11i11 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. APPROVED AS TO FORM City Attorney CITY OF NEWPORT BEACH By Mayor ATTEST_ BY City Clerk OWNERS LIM Christopher Wynkoop as an individual and as trustee of the Wynkoop Family Trust By Joy Wynkoop as ari individual and as ttwtce f the Wynkoop Family Trust BY �� � Charlotte; Walton as an individual and as trL►stee of the Menzies Family Trust [ENA SIGNATURES] Page 10 of 10 TOTAL P.11 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. APPROVED AS TO FORM City Attorney CITY OF NEWPORT BEACH By k04jrJ+�M.J 0 ayor ATTEST: By City Clerk OWNERS By r'_Z1 v7r Christo ynkoop s an individual and as trustee of the Wynkoop Family Trust By JofVynkoop as ar ndividual and as trustee of the Wynkoop Family Trust Charlotte Walton as an individual and as trustee of the Menzies Family Trust [CND SIGNATURES] Page 10 of 10 >41 tZ 0-4 pq E� > Z / / % N \\ \ \ \ /I /' I -< •\ \1 \ ; / IRV PPS -A EXHIBIT B: Morning Canyon LL- ROCKFORD RD Stabilization Project-2005 //A rs i� W TITLE: Morning Canyon Stabilization Project CONTRACT NO.: C -3517 ENGINEER'S ESTIMATE: $810,000.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - City Hall DATE: 0813012005, 2 PM. BY: Bob Stein A See Note 3 Note 1: Corrected from $100,964 to $9,976. Note2: This is the amount assessed to 601 Rockford Road and 515 Rockford Place. It includes Bid Items 11 -14. Note 3: Pazargad requested to withdraw its bid due to the bid error for Item 8. This request is granted. Sunquest is now the Low Bidder. fauserslpbwLsharedlwntmctl00- 01 11BID SUMMARY .Xls See Note 2 -> $271,265.00 Page 1 En ineer's Estimate S.P. Pazar ad Constructon Sun quest General Engineering ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 1 $18,608.00 Traffic Control 1 LS 5,000.00 Construction Survey Staking 1 LS 15,000.00 Clear and Grubbing 1 LS 25,000.00 Gabion Grade Control Structures 995 CY 300.00 Unclassified Fill 2,000 CY 60.00 Grouted Rock Riprap 70 CY 150.00 18 -Inch RCP Storm Drain 58 LF 200.00 Salvage and Relocated Chain Link Fence 20 CY 20.00 8' Wrought Iron Fence. and Two Gates 68 EA 70.00 Dewatering (for gabion bank probction only) 1.0 LS 5,000.00 Excavation for Cabion Bank Protection Struct 2,480.0 CY 20.00 Gabion Bank Protection Strictures 700 CY 260.00 Benched Backfill for Gabion Bank Protection 1,595 CY 25.00 15- Gallon Plant Material 35 EA 100.00 36 -Inch Box Plant Material 1 EA 1,000,00 Rooted Cutting Plant Materal 585 EA 1.00 D-40 Plant Material 60 EA 2.10. Hydroseed 42,230 SF 0.20 Salvage and Relocate Oak Tree 1 EA 500.00 Establishment & 60-day Maintenance 1 EA 10,000.00 Total F7EE $18;608.00 $48,000.00 $48,000.00 $65,000.00 $65,000.00 2 5,000.00 25,000.00 25,000.00 25,000.00 25,000.00 3 15,000.00 5,200.00 5,200.00 6,000.00 6,000.00 4 25,000.00 18,000.00 18,000.00 15,000.00 15,000.00 5 298,500.00 225.00 223,875.00 190.00 189,050.00 70,000.00 6 120,000.00 32.00 64,000.00 35.00 7 10,500.00 180.00 12,600.00 400.00 28,000.00 8 11,600.00 172.00 9,976.00 < -See Note 1 178.00 10,324.00 9. 400.00 132.00 2,640.00 150.00 3,000.00 10 4,760.00 180,00 12,240.00 1 400.00 27.200.00 11 5,000.00 12,000.00 12.000.00 13 000 00 ;z #u' OStt3<Da 12 49,600.00 24.00 59,520.00 28.00 ;1 4A:i3iD0 13 182.000.00 225.00 157,500.00 19000 14 39.875.00 38.00 60,610.00 3500 15 3,500.00 150.00 5,250.00 150.00 5,250.00 1;000.00 290.00 290.00 1,500.00 1;500.00 585.00 7.10 4,153.50 7.00 4,095.00 126.00 75.00 4,500.00 75.00 4,500.00 M90-Day 8,446.00 0.15 6,334.50 0.15 6,334.50 500.00 4,880.00 4,880.00 15,000.00 15,000.00 10,000.00 52,500,00 52,500.00 50,000.00 50,000.00 $810,000.00 LOW $789,069.00. 2ND $796,518.50 A See Note 3 Note 1: Corrected from $100,964 to $9,976. Note2: This is the amount assessed to 601 Rockford Road and 515 Rockford Place. It includes Bid Items 11 -14. Note 3: Pazargad requested to withdraw its bid due to the bid error for Item 8. This request is granted. Sunquest is now the Low Bidder. fauserslpbwLsharedlwntmctl00- 01 11BID SUMMARY .Xls See Note 2 -> $271,265.00 Page 1 • E • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT rr. • C-361+ ooltn° ate) Agenda Item No. 9 September 13, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Bob Stein, P.E. 949- 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: MORNING CANYON STABILIZATON PROJECT - AWARD OF CONTRACT NO. 3517 RECOMMENDATIONS: 1. Approve the drawings and specifications 2. Adopt the attached Resolution finding that the conditions in Morning Canyon constitute an emergency situation and that staff is directed to move forward with the Morning Canyon Stabilization Project so work can be completed in advance of the rain season and continue working with California Coast Commission staff to secure a Coastal Development Permit and make their best efforts to incorporate the conditions of the permit into the ongoing project. 3. Award Contract No. 3517 to Sunquest General Engineering for the Total Bid Price of $796,518.50, and authorize the Mayor and the City Clerk to execute the contract. 4. Authorize the City Manager to enter into a contractual reimbursement agreement with the owners of 601 Rockford Road and 515 Rockford Place for their share of the proposed improvements and obtain a deposit of $300,000 from the owners. The agreement will also contain a waiver /release. Establish an amount of $60,000 to cover the cost of unforeseen work. 6. Approve Geotechnical work in the amount of $10,000. DISCUSSION: On March 9, 2004, City Council authorized a professional services agreement with RBF Consulting to prepare a stream stabilization and canyon restoration .study. This year long process involved research, the preparation of conceptual plans, working with permitting agencies, and coordination with the adjacent property owners. On March 22, 2005 a Study Session was held to review the complex issues in Morning Canyon. (See the attached Study Session Memo.) Later that evening at the Council Meeting, Council authorized RBF Consulting to proceed with preparation of final construction documents, Subject: Morning Canyon StOtion Project - Award of Contract No. 3517 September 13, 2005 Page: 2 permit applications and easement agreements for the Morning Canyon Stabilization • project. Since that approval, Staff and RBF worked diligently to prepare plans and specifications with the goal of providing a completed project before the next rainy season. Upon plan completion, applications were made to the appropriate agencies and efforts to secure the necessary easements began. Contractors with appropriate gabion construction experience were pre - qualified to expedite the bidding process and disqualify lesser experienced contractors that may have difficulty completing the project before the next rainy season. Project Work The work necessary for the completion of this contract consists of two Project Tasks. Project Task 1 includes clearing and grubbing, dewatering and surface water control, constructing seven rock - filled gabion grade control structures, a rock - filled gabion bank protection structure, placing unclassified fill, grouted rock riprap, storm drain extensions, fencing, sediment and erosion control, dust control and all other work as required to bring the canyon into readiness to accept storm water flows. Project Task 2 work includes slope backfill, installing fencing, planting of various California native shrubs and trees, hydroseeding, and other landscaping tasks. Following completion of Project Tasks 1 and 2, there is a plant establishment and maintenance item of work. Also included in this project is the construction of a slope buttress which is necessary • for the repair of a previous private property slope failure at 601 Rockford Road and 515 Rockford Place. The estimated cost for the installation of the gabion slope buttress and associated work is $271,265. If authorized by Council, staff will enter into a contractual reimbursement agreement with these owners and obtain a deposit of $300,000 to cover the anticipated costs. The reimbursement agreement will include a waiver of liability for the work performed by the City for these property owners. Easements Staff has worked closely with the adjacent property owners and has secured all of the required easements and agreements that provide for the City's authority to construct and maintain the canyon stabilization project. Five temporary construction easements from property owners have also been obtained. The owner at 601 Rockford Road is working with staff to obtain a sixth construction easement from the owner at 607 Rockford Road that is needed for building the slope buttress at 601 Rockford Road. Since this easement is needed for the private slope repair, it will not delay the City's canyon stabilization project. If the sixth easement is not secured, staff will reduce the amount of private slope repair work and the owners at 601 Rockford Road and 515 Rockford Place will assume the responsibility of completing the work in conjunction with their slope repair project. City staff has met with The Irvine Company and is working to complete an entry agreement for access into the canyon via the Pelican Hill Golf Course. • Subject: Morning Canyon Stabiliz*Project - Award of Contract No. 3517 September 13, 2005 Page: 3 • Permits Four permits from jurisdictional agencies are required: • California Department of Fish and Game has issued a draft permit approving the project and only conditioning the project to have an approved hydroseed mix. The 1602 Streambed Alteration Agreement will be issued September 21, 2005. • The Regional Water Quality Control Board (RWQCB) has approved the project and is in the process of issuing the 401 Water Certification Permit. • The Army Corps of Engineers has approved the project and will issue the 404 Nationwide Permit once the RWQCB 401 Water Certification Permit and the Coastal Development Permit have been issued. • The California Coastal Commission (CCC) staff has deemed our application complete and has agendized our project for Commission review on October 12 or 13, 2005. CCC Staff will be issuing its recommendations no later than September 27, 2005. Proiect Schedule While we believe that our design team has expedited this project to the best of our • ability, the current Coastal Commission process will not allow us to secure a permit in sufficient time to complete the gabion construction (phase 1) of the work before the expected peak of the rainy season. City staff met with CCC staff on August 16 and discussed the distinct possibility that the City Council will direct City staff to proceed with this project on an emergency basis prior to receiving the Coastal Development Permit (CDP) from the CCC. CCC staff indicated that if the City must move ahead with the project without the CDP, the CCC may require alternative or additional mitigation measures and may assess penalties if the constructed project is not considered to be the best environmentally - sensitive solution. In essence, the CCC will conduct its analysis of the appropriate mitigation measures as if the Project had not been constructed. The ultimate determination by the CCC of what is the best environmentally - sensitive solution will be an item that is unresolved before the anticipated start of Project construction. RBF Consulting and City Staff think the proposed gabion system is indeed the best solution balancing engineering and environmental requirements. RBF has prepared and submitted a Feasibility Analysis to CCC staff that substantiates that conclusion. (See the attached June 10, 2005 analysis.) To substantiate the design team's concerns, staff retained Leighton Consulting, Inc. to prepare a risk assessment of the potential embankment failure for Morning Canyon (see attached). Their conclusion is as follows; "in general, it is our conclusion that within the stretch where manufactured fill comprises the major portion of canyon side, the landsliding risk is very high. Almost certainly, there will be massive Iandsliding even if the next rainy season produces moderate rain and stream flow. ". • Staff believes that it is imperative that the construction commence in a timely manner and complete prior to the peak rain season. Staff is wonting with the Contractor so that Subject: Morning Canyon Staftion Project - Award of Contract No. 3517 September 13, 2005 Page: 4 construction may commence on October 3, 2005. Several measures will be • implemented to expedite the project. The Contractor is required to work a six -day week. The Contract calls for a bonus of $2,250 per day for completing the Project Task 1 work ahead of the 50 consecutive working day period. Alternatively, the Contractor will be assessed $2,000 per day in liquidated damages for not completing the Task 1 work within 50 days and $250 per day for not completing the Task 2 work within 60 working days. If Council prefers to wait for the CCC to issue the Coastal Development Permit expected in mid- October, then Council should provide direction on whether to commence with the project this season (with the higher risk of rains due to a later construction start) or be delayed until Spring 2006 (with the risk of substantial erosion /landslides occurring during the rain season). Project Bid Prior to the bid period, using the pre - qualification process, the City advertised for contractors interested in bidding the project to submit a Statement of Qualifications to the City. Three contractors submitted a Statement of Qualifications: GCI Construction Inc., S.P. Pazargad Engineering Construction, Inc. and Sunquest General Contracting. All three contractors possessed the required California State Contractors License, had adequate gabion installation experience and were deemed qualified. At 2:00 pm on August 30, 2005 the City Clerk opened and read the following bids • (column 3) for this project: Bidder Opening Bid Corrected Bid Low S,P.Pazargad Engineering* $880,057.00 $789,069.00 2 Sunquest General Engineering $796,478.50 $796,518.50 * Bid Withdrawn by S.P. Pazargad At the bid opening, the apparent low bidder was Sunquest General Engineering. However, a detailed review of the bids found that S.P. Pazargad Engineering Construction, Inc. had misread the quantity for one of the bid items. Using the correct quantity and recomputing the bid amount significantly lowered Pazargad's bid such that they were the low bidder. Pazargad was contacted and asked if it would honor its unit bid price for the lower bid item quantity. Upon review, Pazargad said it could not and asked to have its bid withdrawn. Staff concurred that the error was an honest and understandable mistake and agreed to allow Pazargad to withdraw its bid. Therefore, Sunquest General Engineering is the low bidder. Sunquest's corrected bid amount of $796,518.50 is two percent below the Engineer's Estimate of $810,000. Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15333 pertaining to small habitat restoration projects. A Notice of Exemption was filed with the County Clerk on June 6, 2005. • Subject: Morning Canyon Stabilio Project - Award of Contract No. 3517 September 13, 2005 Page: 5 • Public Notice: Staff has periodically sent letters to property owners along Morning Canyon summarizing the status of the project. Several meetings have also been held with property owners at City Hall to discuss the project. Staff has also met with various property owners on site on numerous occasions and walked the project. Property owners have also been noted through the Coastal Development Permit application process regarding the project. Geotechnical /Survey Services: Geotechnical services will be provided by outside consultants per the On -Call Professional Services Agreement approved by Council on December 9, 2003. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description General Fund Private Contributions (Wynkoop/Walton Reimbursement} Prepared by: Bob Stein, P.E. Project Manager Attachments: Account Number Amount 7014- C5100805 $595,253.50 5100 -5864 $300,000.00 Total: $895,253.50 Submitted by: en G adum Public Widrks Director a. March 22, 2005 Study Session Report b. Project Location Map c. Bid Summary d. Feasibility Analysis prepared by RBF Consulting e. Declaration of Emergency Resolution f. Reimbursement Agreement with property owners at 601 Rockford Road and 515 Rockford Place g. Risk Assessment prepared by Leighton Consulting, Inc. • CITY OF NEWPORT BEACH . CITY COUNCIL STAFF REPORT Study Session Item No. March 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 -644 -3311 rstein @city.newport- beach.ca.us SUBJECT: MORNING CANYON RESTORATION PROJECT, C -3517 Introduction The Morning Canyon Stream Stabilization and Channel Restoration Study prepared by RBF Consulting (RBF) that you are receiving this evening, states that the erosion and slope failures in Morning Canyon have progressed to the point where damage to private improvements is a threat. This study recommends installation of engineered rock stabilization blankets (gabion) at strategic locations along the canyon bottom to forestall further erosion of the canyon bed which undermines the canyon slopes. If these measures are implemented before the next rain season, further erosion of the canyon bed will be prevented. Property owners on the canyon have turned to the City for help. As a practical matter, the City stands as the most reliable entity to act in the best interest of the community and it is appropriate for the City to guide the corrective process and to prepare a master plan for drainage, restoration, and water quality for this channel. Project History The stability of Morning Canyon has been affected by actions in the canyon that have occurred over the past fifty years. The following timeline highlights major events in the canyon's history as based on information obtained from staff, property owners, consultants, and canyon reports. A more detailed recount of events follows. 1950-1980 Cattle grazing activities occur in hills of Newport Coast resulting in increase in canyon bed elevation 1959 Substantial grading activities for Cameo Highlands Development occur 1960 City incorporates Cameo Highlands 1980's Arundo donax invades canyon streambed disrupting flow pattern 1990 Construction begins on Pelican Hills Golf Course and housing developments EXHIBIT A • • SUBJECT: MORNING CANYON RORATION PROJECT, C -3517 • March 22, 2005 Page 2 1992 Significant increase in dry- weather flows entering Canyon 1997 Massive failure of canyon slope at 607 Rockford Road (Wynkoop Slope) 2000 City staff identifies severe scour hole at 615 Rockford Road 2002 Rivertech completes concept -level stability analysis of canyon 2004 RBF hired to prepare Stream Stabilization and Canyon Restoration Study Prior to construction of the Cameo Highland tract, this area was drained by two canyons, Surrey Canyon flowing into Morning Canyon from the east, and Morning Canyon flowing to the ocean. At the confluence of two canyons, 2/3 of the flow was carried by Surrey Canyon and the remainder by Morning Canyon. Over a thirty-year period beginning in the 1950's, grazing activities and removal of natural vegetation in the upper watershed disrupted the soil and a surplus of material was washed into the canyon by storm water runoff. This surplus of material allowed several feet of sediment to accumulate in the canyon bottom. and created a broadly rounded channel in the 1980's. The fill slopes (Cameo Highlands) have experienced failures on various occasions on several properties, including a report of a slope failure as early as 1977 (Lockwood -Singh & Associates, 1999). In the late 1950's, with the grading of the Cameo Highlands tract, the canyon that crossed the tract, Surrey Canyon, was filled and a 51 -inch storm drain was installed across the tract with the outlet about 250 feet north of the mouth of the now filled • Surrey Canyon. Two 18 -inch storm drain lines, one from Rockford Road and one from the Rockford Place cul -de -sac, were constructed and drain to Morning Canyon. A high slope on the east bank of Morning Canyon was created which partially intruded into the natural flowline of Morning Canyon. Slope grading and compaction would have been inspected by the County and would have been performed in accordance with the standards in force at that time. After completion of construction of the tract, the City accepted the tract in 1960. The tract map includes a 22 -foot easement along the western boundary of the tract for storm drain purposes. This easement is largely located on the fill slope. It is anticipated that this easement was required and granted to allow for the construction of a future storm drain facility in the event that the upstream properties were developed. The giant reed, Arundo donax, invaded the canyon bottom in the 1980's. Arundo and other dense vegetation in the channel bottom are contributing factors to the degradation of the channel. The heavy vegetation in the center of the canyon forces flood flows to run along the banks of the canyon. Erosive scour areas form along the toe of slope that will eventually undermine the slope and cause it to fail. Dramatic changes occurred when grading for the Pelican Hill Golf Course and housing developments commenced. Pictures of flood flows coming off the denuded slopes in 1990 show large amounts of muddy water flowing down the channel, a dramatic change from previous years. Two detention basins at the northern boundary of Cameo • Highlands (one on Morning Canyon and one at 'Surrey Canyon') became operational in 1991. The detention basins, designed per approved regulatory standards, reduced the SUBJECT: MORNING CANYO T ORATION PROJECT, C -3517 March 22, 2005 Page 3 peak flows from large storms while increasing the duration of storm flows through the • canyon. More importantly from the standpoint of canyon stability, the beneficial transport of upstream sediment into the canyon was reduced by approximately 50 percent as estimated by Moffatt & Nichol Engineers. As a result, the clearer water entering the canyon within Cameo Highlands picks up sediment from the canyon bottom accelerating the natural canyon erosion process. The reduction of sediment supply to Morning Canyon is especially significant as this . canyon is steep enough to force storm water runoff to move at a sufficiently high velocity to erode the channel bottom. Over time, this erosion creates deep incisions in the channel bottom. Prior to the construction of the golf course and detention basins, this naturally occurring erosive condition was counteracted in Morning Canyon by sediment washing into the canyon from the upstream grazing areas. With the construction of the golf course, the replenishing supply of sediment was reduced and erosive forces created an incision in the canyon bottom. With the formation of the incision, the erosive process accelerated because flood flows were now concentrated within the incised channel. The deepening incision is what motivated many property owners to act by reinforcing slopes with rock and concrete structures. These activities were ineffective. The rapid destabilization of the canyon became evident in the winter of 1997 -1998 when this area experienced above average rainfall and significant individual storm events. These storms and the resultant storm water runoff accelerated erosion and • entrenchment, and general degradation of the canyon particularly in the portion of the channel adjacent to the Wynkoop and Walton properties (601 Rockford Road and 507 Rockford Place respectively). Canyon downcutting and undercutting processes, along with surface failures associated with heavy rainfall directly on the slope, caused the Wynkoop/Walton slope to fail. In 2000, Staff discovered a deep scour hole approximately 120 -feet upstream of the Wynkoop property. Prior to the 2004/05 winter storms, continued downcutting has caused additional erosion pushing the drop in the canyon bed approximately 30 feet upstream to the outlet structure of the 51 -inch storm drain. The unusually high rainfall this season has caused the downcutting to progress another 50 feet and has now reached the stormdrain outlet structure. While it appears the 51 -inch storm drain outlet structure will not be undermined this season, this severe erosion has resulted in surface erosion (sloughing) of the Patterson slope (621 Rockford Road) including the loss of a mature tree. Additionally, the McCabe slope (615 Rockford Road) appears on the verge of sloughing. Finally, many people have noted that there is now a continuous flow of water coming down Morning Canyon due to upstream irrigation and wash -down activities. With the upstream development of the golf course and houses, there has been an increase of dry- weather flows into Morning Canyon. While the velocities are too low to cause any significant erosion, these flows do maintain a saturated condition in the canyon bottom • that potentially facilitates erosion during storm flows due to the reduction of interparticle SUBJECT: MORNING CANYON R•RATION PROJECT, C -3517 March 22, 2005 Page 4 • cohesion. Additionally, this nuisance runoff transports pollutants, fertilizer and pesticide residues into the channel. The fertilizer and pesticide residues have most likely accelerated the vegetative growth in the canyon. The City on at least two occasions has cleared the bottom of the canyon of foliage and debris to prevent materials from being washed down to Coast Highway and potentially blocking the culvert under the highway. Of the actions that occurred over the past 50 years which finally resulted in altering stream stability in a negative manner for residents along the canyon, the most important factors were: 1. Loss of sediment re- supply due to upstream housing and golf course development including detention facilities. 2. Grading steep slopes that encroached into the canyon during the development of Cameo Shores 3. Diversion of Surrey Canyon flow upstream to a 51 -inch storm drain constructed as part of the Cameo Highlands development Less important, but contributing factors include: • Invasion of the Arundo • Certain property owner encroachments including fencing, weir, and rip -rap • Year -round low flow which saturates the canyon bottom • • Clearing activities in the canyon bottom • The design of certain storm drain and detention basin outlet structures were based upon older design standards that have since been updated due to advances in drainage science. • Climatic changes in rainfall intensity and durations (record rainfalls and storm events in 1982/83, 1992/93, 1997/98 and this year) Issue at Hand On March 9, 2004, Council approved a Professional Services Agreement for RBF to prepare 1) a stream stabilization and canyon restoration study and 2) final construction documents, environmental documents, permits and easements for the stabilization project. Council approved proceeding with Phase 1 and reporting back to Council at the completion of this task with recommendations. The City has reviewed RBF's report and recommendations composed of the following key components: • Clearing non - native vegetation from the canyon bottom; • Importing soil to fill scour areas of the canyon; • SUBJECT: MORNING CANYO TORATION PROJECT, C -3517 March 22, 2005 Page 5 • Installing seven gabions at strategic locations along the streambed designed to protect the canyon from dangerous erosion from storms up to the 100 -year storm event; and • Planting drought tolerant, Fire Department approved landscaping in the canyon bottom. The preliminary cost estimate prepared by RBF is $825,000 which includes a 25% contingency. Maintenance of the stabilization and erosion control structures and the native landscaping is estimated at $5000 per annum. Staff is recommending approval of a professional services amendment with RBF at tonight's meeting for Phase 2 so the final construction document, environmental documents, permits and easements can be prepared. The schedule calls for these documents to be completed by July 2005 such that construction can proceed in the Fall of 2005. Prepared by: Robert Stein, P.E. Principal Civil Engineer Submitted by: Stephen G. Badum Public Works Director • • ✓ v t / c / ya / � r W A, %� ate ►�I eyo _ Goff Course Sir � R Vr F,'\ ✓ v t / c / ya / � r W A, %� ate ►�I eyo Sir � R Momfng Canyon Loc tlm Map COEYCiG -- Eirol E�wnFeoeM rVga' rVAp.rn yn� D m x x w n TITLE Stabilization CONTRACT NO.: ENGINEER'S ESTIMATE: E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: DATE: BY: Bob Stein 11 City Clerk's Office - City Hall 08/30/2005, 2 PM ASee Note 3 Note 1: Corrected from $100,964 to $9,976. Note2: This is the amount assessed to 601 Rockford Road and 515 Rockford Place. It includes Bid Items 11 -14. Note 3: Pazargad requested to withdraw its bid due to the bid error for Item 8. This request is granted. Sunquest is now the Low Bidder. f: \users \pbw\ shared \contract100 -01\ \BID SUMMARY .xis See Note 2 - -> $271,2bb.U(4W Page 1 Engineer's Estimate S.P. Pazargad Construction Sunquest General Engineering ITEM DESCRIPTION QUANTITY NI UT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS $18,608.00 Traffic Control 1 LS 5,000.00 Construction Survey Staking 1 LS 15,000.00 Clear and Grubbing 1 LS 25,000.00 Gabion Grade Control Structures 995 CY 300.00 Unclassified Fill 2,000 CY 60.00 Grouted Rock Riprap 70 CY 150.00 18 -Inch RCP Storm Drain 58 LF 200.00 Salvage and Relocated Chain Link Fence 20 CY 20.00 8' Wrought Iron Fence and Two Gates 68 EA 70,00 Dewatering (for gabion bank protection only) 1.0 LS 5,000.00 Excavation for Gabion Bank Protection Struct 2,480.0 CY 20.00 Gabion Bank Protection Structures. 700 CY 260.00 Benched Backfll for Gabion Bank Protection 1;595' CY :25.00 15- Gallon Plant Material 35. EA 100.00 36 -Inch Box Plant Material 1 EA 1,000.00 Rooted Cutting Plant Material 585 EA 1.00 D -40 Plant Material 60 EA 2.10 Hydroseed 42,230 SF 0.20 and Relocate Oak Tree 1 EA 500.00 90 -Day Establishment & -60 -day Maintenance 1 EA 10,000.00 Total EE $18,608.00 $48,000.00 $48,000.00 $65,000.00 $65,000.00 2 5,000.00 25,000.00 25,000.00 25,000.00 25,000.00 3 15,000.00 5,200.00 5,200.00 6,000.00 6,000.00 4 25,000.00 18,000.00 18,000.00 15,000.00 15,000.00 5 298,500.00 225.00 223,875.00 190.00 189,050.00 6 120,000.00 32.00 64,000.00 35.00. 70,000:00 7 10,500,00 180.00 12,600.00 400.00 28,000.00 8 11,600.00 172.00 9,976.00 < -See Note 1 178.00 10,324.00 9 400.00 132.00 2,640.00 150.00 3,000.00 10 4;760:00 180.00 12,240.00 400.00 27,200.00 11 5,000.00 12,000.00 12,000.00 13,000.00 ;3,'00000 12 49,600.00 24.00 59,520.00 28.00 13 182,000.00 225.00 157,500.00 190.00 1WtObi,Q0 14 39,875.00 38.00 60,610.00 35.00 U 55W5i00 15 3,500.00 150.00 5,250.00 150.00 5,250.00 1,000.00 290.00 290.00 1,500.00 1,500.00 585.00 7.10 4,153.50 7.00 4,095.00 126.00 75.00 4,500.00 75.00 4,500.00 d2Salvage 8,446.00 0.15 6,334.50 0.15 6,334.50 500.00 4,880.00 4,880.00 15,000.00 15,000.00 10,000.00 52,500,00 52,500.00 50,000.00 50,000.00 $810,000.00 LOW $789,069.00 2ND $796,518.50 ASee Note 3 Note 1: Corrected from $100,964 to $9,976. Note2: This is the amount assessed to 601 Rockford Road and 515 Rockford Place. It includes Bid Items 11 -14. Note 3: Pazargad requested to withdraw its bid due to the bid error for Item 8. This request is granted. Sunquest is now the Low Bidder. f: \users \pbw\ shared \contract100 -01\ \BID SUMMARY .xis See Note 2 - -> $271,2bb.U(4W Page 1 0 0 Feasibility and Alternatives Analysis 10 Morning Canyon Stabilization and Restoration Project PROJECT DESCRIPTION 1.1 Project Location The Morning Canyon Channel project site is located within the City of Newport Beach, Orange County. The channel runs through the study reach in a southwest direction from the northern boundary (outlet from Pelican Hills Golf Course Detention Basin), to an existing reinforced concrete box (RCB) culvert on Pacific Coast Highway (PCH). The creek itself is a natural drainage system that has an urbanized tributary drainage area of approximately 365 acres at the PCH Culvert. The creek is in an unimproved condition through the entire reach of the project site, and has been recently experiencing significant erosion and degradation. The project site is bounded by existing residential developments on both sides of the creek. The Corona Highlands development is to the northwest, and the Cameo Highlands development is located to the southeast. The downstream limit of the canyon is at Pack Coast Highway. The upstream limit is an existing storm water detention basin constructed as part of the Newport Coast development. The creek discharges to the ocean approximately one - quarter mile south of the project site. 1.2 Project Applicant • This Analysis will support an application for a CDP issued by the CCC. The formal application will be filed by the following party, herein reference to as the Applicant: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Contact: Mr. Robert Stein 9491644 -3322 1.3 Project Description (Original Project) Proposed Project Improvements: The proposed project includes the reconstruction and restoration of Morning Canyon channel through the use of grade control structures. Seven (7) grade control structures are proposed along the canyon to restore the stream invert to its original grade, and to establish an equilibrium slope to prevent future erosion and bank failures. The grade control structures are proposed to be rock - filled gabion baskets. Each structure would include a 3 -foot vertical drop height, and a length of approximately 35 feet. The banks of the gabion structures vary from 5- to 6 -feet in height, and are designed to contain the flow from a 100 -year frequency storm event. The voids in the rock - filled gabion baskets are proposed to be backfilled with soil and re- vegetated to restore the canyon to a more • natural channel system. Feasibility Analysis - 1 - June 10, 2005 EXHIBIT D • The project includes the use of approximately 800 cubic yards of earth fill to restore the canyon invert to its previous elevations, and approximately 910 cubic yards of rock - filled gabion baskets to form the 7 grade control structures. Future Maintenance Activities: Future maintenance activities for the proposed project are anticipated to be very minor, and would generally include the following: 1. Annual inspections of the grade control structures 2. Inspections after Major storm events 3. Routine general maintenance would include: a. Debris and exotic vegetation removal b. Minor repairs to the wire mesh of the gabion baskets 4. Non - routing maintenance and repair would include: a. Repair items identified during periodic inspections 5. Emergency repair work Constructing Phasing and Maintenance Access: Construction of the Morning Canyon Channel restoration is anticipated to occur from September 2005 — November 2005. Construction staging and equipment storage shall occur along Surrey Drive and the adjacent open space /park areas. • Temporary Construction Access: Construction of the proposed project would occur from the north end of the project site. Access to the site will occur from Surrey Drive along an existing ingress /egress easement previously dedicated to the City of Newport Beach. Implementation of the project will require permanent and temporary easements for the adjacent property owners. A 22 -foot drainage easement is currently dedicated from the properties along the southern side of the canyon. Additional easements will be obtained from properties on both sides of the canyon. A temporary construction access road is proposed to be graded to the channel invert within the existing ingress /egress easement. The access road is proposed to be a bladed earthen road that would be allowed to revegetate after construction. • Long -Term Maintenance Access: Long -term access for maintenance operations is proposed to occur within the existing ingresslegress easement. Annual inspections and minor maintenance would include pedestrian access only. Major maintenance activities, if required, would require reconstruction of the bladed earthen roadway installed during the initial construction activities. Feasibility Analysis .2. June 70, 2006 10 0 2.0 PURPOSE OF THE PROPOSED PROJECT 0 2.1 Project Background /Need Morning Canyon was a natural stream located in the Newport Coast watershed area. The canyon extends from the Pacific Ocean upstream to the Pelican Hills Golf Course. The upper canyon includes the reach from Pacific Coast Highway to the Pelican Hills Golf Course, and is referred to as the "project reach." The upper canyon is bounded by the Corona Highlands development to the north, and the Cameo Highlands development to the south. The property lines for each of the developments generally extend to the centerline of the canyon stream. The Cameo Highlands and Corona Highlands developments were constructed in the 1950's. The construction of the Cameo Highlands development included the placement of fill adjacent to the creek for the creation of residential lots. The fill was placed at a slope of 1.5 horizontal to 1 vertical. The Pelican Hills Golf Course and upstream Newport Coast development were constructed in the 1990's. In recent years the canyon through the project reach has been experiencing significant erosion and degradation. The result of this stream erosion has been the development of an incised channel, and failure of adjacent fill slopes resulting in property damage. As a result of the erosion, some residents have installed ad -hoc scour protection measures to provide some site - specific protection. These measures tend to propagate the problem to a new location, and have resulted in lawsuit between property owners. Numerous • hydrology, hydraulic, geomorphic, and geotechnical analyses have been developed for Morning Canyon and its watershed in the past 15 years. These reports are generally a result of erosion, slope failures, and property damage that have occurred along the canyon, and attest to the need to develop a whole scale stream restoration project for the upper Morning Canyon. A sediment transport analysis was prepared for the project site to develop the recommended improvements for the proposed project. The analysis was based on the current condition of the watershed that has been fully developed. The purpose of the analysis was to develop an equilibrium slope for the canyon. This is the slope that the channel invert would tend to adjust to based on the current watershed conditions. Natural channels tend to adjust themselves toward a state of dynamic equilibrium such that the ability of a channel to transport water and sediment is in balance with the amount of water and sediment supplied from upstream and lateral sources. The equilibrium slope was determined to be approximately 0.0025 feet per foot. Over the length of the project reach, this equilibrium slope could result in the lowering of the invert by up to 21 feet. This theoretical analysis was checked with actual field conditions to determine the reasonableness of the predicted results. The construction of the Cameo Highlands development included the installation of a 51 -inch diameter pipe which outlets to the canyon via a box culvert energy dissipator at approximately the midpoint of the project reach. The outlet of the pipe was constructed at the invert of the canyon, as documented in a photograph in the Lockwood -Singh & Associates study of 1999. After the 2004 /2005 -storm season, visual and topographic surveys of the canyon were • performed by RBF. These surveys indicated that the invert of the canyon has dropped Feasibility Analysis - 3 - June 10, 2005 9 0 . by approximately 10 -feet at the outlet of the 51 -inch storm drain. This corresponds very closely with the predicted scour of 10.5 -feet at this location. Currently, a vertical drop of approximately 7 -8 feet exists just downstream of the pipe energy dissipator. This is an unsafe condition, and any further erosion will result in the failure of the energy dissipator structure, and could result in the potential for significant property damage. Stability analyses have been previously performed for the Cameo Highlands fill slope by Douglas E. Morgan, Inc (1999), Lockwood -Singh & Associates (1999), Lotus Consulting Engineers (2000), and Geofirm (2003). The results of these studies generally indicate that the factor of safety of these fill slopes is less than 1.25, and are therefore prone to failure. The Lockwood -Singh study indicated that during the 1997/1998 El Nino, years, the down cutting and undercutting process contributed to the failure of the Wynkoop and Walton slopes within the Cameo Highlands development. The erosion and degradation of the channel invert removes some subjacent lateral support for the fill slopes and further exacerbates the already unstable slopes. To minimize this problem, the Morning Canyon stabilization project includes the filling of the incised canyon to reconstruct the original channel grades. Downstream Imoacts The sediment distribution along Morning Canyon is characterized by a substantial concentration of clays and silts, roughly 30 to 40 percent by volume, and an estimated median grain size of 0.16 millimeters. In conjunction with its relative steepness, the Canyon is sensitive to changes in erosion processes. • The Morning Canyon project reach between Pacific Coast Highway and the Pelican Hill Golf Course is currently undergoing accelerated degradation in order to establish dynamic equilibrium. This is largely due to the concentration of runoff from two detention basins located upstream on the Pelican Hill Golf Course as well as the reduction of the sediment supply resulting from their function. In particular, the project reach has undergone 10 feet of head - cutting alone at the mid - reach outfall over the course of this current wet season, placing the adjacent slopes in jeopardy of significant destabilization and possible failure. In addition, the degradation of the project reach has resulted in further reduction of the sediment supply to the reach downstream of Pacific Coast Highway. The proposed improvements are not expected to cause further impacts to the reach downstream of Pacific Coast Highway since the intent is to emulate the conditions of dynamic equilibrium, which the Project reach has nearly established on its own. However, in addition to establishing dynamic equilibrium, the proposed improvements will provide the added benefit of protecting the adjacent slopes from potential failure. 2.2 Basic Purpose and Need Statement The basic purpose of the proposed project can be expressed as follows: Through the reconstruction and stabilization of Morning Canyon by the • use of seven (7) grade control structures, the project shall restore the stream to an equilibrium condition to prevent additional erosion and Feasibility Analysis - 4 - June 10, 2005 0 0 degradation; restore the canyon bottom to its previous bed elevations and is reduce the potential for adjacent slope failures; restore the canyon to a more natural condition through the removal of exotic species and replacement with native species. 2.3 Water Dependency Due to the type of project site (drainage channel), and the improvements proposed herein, this project has been identified as "water dependent'. No change of use is proposed. 2.4 Uniqueness The Morning Canyon Channel is unique due to regionalltopographic conditions (i.e., watersheds), engineering challenges (water conveyance and erosion), and public health /safety with respect to slope stability. 3.0 EVALUATION OF FEASABILITY Existing off -site drainage patterns, the location of the Morning Canyon Channel, the surrounding urbanized land uses, and the confirmation of water dependency has established the criteria for alternatives relative to identifying a feasible environmentally • superior alternative, while achieving the Project's objectives and goals. 3.1 Analysis of the Alternatives RBF has examined several possible scenarios and configurations in determining the environmentally superior alternative for the canyon stabilization project. The proposed project consists of wholesale improvements with respect to stabilization of the canyon and protection of adjacent properties. The proposed Project concept has been designed to restore an equilibrium condition to the canyon, reconstruct the previous channel grades, and restore a more native canyon condition. Alternatives to the proposed Project were developed, evaluated, and selected based on their satisfaction of goals of the Project: • Restore the canyon gradient to an equilibrium condition to prevent further erosion and degradation; • Reconstruct the canyon bed to the original grade to alleviate stability impacts to the adjacent development slopes; • Minimize adverse environmental effects; and • Increase water quality associated with post - project conditions. • Feasibility Analysis - 5 - June 10, 2005 0 0 • More than seven (7) alternative project improvements have been considered during the development of the Original Project (Alternative 1), the No Project Alternative, Alternatives 2 through 5, and the "additional alternatives" not analyzed in detail within this analysis. Due to the type of the improvements proposed, and the need to build the improvements in the canyon, off -site "additional alternatives" beyond the immediate project reach were not evaluated in this study. 3.2 Discussion of Alternatives 3.2.1 No Project Alternative The No Project Alternative would not accomplish any of the project objectives or goals. The no- action plan would result in no improvements within the canyon, and would not address the existing erosion problems that currently threaten adjacent land uses. 3.2.2 Alternative 1: Original Project - Gabion Grade Control Alternative 1, also known as the original project, was considered by the Applicant in order to fulfill the basic need and purpose of the project. Alternative 1 consists of the installation of seven (7) rock - filled gabion grade control structures within the project reach. This Alternative was presented to CCC Staff during an on -site Pre - Application Field Meeting on April 28, 2005. Refer to the enclosed large -scale photographs and site plans for more detail. • Discussion of Alternative: Project Function. The grade control structures would stabilize the canyon by creating an equilibrium slope along the channel invert. The grade control structures use a 3 -foot drop height typically recommended for the stabilization of degrading channels. The structures would be placed along the creek to restore the canyon to the original grades. The structures are proposed to be rock - filled gabion baskets, and will be backfilled with soil and re- vegetated after construction. The location of the grade control structures and incised channel fill would be consistent with the project's purpose and goal. Public Health and Safety. Alternative 1 would achieve the Project's basic goal and purpose. The canyon gradient would be stabilized to a state of dynamic equilibrium. The incised channel would be filled to reconstruct the original grades and stabilize the adjacent fill slopes. Project Impacts. The proposed project includes the construction of 7 grade control structures and the placement of earthen fill within the existing canyon. The project includes approximately 910 cubic -yards of gabion baskets, and 800 cubic -yards of earth fill. The total area of impact is 0.32 acres. There is the potential that all altematives (excluding the No Project) will create temporary impacts due to construction activities. Exposed surfaces, construction debris, equipment and truck traffic will temporarily impact the project site. These impacts are considered short-term, would cease upon project completion. Alternative No. 1 would minimize the • temporary construction impacts through the use of smaller equipment for the construction of the project improvements. The gabion baskets use smaller rock than a Feasibility Analysis - 6 - June 10, 2005 0 0 rock riprap structure, and do not require the large dump trucks or loaders to place the rock to fill the baskets. Table 1 Impact Summary: Alternative 1 Improvement Type Impact Type Impacts Grade Control Structures Permanent' 910 cy fill Elevation Fill Permanent 800 cy fill 5' Work Area Buffer Temporary 1.0 acres Potential Restoration of Habitat NA 0.32 acres 1. t ms improvement consists of all impacts associated with the grade control structures. 2. Temporary impacts include access roads, excavation and work areas around permanent impact areas. Water Quality. Alternative 1 includes the reconstruction of a stable slope through the project reach. This will eliminate erosion and scour issues currently associated with the project site. Vegetation Enhancement. The installation of gabion baskets will allow the grade control structures to be backfilled with soil and re- vegetated to restore the canyon to a more natural condition. The area of the gabion structures is 0.19 acres. The reconstruction of the incised channel will also allow the canyon bottom to be re- vegetated with the project construction. The area of the channel fill is 0.13 acres. 3.2.3 Alternative 2: No Elevation Fill Alternative 2 was created in an effort to develop an alternative that did not include placing fill within the existing canyon incised channel. This alternative would still include the necessary drop structures within the existing channel; however, the locations and heights are revised to work with the current condition. A large 12 -foot high drop structure would be constructed at the outlet of the 51 -inch storm drain pipe. Due to the height of the structure, this facility would need to be a reinforced concrete drop structure. Two additional structures would be located upstream of the 51 -inch outlet pipe similar to the locations in Alternative No. 1. These structures would be rock - filled gabion baskets. Discussion of Alternative: Project Function. The location of the grade control structures would be consistent with the project's purpose and goal for establishment of an equilibrium slope only. The stabilization of adjacent fill slopes would not be provided. Public Health and Safety. Alternative 2 would achieve only one of the Project's basic goal and purpose. A stable slope along the canyon bottom would be created. However, since fill in the existing incised channel would be eliminated, adverse affects such as Feasibility Analysis - 7 - June 10, 2005 0 • L J 0 • • • • continued instability of the adjacent fill slopes would continue. This issue is considered important and is major public health and safety issue associated with the project. Project Impacts. The proposed project includes the construction of 3 grade control structures only. No placement of earthen fill within the existing incised canyon is proposed. The project includes approximately 260 cubic -yards of gabion baskets, and a reinforced concrete straight drop structure. The straight drop would be required to be rectangular channel section with a length of approximately 40 feet, and with 20 feet of loose riprap downstream. The total area of impact is 0.07 acres. It should also be noted that there is a potential that Altemative 2 (as with Alternative 1) will create temporary impacts due to construction activities. Exposed surfaces, construction debris, equipment and truck traffic may temporarily impact views adjacent to the site. These impacts are considered short-term, would cease upon project completion. Alternative No. 2 would require the construction of a reinforced concrete structure within the existing channel. Construction of this type of facility would require access for large equipment such as concrete trucks, excavators, and dump trucks. This equipment would require the temporary establishment of a large construction access roadway. Table 2 Impact Summary: Alternative 2 Improvement Type Impact Type Impacts Grade Control Structures Permanent 0.07 acres Elevation Fill Permanent 0.00 cy 10' Work Area Buffer Temporary 1.2 acres Potential Restoration of Habitat 1% 0.05 acres Water Quality. Alternative 2 includes the reconstruction of a stable slope through the project reach. This will eliminate erosion and scour issues currently associated with the project site. Vegetation Restoration. The installation of the 2 gabion baskets will allow the grade control structures to be backfilled with soil and re- vegetated to restore the canyon to a more natural condition. The area of the gabion structures is 0.05 acres. The existing incised canyon or reinforced concrete structure would not allow for vegetation restoration. 3.2.4 Alternative 3: Grouted Riprap Grade Control Alternative 3 is similar to Alternative 1, except that the rock - filled gabion grade control structures would be replaced with grouted rock riprap structures. Grouted rock would be Feasibility Analysis ra June 10, 2005 • required, rather than loose rock, due to the slope and flow velocities within the structures. Discussion of Alternative: Project Function. The grade control structures would stabilize the canyon by creating an equilibrium slope along the channel invert. The grade control structures use a 3 -foot drop height typically recommended for the stabilization of degrading channels. The structures would be placed along the creek to restore the canyon to the original grades. The structures are proposed to be grouted riprap and would not allow for re- vegetated after construction. The location of the grade control structures and incised channel fill would be consistent with the project's purpose and goal. Public Health and Safety. Alternative 3 would achieve the Project's basic goal and purpose. The canyon gradient would be stabilized to a state of dynamic equilibrium. The incised channel would be filled to reconstruct the original grades and stabilize the adjacent fill slopes. Project Impacts. The proposed project includes the construction of 7 grade control structures and the placement of earthen fill within the existing canyon. The project includes approximately 1,050 cubic -yards of grouted rock riprap, and 800 cubic -yards of earth fill. The total area of impact is 0.35 acres. There is the potential that all alternatives (excluding the No Project) will create temporary impacts due to construction activities. Exposed surfaces, construction debris, equipment and truck traffic will temporarily impact the project site. These impacts are considered short-term, would cease upon project completion. Alternative No. 3 would require the construction of grouted rock riprap structures within the existing channel. Construction of this type of facility would require access for large equipment such as concrete trucks, excavators, and dump trucks. This equipment would require the temporary establishment of a large construction access roadway. Table 3 Impact Summary: Alternative 3 Improvement Type Impact Type Impacts Grade Control Structures Permanent' 1050 cy fill Elevation Fill Permanent 800 cy fill 10' Work Area Buffer Temporary 1.2 acres Potential Restoration of Habitat NA 0.13 acres Water Quality. Alternative 3 includes the reconstruction of a stable slope through the project reach. This will eliminate erosion and scour issues currently associated with the project site. Feasibility Analysis 9 - June 10, 2005 F • • 0 0 • Vegetation Enhancement. The installation of grouted rock riprap structures would not allow the grade control structures to be re- vegetated after construction. The reconstruction of the incised channel will allow the canyon bottom to be re- vegetated with the project construction. The area of the channel fill is 0.13 acres. 3.2.5 Alternative 4: Vinyl Sheet Pile Grade Control Alternative 4 is similar to Alternative 1, except that the rock - filled gabion grade control structures would be replaced with vinyl (or steel) sheet piles for the drop structures, and 30 -feet of loose riprap for scour and erosion protection downstream of the drops. Final determination of vinyl or steel sheet piles would be dependant on the results of additional geotechnical analyses to determine the corrosive properties of the soil and bedrock elevations. Discussion of Alternative: Project Function. The grade control structures would stabilize the canyon by creating an equilibrium slope along the channel invert. The grade control structures use a 3 -foot drop height typically recommended for the stabilization of degrading channels. The structures would be placed along the creek to restore the canyon to the original grades. The structures are proposed to be vinyl sheet pipes and loose riprap and would not allow for re- vegetated after construction. The location of the grade control structures and incised channel fill would be consistent with the project's purpose and goal. • Public Health and Safety. Alternative 4 would achieve the Project's basic goal and purpose. The canyon gradient would be stabilized to a state of dynamic equilibrium. The incised channel would be filled to reconstruct the original grades and stabilize the adjacent fill slopes. Project Impacts. The proposed project includes the construction of 7 grade control structures and the placement of earthen fill within the existing canyon. The project includes approximately 900 cubic -yards of loose rock riprap, and 800 cubic -yards of earth fill. The total area of impact is 0.32 acres. There is the potential that all alternatives (excluding the No Project) will create temporary impacts due to construction activities. Exposed surfaces, construction debris, equipment and truck traffic will temporarily impact the project site. These impacts are considered short-term, would cease upon project completion. Altemative No. 4 would require the installation of sheet piles and placement of large rock riprap within the existing channel. Construction of this type of facility would require access for large equipment such as excavators, and dump trucks. This equipment would require the temporary establishment of a large construction access roadway. Feasibility Analysis -10- June 10, 2005 • Table 4 Impact Summary: Alternative 4 • Improvement Type Impact Type Impacts Grade Control Structures Permanent' 900 cy fill Elevation Fill Permanent 800 Cy fill 10' Work Area Buffer Temporary 1.2 acres Potential Restoration of Habitat NA 0.73 acres Water Quality. Alternative 4 includes the reconstruction of a stable slope through the project reach. This will eliminate erosion and scour issues currently associated with the project site. Vegetation Enhancement. The installation of sheet pile and rock riprap scour protection would not allow the grade control structures to be re- vegetated after construction. The reconstruction of the incised channel will allow the canyon bottom to be re- vegetated with the project construction. The area of the channel fill is 0.13 acres. 3.2.6 Alternative 5: Soil Cement Grade Control Alternative 5 is similar to Alternative 4, except that the sheet pile drop structures would be replaced with soil cement drop structures. The soil cement drop structures would have a crest width of 8 -feet and a 1:1 slope for the 3 -foot drop. Loose riprap would be required downstream of the drops, similar to Alternative 4. Discussion of Alternative: Project Function. The grade control structures would stabilize the canyon by creating an equilibrium slope along the channel invert. The grade control structures use a 3 -foot drop height typically recommended for the stabilization of degrading channels. The structures would be placed along the creek to restore the canyon to the original grades. The structures are proposed to be soil cement and loose riprap and would not allow for re- vegetated after construction. The location of the grade control structures and incised channel fill would be consistent with the project's purpose and goal. Public Health and Safety. Alternative purpose. The canyon gradient would The incised channel would be filled to adjacent fill slopes. 5 would achieve the Project's basic goal and be stabilized to a state of dynamic equilibrium. reconstruct the original grades and stabilize the Project Impacts. The proposed project includes the construction of 7 grade control structures and the placement of earthen fill within the existing canyon. The project includes approximately 460 cubic -yards of soil cement, 900 cubic-yards of loose rock riprap, and 800 cubic -yards of earth fill. The total area of impact is 0.34 acres. Feasibility Analysis _111- June 10, 2005 • E • • There is the potential that all alternatives (excluding the No Project) will create temporary impacts due to construction activities. Exposed surfaces, construction debris, equipment and truck traffic will temporarily impact the project site. These impacts are considered short -term, would cease upon project completion. Alternative No. 5 would require the installation of soil cement and placement of large rock riprap within the existing channel. Construction of this type of facility would require access for large equipment such as concrete trucks, excavators, and dump trucks. This equipment would require the temporary establishment of a large construction access roadway. Table 4 Impact Summary: Alternative 4 Improvement Type Impact Type Impacts Grade Control Structures Permanent' 1,360 cy fill Elevation Fill Permanent 800 cy fill 10' Work Area Buffer Temporary 1.2 acres Potential Restoration of Habitat NA 0.13 acres • Wafer Quality. Alternative 5 includes the reconstruction of a stable slope through the project reach. This will eliminate erosion and scour issues currently associated with the project site. Vegetation Enhancement. The installation of soil cement and rock riprap scour protection would not allow the grade control structures to be re- vegetated after construction. The reconstruction of the incised channel will allow the canyon bottom to be re- vegetated with the project construction. The area of the channel fill is 0.13 acres. 3.2.7 Alternatives Considered But Not Evaluated Several alternatives were considered during the planning process, but were not evaluated in detail due to the following: Offsite Proiect Location: The Morning Canyon Channel is unique due to regional/topographic conditions (i.e., watersheds), engineering challenges (water conveyance and erosion), and public health /safety with respect to slope stability. The 2 major components of the project's objective are to establish an equilibrium slope for the existing canyon bed, and stabilization of the adjacent fill slopes. Therefore, offsite project improvements would not meet the project goals. Feasibility Analysis -12- June 10, 2005 • • E Full Channel Alternative: Installation of a channel system through the entire canyon was briefly reviewed as a potential project alternative to eliminate erosion and degradation in the canyon. This alternative would result in much greater impacts to the canyon which could not be mitigated by habitat restoration. A channel system would also result in significant impacts to properties in the lower one -third of the project reach. This segment would need to include channel improvements to convey the water to the existing culvert at Pacific Coast Highway, or would require construction of a large energy dissipator structure to reduce the higher flow velocities in an improved channel. Therefore, full channel alternatives were not considered. 4.0 CONCLUSION This Analysis focused on five (5) specific alternatives (including the No Project Alternative) in order to identify a feasible environmentally superior alternative that is consistent with the project objectives, purpose, and need. Those alternatives, and the results of the analysis, are as follows: The No Project Alternative, in which no discharge of fill material would occur on -site would have the least environmental impacts. However, this Alternative does not meet the project's objective and protect the public welfare and is inconsistent with the purpose • and need. No modifications to the canyon would occur and existing erosion and slope stability issues would remain. The No Project Alternative is not considered to be a feasible option. Alternative 1, the Original Project (Gabion Grade Control), meets all project objectives and goals. The Alternative was created to achieve all objectives; consequently, the Alternative is the recommended plan. Alternative 2, No Elevation Fill, meets only half of the project objectives and goals. Since the incised channel fill was eliminated, goals of improving public safety for the adjacent residential fill slope are not meet. Therefore, Alternative 2 is not considered to be a feasible option. Alternative 3, Grouted Riprap Grade Control, meets all of the project objectives and goals. As with Alternative 1, channel fill and rock will be placed in the existing canyon. However, due to the type of material used for the grade control structures, less restoration of habitat is possible with this alternative. This alternative also results in larger temporary construction impacts. Due to the increase of environmental impacts, this is not an environmentally superior alternative. Therefore, Alternative 3 is not considered to be a feasible option. Alternative 4, Vinyl Sheet Pile Grade Control, meets all of the project objectives and goals. As with Alternative 1, channel fill and rock will be placed in the existing canyon. However, due to the type of material used for the grade control structures, less restoration of habitat is possible with this alternative. This alternative also results in Feasibility Analysis -13- June 10, 2005 0 0 • larger temporary construction impacts. Due to the increase of environmental impacts, this is not an environmentally superior alternative. Therefore, Alternative 4 is not considered to be a feasible option. • • Alternative 5, Soil Cement Grade Control, meets all of the project objectives and goals. As with Alternative 1, channel fill, soil cement, and rock will be placed in the existing canyon. However, due to the type of material used for the grade control structures, less restoration of habitat is possible with this alternative. This alternative also results in larger temporary construction impacts. Due to the increase of environmental impacts, this is not an environmentally superior alternative. Therefore, Alternative 5 is not considered to be a feasible option. Based on the discussion contained herein, Alternative 1 has been identified as the most feasible environmentally superior alternative. Feasibility Analysis -14- June 10, 2005 0 0 REFERENCES Douglas E. Morgan, Inc. `Results of Investigation, Slope Damage, Wynkoop and Walton Properties, 601 Rockford Road and 515 Rockford Place, Corona Del Mar, California." January 29, 1999. Geofirm. "Geotechnical Evaution and Recommendation for Repair of Slope Failure, 515 Rockford Place and 601 Rockford Road, Corona Del Mar, California." May 28, 2003 Geotechnical Exploration, Inc. "Document Review and Site Observations, Wynkoop Property and Walton Property 601 Rockford Road and 515 Rockford Place, Corona Del Mar, California." January 12, 1999. John M. Tettemer & Associates, Ltd. 'Report on Storm Runoff Conditions in Buck Gully and Morning Canyon." February 1996, Lawrence R. Wlezien, Inc. "Job No. 3154 — WYNKOOP, ET AL V. ROUSE, ET AL." January 27, 1999. Lockwood -Singh & Associates. "Hydrologic, Geomorphic, Hydraulic and Geotechnical Findings Regarding Morning Canyon Watershed, and Related Channel and Slope Processes, Newport Beach, California." February 1, 1999. Lotus Consulting Engineers, Inc. "Preliminary Geotechnical Report Existing 1997 -1998 Sloe Failure at the Rear of 601 Rockford Road & 515 Rockford Place, Corona Del Mar, California." September 25, 2000. Moffatt & Nichol, Engineers. "Morning Canyon Sedimentation (MNE 2450 -08)." April 14, 1992. RBF Consulting. "Morning Canyon Stream Stability and Channel Restoration Study." Draft March 2005. Rivertech, Inc. "Morning Canyon Stabilization, Hydrologic and Hydraulic Analyses." August 2002. Feasibility Analysis -15- June 10, 2005 CJ • 0 0 RESOLUTION NO. 2005 - _ is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING THE IMMEDIATE STABILIZIATION OF MORNING CANYON TO BE A MATTER REQUIRING EMERGENCY ACTION, CONFIRMING AUTHORIZATION OF THE PUBLIC WORKS DIRECTOR TO AWARD A CONTRACT FOR THE STABILIZATION OF THE CANYON , AND CONFIRMING THE AWARD OF THE CONTRACT TO SUNQUEST GENERAL ENGINEERING The City Council finds and declares as follows: WHEREAS, urban development in the Morning Canyon watershed over the past 60 years has reached a critical point such that the canyon bottom is rapidly eroding; and WHEREAS, the fill material on the Cameo Highlands canyon slopes sits on a clay layer which in turn sits on an adversely inclined bed surface, and that this barely stable slope condition can be disrupted with minor amounts of infiltrated rainwater, and that the 2005 catastrophic Bluebird Canyon slope failure in Laguna Beach was due to a similar failure mode and resulted in substantial loss of property and endangered residents; and • WHEREAS, the risk assessment by Leighton Consulting, Inc. dated August 8, 2005, states that in Morning Canyon, especially "... where the manufactured fill comprises the major portion of canyon side, the landsliding risk is very high. Almost certainly there will be a massive landsliding even if the next rainy season produces moderate rain and stream flow"; and WHEREAS, the storm season officially commences on October 15 and significant rainfall usually is expected no later than January; and WHEREAS, a rigorous assessment of the canyon hydrodynamics and sediment transport has been performed and has been used as the basis for the preparation of engineered drawings and specifications to repair the canyon flood plain and install engineered gabion control structures to forestall future streambed erosion in an environmentally sensitive manner in accordance with best practices and in concert with the regulatory agencies; and WHEREAS, the project will take approximately 60 days to complete; and WHEREAS, permit applications have been submitted and approved by State Fish and Game, Army Corps of Engineers and Regional Water Quality Control Board; and • WHEREAS, the permit application with the California Coastal Commission (CCC) has been deemed complete and City staff has met with CCC staff to discuss the project, CCC staff cannot agendize the permit application to be heard before the EXHIBIT E 0 0 Commission until October 13 and such a delay will put the City in jeopardy of not being • able to complete the project in advance of the expected storms within the winter rain season. NOW THEREFORE, based upon the above findings, the City Council declares the conditions in Morning Canyon constitute an emergency situation and that staff is directed to: 1. Move forward with the Morning Canyon Stabilization Project so work can be completed in advance of the expected storms and 2. Continue working with California Coastal Commission staff to secure a Coastal Development Permit and make their best efforts to incorporate the conditions of the permit into the ongoing project. Adopted this day of 2005 John Heffernan Mayor ATTEST: City Clerk f: WsersVpbMshared \resolutions\moming canyon stabilization.doc C 1 • REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CHRISTOPHER WYNKOOP AND JOY WYNKOOP AS INDIVIDUALS AND TRUSTEES OF THE WYNKOOP FAMILY TRUST AND CHARLOTTE WALTON AS AN INDIVIDUAL AND AS TRUSTEE FOR THE MENZIES FAMILY TRUST FOR CONSTRUCTION OF THE MORNING CANYON STABILIZATION PROJECT THIS REIMBURSEMENT AGREEMENT ( "Agreement "), is made and entered into on this day of , 2005, by and between: THE CITY OF NEWPORT BEACH, California, a Municipal Corporation, hereinafter referred to as "City", and Christopher Wynkoop and Joy Wynkoop, as individuals and as trustees of the Wynkoop Family Trust, hereinafter collectively referred to as the " Wynkoops" and Charlotte Walton as an individual and as trustee of the Menzies Family Trust, hereinafter collectively referred to as the "Walton ". The Wynkoops and the Walton shall hereinafter be referred to collectively as the "Owners." The Owners and City are sometimes hereinafter individually referred to as "party" and hereinafter collectively referred to as "parties." RECITALS WHEREAS, City is a municipal corporation duly organized and validly existing under • the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of the City; and WHEREAS, the Wynkoops are the owners of the real property located at 601 Rockford Road, Corona del Mar, California, APN 475 031 15, hereinafter referred to as the " Wynkoops Property"; and WHEREAS, the Waltons are the owners of the real property located at 515 Rockford Place, Corona del mar, California, APN 475 031 13, hereinafter referred to as the "Walton Property", (hereinafter the Wynkoops Property and the Waltons Property shall be collectively referred to as the "Owners Property "); and WHEREAS, the City is proposing to construct the project commonly known as the "Morning Canyon Stabilization Project" shown in Exhibit "A" which includes the clearing of vegetation, importing of fill, localized regrading of the canyon bottom, installing seven gabion structures, installing grouted rock at the end structure of the 42 -inch storm drain main, installing gabion slope protection at selected locations, broadcasting hydroseed in the canyon bottom, revegetating areas of the canyon and other appurtenant and incidental items of work (the "Projeen; and WHEREAS, the parties previously agreed that to construct the Project, certain improvements to the Owners Property would need to be made for which the City would be reimbursed; and • EXHIBIT F Page t of 8 0 0 WHEREAS, based on the Owners representation that the Owners would reimburse the • City, the City did incorporate improvements to the Owners Property into the Project which improvements include an 18 inch RCP Strom Drain (fifty -one (5 1) linear feet of which is the responsibility of the Owners), excavating and dewatering for the gabion bank protection, installing gabion bank protection and backfilling behind the gabion bank protection as delineated and described in more detail as items 8, 11, 12, 13 and 14 respectively on Exhibit B which is attached hereto and incorporated by this reference, hereinafter collectively referred to as the "Owner Improvements "; and WHEREAS, the estimated cost of constructing Owner Improvements is Two Hundred Seventy -One Thousand Two Hundred Sixty -Five Dollars and No Cents ($271,265.00), hereinafter referred to as the "Cost Estimate "; and . WHEREAS, the Owners have agreed to fully reimburse the City for all costs associated with constructing Owner Improvements even if said costs exceed the Cost Estimate; and WHEREAS, the City and Owners acknowledge that there is a risk in constructing the Project and Owner Improvements in that the construction of the Project and the Owner Improvements may cause slope failures on the Owners Property and other damages to the Owners Property and other properties adjoining the Project area; and WHEREAS, the Owners have agreed to expressly assume all risk of damages to the Owners Property that may result from the construction of the Project and Owner Improvements and to waive and release the City from all damages from the construction of the Project and • Owner Improvements including, but not limited to, slope failures or other acts of passive or active negligence; and WHEREAS, the Owners acknowledge and agree that the City is not guaranteeing that construction of the Project and Owner Improvements will prevent any damages to the Owner's Property including, but not limited to, slope failures or other damages and that the City is not assuming liability for any damages associated in any way with its construction of the Project; and WHEREAS, City has agreed to administer and manage the design and construction contracts for the Project subject to the conditions set forth below. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1: Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that such Party is bound by the same. Section 2: Elements of Agreement. City and Owners shall work cooperatively • together so the Project can be constructed in a manner that minimizes the costs and impacts to Page 2 of 8 • 0 • the public. The specific terns and conditions governing the elements of this Agreement are set forth hereinafter. Section 3: City's Specific Obligations. City shall administer and manage the design and construction contracts for the Project. The City shall have the sole and absolute discretion as to all aspects of design and construction of the Project, as well as construction change orders related thereto. The City shall be obligated to ensure that all necessary building permits to construct the Project are obtained. Section 4: Owner's Specific Obligations. Owners shall: A. Reimburse the City for all costs associated with the construction of the Owner Improvements even if the costs exceed the Cost Estimate. The Waltons and Wynkoops shall split any cost of reimbursement on an equal basis. B. Concurrent with Owners execution of this Agreement, the Wynkoops and Walton shall each tender a cashiers check made payable to the "City of Newport Beach" in the amount of One Hundred Fifty Thousand Dollars and NO/Cents ($150,000.00) for a total of Three Hundred Thousand Dollars and No Cents ($300,000.00), hereinafter referred to as the "Deposit ". The City shall maintain the Deposit in a separate account. The City shall have the right to withdraw funds to pay for the construction of the Owner Improvements as the Owner Improvements are constructed. The City in its sole discretion may at any time • provide the Owners with written notice that additional funds must be placed on deposit with the City to cover actual or projected costs of constructing the Owner Improvements and the Owners shall have three (3) calendar days after receipt of this notice to deposit the additional funds with the City. Any additional deposit requested by the City shall be split between the Wynkoops and Walton on an equal basis. Upon final completion of the Project, the City shall refund Owners funds on deposit with the City, if any, that were not necessary to pay for costs associated in any with the construction of the Owner Improvements. Any refund shall be paid to the Wynkoops and Waltons on an equal basis. C. The Owners agree that the Cost Estimate is only an estimate and that extra work, changed conditions, differing site conditions or other factors may result in change orders increasing the cost of constructing the Owner Improvements. The Owners agree that the City shall have sole discretion to approve any change orders that the City determines are necessary and that the Owners shall be liable for all change orders that relate in any way to the Owners' Improvements. The Waltons and Wynkoops shall split the cost of any change orders on an equal basis. D. Owners agree to accept the Owner Improvements upon final completion of the Project, as determined by the City in its sole and absolute discretion. After final completion of the Project, the City shall have no duty to repair, maintain, remove or take any other action associated in any way with the Owner Improvements. Section 5: Hold Harmless. To the fullest extent permitted by law, Owners shall • indemnify, defend and hold harmless City, its City Council, boards and commission, officers, Page 3 of 8 0 0 consultants, contractors, subcontractors, vendors, volunteers, agents, attorneys and employees • (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the Owner Improvements including, but not limited to, the construction of the Owner Improvements, the effects of the Owner Improvements, and/or the impacts caused by the Owner Improvements on any other person or property including, but not limited to adjoining properties and/or adjoining property owners; any representation or warranty set forth herein that is determined to be false; and/or Owners' presence or activities conducted on or about the Project (including the negligent and/or willful acts, errors and/or omissions of Owners, their principals, officers, agents, employees, vendors, suppliers, consultants, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Owners to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. The parties expressly agree that the design of the Owner Improvements was a collaborative effort among the parties and the City shall not be deemed to be solely negligent for the design of the Owner Improvements. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether • any insurance policies are applicable. Section 6: Waiver and Release of Liability: The Owners hereby acknowledge and agree as follows: A. THE OWNERS RECOGNIZE AND AGREE THAT: (1) CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS IS DANGEROUS AND CONTAINS RISK OF PERSONAL INJURY, DEATH, DISABILITY, OR PROPERTY DAMAGE OR LOSS INCLUDING BUT NOT LIMITED TO SLOPE FAILURES ON THE OWNERS PROPERTY AND /OR OTHER DAMAGES (HEREINAFTER "DAMAGES "); (2) THE CITY IS NOT GUARANTEEING THAT CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS WILL PREVENT FUTURE DAMAGES TO THE OWNERS PROPERTY; AND (3) THE CONSTRUCTION OF THE OWNER IMPROVEMENTS MAY RESULT IN FUTURE DAMAGES TO OWNERS PROPERTY OR OTHER ADJOINING PROPERTIES. B. THE OWNERS RECOGNIZE AND AGREE THAT THEY HAVE BEEN FULLY INFORMED OF ALL ASPECTS OF THE PROJECT INCLUDING, BUT NOT LIMITED TO, THE CONSTRUCTION OF THE OWNER IMPROVEMENTS AND OWNERS EXPRESSLY APPROVE OF THE DESIGN FOR CONSTRUCTION OF THE OWNER IMPROVEMENTS. DESPITE THE POTENTIAL RISK OF DAMAGES TO OWNERS AS A RESULT OF THE CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS, EACH OWNER HAS DECIDED TO • EXPRESSLY ASSUME THE RISK OF DAMAGES TO OWNERS CAUSED BY THE Page 4 of 8 0 0 •CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS. THE OWNERS UNDERSTAND AND AGREE THAT THEY ARE VOLUNTARILY AGREEING TO THE CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS. C. THE OWNERS HEREBY AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK, RESPONSIBILITY AND LIABILITY FOR ALL RISKS ASSOCIATED IN ANY WAY WITH THE PROJECT AND CONSTRUCTION OF THE OWNER IMPROVEMENTS, WHETHER IDENTIFIED BY THE CITY OR NOT INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (1) RISK OF SLOPE FAILURES ON OWNERS PROPERTY CAUSED BY THE CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS; (2) RISK THAT THE PROJECT AND OWNER IMPROVEMENTS MAY NOT PROTECT OWNERS PROPERTY FROM FUTURE DAMAGES; (3) RISK THAT THE OWNER IMPROVEMENTS MAY CAUSE DAMAGES TO OWNERS PROPERTY OR OTHER PROPERTIES OR PERSONS INCLUDING, BUT NOT LIMITED TO, ADJOINING PROPERTIES AND ADJOINING PROPERTY OWNERS; AND (4) RISK OF PASSIVE OR ACTIVE NEGLIGENCE AND /OR OTHER ACT OR OMISSION THAT MAY RESULT IN DAMAGES. D. BY EXECUTING THIS AGREEMENT AND INITIALING BELOW THE OWNERS FOR THEMSELVES, THEIR HEIRS, OR ANYONE .WHO MIGHT CLAIM ON THEIR BEHALF, AGREE NOT TO BRING ANY CLAIM, AND WAIVE, RELEASE AND DISCHARGE THE CITY OF NEWPORT BEACH, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, CONSULTANTS, CONTRACTORS, ANY SUBCONTRACTORS, VENDORS, ATTORNEYS AND EMPLOYEES FOR ANY DAMAGES, LOSSES, COSTS AND EXPENSE ARISING OUT OF OR RELATED IN ANY WAY TO THE PROJECT AND OWNER IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, ALL LIABILITY FOR: (1) THE CONSTRUCTION OF THE PROJECT AND OWNER IMPROVEMENTS; (2) ANY FUTURE DAMAGES CAUSED BY THE PROJECT AND OWNER IMPROVEMENTS TO THE OWNERS PROPERTY OR OTHER PROPERTIES OR PERSONS INCLUDING, BUT NOT LIMITED TO, ADJOINING PROPERTIES AND /OR ADJOINING PROPERTY OWNERS; (3) THE FAILURE OF THE PROJECT AND OWNER IMPROVEMENTS TO PREVENT DAMAGES OF ANY NATURE; AND (4) ANY ACTIVE OR PASSIVE NEGLIGENCE OR ACT OR OMISSION BY THE CITY, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, CONSULTANTS, CONTRACTORS, ANY SUBCONTRACTORS, VENDORS, ATTORNEYS AND EMPLOYEES. THIS RELEASE AND WAIVER EXTENDS TO ALL CLAIMS OF EVERY KIND OR NATURE WHATSOEVER FORESEEN OR UNFORESEEN, KNOWN OR UNKNOWN. EACH OWNER EXPRESSLY INTENDS THIS RELEASE TO BE EFFECTIVE, REGARDLESS OF WHETHER THE CLAIM OF LIABILITY IS ASSERTED IN NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF RECOVERY. • E. EACH OWNER HAS READ, UNDERSTANDS AND AGREES TO THE WAIVER AND RELEASE OF LIABILITY. EACH OWNER UNDERSTANDS Page 5 of 8 THAT BY THEIR SIGNATURE ON THIS AGREEMENT AND BY INITIALING • BELOW, THAT EACH OWNER IS WAIVING FOR THEMSELVES RIGHTS, INCLUDING ANY RIGHTS THEY MAY HAVE AGAINST THE CITY OF NEWPORT BEACH OR ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, OFFICIALS, AGENTS, VOLUNTEERS, CONSULTANTS, CONTRACTORS, ANY SUBCONTRACTORS, VENDORS, ATTORNEYS AND EMPLOYEES. Christopher Wynkoop Joy Wynkoop Charlotte Walton Section 7 Improvements Constructed By Owners. Owners shall not construct or place any wall or structure that creates a water barrier across the Project area. Further, owners shall not construct or place any wall or structure that concentrates water flow entering the Project area without the express written permission of the City which may deny said request in accordance with Section 7(A) below. A. Before constructing or placing any wall or structure that concentrates water flow entering the Project area, the Owners shall be required to obtain the approval of the City which, in its sole discretion, may deny the request if the City determines that concentrating water flow would adversely impact flood control operations in the Project area, or the properties adjacent to the Project area. The Grantor shall provide any and all information; . drawing sand other materials requested by the Director of the Public Works Department of the City of Newport Beach or his/her designee necessary to make said determination. B. Any improvements permitted by the City which may be allowed shall be operated and maintained at no cost to the City. Section 8: Term. This Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or the Agreement is terminated as set forth herein. Section 9: Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty -eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: To City: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • Attention: Public Works Director Facsimile: (949) 644 -3020 Page 6 of 8 • To Owners: Christopher Wynkoop Joy Wynkoop 601 Rockford Road Corona del Mar, California 92625 Facsimile (949) 851 -1740 Charlotte Walton 2133 E. Nicolet Phoenix, Arizona 85020 Facsimile (602) 264 -6140 Section 10: Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. Section 11: No Third Party Beneficiaries. This Agreement is entered into by and for the Owners and the City, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. Section 12: Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. • Section 13: Waiver. A waiver of a breach of the covenants, conditions, or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions, or obligations of this Agreement. Section 14: Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment, which shall be signed by each Party. Section 15. Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement. Section 16. Warranties and Representations. The Wynkoops represent and guarantee that the Wynkoop Family Trust is the sole owner of the Wynkoop Property and that the Wynkoops are the trustees of the Wynkoop Family Trust and have the authority to enter into this Agreement. The Waltons represent and guarantee that the Menzies Family Trust is the sole owner of the Walton Property and that Charlotte Walton is the trustee of the Menzies Family trust and has the authority to enter into this Agreement. Section 17. Termination. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be . deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to Page 7 of 8 C� 0 cure the default and the defaulting party fails to give adequate assurance of due performance • within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Owners. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. APPROVED AS TO FORM Lo City Attorney CITY OF NEWPORT BEACH By Mayor ATTEST: By City Clerk OWNERS By Christopher Wynkoop as an individual and as trustee of the Wynkoop Family Trust By M Joy Wynkoop as an individual and as trustee of the Wynkoop Family Trust C, J Charlotte Walton as an individual and as trustee of the Menzies Family Trust • eaweWuw �mn :dry 04-0 n�omt mrn do ]�3517V b ae ,a= oo MWSA Page 8 of 8 0 • • RISK ASSESSMENT, EMBANKMENT FAILURE ALONG MORNING CANYON, WESTERLY OF ROCKFORD ROAD, NEWPORT BEACH, CALIFORNIA Prepared for:. City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, California 92658 Project No. 600997 -001 August 8, 2005 4 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY EXHIBIT G 4 0 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY August 8, 2005 Project No. 600997 -001 To: City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, California 92658 Attention: Mr. Robert Stein Subject: Risk Assessment, Embankment Failure Along Morning Canyon, Westerly of Rockford Road, Newport Beach, California In accordance with your request, Leighton Consulting, Inc. has performed a limited review of the . geotechnical conditions along the banks of Morning Canyon where stream downcutting of the thread of the canyon has oversteepened the toe of canyon side slopes that support residences along Rockford Road, Rockford Place and Seaward Road. The purpose of our review was to provide risk assessment guidelines. In general, the thread of the canyon exposes bedrock of the Monterey Formation, a sedimentary rock with likely inclusion of weak sedimentary layers. Residential development of the area in the 1950's was achieved by placement of manufactured fill slope along the easterly sides of the canyon. Along most of the length of this stretch of the canyon, the manufactured slope appears to have been founded into bedrock some distance above the canyon bottom. Along a portion of the southeasterly side of the canyon, however the base of the fill is almost coincident with the canyon bottom. In general, it is our conclusion that within the stretch where the manufactured fill comprises the major portion of canyon side, the landsliding risk is very high. Almost certainly there will be massive landsliding even if the next rainy season produces moderate rain and stream flow. • 17781 Cowan . Irvine, CA 92614 -6009 943253 -9836 • Fax 949 -250 -1114 . wwwleightonconsulting.com • 600997 -001 Where stream flow is contained within bedrock and the fill starts higher upon the canyon side, the potential for landsliding is moderate. Continued canyon downcutting increases the potential for landslides. Massive landsliding could occur during an extreme rainy season. The following contains the details our review and the basis of our conclusions. Background The subject canyon slope has a history of surficial failures and the potential for future surficial failures remains high. The potential increases as the thread of the canyon deepens with erosion and meandering of the canyon, and locally exaggerates the steepness of the toe of the slope. To date, the failures appear to have impacted the backyards and backyard improvements in a piecemeal fashion. Leighton Consulting's study was performed to assess the risk of deep - seated instability of the canyon sides and the potential for more drastic damage to the adjacent properties. • Scooe of Work The scope of our services included: 1. Background Review —The materials referenced in Appendix A were reviewed. 2. Geologic Reconnaissance — Reconnaissance level geologic mapping of the bedrock exposures along the thread of the canyon was performed on July 17 "'. The limited observations are shown on Plate 1. 3, Soil Sampling — Four soil samples were obtained, one of fill materials, one of old canyon bottom materials below the fill, and two bedrock samples (Sample #3 was claystone and #4 was silty sandstone). Sample locations are shown on Plate I and photographs of the samples sites are at the rear of the text. 4. Laboratory Testing — Index properties of the obtained sample were determined (see Appendix B), 5. Slope Stability Analyses — Slope stability analyses were performed to quantify the stability level of the embankment sides (see Appendix Q. • Z Leighton . 11•• FI CJ Site Geoloov The area around Morning Canyon is dominated by outcrops of the middle to late Miocene Monterey Formation, composed chiefly of siliceous and tuffaceous shale, siltstone and calcareous sandstone, extend from Upper Newport Bay southward along the coast of Laguna Beach (Tan and Edgington, 1976). Gradual, interrupted emergence of the region from the sea occurring in Pleistocene times created numerous wave -cut terrace platforms, most of which were covered by marine deposits. The subsequent erosion of adjacent highlands provided a non - marine colluvial cover that is mapped elsewhere as slope wash deposits. Minor stream deposits of Pleistocene age flank major drainages in some areas. Younger surficial deposits of Holocene age are alluvial and slope wash deposits and beach sediments along the coast (Tan and Edgington, 1976). Within Morning Canyon, mapped surficial deposits consist of artificial fill, alluvium, and non - marine terrace material. Artificial fill associated with the development of the Cameo Highlands is found in various locations along the canyon. The alluvial material is generally limited to the floor of the canyon, frequently incised by the active stream. The majority of the Monterey Formation, where exposed within the canyon, is massive to poorly • bedded clayey sandstone. While other welt - bedded exposures of bedrock may exist within the canyon, only one location was observed during our recent site mapping. This one exception was a small outcrop on the west side of the canyon, near the rear property line of 522 and 524 Seaward Road. The bedrock exposed at this location is comprised of well bedded, silty sand that strikes (horizontal orientation) to the northwest (N44W and N33W) and dips (tilts downward) to the north (25 and 48 degrees, respectively). Poorly defined bedding was also measured on the north side of the canyon, at the rear of 528 Seaward Road, on a poorly bedded sandstone unit (N25E, 13N). Review of mapping by others (Tan and Edgington, 1976) in the immediate area, reveals a wide range of bedding attitudes, possibly controlled by a fault mapped through the canyon within the project site. Stability Discussion Two distinct conditions are recognized along the canyon side walls. Where the side wall is essentially comprised of manufactured fill, the fill strength and down - cutting of the fill -slope toe controls stability. This condition occurs below residences at 601 Rockford Road and 515 4101, 0 - 3 - Leighton i 600997 -001 Rockford Place. Elsewhere, the toe of the fill is above the active stream bed and stability is controlled by the strength of the bedrock and the orientation and dip of the sedimentary layers. Active rotational (arcuate in shape) landsliding is on going within the artificial fill, which supports the backyards of these two residences. Typically rotational landslides self - stabilize and the slide movement ceases as the slide mass is shifted downslope. However, when the slide toe is within a canyon and subject to removal by stream flow, the fragile balance is upset, slide mass reactivates and headward retreat of the scarp area occurs. The present conditions at the area of the two properties are such that massive landslide reactivation is almost a certainty even in a moderately severe rainy season. 2. Upstream and downstream of the two residences mentioned above, the canyon bottom is incised to bedrock of the Monterey Formation. This sedimentary rock within the study area was generally found to be massive, but isolated inclusions of low strength (silt and clay) layers within the bedrock were observed. We have performed parametric stability analyses that indicate that if a weak layer (such as the one observed and sampled as our Sample #3 at 615 Rockford Road) with a steep inclination (downward tilt) towards the canyon bottom is daylighted (exposed) by the canyon thread downcutting, instability • could occur. The mapped geology of the site by us and by other investigators indicate that there is enough variability in dip angle (amount of dip) and orientation of the bedding that massive failure has a theoretical chance of occurrence. Without in -depth detailed investigation, it is not appropriate to quantify this chance except that it will significantly increase with continued canyon downcutting. • a Leighton 600997 -001 • Should you have any questions concerning this report, please do not hesitate to contact this office. We appreciate this opportunity to be of service. Q ESSION41 Respectfully submitted, Ego —M. 0 O tAMC a LEIGHTON CONSULTING, INC. OR Woody Joe Pollard, CEG 2297 Senior Project Geologist QLOQpoIRAJ y� r y900RMMAND � No, aka - F"P 9/3oro� A Iraj Poormand, PE, GE 693 Senior Geotechnical Consultant `r7A`��FCFINIGQ� P WJP/IP /Ir C� Attachments: Site Photographs • Plate 1 — Site Map Appendix A — References Appendix B — Boring Logs Appendix C — Laboratory Test Results Distribution: (2) Addressee 5 Leighton