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HomeMy WebLinkAboutC-3684 - Newport Coast Elementary School Loop RoadCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 9, 2005 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: Newport Coast Elementary School Loop Road (C -3684) To Whom It May Concern: On November 9, 2004, 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 December 22, 2004. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08744059. Enclosed is the Faithful Performance Bond. Sincerely, ME LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, 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 BOND NUMBER 08744,, PREMIUM: $6,598.00 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 BOND NO. 08744059 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ _6-, 598.00 being at the rate of $ 18.00 _ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to GCI CONSTRUCTION, INC., hereinafter designated as the "Principal ", a contract for construction of NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD, Contract No. 3684 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. 3684 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety".), are held and firmly bound unto the City of Newport Beach, in the sum of Three hundred sixty -six thousand, fire hundred fifty -two and OW100 Dollars ($366,552.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then. Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Band; otherwise this obligation shall become null and void. 28 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, h 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 1 s t day of JUNE 2004. G C'� Const -uA'lon,lnc . GCI CONSTRUCTION, INC. (Principal) Authoriz d Signature tie Flog � Ger t-w 2c. frea5 FIDELITY AND DEPOSIT COMPANY OF MARYL�-e Name of Surety Authorized Agent Signature 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone SHAWN BLUME, ATTORNEY -IN- ACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I ss. On Witt /o , before me, R. STANDLEY Dale Name and Title of Officer (e.g.. "Jane Doe. Notary Public`) personally appeared SHAWN BLUME Name(5) of Signeuf ) x; personally known to me proved to me on the basis of satisfactory evidence g- R. STANDLE COMM.111263272 a ¢' NOTARY PUBLIC CALIFORNIA ¢' MY COUNTY �� My Comm. Ezpitns June 7, fOW to be the persol W whose name(K isial subscribed to the within instrument and acknowledged to me that he /shei ley executed the same in his /hefffla f authorized capacity(iee}, and that by his /be4flieir signature(sj on the instrument the personal, or the entity upon behalf of which the person(W acted, executed the instrument. WIT Send ofti l seal. Place Notary Seal Above Signature of Notary Publ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here ❑ Corporate Officer — Title(s): O Partner — ❑ Limited C General C Attorney in Fact L Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1939 National Nolar, ASSCGdIgn .9J500B5olo AV .P0. Bo, 2402- Chan -am, CP 91JiJ 2<02- www..aLdulnolary a.0 Proo. No 5902 rl —aa.'. Ca11111.. rae 1- 000 - eta -aa2] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On Oto ' O b L before me, Sandra Kooker, Notary Puh1; Date Name ar10 Tille of ORCer (e.g., ` ane Doe, Notary Public ) personally appeared rLo4d _enn 69 Names) of Stgner(s) SANDitAKOCKER Commission 3 1346365 ? i; Notary Public - California ?s, �t..,. `.. Orange County My Comm. Expres Mar 17.200C Place Notary Seal Above C�. personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(¢) is /are subscribed to the within instrument and acknowledged to me that helsl, k .executed the same in his /kerkheir authorized capacity(tet), and that by his /hefA4eir signature(,s') on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. —� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THDMBPRINT OF SIGNER 0 1 999 Nati N q Maocati • 9350 De Soto Ave., P.O. Bon 2ao2 • cDa4we,lli, CA 91313 2a02 • www.relrorelrotary.org Pme. No 5907 HeoN r U1 Tdl -F,ee 1 �876b CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK �P LaVonne M. Harkless, MMC FO TL December 22, 2004 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: Newport Coast Elementary School Loop Road (C -3684) To Whom It May Concern: On November 9, 2004, 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 November 17, 2004, Reference No. 2004001029599. Fidelity and Deposit Company of Maryland, and Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. Orange County Recorder on The Surety for the contract is the bond number is 08744059. 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 BOND NUMBER 08744 • PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 BOND NO. 08744059 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GCI CONSTRUCTION, INC., hereinafter designated as the "Principal; a contract for construction of NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD, Contract No. 3684 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. 3684 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done I hereon 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, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "SureV)'are held firmly bound unto the City of Newport Beach, in the sum of Three hundred sixty -six thousand, five hundred fifty-two and 001100 Dollars ($366,552.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be faced by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications, In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1st day of JUNE 2004. GCI COn�+Y'uAoYl,jncl GCI CONSTRUCTION, INC. (Principal) Author d igna relFtie Flo ¢ reas. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety `Authorized Agent Signature 801 N. BRAND BL SUITE PENTHOUSE GLENDALE, CA 91203 SHAWN BLUME, ATTORNEY —IN —FACT Address of Surety Print Name and Title (818) 409 -2800 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California I RIVERSIDE ss. County of On I 1 before me, R. STANDLEY Data Name and Title of Officer (e.g., "Jane Due. Notary Public') personally appeared SHAWN BLUME l. O STA 1263 �, , a COfdtYi. Yt263272 9 NOTARY PUSUC- CALWORNIA W RIVERSIDE COUNTY My Comm. fxPltes June 7, 20041 H. personally known to me proved to me on the basis of satisfactory evidence to be the personal whose name(sT is /aPe- subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his /heiq h authorized capacity(iae}, and that by his /h4644, i signature(sron the instrument the person(s), or the entity upon behalf of which the persons' acted, executed the instrument. WIT S my h nd and official seal. Place Nolery Sear Abele Sgnatura of Notary Pu dk C@P"f0jff_. R Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual Top of thumb Here Corporate Officer — Title(s): Partner — u Limited C General C Attorney in Fact C Trustee C Guardian or Conservator Other: Signer Is Representing: 0 1999 NSMndI Natary ASSnti . - 9350 0e S.. A, P0. Bpi NO2' ChdSwortM1. CA 91313 -3102' «v «_net onalxary.wq Plat. NJ. 5W3 Reo.. G11 T.1 -Fm 1- 900 - 936.8.2' 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 0(o • 0 �- 0 q , before me, Sandra Kooker, Notary Pul-11 is Date _ Name and Title of Cticer (.d. ane Doe. Notary dok personally appeared Pa. Notary Seal Above 4 personally known to me C proved to me on the basis of satisfactory evidence to be the personal whose name(o) is /ace subscribed to the within instrument and acknowledged to me that he /a#te4hey executed the same in his /taefAlteir authorized capacity(o), and that by hisA -I c eir signatureWon the instrument the person(A, or the entity upon behalf of which the persons% acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL J Sgnatwe of Note, Public 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 loan to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual C' Corporate Officer —Title(s): U Partner — u Limited C General ❑ Attorney in Fact 0 Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RtGNT 11HUMBPM OF SIGNER 01999 Nar Notary Aseo tim • 9350 De 5om Ave.. P0. Boa 2ao2 • Cf,.., ,. CA 91313 -2002 •. nationalnorary,org Prof. N. 51307 Rftftl r: Call-foll-Free 1- 000 - 8963027 RA K .. Commissimn a^, 34flIZ; Notary Public California -- .`�' Orange County Pa. Notary Seal Above 4 personally known to me C proved to me on the basis of satisfactory evidence to be the personal whose name(o) is /ace subscribed to the within instrument and acknowledged to me that he /a#te4hey executed the same in his /taefAlteir authorized capacity(o), and that by hisA -I c eir signatureWon the instrument the person(A, or the entity upon behalf of which the persons% acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL J Sgnatwe of Note, Public 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 loan to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual C' Corporate Officer —Title(s): U Partner — u Limited C General ❑ Attorney in Fact 0 Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RtGNT 11HUMBPM OF SIGNER 01999 Nar Notary Aseo tim • 9350 De 5om Ave.. P0. Boa 2ao2 • Cf,.., ,. CA 91313 -2002 •. nationalnorary,org Prof. N. 51307 Rftftl r: Call-foll-Free 1- 000 - 8963027 • ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are makintz the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is 5—waived TI-Us amount is reflected in the total premium for this bond. Disclosure of Availabilitv of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Companv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year, and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 1i6. In the event the United States government participates in losses, the United States government may direct insurance companies to collect it terrorism surcharge irom policyholders. The Act does not currently provide for insurance industry or united States govenunent participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States; 1. to be an act of terrorism; 2, to be a violent act or an act that is dangerous to human life, property or infrastructure; =. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the united States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the Urn ted States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyriht Zurich .american Insurance Company 2003 - 00S0749.doc 0 0 Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Shawn Blume, of Riverside, California, its true and lawful agent and Attorney-in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance ese presents, s e as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackn d by [here elected officers of the Company at its office in Baltimore, Md., in their own proper persons. p The said Assistant Secretary does hereby certify that the extract set fo� the revers ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. oN IN WITNESS WHEREOF, the said Vice - President and Assistan have h ��ubscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLANPIst day of , A.D. 1998- ATTEST: FIDELITY AND.1,PIBSIT CO!! OF MARYLAND SEAL -a. v� By: T. E. Smith A irtant Se cr W. B. Walbrecher Vice- President State of Maryland ss: CountyofBaltinam� _ On this 21st day of January, A.D. 1998, before the su ; a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice - President and T. E. SMITH t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and office bed m and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo , ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precediir "strument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my OffrcW Seal the day and year first above written. fOY rmat`s' —C./ Fader ° Notary Pabltc My Co issi9r Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this )� day of �Ij L89Y__ . 1Jl Assistant Secretary L1428 -012 -0629A EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice-Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." 5J, ;' erf 7unor Daly, in Official Recorder Orange County WHEONRRECORDEED ETURN TO�''D FEE '04 NOV 29 TO :1 200400102959910:49am 11117104 City Clerk tae 200 N12 1 City of Newport Beach 0.00 0.00 0.00 u 00 0.00 0.00 0.00 0.00 3300 Newport Boy F Newport Beach, C % ;,.;� l 6Cai'll 'Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION 1� NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Cwner, and GCI Construction, Inc., of Costa Mesa, L� California, as Contractor, entered into a Contract on June 22, 2004. Said Contract set forth certain improvements, as follows: Newport Coast Elementary School Loop Road (C -3684) Work on said Contract was completed on October 9. 2004, and was found to be acceptable on November 9. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Norks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I (� ,Af',yn uY iii ��� at Newport Beach, California. BY id1 City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT c -3o'i Agenda Item No. 7 November 9. 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther. P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3684 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 year after Council acceptance 5. Approve a Budget Amendment appropriating a transfer of $196,609 from Bonita Canyon surplus bond proceeds to Newport Mesa Unified School District (NMUSD) per the memorandum of understanding approved by City Council on June 22, 2004, increasing revenue estimates in the Contributions Fund by $196,609, appropriating $181,361 to the Contributions Fund, account 7251- C5100745, and appropriating $15,248 to the General Fund, account 5100 -7020. DISCUSSION: On June 22, 2004, City Council approved a MOU and Reimbursement Agreement with Newport Mesa Unified School District (NMUSD) to construct the Newport Coast Elementary School Loop Road. The project is a cooperative effort between the City of Newport Beach and NMUSD to provide relief from the severe traffic congestion and unsafe conditions which occurred at Newport Coast Elementary School every morning and afternoon as parents attempted to pick up and drop off their children. The agreement provided for the appropriation of surplus bond funds from the 1998 Bonita Canyon Community Facilities District to the School Improvement Account for the construction (and related costs) of the • proposed Loop Road project. A budget amendment was also approved appropriating $508,889 ($460,007 to the Contribution fund and $25,259 to the General fund) to cover the initial project costs. SUBJECT: Newport Coast Elemea School Loop Road - Completion And Acceptance ntract No. 3684 November 9, 2004 Page 2 Also on June 22, 2004, the City Council authorized the award of Newport Coast Elementary School Loop Road contract to GCI Construction, Inc.. The contract provided for construction • of an on -site access roadway (loop road) along the perimeter of the school property extending from Newport Coast Drive around the back of the school fields and then connecting with the parking lot on the east side of the school and with Ridge Park Road. The work included slope and roadway excavation, construction of two retaining walls, revisions to the existing field irrigation system, curb and gutter, road base and rubber asphalt roadway. Because of the time constraints of completing the road prior to the start of school, final approval from the Division of the State Architect (DSA) was not obtained prior to bidding. Therefore, change orders were needed to satisfy their requirements in addition to needed changes which occurred during the course of the project. The contract has now been completed to the satisfaction of the Public Works Department and NMUSD. A summary of the contract cost is as follows: Original bid amount: $364,552.00 Actual amount of bid items constructed: 371,444.64 Addition of Parking Lot /Driveway Modifications 54,405.56 Other change orders: 109,903.27 Final contract cost: $535,753.47 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional untreated base material. The final overall construction • cost including the Parking Lot/Driveway Change Order (15 %) and three other change orders (32 %) totaled 47% percent over the original bid amount. Four Change Orders in the amount of $164,308.83 were issued for the project (see attached breakdown of project expenses). These cost additions were discussed with the PW Director during the course of the project, and with approval of the City Manager, were executed in accordance with City Council Policy F -3 in order to assure that the project would be completed by the start of the school year. • Change Order No. 1 in the amount of $10,565.15 provided for the installation of a permeable backfill material immediately behind the block face of the retaining walls and removal of existing pavement fabric material found beneath the existing gravel maintenance road. • Change Order No. 2 in the amount of $17,063.49 provided for relocating the existing irrigation main during roadway excavation and installing new sprinkler heads and valves as the existing ones were determined to be too damaged to relocate, painting the chain link fence posts and rails, and the addition of 4 -foot and 16 -foot gates along the existing ball field chain link fence, as requested by School District representatives. • Change Order No 3 in the amount of $82,274.63 provided for: o Export of unsuitable materials and import of non - expansive soil materials • behind the retaining walls as recommended by the City's geotechnical consultant during construction. In addition, an approximately 5 -foot increased back -cut for Wall A was mandated by the Division of the State Architect SUBJECT: Newport Coast Elemen chool Loop Road - Completion And Acceptance o tract No. 3684 November9,2004 Page 3 • (DSA) plan check after plans were bid and contributed roughly $12,000 of this item's total cost increase of $60,674.63. o Additional rough grading and fabric material due to changes for the retaining wall also required by DSA. ($21,700) Change Order No. 4 in the amount of $54,405.56 provided for addition of parking lot modifications and driveway revisions to the existing parking lot and driveway. During the course of the project, it was decided to expand the scope of work by modifying the existing parking lot, widen the existing drive aisle through the lot, and to widen the entrance /exit driveway at Ridge Park Drive. This expanded scope change was agreed upon by the City staff, the City Manager, and NMUSD. In addition to the final construction contract costs ($535,000), expenses in the amount of $114,254 were incurred for associated costs and incidental items such as project design, contract management including survey and inspection, geotechnical investigation and design, erosion control measures, and striping and signing revisions on Ridge Park Drive and Newport Coast Drive (see attached expenditure summary). The total cost to date for the project is $650,007. It is expected that the final cost including the landscape construction contract (to be awarded this meeting), the installation of an automatic gate at the entrance of the loop road, and management costs to close out the project will total $842,283. The roadway construction work was substantially completed and the access road opened on September 3, 2004, the scheduled completion date. Remaining punch list items were completed by October 9, 2004. It is expected that the installation of the automatic gate and the landscape contract will be underway before the end of this month. Completion of the landscaping contract is tentatively scheduled for January 2005. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15314 (Minor Additions to Schools) of the CEQA Implementing Guidelines, and a Notice of Exemption was filed with the County Recorder's office on May 10, 2004. Funding Availability: Funds for the project were provided by surplus funds from the 1998 Bonita Canyon Community Facilities District bond issue. Upon approval of the recommended Budget Amendment, the necessary funds will be available for distribution into the appropriate accounts to fund current expenditures and reimburse various funds. Prepared by: 0&- &4--�Vz , R. Gunther, P.E. Construction Engineer . Attachment: Newport Coast Elementary School Loop Road Council Memo — Approval of Reimbursement i Council Memo — Award of Contract (June 8, 21 Budget Amendment Submitted Director (June 8, 2004) 0 Newport Coast Elementary School Loop Road Expenditures Loop Road Costs G.C.I. Inc. - General Contractor Emmet Berkery - Project Management Lynn Capouya, Inc. - Landscape Architect Geosoils Soil Retention Orange County Striping Advanced Survey Concepts Erosion Control Project Partners - Inspection Services Division of the State Architect Chicago Title Tod's Core Earthwork Calculation Services Reprographics Cash Receipts Landscape FYR Landscaping, Inc. (Contractor) Construction Contingency Total Loop Road Expenses Total Landscape Expenses Outstanding Loop Road Expenses Access Control - Installation of Automatic Gate Emmet Berkery - Project Management to Close Out Project 535,753 38,639 29,557 14,478 9,648 6,410 5,367 4,000 3,992 900 500 400 350 222 (210) 650,007 145,460 15,000 160,460 $ 30,000 $ 1,816 Total Loop Road and Landscape Expenses* $ 842,283 * Total does not include $11,310 in City Staff Time Expended • • • • • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 8, 2004 (continued from) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department William Patapoff, P.E. 949 - 644 -3311 bpatapoff@city.newport-beach.ca.us SUBJECT: NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD - AWARD OF CONTRACT NO. 3684 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3684 to GCI Construction, Inc. for the Total Bid Price of $364,552.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $36,500.00 to cover the cost of unforeseen work. 4. Approve geotechnical work in the amount of $7500.00. 5. Approve special retaining wall inspection services in the amount of $15,000.00 DISCUSSION: At 11:00 A.M. on May 25, 2004, the City Clerk opened and read the following bids for this project: BIDDER Low GCI Construction 2 E.A. Mendoza 3 International Paving Solutions TOTAL BID AMOUNT $366,552.00* $404,100.00 $415,161.50 * Corrected Bid Amount is $364,552.00 The low total bid amount is 1.2 percent above the Engineer's Estimate of $360,100.00. The low bidder, GCI Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for Newport Beach and other municipalities. Subject Newport Coast El *tary School Loop Road — Award of Contract•3684 June 8, 2004 Page: 2 This project is a cooperative effort between the City of Newport Beach and Newport • Mesa Unified School District, and is the subject of a Memorandum of Understanding between the City and the District, which is also on tonight's Council agenda. The purpose of the project is to provide relief from the severe traffic congestion problem, which occurs at Newport Coast Elementary School every morning and afternoon at school opening and school dismissal, as parents attempt to drop off their children. The existing on -site school parking lot cannot accommodate the large number of vehicles, and as a result, traffic backs up on Ridge Park Drive, and on occasion, onto Newport Coast Drive. The problem is exacerbated in the afternoon by construction vehicles using Ridge Park Drive to access Newport Coast Drive. City staff investigated several potential solutions, and ultimately, City and District staff agreed that an on -site access drive along the perimeter of the School property was the most feasible solution. This contract will provide for the construction of the access drive. Per the Contract Specifications the Contractor will have 35 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15314 (Minor Additions to Schools) of the CEQA Implementing Guidelines, and a Notice of Exemption was filed with the County • Recorder's office on May 10, 2004. Geotechnical Services: Geotechnical services will be provided by Geosoils, Inc. for an estimated amount of $7,500.00. Funding Availability: Funding will be provided by surplus funds from the 1998 Bonita Canyon bond issue: Account Description Account Number Amount Newport Coast Elementary School Loop Road 7251- C5100744 $423,552 Prepared by: Submitted by: William Patapoff, P.E. Stephen G. Badum City Engineer Public Works Director Attachments: Project Location Map Bid Summary • • • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 8, 2004 (continued from) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department William Patapoff, P.E. 949 - 644 -3311 bpatapoff@ city. newport- beach.ca. us SUBJECT: APPROVAL OF THE MEMORANDUM OF UNDERSTANDING AND REIMBURSEMENT AGREEMENT WITH THE NEWPORT -MESA SCHOOL DISTRICT FOR THE NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD - CONTRACT NO. 3684 RECOMMENDATIONS: 1. Approve the Memorandum of Understanding (MOU) and Reimbursement • Agreement between the City of Newport Beach and the Newport-Mesa Unified School District for the Newport Coast Elementary School Loop Road. 2. Approve a budget amendment authorizing the transfer of excess Bonita Canyon Bond funds from the City Improvement Account to the School Improvement Account for the total anticipated project cost of $508,889. Additionally, this budget amendment will appropriate $460,007 in the Contributions Fund and $25,259 in the General Fund for anticipated project costs not yet appropriated. Finally, this budget amendment will also increase revenue estimates in the Contributions fund by $460,007 and General Fund revenue by $47,883 to reflect the reimbursement from the School District Improvement account. DISCUSSION: When the Newport Coast Elementary School opened in 2001, a little more than 300 students were enrolled. During the 2004 -05 school year, that enrollment figure is estimated to double. With the increased enrollment, the amount of traffic congestion has increased due to the additional vehicles dropping off and picking up students at the school. Currently, the vehicles enter the school parking area from Ridge Park Road to drop off and pick up the students. This area becomes very congested and backs up onto the • public street causing safety concerns along the roadway. The existing area cannot SUBJECT: Approval of the Mem�um of Understanding with Newport -Mesa School t for Newport Coast Elementary Loop Road Contract 684 June 8, 2004 Page 2 accommodate the amount of school traffic, therefore a plan has been designed to alleviate this condition. Exhibit A of the MOU depicts a loop road on school property that takes access from a right turn lane off of Newport Coast Drive. The road follows the school property line around the north and east boundaries of the school and connects to the existing parking lot and then exits onto Ridge Park Road. This route provides a much improved drop off zone with a much longer stacking area for the vehicles. A Community Facilities District (CFD) was established in 1998 to finance public facilities and the CFD subsequently issued bonds to finance certain School District (NMUSD) and City improvements. Both the City and School District are representatives of the CFD and maintain separate Improvement Accounts. The City has surplus bond funds available in its account and pending the approval of the MOU, would transfer a portion of the surplus funds to the School Improvement account for the construction (and other related costs) of the loop road. In accordance with the language in the Bonita Canyon bond indenture, the surplus funds are required to be transferred from City Improvement Account to the School District Improvement account even though the City will manage and advance the cost of the project. u The City has designed and would administer the construction of the loop road. Per the MOU, the School District will reimburse the City from the School Improvement Account. A 5% administrative fee based on construction costs will be invoiced to the School • District to cover the costs associated with inspection, permits, construction administration, surveying, accounting and legal issues. Construction bids were received on May 25, 2004, and staff is recommending award as a separate item on tonight's Council agenda. In addition, the School Board approved the MOU and Reimbursement Agreement at their May 25, 2004 meeting. If approved by the City Council, City staff would use its best efforts to administer the construction so that the loop road is substantially complete before the start of school in September, 2004. Prepared by: Submitted by: William Patapoff, P.E. Stephen G. Badum City Engineer Public Works Director Attachment: Memorandum of Understanding Budget Amendment • (My of Newport Bead* NO. BA- 027 BUDGET AMENDMENT 2004 -05 FECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: AMOUNT: $196,609.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditures appropriations for transfer of Bonita Canyon Development funds to Newport-Mesa Unified School District and increase revenue estimates and expenditures appropriations for the Newport Coast Loop Road which will then be funded by the Newport-Mesa Unified School District per the bond indenture agreement. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 440 3605 Bonita Canyon Fund Fund Balance $196,609.00 WENUE ESTIMATES (3601) Fund /Division Account Description 250 4849 Contributions - School Contribution $181,361.00 5100 5132 General Fund - City Staff Service Fee $15,248.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 5100 Public Works - Engineering Account Number 7020 Salaries - Part-time $15,248.00 Division Number 7251 Contributions Account Number C5100745 Npt Coast Elementary Loop Road $181,361.00 Division Number 7441 Bonita Canyon Development Fund Account Number C5100758 Transfer to NMUSD $196,609.00 Division Number Account Number Signed: *ed Approval: Services Director Administrative Approy/al: City Manager Automatic System Entry. Date a Da Signed: City Council Approval: City Clerk Date CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harldess, MMC November 10, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3698) Notice of Completion (C- 3684)✓ Please record the enclosed documents (2) and return it to the City Clerk's Office. Thank you. 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 1 i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recordin fees pursuant to Government CodAection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction, Inc., of Costa Mesa, California, as Contractor, entered into a Contract on June 22, 2004. Said Contract set forth certain improvements, as follows: Newport Coast Elementary School Loop Road (C-3684) Work on said Contract was completed on October 9. 2004, and was found to be acceptable on November 9 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Korks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �[ Executed on �Lj� rP "a ���'1� t�f G� t at Newport Beach, California. BY ,iti� City Clerk MEMORANDUM OF UNDERSTANDING AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT- MESA UNIFIED SCHOOL DISTRICT THIS MEMORANDUM OF UNDERSTANDING AND REIMBURSEMENT AGREEMENT is made and entered into as of this 25th day of May, 2004 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and the NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a California school district ( "District'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statures of the State of California and the Charter of City. B. District is a school district duly organized and validly existing under the laws of the State of California and is currently operating Newport Coast Elementary School (grades K -6), at 6655 Ridge Park Road, Newport Coast, CA 92657, and said elementary school is located within the City limits. C. Newport Coast Elementary School was opened in February 2001 with an enrollment of 312 students. Enrollment for the current school (2003 -2004) year is 570 students and is estimated to increase by 85 -100 students in 2004 -05. D. The larger than anticipated increase in enrollment has led to a severe traffic congestion problem in the mornings and afternoons, as the existing school parking lot cannot accommodate the large number of vehicles dropping off and picking up students. E. City and District both desire to reach an agreement on a solution to the problem. F. In 1998, a Community Facilities District (CFD) was established to finance the costs of certain school facilities, public parks, and street improvements necessitated by the construction of the Bonita Canyon housing development in the City of Newport Beach. The CFD subsequently issued $45 million in bonds to finance these improvements, which were designated as the "Bonita Canyon Public Facilities Financing Authority Community Facilities District No. 98 -1 Special Tax Bonds, Series 1998 (hereinafter the "Bonita Canyon Bond Issue. ") Both the District and the City are authorized representatives of the CFD. I 0 0 G. Section 3.04 of the Bonita Canyon Bond Issue Indenture called for the bond Trustee to establish and maintain an "Improvement Fund ". Within the Improvement Fund, the Trustee was to establish and maintain a separate account designated the "City Improvement Account" and a separate "School Improvement Account" to be used by the City and District respectively. Exhibit B of the bond indenture defines the City's and District's eligible project uses for each account. Expenditures from these two accounts are overseen by a Trustee, as designated by the Bonita Canyon Bond Issue Indenture. Before any project expenditures are reimbursed, the Trustee requires the District and /or the City to certify that the charges to be made against their respective Improvement Accounts are eligible project uses as outlined by Exhibit B of the bond indenture. H. Following completion of the Bonita Canyon Sports Park and other improvements, City has surplus bond funds available in the City Improvement Account and has agreed to transfer a portion of the surplus funds to the School Improvement Account, as authorized by Section 3.04(b) of the Bond Indenture. District has agreed to use these surplus funds for construction of an access road to improve traffic at Newport Coast Elementary School in order to alleviate the traffic congestion problem. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. District and City agree that a portion of the surplus funds from the CFD Bond Issue shall be made available for construction of an access road at Newport Coast Elementary School to alleviate the traffic congestion at the site. 2. City agrees to design and administer the construction of a paved access road off Newport Coast Road, as shown on a conceptual plan attached hereto as Exhibit A. The project shall be known as the Newport Coast Elementary School Loop Road (the "Project'). The Project is estimated to cost approximately $550,000. 3. City agrees to authorize the Trustee of the CFD Bond Issue to transfer surplus funds from the City Improvement Account to the District's School Improvement Account in an amount sufficient to cover the total cost of the Project. 4. Investment earnings shall accrue to the District's benefit during the course of the project. 100% of the principal transferred from the City's account to the District's account shall be used for the project defined in Exhibit A. Within 60 days of the completion of the project, the District will direct the Trustee to transfer any remaining principal proceeds to the Redemption Fund and not allocate the remaining principal proceeds to another District eligible project. 5. Periodically or upon completion of the Project, City shall submit to the District an invoice accompanied by the supporting documentation, which will include the costs for design, engineering and construction of the Project plus an "Administrative Fee." The administrative fee shall be computed as an amount equal to five percent (5 %) of the invoiced construction costs for the Project, 2 0 0 which shall cover the costs of all items associated with inspection, permits, construction administration, surveying, accounting and legal costs. Within 30 days of the date of the invoice, District agrees to direct the Trustee of the Bonita Canyon Bond issue to reimburse the City for the invoiced amount. District agrees that the Funds directed to the District's CFD Bond School Improvement Account under the terms of paragraph 3 above shall be used solely for costs of the Project. 6. City will provide District with copies of the Project plans and specifications for District's review and input. 7. City will use its best efforts to award a construction contract for Project in a timely (June 2004) manner to allow construction to start after the current (2003 -04) school year has ended and to be substantially completed prior to start of the next school year (September 2004), so that the access road will be available for District's use. 8. City agrees that all construction will be done in accordance with City codes, ordinances, and current industry practices. 9. City agrees to name District as an additional insured on all required construction contract insurance policies. 10. District agrees to allow City and its contractor sufficient access to District's property to construct Project. 11. City agrees to repair any and all damage to District's property as a result of construction operations and to restore District's property to its pre- construction condition following completion of the Project. 12. District agrees that upon completion of Project to City's and District's satisfaction, District shall assume full and permanent maintenance and operation responsibilities for the "Project Improvements ". The District acknowledges that the intent of the Project is to operate the access road in a manner to benefit the reduction of traffic congestion on Newport Coast Drive and Ridge Park Road and will work cooperatively with the City in that regard. 13.City shall indemnify, defend and hold District, its officers, agents and employees harmless from any expense, liability, or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the Project, as a result of any work or action performed by City or on behalf of City, except where such expense, liability or claim is proximately caused in whole or in part by any act, omission, or negligence of District, its officers, agents or employees or by any act or omission for which District, its officers, agents or employees are liable without fault. 14. District shall indemnify, defend and hold City, its officers, agents and employees harmless from any expense, liability, or claim for death, injury, loss, damage or 3 • 0 expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by District, its officers, agents or employees, with respect to the Project; or (ii) following District acceptance of the Project with respect to the maintenance and operation of the Project Improvements, except where such expense, liability or claim is proximately caused in whole or in part by any act, omission, or negligence of City, its officers, agents or employees, or by any act or omission for which City, its officers, agents or employees are liable without fault. 15.This Agreement shall be binding upon and insure to the benefit of the successor and assigns of City and District. This Agreement constitutes the entire Agreement between City and District and supercedes all prior understandings and agreements between the parties with respect to the subjects hereof. This Agreement may only be modified in writing and signed by both parties hereto. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding and Indemnification Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ccu t' h City Attorney for the City of Newport Beach CITY OF NEWPORT BEACH a Municipal Corporation 0 ATTI City for th Z'7." District Counsel for Newport Mesa Unified School District NEWPORT MESA UNIFIED SCHOOL DISTRICT a California School District 'resident, Board of Education t : \users\pbw\shared\contracls \ty 03- 04\npt coast elem school c- 3684\mou- nmusd.doc rd 9 0 ECEIV ) � llCW4RSl50EPAPT%AEN'; ,ivOFNFLNiDOAT9EACH CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 29 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Gl7Y OF M£ NPOR7 SEA William Patapoff, P.E. 949 -644 -3311 CU(llt bpatapoff@city.newport-beach.ca.us SUBJECT: APPROVAL OF THE MEMORANDUM OF UNDERSTANDING AND REIMBURSEMENT AGREEMENT WITH THE NEWPORT -MESA SCHOOL DISTRICT FOR THE NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD - CONTRACT NO. 3684 RECOMMENDATIONS: 1. Approve the Memorandum of Understanding (MOU) and Reimbursement Agreement between the City of Newport Beach and the Newport-Mesa Unified School District for the Newport Coast Elementary School Loop Road. 2. Approve a budget amendment authorizing the transfer of excess Bonita Canyon Bond funds from the City Improvement Account to the School Improvement Account for the total anticipated project cost of $508,889. Additionally, this budget amendment will appropriate $460,007 in the Contributions Fund and $25,259 in the General Fund for anticipated project costs not yet appropriated. Finally, this budget amendment will also increase revenue estimates in the Contributions fund by $460,007 and General Fund revenue by $47,883 to reflect the reimbursement from the School District Improvement account. DISCUSSION: When the Newport Coast Elementary School opened in 2001, a little more than 300 students were enrolled. During the 2004 -05 school year, that enrollment figure is estimated to double. With the increased enrollment, the amount of traffic congestion has increased due to the additional vehicles dropping off and picking up students at the school. Currently, the vehicles enter the school parking area from Ridge Park Road to drop off and pick up the students. This area becomes very congested and backs up onto the public street causing safety concerns along the roadway. The existing area cannot accommodate the amount of school traffic, therefore a plan has been designed to alleviate this condition. SUBJECT. Approval of the fAtem.0 of Understanding with Nev:port -Mesa School do Newport Coast Elementary Loop Road Contract No. June B, 2004 Page 2 Exhibit A of the MOU depicts a loop road on school property that takes access from a right turn lane off of Newport Coast Drive. The road follows the school property line around the north and east boundaries of the school and connects to the existing parking lot and then exits onto Ridge Park Road. This route provides a much improved drop off zone with a much longer stacking area for the vehicles. A Community Facilities District (CFD) was established in 1998 to finance public facilities and the CFD subsequently issued bonds to finance certain School District (NMUSD) and City improvements. Both the City and School District are representatives of the CFD and maintain separate Improvement Accounts. The City has surplus bond funds available in its account and pending the approval of the MOU, would transfer a portion of the surplus funds to the School Improvement account for the construction (and other related costs) of the loop road. In accordance with the language in the Bonita Canyon bond indenture, the surplus funds are required to be transferred from City Improvement Account to the School District Improvement account even though the City will manage and advance the cost of the project. The City has designed and would administer the construction of the loop road. Per the MOU, the School District will reimburse the City from the School Improvement Account. A 5% administrative fee based on construction costs will be invoiced to the School District to cover the costs associated with inspection, permits, construction administration, surveying, accounting and legal issues. Construction bids were received on May 25, 2004, and staff is recommending award as a separate item on tonight's Council agenda. In addition, the School Board approved the MOU and Reimbursement Agreement at their May 25, 2004 meeting. If approved by the City Council, City staff would use its best efforts to administer the construction so that the loop road is substantially complete before the start of school in September, 2004. Prepared by: O rii. ' 'at� William . City Engineer Attachment: Submitted by: Memorandum of Understanding Budget Amendment 4, 00 MEMORANDUM OF UNDERSTANDING AND INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT MESA UNIFIED SCHOOL DISTRICT THIS MEMORANDUM OF UNDERSTANDING AND INDEMNIFICATION AGREEMENT is made and entered into as of this day of , 2004 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and the NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a California school district ( "District "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statures of the State of California and the Charter of City. B. District is a school district duly organized and validly existing under the laws of the State of California and is currently operating Newport Coast Elementary School (grades K -6), at 6655 Ridge Park Road, Newport Coast, CA 92657, and said elementary school is located within the City limits. C. Newport Coast Elementary School was opened in February 2001 with an enrollment of 312 students. Enrollment for the current school (2003 -2004) year is 570 students and is estimated to increase by 85 -100 students in 2004 -05. D. The larger than anticipated increase in enrollment has led to a severe traffic congestion problem in the mornings and afternoons, as the existing school parking lot cannot accommodate the large number of vehicles dropping off and picking up students. E. City and District are both desirous to reach an agreement on a solution to the problem. F. City has surplus funds available from a CFD bond issue for the construction of Bonita Canyon Sports Park among other improvements, and City has determined that these surplus funds, or a portion thereof, can be used for construction of improvements at Newport Coast Elementary School, to alleviate the traffic congestion problem. 1 ft 40 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. District and City agree that a portion of the surplus bond issue funds shall be made available for construction of an access road at Newport Coast Elementary School to alleviate the traffic congestion. 2. City will design and administer the construction of a paved access road off Newport Coast Road, as shown on a conceptual plan attached hereto as Exhibit A. The project shall be known as the Newport Coast Elementary School Loop Road ( "Project"). 3. City will provide District with copies of the Project plans and specifications for District's review and input. 4. City will use its best efforts to award a construction contract for Project in a timely (June 2004) manner to allow construction to start after the current (2003 -04) school year has ended and to be substantially completed prior to start of the next school year (September 2004), so that the access road will be available for District's use. 5. City agrees that all construction will be done in accordance with City codes, ordinances, and current industry practices. 6. City agrees to name District as an additional insured on all required construction contract insurance policies. 7. District agrees to allow City and its contractor sufficient access to District's property to construct Project. 8. City agrees to repair any and all damage to District's property as a result of construction operations and to restore District's property to its pre- construction condition following completion of the Project. 9. District agrees that upon completion of Project to City's and District's satisfaction, District shall assume full and permanent maintenance and operation responsibilities for the "Project Improvements ". 10. City shall indemnify, defend and hold District, its officers, agents and employees harmless from any expense, liability, or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the Project, as a result of any work or action performed by City or on behalf of City, except where such expense, liability or claim is proximately caused in whole or in part by any act, omission, or negligence of District, its officers, agents or employees or by any act or omission for which District, its officers, agents or employees are liable without fault. 2 F"" L-49NA 09 11. District shall indemnify, defend and hold City, its officers, agents and employees harmless from any expense, liability, or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by District, its officers, agents or employees, with respect to the Project; or (ii) following District acceptance of the Project with respect to the maintenance and operation of the Project Improvements, except where such expense, liability or claim is proximately caused in whole or in part by any act, omission, or negligence of City, its officers, agents or employees, or by any act or omission for which City, its officers, agents or employees are liable without fault. 12.This Agreement shall be binding upon and insure to the benefit of the successor and assigns of City and District. This Agreement constitutes the entire Agreement between City and District and supercedes all prior understandings and agreements between the parties with respect to the subjects hereof. This Agreement may only be modified in writing and signed by both parties hereto. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding and Indemnification Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach CITY OF NEWPORT BEACH a Municipal Corporation M1 Mayor ATTEST: City Clerk for the City of Newport Beach fiusers \pbw\shared\agreements - outside \nmusd- mou.doc District Counsel for Newport Mesa Unified School District NEWPORT MESA UNIFIED SCHOOL DISTRICT a California School District M President, Board of Education a m LLJI 4#y of !Newport Beae BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: General Fund Fund Balance from existing budget appropriations X from additional estimated revenues REVENUE ESTIMATES (3601) from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $508,889.42 AIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditures appropriations for the Newport Coast Elementary School Loop road ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund Fund Balance 400 3605 Bonita Canyon Fund Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description 250 4849 Contributions - School Contribution • 9010 5132 General Fund - City Staff Service Fee EXPENDITURE APPROPRIATIONS (3603) Description Division Number 5100 Public Works - Engineering Account Number 7020 Salaries - Part-Time Account Number 7425 Medicare - Fringe Account Number 7460 Retirement - Part-time Division Number 7251 Contributions Fund Account Number C5100745 Npt Coast Elementary Loop Road Division Number 7441 Bonita Canyon Development Fund Account Number C5100758 Transfer to NMUSD Division Number Account Number Signed: Signed: Signed Financial Approval: Administra ve Services Director Administrative Ap oval: City Manager City Council Approval: City Clerk Amount Debit Credit $22,624.39 $508,889.42 $460,006.50 $47,882.92 $24,010.00 $348.15 $900.38 $460,006.50 $508,889.42 Date G O ate Date CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 30 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department William Patapoff, P.E. 949 - 644 -3311 bpatapoff@city.newport-beach.ca.us BY rHE CITY COUNCIL CITI OF NEWPORT BEACH ;u�i w 1004 SUBJECT: NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD - AWARD OF CONTRACT NO. 3684 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3684 to GCI Construction, Inc. for the Total Bid Price of $364,552.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $36,500.00 to cover the cost of unforeseen work. 4. Approve geotechnical work in the amount of $7500.00. 5. Approve special retaining wall inspection services in the amount of $15,000.00 DISCUSSION: At 11:00 A.M. on May 25, 2004, the City Clerk opened and read the following bids for this project: BIDDER Low GCI Construction 2 E.A. Mendoza 3 International Paving Solutions TOTAL BID AMOUNT $366,552.00* $404,100.00 $415,161.50 " Corrected Bid Amount is $364,552.00 The low total bid amount is 1.2 percent above the Engineer's Estimate of $360,100.00. The low bidder, GCI Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for Newport Beach and other municipalities. SubjezA: Newpoci Gcast El r School Loop Road - Award of Contraa N. 4 June 8. 2004 Page: 2 This project is a cooperative effort between the City of Newport Beach and Newport Mesa Unified School District, and is the subject of a Memorandum of Understanding between the City and the District, which is also on tonight's Council agenda. The purpose of the project is to provide relief from the severe traffic congestion problem, which occurs at Newport Coast Elementary School every morning and afternoon at school opening and school dismissal, as parents attempt to drop off their children. The existing on -site school parking lot cannot accommodate the large number of vehicles, and as a result, traffic backs up on Ridge Park Drive, and on occasion, onto Newport Coast Drive. The problem is exacerbated in the afternoon by construction vehicles using Ridge Park Drive to access Newport Coast Drive. City staff investigated several potential solutions, and ultimately, City and District staff agreed that an on -site access drive along the perimeter of the School property was the most feasible solution. This contract will provide for the construction of the access drive. Per the Contract Specifications the Contractor will have 35 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15314 (Minor Additions to Schools) of the CEQA Implementing Guidelines, and a Notice of Exemption was filed with the County Recorder's office on May 10, 2004. Geotechnical Services: Geotechnical services will be provided by Geosoils, Inc. for an estimated amount of $7,500.00. Funding Availabilitv: Funding will be provided by surplus funds from the 1998 Bonita Canyon bond issue: Account Description Newport Coast Elementary School Loop Road Prepared by: may, w= ap City Engineer Attachments: Project Location Map Bid Summary Account Number Amount 7251- C5100744 $423,552 Submitted by: ;KG. 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N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g o 0 0 o ui o o r o 0 0 0 0 0 F"oo o oin ro corm0000 0 Z ❑ o N O V O h O 0 o 0 O N t0 0 N t0 uj N M M C O N N O CJ m O r N t0 ON : 7 -d o U � U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Zoo°00000�orrv�ooOO 0 N a N o o o n o O o 0 o 0 0 0 0 0 o O o o 0 0 0000000000000000 Z 000000000co o 0 o 0 �n N �n0000 0 0 @ N 0 N N MN 0 o M r N O N (V - N fp Cl M -E❑N 4U r CO —M q C wd N � m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 mF o o o o o o v ro w ui o o o o w O O O O O N N N cp O O O W Z 0 0 C 0 0 0 0 O N w ❑ N N O CO } Z rN OMO) Mt00O U m LL Z s i a m C O Y Y@ L E.0 �% o❑ � (0 N@ n N @ m U d fn (n c a 9 a a d 3 3@ co o N c W � m O O ❑O@ U C9 U U (A W 2 V o c j o m m Ucc nTrn� �HU��KFT- VTa�ov�¢> E� WH -NC�a�nor000�NC�v�n co W m a b m m ti h m 0 O C V W L 3 n m Newport Coast Elementary Proposed "Loop" Road Newport Coast Community Meeting Newport Coast Elementary School Monday, June 21, 2004 What We'll Cover • Introductions • Why we're here — what's the problem? • What did we review and why weren't they selected? • The Preferred Alternative • How it should work in Real Time (Operational Aspects) • Communication steps • Facts about the City's steps (CEQA et a1) • Q &A • What's next • How to find out more 1 0 Why We're Here 0 • It's about safety. The current situation is not as safe as it should be for children and parents because of: ■ Drop -offs on all parts of Ridge Park Road ■ Ridge Park is an arterial residential collector street with posted speeds- at 45 mph and a steep grade. ■ Queuing in undesirable spots — like by the NC Fire Station ■ Construction trucks on Ridge Park Road ■ And more... • Unfortunately, more queuing space is a necessity. • NC Elementary is going to grow: • New students next year and • District has plans for just 2 pick -up times next year (100+ and 500+ students!) NC Elementary Video E i,JJ S :: _ 1 i 4 �� ��t�- .� .{' J` j /'� 4 d.. sr � 5 Why weren't they selected? ■ Traffic Signal at Ridge Park and school entrance. • Too close to signal at NC Drive and Ridge Park. • Doesn't add any queuing space — queue would go into the NC Drive intersection (as it can today). ■ Drop -off location on N/B Newport Coast Drive, near the steps. ■ Not accessible to persons with disabilities • Dangerous location to pull over, park, and drop off students • Queuing limited and will back up into NC Drive /Ridge Park intersection. Why weren't they selected? (cont'd) ■ Prohibition on Left Turn from Ridge Park into school grounds. • Alone this action doesn't add to queuing space. • Would force drivers up the hill to Tesoro to turn around, cause a bottleneck up there. ■ Additional queuing along W/B Ridge Park up hill towards Tesoro entrance. • Would need an extra lane and must purchase land from private property owners. • Doesn't help solve the problem at Ridge Park and school entrance. 11 Why weren't they selected? (cont'd) ■ Crossing Guard at Ridge Park at school entrance. ■ Volume does not meet warrants for guard. ■ Unsafe condition for guard and students (45 mph & steep grade). ■ Doesn't address need for more queuing space - problem would still exist. ■ Operational Changes on school grounds. ■ Changes that rely upon peoples' behavior don't always last. ■ Parents in a hurry can ruin the system. There's always at least one parent in a hurry. ■ Queuing space still would be a problem. ■ School can't stagger the release times enough to even out the numbers of pick -ups and drop -offs • Process complicates matters for parents with students in multiple grades • Bus system cannot accommodate the changes The Preferred Alternative A 1,100' Loop Road • Road would start with a right turn off of N/B Newport (least Drive onto school grounds past the playing fields and ending at the parking lot. • Road would be 20' wide with: • A 5' sidewalk along 640 feet of the 1,100 foot long road, and • A fence along the playfidd side — ther s enough space for a car to park a car to pass, and a child to walk safely. • Road would have a gate so that it is only open during school hours on school days (8-4, M -p, closed during vacations). • No buses • Sensor activated egress gate will prevent someone from being "trapped" on road. Benefits to queuing & drop -off space: ■ 't'odayb drop -off space is 400 feet — with Loop Road, goes to 1,040 feet (drop -ofi = anywhere where sidewalk is adjacent to a curb). ■ Today's queuing space is 450 feet, goes to 1,150 feet. 11 9 0 The Preferred Alternative (cont'd) • During drop off (7:30 -9:00 a.m.) and pick -up (2:00 -4:00 p.m.) hours: ■ _U school ingress from Loop Road ■ _U school egress onto Ridge Park Road ■ Left and Right "Cum Only lanes provided at egress point ■ Only buses can use Left Turn lane from E/B (uphill) Ridge Park Road ■ No parking on W/B (downhill) Ridge Park Road ■ No right turn into school "entrance" from W/B (downhill) Ridge Park ■ No drop -off on W/B (downhill) Ridge Park Road • During all weekdays: ■ No parking or stopping on E/B (uphill) Ridge Park Road. ■ No Commercial Vehicles on Ridge Park Road. 9 9 0 The Preferred Alternative (cont'd) ■ Adjust signals (Left Turn, NC Drive onto Ridge Park and Left Turn, Ridge Park onto NC Drive) to allow more cars to go through the intersection at left arrow. ■ Operational Improvements on the school site. These are starting points for us — aspects may have to be modified or fine -tuned once we see it in operation. Aspects of Operational Improvements • During summer, school officials will send a letter to all parents explaining the procedure, which is: ■ The Loop Road is the only way to get in the school. ■ No right turn in off of W/B (downhill) Ridge Park ■ No left turn in off of E/B (uphill) Ridge Park (buses excepted) ■ Drop -offs are OK all along the Loop Road sidewalk. • Reiterated at the "Friday- Before- Labot-Day" meeting with Ms. Van. • Staff at school "entrance" with cones to allow buses in and to wave parents on to the Loop Road. • PD will actively enforce all restrictions for as long as it takes to gain voluntary compliance. 1`I ML 9 0 Communication So Far • Concepts reviewed over several months with: ■ Newport Beach PD, Public Works, City Manager ■ Newport -Mesa Unified School District ■ NC Elementary PTA • Extensive on -site visits from: ■ Newport Beach PD, Traffic Engineering, City Manager's Office, School Superintendent and other District Staff ■ All -Hands visit Friday June 18,h at drop -off time • NCAC Meeting • Tonight's Community Meeting Facts about City's Steps ■ Financing: • A $450,000 project consisting of: ■ Roughly $350,000 contract to construct the road ■ Another $100,000 for design, management, gate, more • From the Bonita Canyon Community Facilities District (CFD or "Mello- Roos ") ■ CEQA ■ Categorical Exemption. Notice of Exemption ( "NOE ") filed on May 10, 2004, Category = §15314 10.] E Facts about City's Steps (cont'd) ■ Memorandum of Understanding and Reimbursement Agreement (MOU /RA) • Executed by Newport -Mesa USD on May 25, 2004. • Delayed from June 8, 2004 City Council meeting until this meeting. • Possible City Council approval tomorrow night. ■ Contract to Complete the Work ■ Prepared for Council approval tomorrow night along with MOU /RA. Bonita Canyon Bond Indenture ■ Page 2 or Section 3.04(b) specifies how the City's portion of the Improvement Account can be used and what we can do if there are surplus proceeds at the end of the project. Also specifies that the City may transfer all or a portion of the City's remaining balance in the City Improvement Account to the School's Improvement Account. ■ Page 3 (or Exhibit B) of the indenture defines the City and the School's eligible project uses. The School Project: ■ ...consists of financing new construction, modernisation, relocation and interim failities, and related cons to serve studentsgenerated by development within the Community Facilities District ,... andl or enhancing teen port Coast Elementary School or CDM High School 10 9 What's Next 0 ■ Consideration of MOA /RA and Construction Contract ■ CounciPs agenda tomorrow night. ■ Council meets at 7:00 p.m. at City Hall, 3300 Newport Boulevard ■ If approved by City Council: • Start work in July (if not, another year will pass without relief and continued safety concerns for students and parents). • Complete work by Labor Day 11 9 0 How to Find out More ■ Contact Information: ■ Steve Badum, Director of Public Works ■ sbadum@city.neyTort-beach.ca.us or 949- 644 -3311 • Rich Edmonston, Traffic Engineer ■ Redmonston@city.newport- beach.ca.us or 949 -644 -3311 • Homer Bludau, City Manager ■ hb1udau@cijy.nMort-beach.qa.us city.newport- beach.ca.us or 949- 644 -3000 • Council Members Heffernan and Nichols ■ ihff e aol.com and raneng @inetworld.net How to Find out More ■ Contact Information: • Paul Reed, NMUSD ■ preed(@nmusd.edu • Lt. Andy Gonis, NBPD ■ aaa onis@nbpd_or ■ Web Site (for City Council agendas /info) ■ www.city.ne=ort- beach.ca.us 12 ,,_: -,, ter:; :: -+ -:. jWty of Newport Beach BUDGET AMENDMENT 2003 -04 a$3;?- NO. BA- 04BA -069 AMOUNT: $508,889.42 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditures appropriations for the Newport Coast Elementary School Loop road project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund Fund Balance 400 3605 Bonita Canyon Fund Fund Balance Amount Debit Credit $22,624.39 $508,889.42 REVENUE ESTIMATES (3601) Fund /Division Account Description 250 4849 Contributions - School Contribution $460,006.50 9010 5132 General Fund - City Staff Service Fee $47,882.92 EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Signed Signed: Signed: Approval: Services Director City Council Approval: City Clerk $24,010.00 $348.15 $900.38 $460,006.50 $508,889.42 Date G o ;Z0, y� Date Description Division Number 5100 Public Works - Engineering Account Number 7020 Salaries - Part-Time Account Number 7425 Medicare - Fringe Account Number 7460 Retirement - Part-time Division Number 7251 Contributions Fund Account Number C5100745 Npt Coast Elementary Loop Road Division Number 7441 Bonita Canyon Development Fund Account Number C5100753 Transfer to NMUSD Division Number Account Number Signed Signed: Signed: Approval: Services Director City Council Approval: City Clerk $24,010.00 $348.15 $900.38 $460,006.50 $508,889.42 Date G o ;Z0, y� Date Jun 22 04 07:33a • June 22, 2004 Dear Councilman Heffernan, • "RECEIVED AFTER AGENDA PRINTED:" S2 , e13 I am a parent of Newport Coast Elementary School. I am requesting that you give strong consideration to the Loop Road being proposed at tonight's City Council meeting. The safety of our children is my main concern. We have too many cars /students for the school site at this time. Something MUST be done immediately to resolve our traffic solution before a child is seriously hurt. I realize the community located above the site is opposed to this project. Many of these residents are angry about the lack of information given to them on such short notice. While I agree that the city may have done a poorjob in communicating this project, it is not enough reason to disapprove this very important solution. I also feel the argument that property values would be adversely affected is unfounded. If a potential homeowner is looking at that property, it is above a school site and anyone considering these lots would know that they cannot control the operations of the school and some of the aesthetics that come with it, I have been an active member on the PTA board. I have been part of the committee that requested the City of Newport Beach get involved. I applaud their response and hope that you, the representative of Newport Coast, properly represent our voice. It is for the safety of the children. Thank you for your consideration. hris Lis bk ✓ke /V / .s 8 Montreaux Newport Coast, CA 92657 p.2 n 22 04 07:32a p.1 June 22, 2004 Dear Councilman Nichols, I am a parent of Newport Coast Elementary School. I am requesting that you give strong consideration to the Loop Road being proposed at tonight's City Council meeting. The safety of our children is my main concern. We have too many cars /students for the school site at this time. Something MUST be done immediately to resolve our traffic solution before a child is seriously hurt. I realize the community located above the site is opposed to this project. Many of these residents are angry about the lack of information given to them on such short notice. While I agree that the city may have done a pour job in communicating this project, it is not enough reason to disapprove this very important solution. I also feel the argument that property values would be adversely affected is unfounded. If a potential homeowner is looking at that property, it is above a school site and anyone considering these lots would know that they cannot control the operations of the school and some of the aesthetics that come with it. I have been an active member on the PTA board. I have been part of the committee that requested the City of Newport Beach get involved. I applaud their response and hope that you, the representative of Newport Coast, properly represent our voice. It is for the safety of the children. Thank �ouyou for your consideration. lt' " � ' ° j�k-"C— Chris Luebke 8 Montreaux Newport Coast, CA 92657 SY: DANA SCHONWIT; June 21, 2004 9494942617; JUN -21 -04 11:09PM; • Dana Schonwit 4 Andiamo Newport Coast, California 92657 City Council Members CITY OF NEWPORT BEACH Re; Proposed loop road at Newport Coast Elementary School Dear City Council Members: As you will be deciding the fate of our children's safety during your session tomorrow evening, I besiege you to consider the following information when making your decision. I have been a resident of Newport Coast since its inception over nine years ago and currently reside in the Campobello community, which is above the Tesoro community off of Ridge Park Road. I have had three children attend Newport Coast Elementary (NICE) over the past four years. Furthermore, as co -PTA President over three years, I have played an active role in working with the community, staff, County and City in addressing traffic conditions at our school site. Having said that, I want to assure you that we have made numerable attempts to mitigate the problems that our school's geographic conditions have provided us. When we belonged to the County, we met with the Orange County Traffic Commission, Board of Education members and District personnel to discuss an array of issues including speeds on Newport Coast Drive and Ridge Park Road; signage; crossing guards at major intersections; signal timing; possibility of a pedestrian bridge over Newport Coast Drive; and a crosswalk from the school's entrance /exit across Ridge Park Road. Unfortunately, the County offered little support in the area of safety for our children. They set speed limits in accordance with the flow of traffic on those respective roads and put up signs indicating "school zone." The pedestrian bridge was squelched as Cal-Trans prohibits pedestrian bridges in such close proximity to signals. (In addition, the Board of Education did not want to encourage school kids to exit the school via a retail center.) The crosswalk for Ridge Park Road, located at our school's entrance, was also now allowed by Cal -Trans as a result of it being too close to a major intersection (Newport Coast Drive). In addition, the Traffic Commission did not want to encourage pedestrian traffic at this location, which was already congested. PAGE 1 SENT BY: DANA SCHONWIT; • City Council Members June 21, 2004 Page 2 of 3 9494942617; JUN -21 -04 11:1OPM; PAGE 2/G 0 Al Although our school did not qualify for busing given the proximity of residences to the school, we requested the District to provide it. They willingly did. We put a plan into place whereby parents were to line up on Ridge Park Road and only turn right into the school so that congestion would not occur at our school's entrance, This system failed as people would let their kids out on Ridge Park Road and then pull out into traffic. Furthermore, the Tesoro residents were not happy about parents turning around at their gate /entrance. It also proved dangerous as people would make u -turns in all areas of Ridge Park Road. We have modified our dismissal times to accommodate the increase in congestion. Unfortunately, people still line up before each dismissal time so that they can get their children to appointments, sports, etc. after school. Those with multiple children must follow the carpool route at least two to three times to pick up their children. Aside from these traffic issues, traffic conditions also exist as a result of parents parking on Ridge Park (both sides) and walking or crossing Ridge Park to get their children to school. That, coupled with the construction traffic, just adds to the mayhem and danger. We approached the City as soon as we were annexed to literally beg for assistance in making it safer for our children to attend school. They agreed with the poor conditions and agreed to have their traffic consultants /engineers review the problem and come up with the best solution possible given current conditions and the new 300+ homes being built above Ridge Park Road. We believe that they have done so. With a few minor modifications, we concur with their recommendations. As you are aware by now, they have proposed: a. A loop road which would allow a substantial amount of cars to be lined up on the school grounds, which is much safer than cars lined up on Ridge Park Road; b. Red curbing the south side of Ridge Park Road and limiting the parking on the north side of the street to after drop-off and before pick -up; C. Providing a new driveway restricted only to buses and gating off the bus area so that busing moves safely and quickly; d. Limiting confusion and danger by having the entrance and exit of the school as one way, respectively, and, e. Enforcement of these new traffic conditions by the police department. SENT BY: DANA SCHONWIT; E City Council Members June 21, 2004 Page 3 of 3 9494942617; JUN -21 -04 11:iOPM; 0 Some Tesoro residents are angry at how the proposed road was presented to them. I cannot argue with that. However, the argument that their home values will depreciate as a result of this road appears to be secondary to the safety of any Newport Coast resident -- especially that of a child. For them to argue that not enough has been done to investigate alternative remedies also rings false to my ears, Plenty has been done as I have just described. Furthermore, comments that other schools seem to make it work doesn't really comparo as our school's site is unique. Not one school in our district sits on a major arterial highway bisected by another major road with a 45 m.p,h. average speed. Obviously, walking to school is not exactly possible for much of the residents in our community given the same geography. There will be approximately 640 students and approximately 10.15 residents impacted by your vote tomorrow. If you really want to represent your constituents then perhaps you should look at the quantity of those impacted on both sides of the argument. More importantly, should a child get hit (which is just a matter of time), you will have to live with the consequence of your decision. Which lawsuit would be worse? Thank you for giving me the forum to state my opinion. I will be attending tomorrow night's session should you have further questions or I can be reached at (949) 494 -4617 if you would like clarification on the history of our traffic situation. Sin,rerely, Dana Schonwit PAGE 3!3 City of Newport Beach City Council Members 3300 Newport Blvd. Newport Beach, CA. Fax #949 -644 -3020 Re: Proposed Newport Coast Elementary School loop road After attending or being informed of the public meeting on June 22, 2004 regarding the proposed changes to the Newport Coast Elementary School access road we the undersigned residents of Newport Coast strongly support the proposed plan. Other options were investigated but for the safety of the children and residents of the community who commute on Ridge Park Road this proposal is the most acceptable to accomplish the desired goal, which is SA FE7Y. We realize homeowners in the immediate vicinity of the school were concerned with exhaust and noise. If we could increase the flow of traffic, as this plan should accomplish we should see less fumes and traffic noise. The current situation is intolerable with a line of idling cars on Ridge Park Road waiting to make a left turn into the school backing up traffic into the intersection. In addition there are j walking parents with their children, cars making left turns in front of on coming traffic, cars making illegal u turns in blind spot areas; it is only a matter of time until someone's car hits a child. Thank you for your consideration. 0 0 kt A'. 06 -22-04 02:29pm From -ISTA Pharmaceuticals 9497897744 T -088 P.01 /01 F -198 "RECEIVED A7ER AGENDA Co 22�QQ- June 22, 2004 Councilman John Heffernan City of Newport Beach District 7 Honorable Councilman Heffernan: As a resident of Newport Ridge and a concerned parent of two children at Newport Coast Elementary School in Newport Coast, I am appealing to you for your support of the proposed Newport Coast Loop Road. Traffic issues have plagued out school since its opening in 2001. These issues have accelerated this year as the student population has grown. During the past two school years, I have been involved in one traffic accident during school drop off. Fortunately, no one was injured. Recently, I had a very upsetting "near miss" that I would wish upon no one. My vehicle was next in line to turn left into the school during morning drop off as a child started to run across Ridge Road. I slammed on the brakes. I looked up to see a cement mixer coming down the hill at what appeared to be a high speed. He honked his horn, and he appeared to hit his brakes but he did not skid into the line of cars I was in. The child made it across, and no one was injured, but it was just too close for comfort. Something needs to be done. There are no perfect solutions. I truly believe that the proposed Newport Coast Loop Road would greatly alleviate the traffic that gets stacked up on Ridge Park and help to keep traffic in and around the school mote manageable. I hope you vote tonight in favor of this project. Thank you for your time. Sincerely, Lauren Silvernail 10 Hertford Street Newport Coast 06/22/2004 14:12 FAX 949 718 4845 KOMAR 9002/004 • June 22, 2004 Councilman John Heffernan City of Newport Beach District 7 Honorable Councilman Heffernan: As a concerned parent of two children at Newport Coast Elementary School in Newport Coast, I am appealing to you for your support of the proposed Newport Coast Loop Road. Traffic issues have plagued our school since its opening in 2001 when I served on the Traffic Committee at school and we mulled over many of the same issues we still face today. Despite repeated reminders from Ms. Van, our principal, parents still continue to put their children and others at risk by crossing Ridge Park by foot at the driveway. This happens in all types of weather including foggy, wet days when large tractor trailers are coming down the hill from the new home construction sites at the top of Ridge Park Road. This is just one of the few problems with traffic, but one of the more obvious. I do believe the proposed Newport Coast Loop Road would greatly alleviate the traffic that gets stacked up on Ridge Park and help to keep traffic in and around the school more manageable. I hope you vote tonight in favor of this project. Thank you for your time. Sincerely,. 7Futa 22 Menton Newport Coast 06/22/2004 14:12 FAX 949 718 4845 KOMAR Q004/004 June 22, 2004 Councilman Richard Nichols City of Newport Beach Honorable Councilman Nichols: As a concerned patent of two children at Newport Coast Elementary School in Newport Coast, I am appealing to you for your support of the proposed Newport Coast Loop Road. Traffic issues have plagued our school since its opening in 2001 when I served on the Traffic Committee at school and we mulled over many of the same issues we still face today. Despite repeated reminders from Ms. Van, our principal, parents still continue to put their children and others at risk by crossing Ridge Park by foot at the driveway. This happens in all types of weather including foggy, wet days when large tractor trailers are coming down the hill from the new home construction sites at the top of Ridge Park Road. This is just one of the few problems with traffic, but one of the more obvious. I do believe the proposed Newport Coast Loop Road would greatly alleviate the traffic that gets stacked up on Ridge Park and help to keep traffic in and around the school more manageable. I hope you vote tonight in favor of this project. Thank you for your time. Sincerely, G� Teujita 22 Menton Newport Coast 14:58 FAX 310 320 2739 • TOKYU TRAVEL AMERICA SB • June 22, 2004 Mark and Julie Fujita 22 Menton Newport Coast. CA 92657 Councilman Richard Nichols City of Newport Beach Honorable Coundman Nichols: As a concerned parent of two children at Newport Coast E:lemeo tart' Sci ool in Newport Coast, l am appealing to you for your support of the proposed Newport Coast Loop Road. Traffic issues have plagued our school since its opening in 2001 when m} wife served on the Traffic Committee at school and the committee mulled over mane of the same issues we still face today- Despite repeated reminders from Ms- Van, our principal, parents still continue to put their children and others at risk by crossing Iridge Park by foot at the drivewaT This happens in all types of wmA er including foggy, wet days When large ttactor trailers are coming down the hill from the new home construction sites at the top of Ridge Park Road This is just one of the i--ew problems with traffic, but one of the more obvious. I do believe the proposed Newport Coast Loop Road would greatly alleviate the traffic that gets stacked up on Ridge park and help to keep traffic in and around the school more manageable. I hope you vote tonight in favor of this project Tlimk you for your time- Sincerely, ORk�t-- Mark Fujita 22 Menton Newport Coast 10001 06/22/04 14:53 FAX 310 320 2739 • June 22, 2004 TOKYU TRAVEL AMERICA SB • Mark and Julie Fujita 22 Menton Newport Coast_ CA 92657 Councilman John Heffernan City of ?Newport Beach District 7 Honorable Councilman Heffernan. As a concerned parent of two children at Newport Coast Elementary School in Newport Coast, I am appealing to you for your support of the proposed Newport Coast Loop Road_ Traffic issues have plagued out school since its opening in 2001 when my wife served on the Traffic Committee at school and the committee mulled over many of the same issues we still face today_ Despite repeated .reiniaders from Ms. Van, our principal, parents still continue to put their children and others at risk by crossing Ridge Park by foot at the driveway. This happens in all types of weather including foggy, wet days when large tractor trailers are conning down the hill from the new llcme construction sites at the top of Ridge Park Road. This is just one of the few problems with traffic, but one of the more obvious. I do believe the proposed Newport Coast Loop Road would greatly alleviate the traffic that gets stacked up on Ridge Park and help to keep traffic in and ground the school more manageable. I hope you vote tonight in favor of this project. Thank you for your time_ Siacerely, Ikk Mark Fujita 22 Menton Newport Coast 002 n 22 04 06:42p D. ANDERSON 949 - 494 -0005 p.l 62+� ne, �,agc I of l Donna Anderson From: "Donna Anderson" <dany2caQcox.net> To: <jhffQaol.com> Cc: <raneng @inetworld.net> Sent: Tuesday, June 22, 2004 6:39 PM - - - Attach: Donna Anderson.vcf Subject: Newport Coast Loop Road I um writing in vesponse to theproposa! of the loop road at Newpord Coast Elementary school. I fee! that this road i.r' the only viable remedy fora {iomficproblem at NCE. I have been at thin school since its inception. The lra�c is only getting worse. I have personally witnessed so many near misses involving pedestrians and cars. My heart has been in my throat and I was so stressed by the Lime 71 ft my daughter ut school, 1 decided it was not worth taking my child to scbool anymore. She taker the bus against da wishes. The people in Tesoro have been part of a group ofparents who have companied about the trafc but when asked to held out all ofa sudden they use too bury. As far as the road impacting theirptrperly values, the values havegone H vf can p more than dhreefnld. ow greedy weget�C flny newpeople moving in will never even know that the road has not always been them. Thar has not been a secret as some people have said This road was always a possibility, as other solutions were sought the police cannot be at our school every school day to monitor trade this is just not feasible. In 'losing, I believe that 450K is pennies compared to the lawsuit the district and the city would incur �/ a child is killed because of this situation. Respectfully, Donnallnder:son Date 1 �0 I Copies Sent To: 'I-E< or council Member ager ttorney_ G� a �- D a ___. 6/22/2004 6/22/04 TUE 18:03 FAX 9497153244 Kevin Griffith June 22, 2004 Fax: 949.644.3020 To: Newport Beach City Council Councilman Heffernan Councilman Nichols Fr: Kevin Griffith 58 Renata Newport Coast, CA 92657 Re: Proposed Newport Coast Elementary Loop Road Safety is of course the main issue. We know about trucks careening down the hill toward what we always see as a chaotic entry/exit scenario. I envision that one time that someone is stuck, just like on railroad tracks with nowhere to go. How can construction traffic still be allowed on this route in the first place? We do need a solution, but the approach is flawed. If the $450,000 sum was magically allocated for the best alternative, why were there not earlier more digestible sums created to manage the behavior problem that couldn't be mandated on the existing NCE staff? Is it their refusal to volunteer for additional pay that keeps us from being like all other schools with staffed drop -off zones? Bad behavior will still occur way out in a jammed corner pocket of the field, causing backups out to Newport Coast Drive. And will these people not be angry enough to buck the line for some drop off near Ridge Park or at Pavilions altogether? Does the $450,000 cover ongoing traffic management costs? I may also be incorrect on this next assumption, but if these funds are coming from a Bonita Canyon source that impacts Newport residents whose kids attend Anderson, I would be pissed if I were one of those folks who didn't also know about this. Didn't we ourselves suffer on the Aliso Viejo library allocation by the County? 10001 I'm not convinced this is the best short-term use of my tax dollars. There's still too much to explore and to voice to the community to have this thing jammed through an ill- communicated effort. Date Kevin Griffith Copies Sent To: �yor w G'Founcil Member tanager Vey _ C L.� • • CITY OF NEWPORT BEAC CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 25th day of May 2004, at which time such bids shall be opened and read for NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD Title of Project Contract No. 3684 $ 360,000.00 Engineer's Estimate '•5 ien G. Badum Works Director Prospective bidders may obtain one set of bid documents for $ 15.00 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 Emmet Berkery. Proiect Manager at (949) 752 -5221 1 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONSTO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.................................................................................... ...........................PR -1 SPECIALPROVISIONS ........... ... .............................................................................. SP -1 tj CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 0 • securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.qpo.gov/davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the. signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. '15535(0 Contractors License No. & Classification GCT Consi ruc�(On Tin( Bidder sec. Tr-ea5 . AuzedSignature/Title FIo�c2 C32r.ne 5 -ai -o Date 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL, LOOP ROAD CONTRACT NO. 3684 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of _TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($_107 OF BID ), to be,paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD, Contract No. 3684 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 19th day of MAY 2004: GCI CONSTRUCTION, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF Name of Surety 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone Au ignature/Tde Flold bell /Sec.Tregg. MARYLAND uthorized Agent Signature BLUME, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) t F36f m+n..e.wm SFgRCH w/.u.en�uu� ear „GOI' More Search Qptc-K WM�e aa„ .. W.11. •esx yw nx,ur� Accessing the pages an ambestcom constitutes the users agreement to our terms of use; Information collected Na this Web site is protected by our riP vac statement', Comments or concerns Q Member of Zurich Financial Services Group A.M. Best 4: 003H7 NAIC Y: 39306 View a list of group members or the croup's rating ru,, Best's Rating L BEST A (Excellent)* ,- Financial Size Category WW XV ($2 billion or more) "Ratings as of 071251004 04:14:57 PM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information maybe distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of I t�,i��a� On 2' T , before me, C • �U I " �LG I V� Date Name and Title of Officer (e,g..'Jane Dce, Notary Pu tic ") personally appeared JANET L. RUSSELL Commission #1335385 Notary Public- CaUl lie £ Orange County 0h&yComm.EVWn0w21,2W5 Names) of Signega) it personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(ary is /are subscribed to the within instrument and acknowledged to me that he/shethey executed the same in his /ber /their authorized capacity(iesT, and that by his /lheer/thtI signatureWon the instrument the personiter or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand nd Oiff icial sseal�i V !- Place Notary seal Above Signature of N L . OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual • Corporate Officer — Title(s): Q Partner — D Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 Naocoal Notary Asscaaeoo • 9350 Ce Soto Are.. P.O. Bov 2a02 • Cbals rth. OA 91313C402 • w oatmnalnotary.otg Prod No 5907 RNmdr: Call Toll Free 1.NO S76OS27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I ss. On l'7 o before me, R. STANDLEY Dale Name and Title of Offer fe g..'June Doe. Notary Public) personally appeared SHAWN BLUME X; personally known to me proved to me on the basis of satisfactory evidence to be the persol W whose name(af is /am- subscribed to the within instrument and acknowledged to me that he /she4hey executed the same in his /hesft leV authorized capacity(io4, and that by his /he04heir signature(s)'on the instrument the person(si), or the entity upon behalf of which the person(W acted, executed the instrument. WITIN SSmy h nd and ooffff ii ial seal. `y Y �� V✓ Place Notary Seal Above Signature of Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): ._ ,.. Partner —..... Limited . General Attorney in Fact Trustee ._ Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHTTHUMBPRINT OF SIGNER : 1999Nalrrri Nolory Al.11,1uon. 935D Oe Soto AVa PO Box 2102 • CIW¢wOSlt CA 913132/08 ., 111,nnxlvwm', ow ww uu 5907 Pemder Calt TUlLEee 1 3008%6682] R.STANDLEY t: ti i COMM. #1263272 w `\ NOTARY PUBLIC • CALIFORNIA m y RIVERo1DE COUNTY _v My COMM., Expires June 7, 7004 X; personally known to me proved to me on the basis of satisfactory evidence to be the persol W whose name(af is /am- subscribed to the within instrument and acknowledged to me that he /she4hey executed the same in his /hesft leV authorized capacity(io4, and that by his /he04heir signature(s)'on the instrument the person(si), or the entity upon behalf of which the person(W acted, executed the instrument. WITIN SSmy h nd and ooffff ii ial seal. `y Y �� V✓ Place Notary Seal Above Signature of Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): ._ ,.. Partner —..... Limited . General Attorney in Fact Trustee ._ Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHTTHUMBPRINT OF SIGNER : 1999Nalrrri Nolory Al.11,1uon. 935D Oe Soto AVa PO Box 2102 • CIW¢wOSlt CA 913132/08 ., 111,nnxlvwm', ow ww uu 5907 Pemder Calt TUlLEee 1 3008%6682] ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We aremaking the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. go action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_ This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Companv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 - 0050749.doc Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI. Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Shawn Blume, of Riverside, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance gee presents, sitioe as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackn d by the re elected officers of the Company at its office in Baltimore, Md., in their own proper persons. ((�� The said Assistant Secretary does hereby certify that the extract set fpBhbb the revers ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. //�� , jj IN WITNESS WHEREOF, the said Vice - President and Assistany8,e�� have It ubscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLANP,*li,,2I st day ofd�e�y, A.D. 1998. ATTEST: FIDELITY AND�P"SIT COAlW1' OF MARYLAND eS L� �. By: �crC�Ll�(tf6r<�L_� +' T E. Smith n As isran( Sec r W B. Walbrecher Vice- President 0 Scare of Maryland ss: 'v County of Baltimore On this 21 st day of January, A.D. 1998, before the sub cr ; a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice - President and T. E. SMITH�t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and office bed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedi,strument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. COxmwn � / p� s G /� 1. Car 1J. Fader Notary Public My Co tmiss'9 Expires: August], 2000 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meetine duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed the corporate seal of the said Company, this day of Assistant Secretary L1428- 012 -0629A 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice-Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, .. , and to affix the seal of the Company thereto." CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 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 Number Description of Work % of Total Bid Name: Fit ( Rmeci C0.rt Sp f 3 n 5P 1)a. I 20 cA Address: L or o r a� Phone: 9 C CC- - - -7 (000 — State License Number: Name: So, I KL9+en+cT, W I � a a ado Address'co i (s br-( ^f �. Y1 � —1 Phone: /(PD"9ly�l�o -I� State License Number: Name: A lcorr) Address: / ra (' l /� n • V I Phone: —1 H`194-91447 State License Number. I _0 aq 5L•( a * 0 ve(_ _vlr moc e -� • Sez.owskl* 4 Mo,,, e I Ora ny, CA1. phi# q-7? -aaaa L� -* - q'4?8 9? • Tfc*-v�- /o CnCAAC I �� • jczowskl' 4 morke! Oran(, CA. �h q-78 aaaa i t t t i 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name G C I CONSTRUCTION, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Hoag Lower Level Central Plant- Cogen; Site Utilities Job No. 155 Project Description Site Utilities Improvements Approximate Construction Dates: From 8/03 To: In progress Agency Name Hoag Memorial Hospital / DPR Construction, Inc. Contact Person James Easley Telephone (94 j 574 -4467 Original Contract Amount $ 1.9M Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) In progress Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number Euclid Street Improvemnts @ State Route 91 Job No. 149 Project Description Street Improvements Approximate Construction Dates: From 11/03 Agency Name City of Fullerton Contact Person Yelena Voronel To In progress Telephone (714) 738 -6350 Original Contract Amount $ 984,380 Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) In progress Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3. Project Name /Number Urban Storm Water Runoff Treament Project Project Description Install Storm Water Runoff Approximate Construction Dates: From 8/03 To: In progress Agency Name City of Huntington Beach Contact Person David Verone Telephone (114) 375 -8471 Original Contract Amount $x',905 Final Contract Amount $ In progress If final amount is different from original, please explain (change orders, extra work, etc.) In oroaress Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No t3 No. 4 Project Name /Number Project Description • 0 Foothill S Barranca Distribution Main Project Job No. 147 Distribution Main Improvements Approximate Construction Dates: From 7/03 To: 12/03 Agency Name City of Azusa Contact Person Chet Anderson Telephone 026) 812 -5208 Original Contract Amount $ 494,167 Final Contract Amount $ 545,527 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name /Number UCLA South West Campus Housing Job No. 134 Project Description Storm Drain, Sewer, Fine Grade Improvements Approximate Construction Dates: From 3/03 To: In Progress Agency Name Contact Person Gordon S Williams Dennis Arguelo Telephone (310) 824 -1076. Original Contract Amount $1,289,985 Final Contract Amount $ TBD If final amount is different from original, please explain (change orders, extra work, etc.) In progress Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 6 Project Name /Number Project Description North Creek Storm Drain Diversion Storm Drain Diversion Improvements Approximate Construction Dates: From 5/03 To: 9/03 Agency Name City of Dana Point Contact Person Matt Sinacori Telephone 049) 248 -3575 Original Contract Amount $ 634,168 Final Contract Amount $ 713,267 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. G C I CONSTRUCTION, INC. Bidder -Autho¢ed Signature/Title Floyd E3mett Sxretary Treasueer 10 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of o�"Q_ r1 FlotAcQ 15evitiel bei99g9 first duly sworn, deposes and says that he Qr. h is C Q eC of &,T COnS+r Ltc4 00 ,rtk; the party making the foregoing bid; at the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. GCT COYT- JrLic ?'ior Bidder Author ed Signature/Title 10Jd- e)enne* /Sef.Tre4S. Subscribed and sworn to before me this 244 day offrri� b e ry Public ^^__ z My Commission Expires. bl C` -Z1 tGi JT ^ 11 dANEr L. RUSSELL Commission i 1335385 Notary Public -Ca fomia >NrC&T-n. 2004. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 DESIGNATION OF SURETIES Bidders name G C 1 %OvtSi r(kjlon . TI Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): bon& S }gng linS. Services t X1850 Wrli nc,4or\ Rye*13, Riy2rsic�r,CA 9 a5o`1 gOgi3y3 o38a Fax_ -(U9� 343 -1 --)-19 oY Sel4zer -Ins. service 15ay F- ub�` �rl iy� 12 C,R . q 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 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. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts Total dollar Amount C ntractsf (in 15.814 153M 13.OM 13 -IM -75M -11K &2;7M Thousands of $ No. of fatalities O O Q G No. of lost Workday Cases Q Q 0 Q G Q No. of lost O O Q Q CJ Q G workday cases involving permanent transfer to another job or termination of emQloyme-nt 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. 13 0 Legal Business Name of Bidder G CV- CCOns�ruJ10r\, -,V\C Business Address: ;W6 Fischer five CoS +o. Men CA .9acoato Business Tel. No.: C91yl 957 0a3.3r'� State Contractor's License No. and Classification: 7 5535 to CIaSS R Title Geherct,l Eh �yleeri The above information was compiled from the records that ar availabl vl 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 0 If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 ACKNOWLEDGEMENT OF ADDENDA Bidders name C C Cons +rucf; on . Tnc 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 is 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 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: C CZ Con4ru4 ion, to c, Business Address: o'AH5 RSCker PVe. # d.�j COS+cL Mesa CR. Telephone and Fax Number: b I`I l Fa.x (`71 `I 1 5540 -1 y� California State Contractor's License No. and Class: '1 5535 (o Cl QSS (REQUIRED AT TIME OF AWARD) Original Date Issued: 10-51- q $ Expiration Date: 10 - 31 - Oq List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: -Rrc.6 A L • Ti r r e 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 Terr0-D- &►(e5bie \r�reSiGiflv�i -a�15 FiSckerRr� l33 (71U��57 -ba33 R'rC%1aid l-• irre I - y �e ���slden +- a4s F�schPr (�vP (3'� NLI)g57 -0a33 FI Jenne F} - secre�r�r� Treay�rer -3y5 Fischer flv� #(3 3 C1W�957 Da33 Corporation organized under the laws of the State of L_I III 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; Q 1 f 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. 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 / No Are any claims or actions unresolved or outstanding? Yes / No 17 • • 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. GU ConS+ru4(0n,T0(- Bidder (Print n of Owne or President of Cor or ion{Corany) Title Date -60n I 5 -ay -OH dent Subscribed and sworn to before me this 2-*�k day of CO 2004. [SEAL] / JANET L. RUSSELLI Commission i 1335385 $ Notary Public - C819eR1e Orange County 0My(',.r-rn. &pm Dec21, 2005 M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 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. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD CONTRACT NO. 3684 CONTRACT THIS AGREEMENT, entered into this gt day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GCI CONSTRUCTION, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT COAST ELEMENATRY SCHOOL LOOP ROAD Project Description 3684 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3684, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 10 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three hundred sixty-six thousand, five hundred fifty -two and 00/100 Dollars ($366,552.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Emmet Berkery (949) 752 -5221 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR GCI Construction, Inc. 245 Fischer Ave., B -3 Costa Mesa, CA 92626 714- 957 -0233 714 - 540 -1148 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 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. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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. 23 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. I. 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. 24 • 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 vear first written above. CITY CLERK CITY OF NEWPORT BEACH A Municipal Corporation By. U-� ,I Mayor APP D S APP FORM: GCI CONSTRUCTION, INC. By: � CITY ATTORNEY uth oi ikd Signature and Title FIoydje ?feat 25 Adikk ACORO Y�7E Ii E� Fib i 1� Date pmm /dd /YYI Pro r 714 289 -7C76 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 East Mayfair Avenue THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Orange, CA 92867 COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDM7MVERAGE Company Lexington Insurance Company A Company Lincoln General Insurance Company Insured CCIC002 -DEB B GCI Construction, Inc. Company CMES Inc. National Union Fire Insurance Co. Pacific Equipment, L.L.C. 0 AIG 245 Fischer Ave. Suite B -3 company D = State Compensation Ins Fund THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE ENERAL LIABILITY General Aggregate A Commercial General Liability 2845342 04/01/04 04/01/05 Products - Completed Cps Agg Claims Made 0OCcur Personal & Advenisin Injury Owner's & Contractor's Protective Each Occurrence Per Proi Aaa Fire Damage (any 1 fire) Medical Expense (any one raon) AUTOMOBILE LIABILITY B Any Auto 2510004883 -0 04/01/04 04/01/05 Combined Single Limit All Owned Aums Bodily Injury Scheduled Autos (per person) Hired Autos Bodily Injury Non -Owned Autos Iper accident) COmplColl Ded $ 1,000 Property Damage GARAGE LIABILITY Auto Only - Eacg Accident Any Auto Other Than Auto Only Each Accident Aggregate EXCESS LIABILITY Each Occurrence C Umbrella Form BE5683769 04/01/04 04/01/05 Aggregate Olher Than Umbrella Form WORKERS' COMPENSATION 8 Statutory Limit Other D EMPLOYERS' LIABILITY 046 - 13132 -04 03/17/04 03/17/05 EL Each ACCitlent The Proprietor/ Ind Pa /Executive EL Disease-Policy Limit If 1,000 olk Officers are: Excl EL Disease -Ea Em la ce 1. fmp non OTHER E M / Eqquuipment MXI98401780 04/01/04 04/01/05 ch Limit $ 770 000 / easedNired /Ren imit $100,000 5,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS Certificate Holder(s) are named Additional Insured(s) as per attached endorsements required by contract with respect to Newport Coast Elementary School Loop Road, Contact No. 3684 Job #175 C Ti�1A t6HLlf Dii !'1NCELATION 777 77 14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E� MAIL _ 30• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of Newport Beach LEFT, Newport Mesa Unified School Dist The Irvine Company Authorized Representative 3300 Newport Boulevard Newport Beach, CA 92668 a0dgn2I3iG71551 BY IRaRScPanRe NiGURq C+(3R!�N 1988: ONDORSEMENT # 010 This endorsement, effective 12 :01 AM: 04/01/2004 Forms a part of policy no.: 2845342 Issued to: GCI Construction, Inc. By: Lexington Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This.endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH, NEWPORT MESA UNIFIED SCHOOL DISTRICT THE IRVINE COMPANY ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 PROJECT / JOB: CONTRACT NO. 3684 Newport Coast Elementary School Loop Road (If no entry appears above, information required to complete the endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the above schedule, but only with respect to liability arising out of your work for that insured by or for you. IT IS FURTHER AGREED THAT THIS POLICY IS PRIMARY AS RESPECT ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON - CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. IT IS FURTHER AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN NOTICE OF CANCELLATION TO THE INSURED IN THE EVENT OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE. 1X0869 (01195) /i Authorized Rep�pientative OR Countersignature (in staft where applicable) • 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - BUSINESS AUTO POLICY NUMBER: 251006375 -0 NAMED INSURED: EFFECTIVE: 04/01/04 GCI CONSTRUCTION, INC. COVERED PARTS AFFECTED: NO. _001 COMPANY: LINCOLN GENERAL INSURANCE COMPANY AUTHORIZED REPRESENTATIVE: SELTZER INSURANCE SVC 086400 IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING AMENDMENT TO THE DEFINITION OF "INSUREDS" SHALL INCLUDE THE ENTITY DESIGNATED BELOW BUT ONLY TO THE EXTENT IT FALLS WITHIN THE AMENDED DEFINITION ADDITIONAL INSURED NAME: CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT, NEWPORT MESA UNIFIED SCHOOL DISTRICT and THE IRVINE COMPANY ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS It is further agreed that this policy is primary as respect to any insurance maintained by the additional insured and that such insurance of the additional insured is excess and non - contributory. THE DEFINITION OF "INSUREDS" IS AMENDED TO INCLUDE: "ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE "USE" OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSUREDS PERMISSION" THE TERM "USE" WHEN APPLIED TO A MOTOR VEHICLE SHALL ONLY MEAN OPERATING, MAINTAINING, LOADING OR UNLOADING A MOTOR VEHICLE. GA Al 8 98 i AUT ORIZ D ENTAT �SIGNATURi • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - BUSINESS AUTO POLICY NUMBER: 2510004883 NAMED INSURED: ENDORSEMENT EFFECTIVE: 04/01/04 GCI CONSTRUCTION, INC. COVERED PARTS AFFECTED; ENDORSEMENT NO. _001 COMPANY: LINCOLN GENERAL INSURANCE COMPANY AUTHORIZED REPRESENTATIVE: SELTZER INSURANCE SVC IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING AMENDMENT TO THE DEFINITION OF "INSUREDS" SHALL INCLUDE THE ENTITY DESIGNATED BELOW BUT ONLY TO THE EXTENT IT FALLS WITHIN THE AMENDED DEFINITION ADDITIONAL INSURED NAME: CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS It is farther agreed that this policy is primary as respect to any insurance maintained by the additional insured and that such insurance of tac additional insured is excess and non - contributory. THE DEFINITION OF "INSUREDS" IS AMENDED TO INCLUDE: "ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE "USE" OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSUREDS PERMISSION" THE TERM "USE" WHEN APPLIED TO A MOTOR VEHICLE SHALL ONLY MEAN OPERATING. MAINTAINING, LOADING OR UNLOADING A MOTOR VEHICLE. GA Al 8 49 QF7ZEA PE NTATI S SSIGXATUKF. L • BROKER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 - 0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03 -17 -2004 GROUP: 046 POLICY NUMBER: 13132 -2004 CERTIFICATE ID: 099 CERTIFICATE EXPIRES: 03 -17 -2005 03- 17- 2004/03 -17 -2005 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 JOB: CONTRACT #3684 NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD This is to certify that we have issued a valid Worker's 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 after the coverage afforded by the policies 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 may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. PA�t- AUTHORIZED REPRESENTATIVE ,(big,., C . N--� PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 03 -17 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03 -17 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 03 -17 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER PACIFIC EQUIPMENT, LLC AND /OR GCI CONSTRUCTION, INC AND /OR CME CORP AND /OR WME, INC 245 FISCHER AVE STE B3 COSTA MESA, CA 92626 Dv,sP RGE I 01-26200d SCIF 10262E Accept tl,it tt,lACale oNy H you me a bia waler,nark Pal rea0s -OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF t JUN -04 -2004 FRI 02:53 PM �{ FAX N0. . a Fax i CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is compris d of requirements as outlined by the City of Newport Beach, Date Received: 2 4 Date Completed: 04 Sent Company IPerson requireJ to have certificate: GENERAL LIABILITY A. INSURANCE COMPANY' B. AM BEST RATING (A: VII C. ADMITTED Company (Mu: Is Company admitted in Califomia? P. 01 D, LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): !s it included? ,Q Y ON X Yes [] No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its �j officers, officials, employees and volunteers): Is it included? i Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes El No H. CAUTiONI (Confirm that toss or liability of the named insured Is not [ limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII c C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? kY s ❑ No D. 'LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? WYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haule s �Y): Is it Included? 1 [] Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. C. D. AM BEST RATING (A: VII c LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET7 -fz_'� C-LLf rP-ty� JXD UC_( , Yes ❑ No ❑ No Company Profile company Profile • Page 1 of 2 4R c-of rs»a DepartmeM of Insurance FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., I3TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 39306 NTAIC Group #: 0212 California Company ID #: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of gnsurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of These tarnis, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD CONTRACT NO. 3684 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. 3684 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Moblization �T-w7eni Five @ I Yl61td[in Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control _ -Rynkw,oLDoI1ars • Cents Per Lump Sum 3. Lump Sum Clearing and Grubbing Twe4{ F ve @ -OC)AA vv �_ Dollars and —�— Cents Per Lump Sum a5 A-00 00 $ 00o cc $ a5 cw. PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Rough Gradin S e vein @ Dollars and —�' Cents Per Lump Sum 5. Lump Sum Construct ' ruct Retaiining Wall A @ - [hctkaa,ri Dollars and Cents Per Lump Sum 6. Lump Sum Construct Retaining Wall B F i 1,C @ Dollars and Cents Per Lump Sum 7. 1250 LF Construct Type A Curb & Gutter @ I h r �l ff,i(1 Dollars and �— Cents Per Lineal Foot 8. 1150 LF Construct Type B Curb @ I, Q Dollars and .50 Cents Per Lineal Foot 9. 800 SF Construct PCC Drive Apron @ Dollars and Cents Per Square Foot $ 10.50 ou $SOU. $ bO $ 35 000 � a0o $ I(o 50 $ 1a ,o-75. • PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 180 SF 11. 2,910 SF 12. 530 TN 13. 560 TN 14. 1,010 LF 15. Lump Sum Construct 6 -Inch PCC Sidewalk @ Scven Dollars and $ Cents Per Square Foot Construct 4 -inch PCC Sidewalk $ -7. $ I,acoO. °s @ Foy- Dollars and ,e 70 "70 Cents $ $ f(47Z Per Square Foot Construct Untreated Base Cb 16a Dollars and $ Cents $ 013. E $ 11 a Per Ton Construct Asphalt Concrete @ Dollars $ and Cents Per Ton $ 50.____ $ a81o00 Construct Vinyl Coated Chain Link Fence @ Dollars and Cents $ 010 �� $ Per Lineal Foot Remove and Reconstruct Irrigation System nine. Thwa @ Dollars and o„ Cents A 300.E Per Lump Sum $ q . • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Construction Staking Sevtyi\ --ea- @ lawoamcQ Dollars and I-er— Cents Per Lump Sum $ $ I` TOTAL PRICE IN WRITTEN WORDS f r�d/��I SiX�u��X6kOQx1� FtuL-TfU" I /—Dollar: and Cents $ �j �D% 55 a .✓ Total Price (Figures) 5 -al -oy Date ( Fal (914)%- 7 -0a33 �IIH)5LID-lW8 Bidder's Telephone and Fax Numbers 955-55(o CIaSS A Bidder's License No(s). and Classification(s) GCL Eoy)s4ruc +,ion, Inc Bidder Bidder"Authorized Signature and Title FJoyct Be "" ec.TreaS• D95 Fischer Ave: #' b-3 �CoS4a Mme, C41. Bidders Address q ad.oa �. F: \USERS \PBNAShared \Contracts \FY 03- 04\NPT COAST ELEM SCHOOL C- 3684 \PROPOSAL C- 3684.doc (ssr) SECTION 3 PUBLIC WORKS DEPARTMENT 3 -3 INDEX 3 -3.2 FOR 3 -3.2.3 SPECIAL PROVISIONS SECTION 4 NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD 4 -1 CONTRACT NO. 3684 4 -1.3 INTRODUCTION 4 -1.3.4 PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -6 WORK TO BE DONE 2 -7 SUBSURFACE DATA 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 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 1 1 1 1 1 1 2 5 2 2 2 3 3 3 3 3 3 3 01 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -3 LIABILITY INSURANCE 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 7 -9 PROTECTION AND RESTORATION OF EXISTING 6 IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 206 MISCELLANEOUS METAL ITEMS 11 206 -6 CHAIN LINK FENCE 11 0 SECTION 216 MODULAR CONCRETE RETAINING WALLS 216 -1 Modular Concrete Units 216 -2 Goesynthetic- Concrete Block Unit CLEARING AND GRUBBING Connectors 216 -3 Base Leveling Pad 216 -4 Unit Fill 216 -5 Reinforced Backfill 216 -6 Geogrid Soil Reinforcement 216 -7 Subdrainage Pipe 216 -8 Top of Wall Drain System (Wall "A ") PART 3 - -- CONSTRUCTION METHODS 11 11 12 12 12 12 12 13 13 SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 15 300 -1.3.2 Requirements 15 300 -1.5 Solid Waste Diversion 15 SECTION 302 ROADWAY SURFACING 15 302 -5 ASPHALT CONCRETE PAVEMENT 15 302 -5.1 General 15 302 -5.4 Tack Coat 15 SECTION 303 CONCRETE CURBS, WALKS, GUTTERS, CROSS 15 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 15 303 -51.1 General 15 303 -5.4 Joints 16 303 -5.5 Finishing 16 303 -5.5.1 General 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 16 308 -5 Irrigation System Installation 16 SECTION 313 MODULAR CONCRETE RETAINING WALL 16 CONSTRUCTION 313 -1 Excavation 16 313 -2 Base Leveling Pad 16 313 -3 Modular Unit Installation 17 313 -4 Geosynthetic Soil Reinforcement 17 Installation 313 -5 Reinforced Backfill Placement 17 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 18 400 -2 UNTREATED BASE MATERIALS 18 400 -2.1 General 18 400 -2.1.1 Requirements 18 APPENDIX A PROJECT GEOTECHNICAL REPORT 18 f. \users \pbw%shared \contracts \fy 03 -04\npt coast elem school c- 3684 \specs index c- 3684.doc ssr • SP 1 OF 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Na SPECIAL PROVISIONS a gyp,1201M CONTRACT NO. 3684 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. R- 5861 -S; (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 (SSPWC). 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 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 clearing and grubbing; rough grading; construction of concrete modular retaining walls with mechanically stabilized backfill, curb, curb and gutter, sidewalk; asphalt concrete on untreated base; chain link fence; removal and relocation of existing park benches, chain link backstops, drinking fountains, and playground equipment; and repair and replacement of existing irrigation system. 2 -7 SUBSURFACE DATA. Add to this section: "A Project Geotechnical Report has been prepared for this project and is included herein as Appendix A. All recommendations contained therein are hereby incorporated to and made part of these Special Provisions." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor shall perform and be responsible for the accuracy of surveying performed on this project. All construction surveying and monument preservation necessary to complete the work shown on the SP2OF18 plans and provided for in these contract documents shall be accomplished by or under the direction of a California licensed Land Surveyor or Professional Engineer, with the ability to practice land surveying, retained or provided by the Contractor. The 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 improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work. The name of the land surveying or civil engineering firm proposed by the Contractor to perform all required surveying and construction staking shall be indicated on the list of subcontractors included as part of the Contractor's bid. 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 Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." L� SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements SP3OF18 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull box 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 to finish grade all water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments within the limits of work. For adjustment of Southern California Edison, The Gas Company, SBC, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 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, the traffic control plan, and a schedule of work have been submitted to and approved by the Engineer. The Contractor shall submit a construction • SP 4 OF 18 schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 35 consecutive working days after the date on the Notice to Proceed. It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 ,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 1 V6 (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31" (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his 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. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 7:30 am to 6:30 p.m. on weekdays or 8:00 a.m. to 4:30 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. E SP5OF18 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1000.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -3 LIABILITY INSURANCE. Add to this section: "In addition to the City of Newport Beach, Newport Mesa Unified School District and The Irvine Company shall be named as an additional insured." 7 -8 PROJECT SITE MAINTENANCE 7 -8.6 Temporary Light, Power, and Water Add to this section: "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. The Contractor shall contact Irvine Ranch Water District to arrange for construction water." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw cutting 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 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 marine waters. b. Checking construction vehicles for leaking fluids c. Monitor construction activities d. Removal of any construction related debris on a daily basis e. Protection of work areas from erosion The BMP will be approved by the Engineer prior to commencement of work. The City of Newport Beach will monitor adjacent storm drains and streets for compliance. Failure of SP6OF18 the Contractor to follow the BMP will result in cleanup by City Forces and the back charging of the Contractor for all costs plus 15 percent." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add to this section: The Contractor shall replace any and all ball field turf which is removed or damaged as a result of Contractor's operations. Replacement turf shall be sod, to match existing, furnished and planted in accordance with Section 308 -4.8.3 of the SSPWC. The Contractor shall submit a sample of the sod proposed to be used to the Engineer for review and approval prior to planting. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other 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. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. 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 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." 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 may close the northbound curb lane of traffic on Newport Coast Drive between 9:00 a.m. and 3:00 p.m. for construction of Retaining Wall A and for construction of curb and gutter, sidewalk, PCC drive apron and any other improvements adjacent to or within close proximity to Newport Coast Drive. 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. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL • SP7OF18 HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must 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, Mr. William Russo, at (949) 718 -3468 and all property owners." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall 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. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight 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. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. • SP8OF18 Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent 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 General Engineering Contractor "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 submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the 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, and no separate payment shall be made therefore. For the purpose of making partial payments pursuant to Subsection 9 -3.2, "Partial and Final Payment" of the Standard Specifications, the amount set forth for the • • SP9OF18 contract items of work hereinafter listed shall be deemed to be the maximum value of said contract items of work which will be recognized for progress payment purposes: Mobilization $25,000(lump sum) Clearing and Grubbing $25,000(lump sum) 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, preparing the BMP plan, and the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include 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 prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the approved Traffic Control Plan, W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements Item No. 3 Clearing and Grubbing: Work under this item shall include installation and disposal of temporary chain link fence; saw cutting, removal and disposal of existing curb, curb and gutter, sidewalk, pavement and base; removal and disposal of chain link fence and gates; removal and relocation of existing chain link backstops and school playground equipment; removal and reinstallation of existing park benches, drinking fountain(s) and concrete pads, and any and all other items within the limits of work as shown on the plans. Item No. 4 Rough Grading: Work under this item shall include unclassified excavation, slope grading, loop road excavation, finish grading, disposal of excess material, and any and all work necessary including import and /or export, to excavate and /or fill the site to the lines and grades shown on the plans, and in accordance with the requirements of the Project Geotechnical Report. Item No. 5 Retaining Wall "A" . Work under these items shall include temporary back cut, subgrade preparation, furnishing and placement of modular wall units, placement of soil reinforcement, placement and compaction of reinforced wall backfill, placement of geosynthetic soil reinforcement, top of wall drainage system and appurtenances, top of wall post and railing, and any and all items necessary to complete the walls in accordance with the plans, and the requirements of the Project Geotechnical Report. Item No. 6 Retaining Wall "B ": Work under these items shall include temporary back cut, subgrade preparation, furnishing and placement of modular wall units, placement of soil reinforcement, placement and compaction of reinforced wall backfill, placement of geosynthetic soil reinforcement, and appurtenances, and any and all r, LJ • SP 10 OF 18 items necessary to complete the walls in accordance with the approved shop drawings, and the requirements of the Project Geotechnical Report. Item No. 7 Type A Curb and Gutter: Work under this item shall include compacting subgrade, constructing P.C.C. curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Curb face shall be 6 inches and gutter width shall be 18 inches. Item No. 8 Type "B" Curb:: Work under this item shall include subgrade compaction, constructing Type "B" curb, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Curb face shall be six inches. Item No. 9 PCC Drive Apron: Work under this item shall include subgrade preparation, compaction, placement of untreated base, forms and finishing, restoring all existing improvements damaged by the work, and all other items as required to complete the work in place. Item No. 10 6 -Inch P.C.C. Sidewalk: Work under these items shall include subgrade preparation and compaction, forms and finishing, restoring all existing improvements damaged by the work, constructing 6 -inch thick P.C.C. sidewalk in place, and all other items required to complete the work in place. Item No 11 4 -Inch P.C.C. Sidewalk: Work under these items shall include subgrade preparation and compaction, forms and finishing, restoring all existing improvements damaged by the work, constructing 4 -inch thick P.C.C. sidewalk in place, and all other items required to complete the work in place. Item No. 12 Untreated Base: Work under this item shall include subgrade preparation and compaction, furnishing and placement of untreated base material to the thicknesses called out on the plans, and all other items required to finish the work. Item No.13 Asphalt Concrete: Work under this item shall include 3 inch base course and 1 inch surface course, , tack coat, and all other items necessary to complete the work in place. Item No. 14 Vinyl Coated Chain Link Fence: Work under this item shall include footing excavation, pouring of footings, installation vinyl coated chain link fence at the locations shown on the plans, and all other items necessary to complete the work in place. Item No. 15 Irrigation System: Work under this item shall include removal of existing irrigation facilities within the limits of construction; capping the ends of remaining pipe; removing and relocating existing valves and valve boxes; removing and relocating existing heads, installation of 6" PVC(Sch 40) sleeves and end caps at the locations shown on the plans, salvaging of existing material, and all other items of work necessary to complete the work in place. • SP11 OF18 Item No. 16 Construction Surveying: Work under this item shall include all construction staking necessary to construct the project improvements, record research, monument preservation /replacement, and filing of corner record(s) if necessary, and any other surveying necessary to complete the project and in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 206 MISCELLANEOUS METAL ITEMS 206 -6 Chain link Fence Add to this section: "Chain link fabric shall be 2 -inch mesh, 9- gauge, and shall have a vinyl coating (black to match existing). Vinyl coating shall be in addition to the wire gauge thickness specified herein. All fittings shall be heavy duty. Add the following section: SECTION 216 MODULAR CONCRETE RETAINING WALL MATERIALS 216 -1 Modular Concrete Units Modular concrete units shall conform to the requirements of ASTM C1372, "Standard Specifications for Segmental Retaining Wall Units," and shall also conform to the following requirements: 1. Compressive strength shall be a minimum of 4000 psi at 28 days 2. Moisture absorption shall be 6% maximum for standard weight aggregates 3. Dimensional tolerances shall be +1/8 inch from nominal unit dimensions (not including exposed aggregate face texture), +1/8 inch unit height for top and bottom planes. 4. Wall unit types shall conform to the following table: Unit Type 30 40 50 60 Unit size, rail height (inches) 6.5 8 6.5 8 Unit size, crown height (inches) 9.5 11 9.5 11 Unit size, width, inches 18 18 18 18 Unit size, depth, inches 12 12 18 8 Weight, (typical) lbs. 65 82 119 132 5. Inter -unit shear strength shall be 1500 Ib /lf(minimum) at 2 psi normal pressure. 6. Geosynthetic /unit peak connection strength shall be 3400 Ib /lf(minimum) at 2 psi normal force for geotextiles and 1000 Ib /lf(minimum) at 2 psi normal force for geogrid. SP 12 OF 18 7. Face color and finish of modular units shall match, as closely as possible, the face color and finish of the existing retaining walls located along the northerly and easterly property line between Newport Coast Elementary School and the adjacent residential subdivisions. 216 -2 Geosynthetic- Concrete Block Unit Connectors Connectors shall be 1 -inch diameter schedule 80 pipe (or equivalent) and must be capable of providing positive mechanical interlock between geosynthetic soil reinforcement material (geotextile or geogrid) and block. Connectors shall be capable of holding the geosynthetic soil reinforcement in the proper design position during geosynthetic pre- tensioning and backfilling procedures. 216 -3 Base Leveling Pad Leveling pad material (if required by the approved shop drawings, or the Project Geotechnical Report) shall consist of a compacted crushed stone base, or other material approved by the Engineer, as shown on the approved shop drawings. 216 -4 Unit Fill Unit fill shall consist of a soil mix capable of sustaining plant growth. The Contractor shall submit a sample to the Engineer for approval prior to filling units. 216 -5 Reinforced Backfill 1. Reinforced backfill shall be free of debris and meet the following gradation tested in accordance with ASTM D -422: Sieve Size Percent Passing 2 Inch 75 -100 3/4 Inch 75 -100 No. 40 0 -60 No. 200 0 -35 2. Plasticity index (PI) shall be <20 and Liquid limit shall be < 40 per ASTM D -4318. 3. The maximum aggregate size shall be limited to 3/4 inch unless otherwise approved by the Engineer. 4. Backfill material shall be approved in advance by the Engineer. The Contractor shall submit a sample to the Engineer for testing and approval prior to placement and /or prior to importation to the project site. 216 -6 Geogrid Soil Reinforcement 1. Geosynthetic reinforcement shall consist of geotextiles and /or geogrids manufactured specifically for soil reinforcement applications and shall be manufactured from high tenacity polyester yarn, polypropylene or high density • SP 13 OF 18 polyethylene. Polyester geogrid shall be knitted from high tenacity polyester filament yarn with a molecular weight exceeding 25,000 Meg /m and a carboxyl end group values less than 30. Polyester geogrid shall be coated with a material which is resistant to peeling, cracking, and stripping. 2. Ta, Long Term Allowable Tensile Design Load, of the geogrid material shall be determined as follows: Ta = Tult/(RFcr *RFd *Rfid *FS) Ta shall be evaluated on a 75 year design life. a. Tult stands for Short Term Ultimate Tensile Strength Tult is based on the minimum average roll values (MARV) b. RFcr stands for Reduction Factor for Long Term Tension Creep RFcr shall be determined from 10,000- hour creep testing performed in accordance with ASTM D5262. A minimum value of 1.60 shall be applied to creep (RFcr). c. RFd stands for Reduction Factor for Durability. RFd shall be determined from polymer specific durability testing covering the range of expected soil environments. RFd shall be 1.10(minimum). d. RFid stands for Reduction Factor for Installation Damage RFid shall be determined from product specific construction damage testing performed in accordance with GRI -GG4. Test results shall be provided for each product to be used with project specific or more severe soil type. RFid shall be 1.10(minimum). e. FS stands for Overall Design Factor of Safety. FS shall be 1.5(minimum). 3. The maximum design tensile load of the geogrid shall not exceed the laboratory tested ultimate strength of the geogrid /facing unit connection as limited by the "Hinge Height" divided by a factor of safety of 1.5. The connecting strength testing and computation procedures shall be in accordance with NCMA SRWU- 1 Test Method for Determining Connection Strength of SRW. 4. Soil Interaction Coefficient, Ci, shall be determined per GRI -GG5 at a maximum 0.75 inch displacement. 5. The geosynthetic soil reinforcement manufacturer shall have a manufacturing quality control program that includes quality control testing by an independent laboratory. Quality control testing shall include: tensile strength testing, melt flow index(HDPE) and molecular weight(polyester). 216 -7 Subdrainage Pipe Subdrain pipe shall be perforated or slotted PVC pipe conforming to the requirements of Section 207 -17 of the SSPWC, or corrugated HDPE pipe conforming to the requirements of Section 207 -18 of the SSPWC. • SP 14 OF 18 216 -8 Top of Wall Drain System (Wall "A ") Retaining Wall "A" shall have a drain system constructed as detailed on the plans and as specified herein. The system shall consist of 6 inch diameter PVC atrium grates, 6 inch diameter PVC riser pipes, and an 8 inch diameter connector pipe. There shall be a graded swale between each of the atrium grates (slope of 1.0 % minimum), and the minimum gradient on the 8 inch collector pipe shall be 0.50 %. The system shall outlet through the curb face as shown on the plans. The curb outlet pipe shall be 4 "x14" rectangular pipe. Rectangular pipe material shall be cast iron(Alhambra Foundry, or City approved equal), or reinforced fiberglass (Superior Pipe Company, Azusa, CA, or City approved equal. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall install 6 -foot high temporary chain link fence and gate(s) surrounding the construction area as directed by the Engineer. The contractor shall obtain prior approval from the Engineer for the limits and location of temporary chain link fence prior to installation. Upon completion and acceptance of the work, Contractor shall remove and dispose of temporary chain link fence. Prior to commencement of clearing and grubbing activities, the Contractor shall arrange a field meeting with the Engineer and a representative from Newport Mesa Unified School District to identify existing school facilities (chain link backstops, benches, drinking fountains, playground equipment, etc.) within the limits of work which require removal and relocation. All such facilities will be removed and reinstalled to locations identified by the Engineer. Work shall be done in accordance with all applicable codes and ordinances. Any facilities damaged as a result of Contractor's operations shall be replaced in kind at no additional cost to the City. • 300 -1.3.2 Requirements 0 SP 15 OF 18 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1' /z- inch" of the last sentence with the words "two (2) inches." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall 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. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be Type III -C3 -AR 4000 for 1 "(minimum) surface course, and Type III -63 -AR 4000 for 3 "(maximum) base course. All cracks '/< -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 16 OF 18 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -5 Irrigation System Installation Add to this section: "Prior to commencement of clearing and grubbing activities, the Contractor shall arrange a field meeting with the Engineer and a representative from Newport Mesa Unified School District. The purpose of the meeting is to identify the limits of the existing landscape irrigation system within the limits of work, locate and mark all valve boxes, pipes and sprinkler heads to be removed and /or relocated, and to identify items to be salvaged for reuse. If directed by the Engineer, the Contractor shall install any or all of the PVC sleeves as shown on the plans and shall further install any necessary interim facilities (pipes, wiring, heads, etc.) as may be required to maintain adequate irrigation for landscape areas located adjacent to the work limits, but which are outside the limits of removal(s). Add the following Section: "SECTION 313 - -- MODULAR CONCRETE RETAINING WALL CONSTRUCTION 313 -1 Excavation The Contractor shall excavate to the lines and grades shown on the Plans and as may be modified on the approved shop drawings. Excavation(s) shall be approved by the Engineer prior to placement of leveling material or backfill material. If, in the opinion of the Engineer, over - excavation and /or replacement of existing soils are required, compensation shall be made in accordance with Section 3 -3 of the SSPWC. 313 -2 Base Leveling Pad (if required) The leveling pad material shall be placed to the lines and grades shown on the approved shop drawings, to a minimum thickness of 6 inches, and shall extend laterally a minimum of 6 inches in front and behind the modular wall unit. Soil leveling pad shall be compacted to a minimum of 90 %, and shall be prepared to insure full contact to the base surface of the concrete units." 313 -3 Modular Unit Installation SP 17 OF 18 The first course of wall units shall be placed on the prepared subgrade at the appropriated line and grade. The molded surface of the units shall be used for alignment. Alignment and grade shall be verified in all directions to verify that all units are in full contact with the subgrade and properly sealed. Wall units shall be placed on the subgrade with a maximum distance of 9 inches between units. The spacing between units installed on curvilinear portions of the wall shall be adjusted accordingly to verify the required running bond layout is maintained. Vertically adjacent units shall be centered on units above and below. All block layout shall be in accordance with the manufacturer's recommendations. Unit fill material shall be placed and compacted within and behind wall units to the satisfaction of the Engineer. After compaction of unit fill, excess material shall be screeded off to develop a flat base upon which subsequent units can be placed. Wall erection and unit fill shall be closely followed with structure backfill. 313 -4 Geosynthetic Soil Reinforcement Installation Geosynthetic soil reinforcement shall be oriented with the highest strength axis perpendicular, or radially, to the wall alignment, and shall be placed at the strengths, lengths, and elevations shown on the approved shop drawings, unless otherwise directed by the Engineer. Geosynthetic soil reinforcement shall be laid horizontally on compacted backfill and attached to the modular wall units. The next course of modular units shall then be placed over the geosynthetic soil reinforcement . Geosynthetic soil reinforcement shall be pulled taut, and properly anchored prior to backfill placement over it. Geosynthetic soil reinforcement shall be continuous throughout the length of embedment. Spliced connections between shorter pieces of soil reinforcement shall not be permitted. 313 -5 Reinforced Backfill Placement Reinforced backfill shall be placed, spread, and compacted in accordance with the approved shop drawings and the requirements of the Project Geotechnical Report, and in such a manner that minimizes the development of slack and installation damage. Reinforced backfill shall be paced in lift thicknesses not to exceed the 'rail height' of the units being placed. Where heavy compaction equipment is being used, compaction thicknesses of up to 10 inches may be employed, if approved in advance by the Engineer. Reinforced backfill shall be compacted to 90% of the maximum density and the moisture content shall be uniformly distributed throughout each layer and shall be dry of optimum, +0 % -3 %, unless otherwise specified in the Project Geotechnical Report. SP 18 OF 18 Only lightweight hand - operated equipment shall be allowed within 1 foot from the back of the modular unit(s). Tracked construction equipment shall not be operated directly upon the geosynthetic soil reinforcement. A minimum fill thickness of 6 inches is required prior to operation of tracked vehicles over the geosynthetic soil reinforcement. Tracked vehicle turning movements shall be kept to a minimum to prevent displacing the fill material and damaging the geosynthetic soil reinforcement. Unless otherwise permitted by the Engineer, rubber tired equipment may be pass over geosynthetic soil reinforcement at slow speeds (less than 10 mph).Sudden braking and sharp turns shall be avoided. At the end of each day's operation, The Contractor shall slope the last lift of reinforced backfill away from the wall face. The Contractor shall take appropriate measures to prevent surface runoff from adjacent areas to enter the wall construction area." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "Untreated base material shall be crushed miscellaneous base (or better)." CADocuments and Settings \srooks\Local Settings \Temporary Internet Files \OLK5\SPECSC- 3684.doc ssr • APPENDIX A Project Geotechnical Report • E PRELIMINARY GEOTECHNICAL RECOMMENDATIONS AND PAVEMENT DESIGN SECTION FOR THE PROPOSED NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD CALIFORNIA FOR CITY OF NEWPORT BEACH C/O MR. EMMET BERKERY, P.E. 1740 EAST GARRY AVENUE, SUITE 112 SANTA ANA, CALIFORNIA 92705 W.O.4275 -A1 -OC APRIL 9, 2004 GeoSoils, Inc. • Geotechnical a Geologic a Environmental 1446 E. Chestnut Ave. • Santa Ana, California 92701 • (714) 647 -0277 • FAX (714) 647 -0745 April 16, 2004 City of Newport Beach Go Mr. Emmet Berkery, P.E. 1740 East Gary Avenue, Suite 112 Santa Ana, California 92705 W.O. 4275 -E1 -OC Subject: Revised Pavement Design Section, Newport Coast Elementary School Loop Road, City of Newport Beach, Orange County, California Reference: "Preliminary Geotechnical Recommendations and Pavement Design Section for the Proposed Newport Coast Elementary School Loop Road, California," by GeoSoils, Inc., W.O. 4275 - Al -OC, dated April 9, 2004 Gentlemen: As requested, GeoSoils, Inc. (GSI) is herein presenting an alternative minimum pavement design section for the proposed loop road, located at the Newport Coast Elementary School, City of Newport Beach, California. The recommendations presented herein are based on W -Value testing results of a representative soil sample obtained from the site and an assumed traffic index. A pavement section of 4 inches of asphalt over 6 inches of aggregate base was provided in the referenced report, and continues to remain an alternative to the section listed below. The following minimum pavement section design alternatives are presented: cl I Asphaltic Aggregate Assumed concrete Base Location Traffic Supgra le Thickness Thickness Index "R" =Value jlnches) .: (Inches) Newport Coast Elementary School Loop Road (drive and entrance) 1 5.0 68.0 3 6 Newport Coast Elementary School Loop Road drive and entrance 5.0 68.0 4 4 All pavement installation, including preparation and compaction of subgrade, compaction of base material, and placement and rolling of asphaltic concrete should be done in accordance with the City of Newport Beach's specifications, and underthe observation and testing of the project geotechnical engineer. The aggregate base should consist of crushed rock and /orcrushed miscellaneous material with an "R" -Value and gradation in accordance with Class II aggregate base (Section 26 of the Standard Caltrans Specification) or crushed aggregate base (Section 200.0.0 of the Standard Specification for Public Works Construction). Minimum compaction requirements should be 90 percent for subgrade and 95 percent for aggregate base as per ASTM D -1557 (modified proctor). Thank you for the opportunity to be of service. If you have any questions please contact the undersigned at (714) 647 -0277. Respectfully submitted, 4�wr Ge oSoils Inc. Edward H. LaMont Engineering Geologist, CEG 1892 EHUBBS /agw Distribution: (2) Addressee City of Newport Beach Pavement Design Section, Newport Coast Elementary School Loop Road File: c:\ agyAwp81 \4275revpdschoolloop.wpd GeoSoiis, Inc. W.O. 4275 -E1 -OC April 16, 2004 Page 2 r] 0 • Geotechnical • Geologic • Environmental 1446 E. Chestnut Ave. • Santa Ana, California 92701 • (714) 647 -0277 • FAX (714) 647 -0745 April 9, 2004 City of Newport Beach c/o Mr. Emmet Berkery, P.E. 1740 east Garry Avenue, Suite 112 Santa Ana, California 92705 W.O. 4275 -A1 -OC Subject: Preliminary Geotechnical Recommendations and Pavement Design Section for the Proposed Newport Coast Elementary School Loop Road, California Gentlemen: This report presents the results of GSI's preliminary geotechnical recommendations for the proposed loop road. The report provides grading recommendations for the proposed driveway, preliminary segmental wall design parameters and the flexible pavement design section. SCOPE OF STUDY The scope of work completed for this geotechnical investigation has included the following activities: Site reconnaissance and review of the referenced reports. Obtained a representive sample of the near surface site materials for an "R" -Value determination (see appendix B). Preparation of this report which include seismic analysis, preliminary wall design parameters, site grading parameters, and pavement design section. This report includes a copy of 1"=20' scale Site Plan (Plates 1 and 2). SITE LOCATION AND DESCRIPTION The proposed loop road will be located adjacent the north and east sides of the existing elementary school playground, southeast of the intersection of Newport Coast Drive and San Joaquin Hills Road in the City of Newport Beach, Orange County, California (Figure 1). A maximum fill of 8 feet and cut of 18 feet is anticipated for the development of site. BACKGROUND The site was rough graded as part of Tentative Tract 15372 (Lot 181), under testing and observation of GeoSoils, Inc., in 1997 -1998. Based on the referenced report (GeoSoils, Inc. 1998), the majority of the site (Lot 181) was a designed cut and underlain by sandstone bedrock described as the Bommer Member of the Topanga Formation. A review of Maps of Known Fault Near - Source Zones in California and Adjacent Portions of Nevada, prepared by the ICBO with input from the California Geological Survey (CGS) (formerly CDMG), indicates that the nearest mapped fault for Uniform Building Code (UBC) purposes is the offshore segment of the Newport- Inglewood fault. The CGS has recently incorporated the San Joaquin Hills Blind Thrust into their seismic source catalog. The San Joaquin Hills Blind Thrust is located beneath the subject site. As stated in the Maps of Known Active Fault Near - Source Zones in California and Adjacent Portions of Nevada: "Not all active fault sources of California were incorporated into these maps. In particular, the blind thrusts that do not reach the surface were excluded for this UBC application. However, an engineer may consider blind thrusts and other fault sources." With this in mind, GSI has provided the following geotechnical information should the project structural engineer or owner choose to incorporate the blind thrust parameters in the seismic design. Na =1.3 Nv =1.6 Ca = 0.57 Cv = 1.02 It should be noted that the above parameters are based on a zero distance of the postulated seismic source from the project site. LIQUEFACTION The site is underlain by dense bedrock or compacted fill materials. The potential for liquefaction within the project site, due to lack of shallow ground water and underlying dense materials, is considered unlikely. CONCLUSIONS AND RECOMMENDATIONS General Based on review of the referenced reports, laboratory testing and engineering analyses, it is GSI's opinion that the site is suited for construction of the proposed improvements from City of Newport Beach W.O. 4275 -A1 -OC Newport Coast Elementary School Loop Road, Newport Beach April 9, 2004 File: mgr:cAwpM4275A1.wpd Page 3 GeoSoils, Inc. a soils engineering viewpoint. The recommendations presented below should be incorporated into the design, grading and construction considerations. Grading All grading should be accomplished under the observation and testing of the soils engineer in accordance with the recommendations contained herein and the current grading ordinance of the City of Newport Beach. Preparation of Existing_ Ground Within Construction Areas Prior to initiating re- grading operations to establish the driveway's subgrade, all existing surficial vegetation, trash, debris and other deleterious material should be removed from the site. 2. A minimum of one to two feet removal and recompaction is necessary at driveway and flatwork areas. The exposed removal areas should be scarified to a depth of 6 inches, moisture conditioned and compacted in -place prior to additional fill placement. Fill Placement Excavated materials may be reused as compacted fill, provided they have been cleansed of major vegetation, trash and debris. Wet excavated soils materials should be air -dried prior to placement and compaction. 2. Fills should be placed in relatively thin lifts, brought to near optimum moisture content, then compacted to obtain a minimum relative compaction of 90 percent of the laboratory standard (ASTM D- 1557). FOUNDATION DESIGN The following foundation design recommendations are presented as a minimum criteria from a geotechnical engineering standpoint. Recommendations by the project's design - structural engineer or architect, which may exceed the geotechnical engineer's recommendations, should take precedence over the following minimum requirements. Design and Construction criteria for the proposed improvements should comply with Chapters 16 and 18 of the current edition of the UBC and the City of Newport Beach requirements. Based on expansion test results on samples from the finished lots, on site soils indicate low expansion potentials, per 1997 UBC table 18 -1 -B. Therefore, the following foundation recommendations are based on the expected low expansion potential. City of Newport Beach W.O. 4275-Al-OE Newport Coast Elementary School Loop Road, Newport Beach April 9, 2004 File: mgr:c: \wp10\4275A1.wpd Page 4 GeoSoils, Inc. Concrete The results of the previous soluble sulfate testing (GeoSoils, Inc. 1998) on near surface soil indicates negligible levels of exposure. Therefore we recommend that all foundation concrete mix design follow the minimum requirements set forth in the 1997 UBC Table 19- A-4, under the negligible sulfate exposure category. Bearing Value An allowable bearing value of 1500 pounds per square foot may be used for design of perimeter, or continuous footings 12 inches wide and 12 inches deep, and pad footings 24 inches square and 12 inches deep. This value may be increased by 200 pounds per square foot for each additional 12 inches in depth and by 100 pounds per square foot for each additional 12 inches in width to a maximum value of 2500 pounds per square foot. The above values may be increased by one -third when considering short duration seismic or wind loads. CONCRETE FLATWORK For sidewalk concrete flatwork, underlying soils within the areas of flatwork should be premoistened to at least 120 percent of optimum moisture content to a depth of 12 inches prior to concrete placement. Flatwork should be constructed per the City of Newport Beach requirements, at least 4 inches thick and be steel reinforced with #3 bars at 18 inches center -on- center, trending both ways, and centered midway throughout the slab. WALL DESIGN PARAMETERS Parameters for Keystone Wall Design The following preliminary parameters can be utilized into the proposed segmental walls: 1. Passive pressure - 2. 4), c for reinforced earth - 3. 0, c for foundation - 4. (p, c for retained zone - 5. Maximum embedment- 6. Coefficient of friction- 250 pcf/ 2500 psf 30 and 0 30 and 200 30 and 200 0.2 H (height of wall) 0.35 City of Newport Beach W.O.4275 -A1 -OC Newport Coast Elementary School Loop Road, Newport Beach April 9, 2004 File: mgr:c: \wp10 \4275A1.wpd Page 5 GeoSoils, Inc. • Retaining Wall Backfill and Drainage Positive drainage must be provided behind all retaining walls in the form of gravel wrapped in geofabric and outlets. A backdrain system is considered necessary for retaining walls that are 2 feet or greater in height. Details 1, 2, and 3, present the back drainage options discussed below. Backdrains should consist of a 4 -inch diameter perforated PVC or ABS pipe encased in either Class 2 permeable filter material or V2 -inch to' /4 -inch gravel wrapped in approved filter fabric (Mirafi 140 or equivalent). For low expansive backfill, the filter material should extend a minimum of 1 horizontal foot behind the base of the walls and upward at least 1 foot. For native backfill that has up to medium expansion potential, continuous Class 2 permeable drain materials should be used behind the wall. This material should be continuous (i.e., full height) behind the wall, and it should be constructed in accordance with the enclosed Detail 1 (Typical Retaining Wall Backfill and Drainage Detail). For limited access and confined areas, (panel) drainage behind the wall may be constructed in accordance with Detail 2 (Retaining Wall Backfill and Subdrain Detail Geotextile Drain). Materials with an E. 1. potential of greater than 65 should not be used as backfill for retaining walls. For more onerous expansive situations, backfill and drainage behind the retaining wall should conform with Detail 3 (Retaining Wall And Subdrain Detail Clean Sand Backfill). Outlets should consist of a 4 -inch diameter solid PVC or ABS pipe spaced no greater than ±100 feet apart, with a minimum of two outlets, one on each end. The use of weep holes in walls higher than 2 feet should not be considered. The surface of the backfill should be sealed by pavement or the top 18 inches compacted with native soil (E. I. < 90). Proper surface drainage should also be provided. For additional mitigation, consideration should be given to applying a water -proof membrane to the back of all retaining structures. The use of a waterstop should be considered for all concrete and masonry joints. Wall /Retaining Wall Footing Transitions Site walls are anticipated to be founded on footings designed in accordance with the recommendations in this report. Should wall footings transition from cut to fill, the civil designer may specify either: a) A minimum of a 2 -foot overexcavation and recompaction of cut materials for a distance of 2H, from the point of transition. b) Increase of the amount of reinforcing steel and wall detailing (i.e., expansion joints or crack control joints) such that a angular distortion of 1/360 for a distance of 2H on either side of the transition may be accommodated. Expansion joints should be sealed with a flexible, non - shrink grout. c) Embed the footings entirely into native formational material (i.e., deepened footings). If transitions from cut to fill transect the wall footing alignment at an angle of less than 45 degrees (plan view), then the designer should follow recommendation "a" (above) and until such transition is between 45 and 90 degrees to the wall alignment. City of Newport Beach W.O. 4275 -At -OC Newport Coast Elementary School Loop Road, Newport Beach April 9, 2004 File: mgr:c:\wp10 \4275A1.wpd Page 6 GeoSoils, Inc. Provid( Membrane (option Weep Hi Finished Surfac( DETAILS N . T . S . © WATERPROOFING MEMBRANE (optional): Liquid boot or approved equivalent. ® ROCK: 3/4 to 1 -1/2" (inches) rock. ® FILTER FABRIC: Mirafi 140N or approved equivalent; place fabric flap behind care. ® PIPE: 4" (inches) diameter perforated PVC. schedule 40 or approved alternative with minimum of 1% gradient to proper outlet point. ® WEEP HOLE: Minimum 2" (inches) diameter placed at 20' (feet) on centers along the wall, and 3" (inches) above finished surface. (No weep holes for basement walls.) TYPICAL RETAINING WALL BACKFILL AND DRAINAGE DETAIL 04 * DETAIL 1 Geotechnical • Geologic • Environmental ProvidE Membrane (c Weep Finished DETAILS N . T . S . © WATERPROOFING MEMBRANE (optional): Liquid boot or approved equivalent. ® DRAIN: Miradrain 6000 orJ -drain 200 or equivalent for non - waterproofed walls. Miradrain 6200 orJ -drain 200 or equivalent for non - waterproofed walls. FILTER FABRIC: ® PIPE: Mirafi 140N or approved equivalent; place fabric flap behind care. 4" (inches) diameter perforated PVC. schedule 40 or approved alternative with minimum of 1% gradient to proper outlet point. ® WEEP HOLE: Minimum 2" (inches) diameter placed at 20' (feet) on centers along the wall, and 3" (inches) above finished surface. (No weep holes for basement walls.) ne. RETAINING WALL BACKFILL AND SUBDRAIN DETAIL GEOTEXTILE DRAIN DETAIL 2 Geotechnical • Geologic • Environmental Provide Surface Drainage M 0 Weep Hole Finished Surface DETAILS N . T . S . 2 H/2 min. — Waterproofing . . Membrane (optional) .� Filler Fabric . ® Roc Heel Width I� © WATERPROOFING MEMBRANE (optional): Native Backfill Slope or Level 1 3/4 or Flatter clean Sand Backfill Liquid boot or approved equivalent. ® CLEAN SAND BACKFILL: Must have sand dequivalent value of 30 or greater; can be densified by water jetting. D FILTER FABRIC: Mirafi 140N or approved equivalent. ® ROCK: 1 cubic foot per linear feet of pipe or 3/4 to 1 -112" (inches) rock. ® PIPE: 4" (inches) diameter perforated PVC. schedule 40 or approved alternative with minimum of 1% gradient to proper outlet point. G WEEP HOLE: Minimum 2" (inches) diameter placed at 20' (feet) on centers along the wall, and 3" (inches) above finished surface. (No weep holes for basement walls.) TYPICAL RETAINING WALL BACKFILL AND DRAINAGE DETAIL DETAIL 3 Geotechnical • Geologic • Environmental • PRELIMINARY PAVEMENT DESIGN The preliminary pavement design is presented for street and entry areas on the subject site. Based on an obtained "R" -Value of 68 from a representive soils material near to surface and traffic index of 7, the following pavement section is recommended: Location Assumed Traffic Index Subgrade "R "•Value AC /AB (Inches) Drive & Entrance 5.0 68 4.0/6.0 All pavement installation, including preparation and compaction of subgrade, compaction of base material, and placement and rolling of asphaltic concrete should be done in accordance with the City of Newport Beach specifications, and under the observation and testing of the project geotechnical engineer and /or the City of Newport Beach. Minimum compaction requirements should be 90 percent for subgrade and 95 percent for aggregate base as per ASTM D- 1557 -00 (modified proctor). OBSERVATION REQUIREMENTS DURING CONSTRUCTION 1. Subsequent to removal and prior to fill placement. 2. Field compaction testing during driveway grading and fill placement. 3. Field compaction testing during retaining wall backfills, wall backdrain installation, base rocks placement. 4. Asphalt testing (if requested). 5. Subgrade flatwork field moisture verification. OTHER DESIGN PROFESSIONALS /CONSULTANTS The design civil engineer, structural engineer, post- tension designer, architect, landscape architect, wall designer, etc., should review the recommendations provided herein, incorporate those recommendations into all their respective plans, and by explicit reference, make this report part of their project plans. In order to mitigate potential distress, the foundation and /or improvement's designer should confirm to GSI and the governing agency, in writing, that the proposed foundations and /or improvements can tolerate the amount of differential settlement and /or expansion characteristics and design criteria specified herein. City of Newport Beach W.O. 4275-AI-OE Newport Coast Elementary School Loop Road, Newport Beach April 9, 2004 File: mgr:c: \wp10\4275A1.wpd Page 10 GeoSoiils, Inc. PLAN REVIEW Final project plans should be reviewed by this office prior to construction, so that construction is in accordance with the conclusions and recommendations of this report. Based on our review, supplemental recommendations and /or further geotechnical studies may be warranted. LIMITATIONS The materials encountered on the project site and utilized for our analysis are believed representative of the area; however, soil and bedrock materials vary in character between excavations and natural outcrops or conditions exposed during mass grading. Site conditions may vary due to seasonal changes or other factors. Inasmuch as our study is based upon our review and engineering analyses and laboratory data, the conclusions and recommendations are professional opinions. These opinions have been derived in accordance with current standards of practice, and no warranty is expressed or implied. Standards of practice are subject to change with time. GSI assumes no responsibility or liability for work or testing performed by others, or their inaction; or work performed when GSI is not requested to be onsite, to evaluate if our recommendations have been properly implemented. Use of this report constitutes an agreement and consent by the user to all the limitations outlined above, notwithstanding any other agreements that may be in place. In addition, this report may be subject to review by the controlling authorities. City of Newport Beach W.O. 4275 -A1 -OC Newport Coast Elementary School Loop Road, Newport Beach April 9, 2004 File: mgr:c:1wp10 \4275At.wpd Page 11 GeoSoils, Inc. GSI sincerely appreciates this opportunity to be of service. If you have any questions pertaining to this report, please call. Respectfully submitted, GeoSoils, Inc. Fred Aflakian Engineering GI Reviewed by, Fard . LaAont Engineering Geologist, FA/EHL /BBS /In EAEC GFCC C., F.M. AFLAKIAra`;,�;% No. 2051> CEFTIFIED ENGINEERING ,E No. lc tp. :: ! .. Enclosure: Plates 1 and 2 Appendix A Appendix B Distribution: (6) Addressee Geotechnical Site Plan References "R" -Value Data Sheets City of Newport Beach W.O. 4275-Al-OE Newport Coast Elementary School Loop Road, Newport Beach April 9, 2004 File: mgr:c: \wp10\4275A1.wpd Page 12 APPENDIX A REFERENCES GeoSoiis, Inc. Blake, T.F., 2000, UBCSEIS Version 1.03, A Computer Program to Deterine UBC Seismic Fators. GeoSoils, Inc., 1998b, Response to OCEMA Regarding Tentative Tract 15372, Newport Coast, County of Orange, California, W.O. 3204- 132 -OC, dated February 5. 1998c, Response to OCEMA Grading Section Geotechnical Report Review Sheet dated Decemmber 17, 1997, Lot 1, Tract 15489, Newport Coast, County of Orange, California, W.O. 3204D- A2 -OC, dated January 28. ,1998d, Rough Grade Geotechnical Report for Tentative Tract 15372, Lots 1 through 181, County of Orange, California, W.O. 3204- 132 -OC, dated January 16. Jennings, C.W., 1994, Fault Activity Map of California and Adjacent Areas, Scale 1:750,000, California Division of Mines and Geology, Califonia Data Map Series, Map No. 6. GeoSoils, Inc. APPENDIX B "R" -VALUE DATA SHEETS GeoSoils, Inc. PROJECT NUMBER R - VALUE 30930 DATA SAMPLE DESCRIPTION: Brown Silty Sand SHEET W.0# 4275 -El.00 City of Newport Beach BORING NUMBER: Sample #1 item a SPECIMEN b c Mold Number 1 2 3 Water added, grams 24 36 19 Initial Test Water, % 12.1 13.2 11.6 Compact Gage Pressure, psi 350 350 350 Exudation Pressure, si 408 242 622 .Height Sample, Inches 2.50 2.46 2.45 Gross Weight Mold, grams 3143 3184 3174 Tare Weight Mold, grams 2083 2116 2118 Sample Wet Weight, grams 1060 1068 1056 Expansion, Inches x 10ex -4 10 5 18 Stability 2,000 Ibs (160 si ) 15 / 30 21 / 40 14 / 27 Turns Displacement 3.92 4.03 3.80 R -Value Uncorrected 73 65 76 R•Value Corrected 73 65 76 Dry Density, cf 114.6 116.2 117.0 DESIGN CALCULATION DATA Traffic Index Assumed: 4.0 4.0 4.0 G.E. by Stability 0.28 0.36 0.25 G. E. by Expansion 0.33 0.17 0.60 Equilibrium R -Value 68 by EXUDATION Examined & Checked: 4 Ae « ; — Z- v " b /1/ 04 REMARKS: Gf = 1.25 1.9% Retained on the 3/4" Sieve. en . Marvi E 30659 The data above is based upon processing and testing sa Q _ ed from the field. Test procedures in accordance with latest revisions to Department of Transportation, State of California, Materials & Research Test Method No. 301. Liliil led • AlaffIll 2� ag of 11 0 -VALUE GRAPHICAL PRESENT 0 N PROJECT NO. 400 350 BORING NO. 300 LU DATE 4-'- o4 Lo 200 TRAFFIC INDEX loo (x R-VALUE BY EXUDATION 0 R-VALUE BY EXPANSION 800 700 600 500 400 300 200 100 Ell FREE EMPRIN EM --t. MMEW NNW FIRM MR-1 NE w .... .... ... .. .... .... 77F7 .7. Ll I I Ic 1:img� I I Me no HER ON On MEN 5 1 1, rq_ 19-119�1 slaffirlNE 1.0 2.0 3.0 COVER THICKNESS BY EXPANSION, FT. Lm 90 � z 80 0 70 60 cn 40 as 30 20 10 0 4.0 fl. Q 12- C-) 13,-3 MOISTURE AT FABRICATION L10 12--o 13-P Z MOISTURE 0 ----w------,--R-VALUE vs. EXUD. PRES. N T by EXUDATION --&�0� EXUD. I vs. EXPAN. T a 0 T b . y EXPANSION REMARKS lAlgdkl,, • illanAol PRO %VO EN r' � L 2-5 4.. . 3.1 1 2.1 1.( 1 --t. .... .... ... .. .... .... 77F7 .7. fl. Q 12- C-) 13,-3 MOISTURE AT FABRICATION L10 12--o 13-P Z MOISTURE 0 ----w------,--R-VALUE vs. EXUD. PRES. N T by EXUDATION --&�0� EXUD. I vs. EXPAN. T a 0 T b . y EXPANSION REMARKS lAlgdkl,, • illanAol PRO %VO EN r' � L 2-5 4.. . 3.1 1 2.1 1.( 1