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HomeMy WebLinkAboutC-3655 - Newport Boulevard Right Turn Lane at Hospital RoadCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 March 27,2007: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Luy 949 - 644 -3330 or sluy@city.newport- beach.ca.us NEWPORT BOULEVARD AWARD OF CONTRACT I RECOMMENDATIONS- 1 . Approve the drawings and specifications. LANE AT HOSPITAL ROAD - 2. Approve a Budget Amendment in the amount of $339,167 from unappropriated fund balance of the Gas Tax Fund to Account No. 7181- C5200737. • 3. Award Contract No. 3655 to Hillcrest Contracting for the Total Bid Price of $788,889, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $79,000 (10 %) to cover the cost of unforeseen work., 5. Approve geotechnical and material testing services with Harrington Geotechnical in the amount of $16,000 per the existing On -Call Professional Services Agreement. Approve an amount of $2,000 for printing and other associated costs. DISCUSSION: At 11:00 a.m. on March 13, 2007 the City Clerk opened and read the following bids for this project: BIDDER Low Hillcrest Contracting 2 L H Engineering Co. Inc. 3 EXCEL Paving Co. • TOTAL BID AMOUNT $786,889 871,470 *897,886 * Corrected Bid Amount is $887,085. Newport Boulevard Right Tum Lane at HospitaTRoad — Award of Contract No. 3655 March 27, 2007 Page: 2 The low total bid amount is 38% above the Engineer's Estimate of $570,000.00. The • disparity between the estimate and the actual bid price reflects the current volatility of the native plant market due to increased demand for native plants. There is a trend toward replanting with native species in order to satisfy the requirements of permitting agencies and reduce irrigation demands through the use of native plants. The large number of other currently advertised public works projects may also be a factor in higher bids as well as the low number of bids received for the project. Staff is researching options to reduce the landscaping costs. One option is to use a native hydroseed mix similar to that used for the Newport Boulevard Bioswale and to minimize cattail plantings. (Cattails are opportunistic and can be expected to establish themselves readily.) A cost savings of $150,000 could be realized with these planting modifications... This project has been delayed for an extended period due to the difficulty of obtaining the permits for this project it took over four years primarily to resolve questions involving 0.06 acres of wetlands: The Caltrans Encroachment Permit requires construction to be completed by June 30, 2007. The low bidder, Hillcrest Contracting, possesses a- California State Contractors License Classification W as required by the project specifications. The Contractor has previously completed similar projects for the City. in a satisfactory manner. This project consists of the removal of asphalt concrete pavement, base rock, curb, gutter, sidewalk, catch basin, storm drain, manholes, soil, landscaping, irrigation, traffic signals, • signing, and striping while protecting fencing, monitoring wells, landscaping, irrigation lines, water line, and other utilities. The contractor will then excavate and grade the roadway and slope, install the shotcrete drainage ditch, curbs, gutters, sidewalk, catch . basins, storm drains and storm drain manholes. Also included in the scope of work is the preparation of subgrade, placement of base rock,. asphalt paving, setting utility covers to grade, installation, of landscaping, irrigation, traffic signals, traffic signal loop detectors, traffic signing, traffic striping and markings, and other appurtenant and incidental items of work as required to complete project. Per the Contract Specifications the Contractor will have 45 consecutive working, days to complete the work. Environmental Review: On February 8, 2005, Council approved the Mitigated Negative Declaration for "this project. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be noticed by the Contractor with City prepared notices ten days and again two days prior to starting • work in their area. • Newport Boulevard Right Turn Lane at Hospi w — Award of Contract No. 3655 March 27, 2607 Page. 3 • Geotechnical. Material Testing and Printing Costs: In addition to the contract costs, approximately $16,000 in material testing is estimated for this project and $2,000 for printing and other incidentals. Funding Availabilifir There is a $544,722 unencumbered balance on this project currently available in the Transportation and Circulation Fund. The remaining $339,167 would become appropriated upon approval of the recommended Budget Amendment and sufficient funds will be available in the following accounts for the project. Account Description Newport Blvd. Right Turn Lane Budget Amendment Proposed uses are as follows: Vendor • Hillcrest Contracting Hillcrest Contracting Harrington Geotechnical Various • Account Number Amount 7261- C5200737 $ 544,722.00 7181- C5200737 $ 339.167.00 Total: $883,889.00 Purpose Construction Contract Construction Contingency Materials Testing Printing and Incidentals Total: Amount $786,889.00 $ 79,000.00 $ 16,000.00 $ 2,000.00 $883,889.00 Upon award of the project, staff would negotiate with the Hilicrest to delete the sedge groundcover item and add an item fora native hydroseed mix with slope stabilization fabric. The cattail planting item will be reduced or perhaps removed from the contract to be performed under a separate landscaping contract. Prepared by: Steve Luy Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Submitted In G. Badum Works Director z j �o3 � Ja J� P'l C/F/C loo °0 �\ T,q4 ml NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD cn qsr ,y\ PROJECT -' LOCATION LOCATION MAP Wr TO SME C -3655 Dmwtwe ►m. EXHIBIT A . dYi111=l ENGINEER'S ESTIMATE: PROJECT MANAGER: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City CloWs Office - City Hell DATE: 13- Mar -07 TIME: 11:00 BY: SL CHECKED: SR DATE: 03113/2007 Bid Error, As Bid Amount _ _ _ `5897,886.00 Musar VWshmftontMct0M1PBID SUM 03655 _ Pago 1 En ineer'9 Estimate Hilk:rest Contracting L H Engii neerin g Co. Inc. EXCEL Paving Co. ITEM DESCRIPTION QUANTITY UNIT I AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 6% 1 L.S. 26,455.00 28,455.00 000.00 6-0-10-D-0-0-0- 19 200.00 19,200.00 54 000.00 54,000.00 2 Traffic Control 5% 1 L.S. 25,000.00 25,000.00 16 000.00 16,000.00 25 000.00 25,000.00 28 000.00 29,000.00 3 Water Pollution Control Pro . /Erosion Cont. 1 L.S. 4,00-0-0-0- 4,000.00 6,000.00 6,000.00 20 000.00 20,000.00 8,000:00 800000 4 Clearing and Grubbing 1 L.S. 10 000.00 10,000.00 53 000.00 53 000.00 35 000.00 35 000.00 39 000.00 39!0 5 Sawcut and Remove Existing Improvements 1 L.S. 30,000.00 30,000.00 21 OOO.DO 21,000.00 60 000.00 60 000.00 12 000.00 12,000M. 6 Slope and Parkway Grading Cut 400 M3 25.00 10,000.00 30.00 12,000.00 108.00 43,200.001 15.00 6,000.00 7 Slope and Parkway Grading Fill 2,250 M3 . 40.00 90 000.00 32.00 72 000.00. 55:00 123,750.00 36.00 81 000.00 8 Construct 675 MM RCP Storm Drain Pie 4.8 M 800.00 3,840.00 1,300.00 6,240.00 975.00 4680.00 1,000.00 4,800.00 9 Construct Reinforced Concrete RC Collar 1 Ea. 1,000.00 1,000.00 1,000.00 1,000.00 5,300.00 5,300.00 1,400.0 1,400.00 10 Construct Shotcrete Drainage Ditch 173 M 200.00 34,600.00 64.00 11,072.00 175.00 30 275.00 150.00 25,950.00 11 Head/Ret.NVin walls. Wall Gut. /Drain Slab 10.8 M/T 3,500.00 37,800.00 1,700.00 18,360.00 1,600.00 16 200.00 1,900.00 20,520.00 12 Construct Storm Drain Junction Structure 1 Ea. 5,000,00 5,000,00 6,000.00 5,000.00 6,600.00 5,500.00 8,000.00 8,000.00 13 Const. 6.1 M Curb Drain/PCC Gut. Depress. 1 Ea. 7,000.00 7,000.00 16 000.00 16,000.00 7500.00 7,500.00 14 000.00 14,000.00 14 Const. 1.067 M Curb Drain/PCC Gut De p. 1 Ea. 3,000.00 3,000.00 6,000.00 6,000.00 5.500.00 5,500.00 7.000.001 7,000.00 15 lConst 450 MM Reinf. Conc Pipe S.D. 21.0 M 500.00 10 500.00 500.00 10,500.00 500.00 10,500.00 860.00 18,060.00 18 lRoadway Excavation 365 M3 50.00 18,250.00 23.00 8,395.00 95:00 34,675.00 131.00 47,815.00 17 1 Const. 509 MM Thick Class 2 Agg. Base 330 M3 70.001 23,100.00 100.00 33,000.00 120.00 39 600.00 130.00 42 900.00 18 lConstruct PCC Curb and Gutter 218 M 100.00 21 800.00 120.00 28160.00 115.00 25,070.00 125.00' 27,250.00 19 Construct 100 MM Thick PCC Sidewalk 41 M2 80:00 3,280.00 162.00 6,642.00 120.00 4,920.00 160.00 6,560.00 20 Construct PCC Curb Rams 2 Ea. 3,000.00 6,000.00 1,100.00 2,200. 4,500.00 9,000. 5,000.00 10;000.00 21 Construct 305 MM Thick AC Pavement 480 M/T 100.00 48,000.00 100.00 48,000.00 120.00 57,600.00 113.00 54,24 22 Reset Survey Monument 1 Ea. 1,000.00 1,000.00 900.00 900.00 2 500.00 2 500.00 550.00 55 23 Set Monitoring Well Cover to Grade 1 Ea. 500.00 500.00 900.00 900.00 1,500.00 1,500.00 830.00 830.00 24 Relocate Existing Sign 1 Ea 200.00 200.00 150.00 150.00 500,00 500.00 110.00 110.00 25 Remove, Relocate and Inst. Traf. Signal 1 L.S. 90,000.00 90,000.00 46j000.00 45,000.00 55 000.00 . 55,000.00 47 000.00 47,000.00 26 Install Traffic Signal Detector Loos 18 Ea. 350.00 6,300.00 240.00 4,320.00 300:00 5,400.00 250.00 4,500.00 27 Traffic Striping 1 L.S. 9 000.00 9,000.00 9,000.00 9,000.00 12 000.00 12,000.00 9,600.00 9,500.00 28 Install Temporary Irrigation System 1 L.S. 13,000.00 13 000.00 35 000.00 35,000.00 25 000.00 25,000.00 35 000.00 35,000.00 29 Calif. Meadow Sedge Grass Erosion Cont. 3,600 M2 5.00 18,000.00 48.00 172,800.00 38.00 136,800.00 --25,300.001 50:00 180,000.00 30 Calif. Native Cat -Tail Plant. 275 M2 5.00 1,375.00 270.00 74 260.00 92.00 300.001 82 500.00 31 Construction Surveying 1 L S. 12 000.00 12,000.O 6,000.00 B 00M(In 25,000.001 25,000.001 9,600.001 9,600.00 EE 570 000.00 LOW 1 -786,889 0 2ND 1 871,470.001 3Rd 1 887 085.00 Bid Error, As Bid Amount _ _ _ `5897,886.00 Musar VWshmftontMct0M1PBID SUM 03655 _ Pago 1 Ci' of Newport Beach BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase Expenditure. Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues Hx from unappropriated fund balance EXPLANATION: NO. BA- 07BA -W7 ' AMOUNT: $339,167.00 Increase in Budgetary Fund Balance • 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 the Newport Boulevard Right-turn Lane at Hospital Road. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund: - Account 180 3605 REVENUE ESTIMATES (3601) Fund/Division Account 9010 6000 Description State Gas Tax Fund Balance Description NO General Fund- Transfers In EXPENDITURE APPROPRIATIONS (3603) Description Division Number 9180 ND State Gax Tax Account Number 8900 Transfers Out Amount Division Number 7013 Street Account Number C5200737 Newport Blvd Right -turn Lane at Hospital Road Division Number Account Number Division Number Account Number Division Number Account Number $339,167.00 $339,167.00 Signed: .?- .21 -!Z2 Financial Approval: AdministraV. Prices Director Date Signed: .� Administrative Appro I: City Manager ofbafii z Signed: • City Council Approval: City Clerk Date CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 a.m. on the 13th day of March, 2007, at which time such bids shall be opened and read for NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD Title of Project Contract No. 3655 $570,000.00 Engineer's Estimate fien G. Badum Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.city.newport- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $30.00 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 Stephen J. Luy, Protect Manager at (949) 644.3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 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 quantifies 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 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 at 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). 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. 471664 A Contractor's License No. & Classification HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT March 12, 2007 Date CITY OF NEWPORT BEACH BOND #08560235 PUBLIC WORKS DEPARTMENT PREMIUM NIL NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 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 AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT BOULEVARD RIGHT TURN LANE, Contract No. 3655 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 5TH day of MARCH 2007. HILLCREST CONTRACTING, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE, PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) •409 -2800 Telephone Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT DAVID L. g j;$ERTSO/ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) M CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON Mar. 12, 2007 before me, Alice M. English, Notary Public, personally appeared Glenn J. Salsbury, personally known tome, to be the ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICE M. ENGLISH Commtsslon # 1514998 %-VMyC0mm.Ex0es0ct21,2Wj tary Pub9c - CaUtomia RWerskle County Witness my hand and official seal Alice M. English, NoYary Public OPTIONA Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: BIDDER'S BOND Document Date: Mar. 5, 2007 Number of Pages: ONE Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual 1l Corporate Officer - Title(s): President ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 03/05/07 before me, LEXIE personally appeared known to me to be th within instrument and same in his authorized instrument the person person acted, executed DAVID L. CULSRTSON personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand , nd official seal. g LEXIE SHERWO OD CrMM. 91593951 M 0 ANGE COUNTY Comm EXP. JULY 27, 2009 ' U NOTA PUSUC a CAUFORN A n sighatAre of otary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTAC3ED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUM9ER OF PAGES 1 DATE OF DOCUMMT 03/05/07 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE ❑ PARTNER (S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat h e , by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB e OOD, all of Anaheim, California, EACH its true and lawful agent and e d deliver, for, and on its behalf as surety, and as its act and deed: any a n xecution of such bonds or undertakings in pursuance of these prese l in as fully and amply, to all intents and purposes, as if they had been d fs t ac b ularly elected officers of the Company at its office in Baltimore, Md., ' r s ` attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ° s%'Weeby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'gyp ocvor /. •' t�"Or °s, a State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the Stale of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument 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. . $ Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA -F 012.4150H 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, undertaking, 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." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 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 5TH day of MARCH 2007 A�41 Assistant Secretary 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, undertaking, 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." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 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 5TH day of MARCH 2007 ,�.. � Assiswnt Secretary Best's Rating Center - Company Information for Fidelity and Deposit Company of Mary]... Page 1 of 1 View Ralings: Financial Strength Issuer Credit Securities Advanced Search Fidelity and Deposit Company of Maryland (a member of Lurch Financial services Group) A.M.Best 4: 00367 NAIL #:39306 FEIN .4: 1331166577 Address 1400 American Lane Schaumburg, IL 60196 -1056 Best's Ratings Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: g (Group) Financial Size: Category: XV ($2 billion or more). Outlook: Stable Action: Affirmed Effective Date: December 20, 2006 Phone: 847.605 -6000 Fax: 847- 605 -6011 Web: www_z irichna.com * Denotes Under Review Best's Ratings Other Web Centers: F Assigned to companies Nat have, in our op n pn..an excellent abl ty to meet their Mgo ng oGiga6ons to ppllcyholder5: Issuer Credit Ratings View Definitions Long -Tenn: a+ Outlook: Stable Action: Affirmed Date: December 20, 2006 Reports and News Visit our NewaRoom for the latest news and press releases for this company and its A.M. Best Group. 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Best I Site Map I Privacy Policy, I Security I Terms of Use I Legal & Licensing Copyright © 2007 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. http: / /www3.ambest.com /Ratings /FullProtile. asp' ?amb =3 87 &URATINGID= 840616 &altn... 03/13/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 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 0% Of Total Bid Name: + Pn�.t/jC.o o�- Address; 0&4y.?kQQC4 Phone: *711- 7 ??-6?0 State License Number: Y70/83 Name: "4F,7/w_ Address: 6_C!j[�f�W v V" Phone: State License Number. y Name: / Address. psi�'�i aq Phone: -L ��,l3l�i�b'j!f State l;cense Number: 14ILLCREST CONTRACTING, INC. Bidder Authorized Signaturem e 6 GLENN J. SALSBURY, PRESIDENT M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an- amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid item Number Description of Work %of Total Bid Name: Address: k/9-�Mtrl4 v-w- JQ cwt la,-(D,4 60P P,� o�4e`�%� State License Number: a i3A4; r h Name: rLowki -r, Address: R ©9 f !`- ! PAO- 41% / IR-431 c,lqv,�s �?a 5C4 ` X13 -�� ✓e Phone: State License Number: Name- Address. 10-3 Phone:[ State'License Number: yg D HILLCREST CONTRACTING, INC. Bidder Authorized Signature;Ttle 6 GLENN J. SALSBURY, PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type Bidders Name HILLCREST CONTRACTING, 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 Project Description Railroad Grade Crossings Railroad Crossings at 7 Separate Locations Approximate Construction Dates: From 08103 Agency Name Alameda Corridor East 12103 Contact Person Lou Cluster Telephoneg26 ) 962 -9292 Original Contract Amount $704,581 Final Contract Amount $763,578 If final amount is different from original, orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 2 Project Name /Number Barham Avenue Widening Project Description _Signalization and Widening at Barham Ave. and State Route 78 Approximate Construction Dates: From 06104 12104 Agency Name City of San Marcos Contact Person Ryan Bishop Telephone�60 ) 752 -7550, EXT: 3303 Original Contract Amount $393,132 Final Contract Amount $ 402,086 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED 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. 3 Project Name/Number Civic Center Parking Lot Renovation Project Description Rebuilding Parking Lots, Including Landscape, Lighting & Tennis Courts Approximate Construction Dates: From 10104 Agency Name Contact Person City of Cypress Karran Dadbeh To: 03105 Telephone (711 229 -6756 Original Contract Amount $1,910,86>inal Contract Amount $2 °091,535 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED 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. 4 Project Name /Number Mission Boulevard Revitalization Project Description Widening, Medians, and Signal Work on Mission Boulevard and Riverview Approximate Construction Dates: From 06105 To: 11105 Agency Name Riverside County Economic Development Agency Contact Person Chuck Krieger Telephone�51 ) 684 -6900 1,467,054 Original Contract Amount $ Final Contract Amount $ 1,850,000 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED 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. 5 Project Name /Number Yucaipa Boulevard Street Improvements Project Description Widening of Yucaipa Boulevard and Signals from 5th Street to 7th Street Approximate Construction Dates: From 03104 To: 01105 Agency Name City of Yucaipa Contact Person Margaret Shively Telephone (903) 797 -2489 1,379,740 1562,320 Original Contract Amount $ Final Contract Amount $ , If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED 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. 6 Project Name /Number Walden Estates Project Description Street Improvement, Brea, California Approximate Construction Dates: From 03105 To: 02106 Agency Name Shea Homes Contact Person Rodger Gazelle Telephone704 ) 822 -6634 Original Contract Amount $877,460 Final Contract Amount $ 1,400,000 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED 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. SEE ATTACHED 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. HILLCREST CONTRACTING, INC. Bidder 10 Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT Thomas Nowin 1467 Circle City Drive, Corona, CA 92879 -1668 Phone 951/273 -9600, Fax 951/273 -9608 Q U A L I F I C A T I O N S Over" years experience in highway construction and site development. examples, Managed all aspects of construction on multiple projects encompassing everything from minor to multi - million dollar public works and private contracts. Responsibilities included (but not limited to): knowledge and interpretation of contract documents, specifications and plans; quality control management; scheduling projects; supervising Forman; coordinating personnel, equipment, materials, and subcontractors; managing and controlling job costs; negotiating change orders; acting as company liaison with all controlling agencies and owners; coordinating an indefinite number of projects simultaneously, each operating with multiple crews and subcontractors. Currently certified in Hazardous Waste/Health and Safety Training, Cal -OSHS Trenching and Excavation Standards of California (Competent Person), CPR and First Aid. WORK H I S TORY Superintendent, Hillcrest Contracting, Inc., Corona, CA Feb. 1995 to Present General Superintendent, Sully - Miller Contr. Co., Anaheim, CA Jan. 1993 to Feb. 1995 General Superintendent, Grath Company, Santa Ana, CA July 1976 to Dec. 1992 Project Foreman, Sully - Miller Contracting Co., Orange, CA 1965 to July 1976 Truck Driver -Prime Mover, Warren Southwest, Duarte, CA 1963 to 1965 Truck Driver, D.F.H. Trucking, El Monte, CA 1961 to 1963 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 NON - COLLUSION AFFIDAVIT State of California ) ss. County of Riverside ) GLENN J. SALSBURY being first duly sworn, deposes and says that he or Mb is PRESIDENT of HILLCREST CONTRACTING,INC, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put In a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT Subscribed and sworn to (or affirmed) before me on this 12th day of March , 2007 by GLENN J. SALSBURY personally known to me or- pri;%vd-t94rl&on th --basis- ef- $Wisf€tct - evidence to be the person(it) who appeared before me. ALICE M. ENGLISH �(.� Z-2 )X" Commisabn # 1514998 L -d Notary Public - Callfomlo f Notary Public Rtverst� county - Alice M. English, Notary Public. MyComm. Endres Oct 21, 2008 [SEAL] My Commission Expires: 10/21/2008 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 DESIGNATION OF SURETIES Bidders name HILLCREST CONTRACTING, INC. 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): SEE ATTACHED FOR ALL INFORMATION REQUESTED 12 DISIGNATION OF SURETIES BONDING: Fidelity and Deposit Company of Maryland 225 S. Lake Avenue, #700 Pasadena, CA 91101 626/792 -2311 FAX - Not Available BONDING Culbertson Insurance Service AGENT: 5500 E. Santa Ana Canyon Road Anaheim, CA 92807 714/921 -0530 FAX 714/921 -2096 INSURANCE: Carter Salisbury Insurance Company 50 E. Foothill Boulevard, Suite 201 Arcadia, CA 91006 626/294 -1720 Fax 626/294 -9245 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name HILLCREST CONTRACTING, INC. Record Last Five (5) Full Years Current Year of Record SEE ATTACHED I ne intormation 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 2006 2005 2004 2003 2002 Total 2007 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of em to ent I ne intormation 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 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 5- Calendar Years Prior to Current Year CONTRACTOR: HILLCREST CONTRACTING, INC. 2002 2003 2004 2005 2006 2007 CURRENT 1) Total Hours Worked (in thousands) YEAR Nationwide: 263,388 286,669 329,269 359,598 355,009 0 California: 263,388 286,669 329,169 359,598 355,009 0 2)* Number of fatalities Nationwide: 0 0 0 0 0 0 California: 0 0 0 0 0 0 3)* Number of lost workdays cases Nationwide: 7 2 3 5 2 0 California: 7 2 3 5 2 0 4)* Number of injury /illness cases involving restricted work activity Nationwide: 7 3 3 5 2 0 California: 7 3 3 5 2 0 5)* Number of lost workdays Nationwide: 127 76 22 202 75 0 California: 127 76 22 202 75 0 Nationwide: California: 6)* Number of days of restricted work activity due to injury /illness Nationwide: 0 0 0 0 0 0 California: p 1 0 0 0 0 0 7) ** Incidence Rate Lost Workday Cases Nationwide: 5.32 1.40 1.82 2.78 2.25 0 California: 5.32 1.40 1.82 2.78 0 0 8) Workers' Compensation Experience Modifier Nationwide: 74 90 93 93 105% 89% California: 74 90 93 93 105% 89% CONTRACTOR: HILLCREST CONTRACTING, INC. Legal Business Name of Bidder HILLCREST CONTRACTING, INC. Business Address: 1467 Cir. City Dr., Corona, CA 92879 -1668 Business Tel. No.: 9511273 -9600 State Contractor's License No. and Classification: 471664 A Title General Engineering Contractor The above information was compiled, from the records that are available to me at this time and 1 declare under penalty of perjury that the information is true and accurate within'the limitations of those records. Signature of bidder / / GLENN J. SALBURY Date March 12, 2007 Title PRESIDENT Signature of bidder EINER G. LINDHOLM Date arch _12, 2 07 Title VICE PRESIDENT /SECRETARY Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of Individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On March 12, 2007 before me, Alice M. English, Notary Public, personally appeared Glenn J. Salsbury and Einer G. Lindholm personally known to me, to be the ep rsons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the erp sons or entity upon behalf of which the persons acted, executed the instrument. ALICE M. ENGLISH Commission # 1514998 ` Q Notary Public - Calitonda _ RNerstde County My Comm. E ofes Oct 21, 20MI Witness my hand and official seal V Alice M. English, Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: AFFIDAVIT FOR CORPORATE CONTRACTOR Document Date: Mar. 12, 2007 No. Of Pages: ONE Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: GLENN J. SALSBURY & EINER G. LINDHOLM ❑ Individual la Corporate Officer - Title(s): President & Vice President /Secretary ❑ Partner Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 ACKNOWLEDGEMENT OF ADDENDA Bidders name HILLCREST CONTRACTING, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: um No. 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 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: HILLCREST CONTRACTING, INC. Business Address: 1467 Circle City Drive, Corona, CA 92879 -1668 Telephone and Fax Number: 951/273 -9600. 9511273 -9608 California State Contractor's License No. and Class: 471664 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 02/26/1985 Expiration Date: 04/30/2007 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: Jerry Blair, Chief Estimator 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 GLENN J. SALSBURY, PRESIDENT 1467 Cir. City Dr., Corona, CA 9511273 -9600 EINER G. LINDHOLM 1467 Cir. City Dr., Corona, CA 9511273 -9600 VICE PRESIDENTISECRETARY Corporation organized under the laws of the State of CALIFORNIA 16 The-dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE 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; NONE Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. NO 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. HILLCREST CONTRACTING, INC. Bidder GLENN J. SALSBURY (Print name of Owner or President of Corporation /Company) Authorized Signature/Title PRESIDENT Title March 12, 2007 Subscribed and sworn to (or affirmed) before me on this 12th day of March by GLENN J. SALSBURY , personally known to me m4arnue to me Dn thehasis .nfsatisfactory.euidence to be the person(*) who appeared before me. ALICE M. ENGLISH Commission # 1514998 Notary Public -o Notary Pulic - Caiffomia 5 ry Riverside County - Alice M. English, Notary ublic My Comm. Expires Oct 21.2008 [SEAL] My Commission Expires: 1012112008 18 2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE CONTRACT NO. 3655 THIS AGREEMENT, entered into this4'Alay of 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and HILLCREST CONTRACTING, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT BOULEVARD RIGHT TURN LANE Project Description as described in the Contract Documents. Contract No. 3655 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. 3655, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Hundred Eighty-Six Thousand, Eight Hundred Eighty-Nine and 001100 Dollars ($786,889.00). 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: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 -1668 951 - 273 -9600 951 - 273 -9608 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 1173) 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. 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising .from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to of 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 active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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 year first written above. APP OVED AS TO FORM: AA ON C. HARP Assistant City Attorney 25 HILLCREST CONTRACTING, INC. By: Zz==777--:� (Corporate Officer) Title:G'lenn J. Salsbury-PresA t Print Name: (Financial Officer) Titlefiner G. Lindholm- V.P. /Secretary Print Name: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE EXECUTED IN FOUR COUNTERPARTS CONTRACT NO, 3655 BOND NO. 7589939 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,483.00 , being at the rate of $ 9.38/6.88/6.25 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to HILLCREST CONTRACTING, INC., hereinafter designated as the " Principar, a contract for construction of NEWPORT BOULEVARD RIGHT TURN LANE, Contract No. 3655 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. 3655 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 Seven Hundred EightySbc Thousand, Eight Hundred Eighty -Nine and 00/100 Dollars ($786,889.00) 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 administrator;, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true Intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then. Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; 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 some shall in any way affect its obligations on this Bond, and it does hereby waive notice of any sugh change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an Individual; it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety.above named, on the 15TH day of MARCH . 2007. l Hillcrest Contracting, Ina (Principal) FIDELITY,AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone Glenn. J. Salsbury-presided Authorized Signature/Title ._ DAVID . CULBERTSON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT S 959E (2004) State of California County Of orange ss. On 3 -15 -07 before me,Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared David L. Culbertson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAN C. MORAN 0 COMM. d 1470967 (g NOTARY PUBLIC- CALIFORNIA O ORANGE COUNTY COMM. EXP. FEB. 17, 2008 WITNESS my hand and official sea]. Signature (seal) J C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Performance Bond DOCUMENT TITLE OR DESCRIPTION S DOCUMENT DATE: 3-15 -07 NUMBER OF PAGES two (2) iE iEa s COMMENTS: at 0 a v S S 959E (2004) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 19, 2007, before me, Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in he authorized capacity, and that by he signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICHELLE SANTIAGO Witness my h d and official seal COMM. # 1703618 y Z ii - NOTARY PUBLIC - CALIFORNIA`'+M RIVERSIDE COUNTY My Comm. Expires Nov. 6, 2010 nti o Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of DocOument: Performance Bond Document Date: March 15, 2007 Number of Pages: Two Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner - 0 Limited 0 General. ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: nor is Representing: Hillcrest Contracting, Inc Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dale It e , by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and u ,' d deliver, for, and on its behalf as surety, and as its act and deed: any an n w xecution of such bonds or undertakings in pursuance of tbese prese 1 in as fully and amply, to all intents and purposes, as if they had been d �c t ac h ularly elected officers of the Company at its office in Baltimore, Md., i�p a 1attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ° s by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'gyp DfPOg�i ro, r 4 wni State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument 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. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA -F 012 -4150H 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, undertaking, 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." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 V1, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may he 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 15TH day of MARCH 2007 y,I Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE EXECUTED IN FOUR COUNTERPARTS CONTRACT NO. 3655 BOND NO 7589939 PREMIUM: IffUrUn= PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to HILLCREST CONTRACTING,. INC., hereinafter designated as the "Principal,° a contract for construction of NEWPORT BOULEVARD RIGHT TURN LANE, Contract No. 3655 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. 3655 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, 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 "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Eighty-Six Thousand, Eight Hundred Eighty -Nine and DWI DO Dollars ($786,889.00) 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 terns 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, fall 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California_ . 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 at 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 tht3reunder 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 15TH day of MARCH . 2007. Hilicrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone Glenn J. Salsbury- President Authorized Signature/Title V _ Authorized Agent Signature DAVID L. CULBERTSON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT S 959E (2004) State of California County of Orange SS. On 3 -15 -07 before me Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared David L. Culbertson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAN C. MORAN Q COMM. # 1470967 • NOTARY PUBLIC - CALIFORNIA Ii ORANGE COUNTY WITNESS my hand and official seal. COMM. EXP. FEB. 17, 2008 � Signature ' ' ' ' """ (seal) JSV C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Payment Bond DOCUMENT TITLE OR DESCRIPTION $ a, 0 S DOCUMENT DATE: 3 -15 -07 NUMBER OF PAGES: two (2) COMMENTS: 0 s S S 959E (2004) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 19, 2007, before me, Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the eo rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in he authorized capacity, and that by he signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICHELLE SANTIAGO - COMM. # 1703618 z Z = o NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Nov. 6, 2010 Witness my OPTIONAL and official seal Public Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of DocOument: Payment .Bond Document Date: March 15, 2007 Number of Pages: Two Signers) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Hillcrest Inc Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, " ompany, are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the dat by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and a d deliver, for, and or its behalf as surety, and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these prose 6 in as fully and amply, to all intents and purposes, as if they had been d gf ac h ularly elected officers of the Company at its office in Baltimore, Md., i�P _ _ r attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ' s>tWeby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'gyp 9fi0gi ♦ � n � It11 �� 4 �� State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND f """ /-) ` / ' 0 Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument 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. POA -F 012 -4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 �IIIII'11 J�A'�� Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 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, undertaking, 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." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 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 15TH day of MARCH 2007 Assistant Secretary Client#: 17237 HIL425Z ACORD- CERTIFICATE OF LIABILITY INSURANCE 03/27107 PRODUCER PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arroyo Insurance Services Carter Salisbury ns Brokers ry ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 50 E. Foothill Blvd., #201 DATEIMM Drffl PDATEI MIDIN ION Arcadia, CA.91006 (626)2741720 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Interstate Fire & Casualty Company SGLI000392 Hillcrest Contracting Inc., DBA: Ros -Mar Equipment Company, Inc. (951)2739600 P.O. Box 1898 -1467 Circle City Dr. INSURER B: Safeco Insurance Co EACH OCCURRENCE INSURER C: State Compensation Fund INSuRER D: Everest National Ins. Co. X COMMERCIAL GENERAL LIABILITY Corona, Ca. 92879 -1898 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR H R TYPE OF INSURANCE POLICYNUMBER DATEIMM Drffl PDATEI MIDIN ION LIMITS A X GENERAL LIABILITY SGLI000392 01131107 01131/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 150 ,000 CLAIMS MADE FX OCCUR MEDEXP(An .n pe.o) $EXCLUDED PERSONAL & ADV INJURY $1.000.000 X $25,000 BI /PD DEDUCT EACH OCCURRENCE X XCU /CONTRACTUAL GENERALAGGREGATE s2,000,000 /BROAD FORM GEN- LAGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $2000000 X POLICY X PHI F LOC JE B AUTOMOBILE X LIABILITY ANYAUTO 25CCO026234 12119106 12/19107 COMBINED SINGLE LIMIT Ea..W.M) $1,000,000 BODILY INJURY (Per p .m ) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per ftnl) $ HIRED AUTOS NOWOWNED AUTOS X PROPERTY DAMAGE (ParaxMeM) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO D EXCESSIUMBRELLA LIABILITY 71Ci2000069071 01/31107 01/31/08 EACH OCCURRENCE s4,000,000 OCCUR LI CLAIMS MADE X AGGREGATE $4 000 000 S $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND 713000669106 10101106 10/01107 X WCSTATU- OTH- E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE OFFICERJMEMBER EXCLUDED? TO FOLLOW FROM STATE COMPENSATION E.L. DISEASE- EA EMPLOYEE $1,000,000 S yyes, describe under SPECIAL PROVISIONS below FUND E.L. DISEASE - POLICV LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ALL OPERATIONS USUAL TO THE NAMED INSURED. THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS IS TO BE NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIAABILITY SECTION, WAIVER OF RIGHTS OF RECOVERY FORM ALSO ATTACHED, OUR POLICY (See Attached Descriptions) CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. Newport Beach, CA 92663 ACORD 25 (2001108) 1 of 3 #344669/M43781 OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING RR DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,TaD= XKXXb00009W= LOC O ACJORD CORPORATION 198t IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2" (2001108) 2 of 3 #S446691M43781 AMS 25.3 (2001108) 3 of 3 #344668/M43781 INSURED: HILLCREST CONRTACTING, INC. POLICY NUMBER: SGL 1000392 COMMERCIAL GENERAL LIABILITY 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: SEE BELOW Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown in the Schedule, butonty with respect to liability arising out of "your work" for that insured by or for you. CITY OF NEWPORT BEACH;; ITS OFFICERS, OFFICIALS, AGENTS.EMPLOYEES, VOLUNTEERS CG 2010 1185 Copyright, Insurance Services Office, Inc., 1984 Page I of 1 ❑ INSURED: HILLCREST CONTRACTING, INC.. POLICY NUMBER: SGL 1000392 AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY INSURANCE FOR AUTOMATIC STATUS ADDITIONAL INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written "insured contract' with you, paragraph a. Primary Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended by adding the following paragraph: Not withstanding the foregoing, the insurance afforded to any person or organization who has been added to this policy by an Automatic Status Additional Insured Endorsement is primary and non- contributory insurance, but only as respects "bodily injury" or "property damage" liability arising out of "your work" performed after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non - contributory insurance and to include such person or organization as an additional insured thereunder. All other terms and conditions of this policy remain unchanged. ICB -8001 04 -05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 10 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. . 12'.116 A.M. standard time I SGL 1000392 Named insured Count igned by HILLCREST CONTRACTING, INC. ee U (Authorized Reiresentaw.a) SCHEDULE Name of Person or Organization: SEE BELOW CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, AGENTS EMPLOYEES VOLUNTEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the 'products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CL 575 (10 -93) CG 24 04 10 93elecAPS Copyright, insurance Services Office, Inc., 1992 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. S A F E C V WAIVER OF TRANSFER RIGHTS CA 713412 83 OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage. provided by this endorsement, the provisions of Lhe Coverage Form Apply unless modified by the endorsement. Endorsement effective 12Z1912OD6 Named insured Counters by HILLCREST CONTRACTING INC. (Authorized Representative) SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH PER SCHEDULE ON FILE WITH COMPANY (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we male to them or on their behalf for injury or damages. arising out of your contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. Premium: $ INCL CA 7134 12 93 w0.1srnrNW *58M184 04/02/2007 13:17 6262949245 CARTER SALISBURY INS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. W 5 A F E C a AbDITIONAL INSURED This endorsement modifies insurance provided Wder the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM PAGE 06 CA 7135 12 93 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the W.d:.rsemert Endorsement effective . Schedule . S 6FFIC' 12/19/2006 o+t Named Insured Countersign .HILLCREST CONTRACTING INC.: (Authorized Representative) THE CITY OF NEWPORT BEACH . Schedule . S 6FFIC' Name of Person or Organization: PER SdHEDULE ON FILE NITWCQMPANY Address: 3300 Newport Reach, Newport Beach, Ca. 92663 mmorrs. INa. Of no entry appears.abm informationiequired to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. Under Lt4BILITY COVERAGE WHO IS AN, INSURED Is changed to Include as an "insured" the person(s) or organizations) shown in the Sdreduk but linty with respect to "bodily injury" or "property damage" resulting from the acts or omissions. of. ' 1. You; L Any of your employees or agents; 3. Any person, except the additional Insured or any employee or agent of the additional Insured, operating a covered "auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply. To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 7135 12 93 Pace 1 0 1 I a ARROYO INSURANCE SERVICES Date: 3/27/2007 City of Newport Bech 3300 Newport B1 Newport Beach, Ca 92663 Re: Insured: Hillcrest Contracting, Inc. Company: Interstate Fire and Casualty Company Policy No: SGL1000392 Term: 01/31/07 to 01/31/08 Gentlemen, CITY OF NEWPORT BEACH etal . for certain work performed by the above captioned insured requires the cancellation wording for their certificate of Insurance be amended to exclude the 'Endeavor to ..........But failure to .......... wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation or non - renewal, Carter Salisbury Insurance Brokers will advise CITY OF NEWPORT BEACH, etal . and will not be the responsibility of Interstate Fire and Casualty Co.,. Very truly yours, -Cf5s�,o �-e 4"� o George B. Salisbury, MBA,CPCU, CLU, AYM KEB 289314 Carter Salisbury Insurance Brokers 50 E. Foothill Blvd., Suite 201, Arcadia, CA 91006 (626) 294 -1720 • Fax: (626) 294 -9245 E -mail: georges @arroyoins.com • julieo @arroyoins.com • Licenses #0735912 & 0556538 ARROYO INSURANCE SERVICES Date: 3/27/2007 City of Newport Beach 3300 Newport B1. Newport Beach, Ca. 92663 Re: Insured: Hillcrest Contracting, Inc. Company: Everest National Insurance Company Policy No: 7102000069 -071 Term: 01/31/07 to 01/31/08 Gentlemen, CITY OF NEWPORT BEACH, ETAL. for certain work performed by the above captioned insured requires the cancellation wording for their certificate of Insurance be amended to exclude the "Endeavor to ..........But failure to .......... wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation or non - renewal, Carter Salisbury Insurance Brokers will advise CITY OF NEWPORT BEACH, eta] and will not be the responsibility of Everest National Insurance Company. Very truly yours, George B. Salisbury, MBA,CPCU, CLU, KEB 289314 Carter Salisbury Insurance Brokers 50 E. Foothill Blvd., Suite 201, Arcadia, CA 91006 (626) 294 -1720 • Fax: (626) 294 -9245 E -mail: georges@arroyoms.com • julieo @arroyoins.com • Licenses #0735912 & 0556538 CERTHOLDER COPY SK STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01 -09 -2007 GROUP: 000713 POLICY NUMBER: 0008891 -2008 CERTIFICATE ID: 1121 CERTIFICATE EXPIRES: 10 -01 -2007 10 -01- 2008/10 -01 -2007 CITY OF NEWPORT BEACH SK JOB:ALL OPERATIONS PO BOX 1788 NEWPORT BEACH CA 92858 -8915 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZEO REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -01 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007-01 -09 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER HILLCREST CONTRACTING INC SK PG BOX 1899 CORONA CA 92878 [B10,SC] (REM -05) PRINTED : 01 -08 -2007 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3 -28-07 DeptJContact Received From: Slha= Oyler Date Completed: 4 -2-07 Sent to: Shaw By: April Wafter Company /Person required to have certificate: Hiticiva Contracting Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Interstate Fie & Casualty Company B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What Is tmt provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must Include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? 2mi1 asS/1 nid occ ® Yes ❑ No !a ■ ■ � NOTIFICATION OF CANCELLATION: Although there Is a provison that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Safeco Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 U11): What is limits provided? 1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is tl Included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ 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 aceepi the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Ina Fund B. AM BEST RATING (A: VII or greater): Not rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability: Ins. Co. not admitted. Auto: Additional insured endorsement missing. Hillcrest Contracting Oyler, Shauna From: April Walker [AWalker @bbsocal.com] Sent: Monday, April 02, 2007 3:00 PM To: Oyler, Shauna Subject: RE: Hillcrest Contracting Hi Shauna, The Auto additional insured endorsement is okay. AprfWalker, CIC Sr. Account Manager Brown & Brown of California, Inc. P.O. Box 6989 Orange, CA 92863 Direct Phone # 714 -221 -1813 Fax: 714-221-4196 License #0785279 Page 1 of 1 NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Oyler, Shauna [mailto:SOyler @city.newport- beach.ca.us] Sent: Monday, April 02, 2007 2:29 PM To: April Walker Subject: Hillcrest Contracting The insurance company just sent the attached Auto endorsement. Does it meet with your approval? <<0225_001.pdf>> 04/02/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD CONTRACT NO. 3655 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. 3655 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 3. Lump Sum Mobilization @ Dollars and Cents $ 4 Per Lump Sum Lump Sum Traffic Control @ Sixi!sr,) 7�sAxYiDollars and Cents $ (� Per Lump Sum Lump Sum Water Pollution Control Program and Erosion Control i#7g v j Dollars and Cents $ Per Lump Sum PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Clearing and Grubbing @Dollars and D� -� �P..N.. Cents - � $ pCGZ d� Per Lump Sum 5. Lump Sum SaWGut and Remove Existing Improvements Dollars and Ze.W Cents $2/�c30d•0 Per Lump Sum 6. 400 M3 Slope and Parkway Grading (Cut) @ 77h& a Dollars and 01sizn Cents $ Per Cubic Meter 7. 2,250 M3 Slope and Parkway Grading (Fill) @ 77*9:7� — 7Zb Dollars and 37" o Cents Per Cubic Meter 8. 4.8 M Construct 675 MM RCP Storm Drain Pipe � @ �a Dollars and 2C2o Cents $ •r7U $ d_ Per Linear Meter 9. 1 Ea. - Construct Reinforced Concrete (RC) Collar @ Dollars and ZC�y Cents $ /, p ,rd Per Each PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 173 M Construct Shotcrete Drainage Ditch @ i �qe, Dollars Cents $ Per Linear Meter 11. 10.8 M/T Construct Headwall, Wingwalls, Retaining Wall, Gutter and Drainage Slab @ xo e-eee' Dollars and -2-eep Cents $ / bD.w $ Per Metric Tonne 12. 1 Ea. Construct Storm Drain Junction Structure Dollars and Cents $ --5ftW $ S'ct&cv Per Each 13. 1 Ea. Construct 6.1 Meter Curb Drain Inlet and P.C.C. Gutter Depression Dollars Cents Per Each 14. 1 Ea. Construct 1.067 Meter Curb Drain Inlet and P.C.C. Gutter Depression (cilslX /s7�`4IIr^ Dollars and Cents Per Each PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 21 M Construct 450 MM Reinforced Concrete Pipe (RCP) Storm Drain @ fj]� `1'►' c'�Dollars and -.144 v Cents $ ��'� $ ' Per Linear Meter 16. 365 M3 Roadway Excavation @_7?.ASg77i- 77A5j: Dollars and Cents $ 23 oU $ MIS.W Per Cubic Meter 17. 330 M3 Construct 509 MM Thick Class 2 Aggregate Base @ t>V6 1!9tJit FeGO Dollars and X90 Cents $ too. c7D $ .33e cD. � Per Cubic Meter 18. 218 M Construct P.C.C. Curb baand Gutter (cr7o„!6 /rEria ap �" - D611ars and ZlEe-0 Cents $ /00. $ Z6. /40,X Per Linear Meter 19. 41 Mz Construct 100 MM Thick P.C.C. Sidewalk @ ,�,W, =5 7ZJ6 Dollars and z6P_0 Cents $ Zdz, 60 $ 6 64� 00 Per Square Meter 20. 2 Ea. Construct P.C.C. Curb Ramp and 45Ro Cents Per Each EJWJFVRWOO a• � PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21 22. 23. 24. 25. � Ill 1 Ea 1 Ea Construct 305 MM Thick A.C. Pavement @ OA)6 Dollars and Cents $ cc, 00 Per Metric Tonne Reset Survey Monument @ etl in/6 hf/nraAW Dollars and 96e0 Cents Per Each Set Monitoring Well Cover to Grade $ 'f 4 d6D. L77 @A)di g IkAIAQ64 Dollars and 16Ee& Cents $ $ 9c -oy Per Each 1 Ea. Relocate Existing Sign @ ° �% Dollars and r Cents Per Each 1 Ea. Remove, Relocate and Install Traffic Signal System $ .C37J -av @ Dollars and Cents $ ffiw%OJ $iUt� Per Each 26. 18 Ea. Install Traffic Signal Detector Loop @ .NJ6!K��Dollars and 2 L°2r/ Cents $ ?ail %U 0 $ Per Each P.R6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0A W 29. 30 Lump Sum Lump Sum 3,600 M2 275 MZ Traffic Stripling L @�/tA%Z7lx Dollars and 04foeo Cents $ 9000- d0 Per Lump Sum Install Temporary Irrigation System @�.fdDollars and 35;vrz� -vv G Cents $ 3S oov . dJ Per Lump Sum California Meadow Sedge Grass Erosion Control Planting @ Y-O f Dollars and Cents $ LIS 0o $ � 40.Oi Per Square Meter California Native Cat -Tall Planting in Special Planting Area Dollars and o'er Cents Per Square Meter 31. Lump Sum Construction Surveying @-5,X -174e1s4ag Dollars and 12-rze-6 Cents Per Lump Sum $� o. L) C) $ 74/ '�SV. (J'r -_ir ice. PR7of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS March 12, 2007 Date 9511273 -9600 9511273 -9608 Bidder's Telephone and Fax Numbers 471664 A Bidder's License No(s). and .Classiffeation(s) jorry@hilIc.restcontracting.com Bidder's E -mail Address Total Price (Figures) HILLCREST CONTRACTING, INC. Bidder Bidder's Authorized Signature and Title GLENN J. SALSBURY, PRESIDENT 1467 Cir. City Dr., Corona, CA 92879 -1668 Bidder's Address Last saved by srociKs02l07I2007 11:03 AM f: WSersVbvAsharedlcontractstrnasterslNEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD.doc License Detail Page 1 of 3 License Detail CALI_FQRNIA CONTRACTORS STATE_LICENU BOARD Contractor License # 471664 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071 17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 03/13/2007 * * * Business Information * * * HILLCREST CONTRACTING INC P O BOX 1898 CORONA, CA 92878 -1898 Business Phone Number: (909) 273 -9600 Entity: Corporation Issue Date: 04/0411985 Expire Date: 04/30/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. http: / /www2.cslb.ca.gov/CSLB LIBRARY/License+Detail.asp 03/13/2007 License Detail Page 2 of 3 * * * Additional Status Information * * * The renewal application has been received but not yet processed. * * * Classifications * * * Class Description 0 GENERAL. ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 08560240 in the amount of $12,500 with the bonding company FIDELITY AND DEPOSIT COMPANY..OF..MARY _ ND. Effective Date: 01/01/2007 Contractor's_Bonding Histo BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) GLENN JASON SALSBURY certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 04/04/1985 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 713 - 0006691 Effective Date: 12/19/2000 Expire Date: 10/01/2007 Workers Compensation History Personnel List http: / /www2.eslb.ca.gov /CSLB LIBRARY /License+Detail.asp 03/13/2007 California Business Search Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2,114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorl)Numher= CI269023 &printer —yes 03/13/2007 Corporation HiLLCREST CONTRACTING, INC. Number: C1269023 Date Filed: 2%25/1985 Status: active Jurisdiction: California Address P.O. BOX 1898 CORONA, CA 91718 -1898 Agent for Service of Process GLENN J. SALSBURY 1467 CIRCLE CITY DRIVE 11CORONA, CA 91719 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2,114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorl)Numher= CI269023 &printer —yes 03/13/2007 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD CONTRACT NO. 3655 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-2 PROTECTION 5-7 ADJUSTMENT TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 1 1 2 7 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours and Barricades 7 -10.4 Safety 7- 10.4 -1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents and Temp Parking Permits 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT AND CONCRETE 201 -1.1.2 Concrete Specified by Class SECTION 214 PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS PART 3 - -- CONSTRUCTION METHODS 4 4 5 5 5 5 5 5 5 5 6 6 6 6 6 7 7 7 7 8 8 8 8 8 8 8 8 8 8 SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.3.2 Requirements 9 300 -1.5 Solid Waste Diversion 9 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 9 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 9 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing 9 303 -5.5.2 Curb 10 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 10 400 -2 UNTREATED BASE MATERIAL 10 400 -2.1 General 10 400 -2.1.1 Requirements 10 APPENDIX A NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD SPECIFICATIONS APPENDIX B CALTRANS PERMIT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL RVMU CONTRACT NO. 3655 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Caltrans Special Provisions; (2) these City of Newport Beach Special Provisions; (3) the Plans (Drawing NOs. R- 5851 -S & M- 5381 -S); (4) Standard Specifications for Public Works Construction (2001 edition), including supplements. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removal of asphalt concrete pavement, base rock, curb, gutter, sidewalk, catch basin, storm drain, manholes, soil, landscaping, irrigation, traffic signals, signing, and striping, and other work as necessary; and the protection of fencing, monitoring wells, landscaping, irrigation, water line, existing utilities, and other items as necessary; and the construction of roadway excavation, slope excavation and grading, shotcrete drainage ditch, curb, gutter, sidewalk, catch basins, storm drains, storm drain manholes, subgrade preparation, base rock, asphalt paving, setting utility covers to grade, landscaping, irrigation, traffic signals, traffic signal loop detectors, traffic signing, traffic striping and markings; along with other items as needed for such alterations, extra work, increases or decreases in quantities, and final cleaning up." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilizelfollow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The Design Surveyor for this project is Coast Surveying and can be SP2OF10 contacted at (714) 918 -6266. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County S.urveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Comer 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. SP3OF10 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed. No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. 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 SP4OF10 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 Forty-Five 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 1S` 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`h the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24h, (Christmas Eve — half day), December 25th (Christmas), and December 31St (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 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his /her 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, Contractor shall first obtain special written permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 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 $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the 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 $950.00. SP5OF10 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $950.00 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 businesses, Hoag Hospital, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required." 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control. Add to this section: "Contractor shall furnish and operate a self loading sweeper with spray nozzles at the end of every construction day." 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, Contractor shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.6.1 Best Management Practices and Monitoring Program. The contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The Contractor shall monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to contain runoff will result in immediate cleanup by City Forces and the back charging of the contractor for all costs plus 15 percent. SP6OF10 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." 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 alley. 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 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 i ium of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall schedule his work in order to minimize the inconvenience to the public." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons . and property during performance of the work, and the Contractor shall fully comply with SP7OF10 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 Businesses and Hoag Hospital. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent businesses within 500 feet of the project, and Hoag Hospital, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent businesses and Hoag Hospital 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 SP8OF10 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. See Section 100.65 of the Caltrans specifications for items of work pertain to the bid items included within the Proposal, Appendix A. 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 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." SP 9 OF 10 SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces." 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. 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." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1-% inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION SP 10 OF 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." PART 4 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base or better as the base materials." FAUsers\PBMShared\Contracts \FY 0"ANewport Blvd Rt Turn Lane C- 3655 \Bid and Construction Items \SPECS C3655.doc NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITIAL ROAD SPECIFICATIONS 100 SPECIAL PROVISIONS 100.1 PROJECT: NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD. 100.2 PROJECT LOCATION: The project is located along the west side of Newport Boulevard at the northwest comer of Newport Boulevard and Hospital Road in the City of Newport Beach, California. 1003 DAVIS BACON ACT PROVISIONS: Not Applicable. 100.4 STANDARD SPECIFICATIONS: All work embraced herein, except as otherwise noted, shall be accomplished in accordance with the applicable portions of Caltrans "Standard Specifications" latest edition, and Caltrans "Standard Plans" latest edition, which shall hereinafter be referred to as the "Standard Specifications" and the "Standard Plans ", or "Caltrans Standard Specifications" and "Caltrans Standard Plans ". Sections 1 through 9 inclusive of Caltrans Standard Specifications shall be deleted and substituted in their place shall be Sections 1 through 9 inclusive of the "Greenbook" Standard Specifications for Public Works Construction ". latest edition. The Contractor is required to comply with the Standard Specifications and the Standard Plans in addition to the requirements set forth in the Special Provisions, the Plans, specific project provisions, the City of Newport Beach Standard Special Provisions and Standard Drawings, (all latest editions), and the other contract documents. In case of a conflict between the Standard Specifications and the Special Provisions and other specific documents noted as set forth herein, the Special Provisions and other specific documents as noted shall take precedence over and be used in lieu of the conflicting provision(s). "Specifications" as used in the contract documents refers to the Standard Specifications as well as the Special Provisions. In addition to the above, the Contractor shall comply with the requirements of the following "contract documents ": Notice Inviting Sealed Bids Instructions to Bidders Proposal and Bid Sheet Contractor's Industrial Safety Record Non - Collusion Affidavit List of Sub Contractors Bid Security Forms Addenda to Contract Documents distributed prior to the bid opening Insurance Requirements for the City Workers Compensation Certification and Certificate of Insurance Warranty Bond (as applicable) Project Drawings Standard Drawings Applicable permits, notices and affidavits Applicable addenda or supplemental agreements General Provisions and Special Provisions Bid Bond Information Required of Bidders Agreement Faithful Performance Bond Payment (Labor and Material) Bond Contract Statement Acknowledging Penal and Civil Penalties 100.5 DEFINITION OF TERMS: Wherever in the "Standard Specifications" terms are used, they shall be understood to mean and refer to the following: Agency & Owner - City of Newport Beach Board - City Council, City of Newport Beach Engineer - The Director of Public Works, acting either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. 100.6 PROJECT DRAWINGS: The location of the work, its general nature, extent, form and detail of the various features are listed as a part of these specifications and attached hereto. 100.7 SCOPE OF WORK: The work in general consists of the removal of asphalt concrete pavement, base rock, curb, gutter, sidewalk, catch basin, storm drain, manholes, soil, landscaping, irrigation, traffic signals, signing, and striping, and other work as necessary; and the protection of fencing, monitoring wells, landscaping, irrigation, water line, existing utilities, and other items as necessary; and the construction of roadway excavation, slope excavation and grading, shotcrete drainage ditch, curb, gutter, sidewalk, catch basins, storm drains, storm drain headwall and wingwalls, storm drain manholes, subgrade preparation, base rock, asphalt paving, setting utility covers to grade, landscaping, irrigation, traffic signals, traffic signal loop detectors, Page 1 of 21 traffic signing, traffic striping and markings; along with other items as needed such as alterations, extra work, increases or decreases in quantities, and final cleaning up. The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary for the proper construction and completion of this project in accordance with these contract documents. 100.8 OUTSIDE WORK: The Contractor shall perform no outside or private work utilizing materials from the City's Contract. 100.9 CONTRACT TIME: The Contractor shall complete the work within 45 working days from the date specified within the Notice to Proceed. Working Days will be counted from the date of the Notice to Proceed. 100.10 TIME OF WORK: work shall only be performed between the hours of 7:00 a.m. and 4:30 p.m. unless otherwise approved by the Engineer. 100.11 REQUEST FOR WORKING DAYS: The Contractor shall notify the Director of Public Works separately in writing within 7 calendar days after the occurrence of a delay, when the Contractor believes that it is entitled to an additional working day per any day the Contractor is prevented from working at the beginning of the workday, for cause per Section 8 of Caltrans Standard Specifications, or any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause per Section 8 of Caltrans Standard Specifications. The Contractor's failure to give written notice in the time period specified above shall constitute a waiver of all claims for an additional work day, whether direct or consequential in nature and that day will be counted as a working day. Upon receipt of the Contractor's written request, the Director of Public Works will then make a determination of whether the day or days the Contractor is requesting shall be counted as working days. 100.12 LIQUIDATED DAMAGES: The amount of liquidated damages for this project is $950 per calendar day. 100.13 FAILURE TO MEET CONSTRUCTION SCHEDULE: Failure of the Contractor to meet and complete his schedule due to conditions under his control, once a street has been posted, and the aforesaid time provisions for changes in the schedule have elapsed, will result in damages being sustained by the City. Such damages are and will continue to be, impractical and extremely difficult to determine. For each occurrence, the Contractor shall pay to the City, or have monies due him deducted, the sum of $100. 100.14 CONFERENCE: The Contractor shall arrange a pre- construction meeting with the Engineer that will be held a minimum of five working days prior to commencement of any work. No meeting will be held unless the Contractor has already submitted a draft construction schedule. At the meeting, the City will designate its project manager /administrator as its authorized project representative. The designated Contractor's Superintendent, Contractor's Project Manager and representatives from each of the subcontractors shall attend the meeting. At the pre-construction conference, the Contractor shall submit, including but not limited to, the following items: Designation of the Contractor's Superintendent and Project Manager, Contractor's Emergency Numbers and Contact Persons for After Work Hours, Notice to Residents, Contractor's Phone Number for Resident Complaints Initial Traffic Control Plans, Safety Program, Preliminary Construction Schedule, Striping Inventory, and Proposed Equipment List. The Contractor shall have his equipment available for inspection by the Engineer at the time of the pre - construction meeting. 100.15 CONTRACTOR'S PROJECT MANAGER: The Contractor shall designate in writing and keep available during its process a competent, technically qualified project manager, who shall not be replaced without written notice to the Engineer except under extraordinary circumstances. The Contractor's project manager shall be responsible for overall administration and coordination of the work, including but not limited to processing of schedules, discussion of change orders and extra work and coordination and distribution of the Daily Reports. The Engineer shall have the right, at any time, to direct a change in the Contractor's project manager, if the performance is unsatisfactory, as determined by the Engineer, in its sole discretion. Page 2 of 21 100.16 CONTRACTOR'S EMERGENCY NUMBERS: The Contractor shall keep the names and telephone numbers of the responsible persons in the employ of the Contractor who may be contacted at nights and on weekends by the City when problems related to construction occur, and such designated persons shall have full authority to act as the agent of the Contractor and make any decisions that may be demanded by the situation. 100.17 CONSTRUCTION SCHEDULE: Within 5 calendar days of notification of award of the Contract, the Contractor shall prepare and submit for approval a schedule for accomplishing the work. Said schedule must show the dates of the expected start and completion of all the various items of the Contract work. The schedule shall also list all necessary preparatory work, vegetation removal, and street cleaning. The schedule shall be in the form of a Gant/Bar Chart or a Critical Path Method schedule and both shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, scheduling of equipment, procurement of materials. The construction schedule shall reflect completion of all work under the Contract within the specified time and in accordance with the contract documents. The Engineer must approve in advance any other work scheduled during the hours of school operation. The Contractor shall examine the City's trash schedule that is available for review at the General Services Department, and shall contact the trash company to advise them of the construction schedule. The Contractor shall not schedule work on any trash pickup day, unless trash collection is rescheduled as approved by the Engineer. The Contractor shall also contact affected residents, schools, and or businesses and make every effort to lessen the impact of its construction operations upon them. Said schedule and maps shall be subject to the review and approval of the Engineer. No work shall be done until the Engineer and the Contractor have agreed to the schedule to be followed by the Contractor. During the conference between the Contractor and the Engineer, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the work schedule agreed upon during the scheduling conference, every effort will be made to permit a new work schedule at the time most convenient to the Contractor, thus permitting the project to proceed with the shortest intramural movement of the equipment. The Contractor shall submit requests for changes in the schedule in writing to the Engineer for approval. The cost for furnishing the schedule and any related item for its completion shall be considered as included in the bid price paid for the various contract items of work and no additional compensation will be made therefore. 100.18 NOTICE TO PROCEED: Upon award of this contract and signing the contract documents, the Engineer will issue the Contractor a Notice to Proceed. Contract time accrues from the date specified in the Notice to Proceed but the Contractor must commence within 15 calendar days of the date specified in the Notice to Proceed. The City will not authorize any work to be done under these Specifications before the Contract has been fully executed, and any work that is done by the Contractor in advance of such time shall be considered as being done at his own risk and responsibility, and as a consequence will be subject to rejection by not having been done in the presence of an Engineer or Inspector as provided in Section 2- 10 of the Standard Specifications. In the event that the Director of Public Works shall be of the opinion that the work is being inadequately or improperly executed in any respect, he/she may demand that the Contractor improve or change the execution of the work in such manner as to assure proper and timely completion. All work which is defective in its construction or deficient in any of the requirements of these Special Provisions shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Agency and no compensation will be allowed for such correction. Upon failure on the part of the Contractor to comply forthwith with any order of the Director of Public Works makes under the provisions of these contract documents, the Director of Public Works shall have authority to cause defective work to be removed and replaced and deduct the costs thereof from any monies due or to become due to the Contractor. Page 3 of 21 100.19 UTILITIES: It is anticipated that these existing utilities will not interfere with the Contractor's construction operations. However, it shall be the responsibility of the Contractor to determine the true location of any existing utilities and exercise due care to ensure that these utility facilities are not damaged during his operations. The Contractor shall contact the affected utility companies for information regarding identification, location, and depth of underground utilities. Underground Service Alert (USA): (800) 4224133 Engineering and Inspection: City of Newport Beach(949)644 -3311 Sanitary Sewers: City of Newport Beach (949) 644 -3011 Traffic Signals: City of Newport Beach (949) 644 -3311 Water: City of Newport Beach (949) 644 -3011 Electrical Services: Southern California Edison, 7333 Bolsa Avenue, Westminster CA 92646, (714) 835 -3833 Telephone Service: SBC, 1265 N. Van Buren, Rol 180, Anaheim CA 92807, (310) 437 -0111 Gas Service: Southern California Gas Company, P.O. Box 3334, Anaheim CA 92803, (714) 538 -0211 Trash Service: City of Newport Beach General Services, (949) 644 -3055 Cable Service: Adelphia Cable TV, (714) 542 -6222 State Highway Facilities: CALTRANS, 3347 Michelson Dr., Suite 100, Irvine CA 92612, (949) 724 -2174 Sewer Transmission Mains: Orange County Sanitation District, PO BOX 8127, Fountain Valley CA 92728, (714) 962 -2411 Selected Sturm Drain Facilities: County of Orange, EMA, 300 N. Flower, Santa Ana, CA 92705, (714) 834 -2300 100.20 UTILITY NOTIFICATION: All underground utility companies must be notified at least 48 hours in advance prior to construction. 100.21 UNDERGROUND SERVICE ALERT NOTIFICATION: The contractor shall notify Underground Service Alert (USA) at least 7 days prior to any excavation work and shall not perform any excavation work until all utilities have responded and marked their utility locations at the excavation site. Underground Service Alert (USA): (800) 422-4133 100.22 OCCUPANT / OWNER NOTIFICATION: The Contractor shall give written and reasonable notice to occupants or owners of property adjacent to the construction site at least 48 hours prior to the beginning of construction in their respective areas. The notification shall include the date and time of street closures, parking and traffic access information and requirements, altered postal delivery times, and precautionary information regarding the work A copy of all notifications shall be submitted to the Director of Public Works for approval. At least 4 Calendar Days in advance of street closures, all emergency services, public transportation services, garbage collections services, and school bus services shall be notified by the Contractor in writing of the locations, time and date of the closure. In case of schedule changes, the emergency services, etc., shall be notified by telephone at least 2 days in advance of the street closure. Newport Beach Police Department: 870 Santa Barbara Dr., Newport Beach, CA 92660, (949) 644 -3717 Orange County Fire District: (714) 538 -3501 Transit OCTA: (714) 560 -6282 City of Newport Beach: 3300 Newport Blvd., P.O. Box 1768, Newport Beach, CA 92658 -8915, (949) 644 -3344 School District: Newport Unified Mesa School District, (714) 424 -5000 100.23 NOTICE REQUIREMENTS: Based upon the schedule, the Contractor shall distribute to each residence, business, and school a written notice a minimum of 48 hours prior to commencing any construction that will affect access or restrict on- street parking adjacent to that property. The notification shall include the date and time of street closures, parking and traffic access information and requirements, altered postal delivery times, and precautionary information regarding the work. The Contractor shall have the responsibility for contacting the property manager or owner if he cannot gain access. The Contractor shall post streets scheduled for Monday or Tuesday on the prior Thursday. The notice shall state in written words, the day and the date and approximate time construction will begin and the Contractor's phone number. If for any reason the scheduled construction activities must be revised, then the Contractor shall be responsible for re- notification of all affected property owners. A copy of all notifications shall be submitted to the Engineer for approval. Page 4 of 21 If the Contractor requests a sample notice, the City will provide one at no cost to the Contractor. The Contractor shall submit his/her own notice for prior approval of the Engineer at the pre - construction conference. It shall be the Contractor's responsibility to complete the Notification letter with the proper dates at the time of notification. Should the Contractor fail to meet the notified schedule, the Contractor shall re-notify the Residents within 24 hours. The Contractor shall be responsible for furnishing, posting and removing appropriate signage along all routes affected by the work. Signs shall be posted at all intersections, at end of cul -de -sac streets, and on each side of the street a maximum of 200 feet between signs. Signs may be attached to existing poles, parkway trees, or whatever is existing in the public right -of -way except streetlights. When necessary, the Contractor shall furnish posts. Should the Contractor fail to pickup signs either after the work is complete or after the Contractor has failed to meet the schedule, the Contractor shall be charged a penalty of $50 per sign left in the public right of way. Said monies will be deducted from any monies due or to become due to the Contractor. The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the projects as specified in Section 7 -10 of the "Greenbook" Standard Specifications for Public Works Construction, 2000 Edition, or as directed by the Director of Public Works. 100.24 OTHER NOTIFICATION: At least 4 Calendar Days in advance of street closures, all emergency services, public transportation services, garbage collections services, and school bus services shall be notified by the Contractor in writing of the locations, time and date of the closure. In case of schedule changes, the emergency services, etc., shall be notified by telephone at least 2 days in advance of the street closure. 100.25 ACCESS TO DRIVEWAYS: In the case of work requiring excavation of the roadway that may interfere with the use by residents or businesses of their driveways, the Contractor shall notify in writing residents of property adjoining the location of the work at least 48 hours before the start of construction on that street that their driveway may be temporarily be blocked. The notice shall indicate the approximate length of time the driveway may be blocked and what provisions the Contractor is providing to allow alternate access if any. The Contractor shall provide access to each residential or commercial establishment each evening. Efforts shall be made by the Contractor to minimize the duration of said blocking. The Contractor is responsible for posting "temporary no- parking" signs at least 48 hours before using the parking lane for construction purposes. 100.26 PUBLIC CONVENIENCE AND SAFETY: Attention is directed to Section 7 -10 of the "Greenbook" Standard Specifications for Public Works Construction, 2000 Edition and the Manual of Warning Signs, Lights and Devices for Use in Performing Work Upon Highways, published by the California Department of Transportation. Full compensation for conforming to the requirements of Section 7 -10 of the "Greenbook" Standard Specifications for Public Works Construction, 2000 Edition, the above referenced CALTRANS Manual and these Special Provisions not otherwise provided for, shall he considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore. 100.27 PUBLIC CONVENIENCE AND TRAFFIC CONTROL: The Contractor shall make every possible effort to coordinate with the school and public transit for reasonable access around the construction area and for methods of egress and ingress into the areas. The Contractor shall be responsible for furnishing, posting and removing appropriate signage along all routes affected by the work. Signs shall be posted at all intersections, at end of cul-de -sac streets, and on each side of the street a maximum of 200 feet between signs. Signs may be attached to existing poles, parkway trees, or whatever is existing in the public right -of -way except street lights. When necessary, the Contractor shall furnish posts. The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the projects as specified in Section 7 -10 of the "Greenbook" Standard Specifications for Public Works Construction, 2000, or as directed by the Director of Public Works. On major streets, traffic maintenance shall conform to the provisions in Section 7 -10 of the "Greenbook" Standard Specifications for Public Works Construction, 2000. Emergency vehicles shall be Page 5 of 21 permitted to pass through the work area without delay at all times. Emergency vehicles shall be permitted to pass through the work area without delay at all times. 100.28 WARNING AND PROTECTION DEVICES: The Contractor will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers and flagmen where needed, and other necessary facilities in the vicinity of the construction area and where any dangerous conditions may be encountered as a result thereof, for the protection of the motoring public. The Contractor will not be allowed to proceed with the work until such time that a sufficient number of these protection devices have been delivered to the project site. Where parked vehicles are likely to interfere with the proposed work, the Contractor will supply and post at no less than 200' intervals on each side of the street "Temporary No Parking" signs 48 hours before the start of construction and to report the time of posting to the Police Department for the purpose of establishing "Tow Away" provisions. The Contractor shall be responsible for the removal of the temporary signs upon the completion of the work. Should the Contractor appear neglectful or negligent in furnishing warning and protection devices as outlined above, the Engineer may direct attention to the existence of a hazard and the necessity of additional or different measures that shall be furnished and installed by the Contractor at his own expense, free of any cost to the City. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the Engineer shall direct City forces to provide the necessary protective and warning devices as deemed appropriate by the Engineer. The cost accrued by the City in connection therewith will be deducted from the Contractor's contract payment. Any action or inaction on the part of the Agency in directing attention to the inadequacy of warning and protective measures or in providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices. 100.29 CONTRACTOR'S DAILY REPORTS: The Contractor shall complete consecutively numbered daily reports indicating manpower and narrative description of work performed, serviceable major equipment in use, serviceable major equipment idled, serviceable major equipment down for repairs, sub - contractors working at site, weather conditions, and date. The daily report shall be completed on forms prepared by the Contractor and acceptable to the Engineer, and shall be submitted at the conclusion of each working day. The forms will be discussed at the pre - construction conference. The City will provide a sample format for the daily report at the pre - construction conference. The Contractor shall distribute copies to the Construction Observers and the Engineer or his authorized representative at either the conclusion of each working day or prior to the start of work the next day. No progress payments will be processed or made to the Contractor unless all daily reports are completed to the date of submittal of application for payment. 100.30 CONSTRUCTION YARD: It shall be the Contractor's responsibility to locate storage sites for materials and equipment needed. Storage sites located on either public or private property must be approved in advance by the Engineer. If permission is given to use a City site, the Contractor shall repair any damage as a result of his operations and any repairs will restore the site to new and not pre- existing conditions. When storage sites are to be on located upon private property, the Contractor shall submit to the Engineer or his authorized representative, written approval from the record owner authorizing the use of the property by the Contractor. The Contractor shall contact the Engineer to determine if the using the site as a stockpile area is allowable. After the project is complete, the Contractor shall supply a written release signed by the owner of record that said property has been satisfactorily restored in order to provide assurance to the City that no later property owner claims will be filed by residents whose property has allegedly damaged by the Contractor and not repaired to their satisfaction. The City will provide the Contractor with a sample release form 100.31 FURNISHING AND APPLYING WATER: The Contractor shall make provisions for water necessary for construction, backfill consolidation, and cleanup. Furnishing and applying water shall be considered as included in the bid price paid for the various contract items of work requiring such water and no additional compensation will be made therefore. Page 6 of 21 100.32 COMPACTION TESTS: The City shall provide compaction tests at periodic intervals to ascertain conformance with the specifications. The number of tests and their locations and depths will be as determined by the Engineer. The Contractor shall, as directed by the Engineer, make all excavations, and subsequent backfill and compaction, required to perform the compaction tests. Subgrade and base material for street construction shall be compacted to a relative compaction of 95 %. 100.33 TESTING LABORATORIES: All required materials testing will be arranged for by the City. The cost of materials testing shall be bome by the City. The cost for any re- testing as a result of the Contractor's failure to meet the requirements of these specifications shall be charged to the Contractor and withheld from final payment. 100.34 MATERIALS: The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. 100.35 SELECTED MATERIALS: Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation. 100.36 PORTLAND CEMENT CONCRETE IMPROVEMENTS: Unless otherwise noted all Portland Portland Cement Concrete foundations shall be constructed in accordance with Sections 86 -2.03 of the Caltrans Standard Specifications, unless otherwise specified in the Special Provisions. All excavation, clearing and grubbing shall be performed in accordance per Sections 86-2 and 16 -1 of Caltrans Standard Specifications. Erosion bars that qualify for removal shall be replaced. Payment shall be included in the price for the various items of work and no additional compensation shall be allowed therefore. Unless other wise noted Portland cement concrete improvements shall be constructed in accordance with Section 90 of Caltrans Standard Specifications except that Portland cement concrete preparation shall conform to the "Green Book' Standard Specifications for Public Works Construction 2000 Edition and shall be Class 560 -C -3250 with the maximum slump of 101.6 millimeters. The certified tickets accompanying each batch of ready -mix concrete delivered to the job site shall clearly show the 'class designation" of the specified concrete mix in addition to the requirements of Section 90-1 of the CALTRANS Standard Specifications. The lump sum price bid for the various locations of work shall include all cost of sub grade preparation and excavation, famishing and compacting of backfill material for structures and placement of sand bedding as required by these Specifications. Unless otherwise noted curing shall conform to Sections 90 -7.01 of Caltrans Standard Specifications. The Contractor is required to saw cut all concrete pavement full depth. All saw cuts shall be neat, straight lines. The construction of any improvement in place shall mean that in addition to the requirements under Section 86 -2.01 of Caltrans Standard Specifications, relating to "Backfilling" the Contractor shall be responsible for backfilling the excavation area for the purpose of setting forms. Said backfill shall be considered part of the contract unit bid price for controller complete in place and no further compensation shall be paid therefore. Said backfill shall be done immediately following the removal of forms. 10037 CONCRETE REINFORCEMENT: The Contractor shall place reinforcement in conformance with Section 52 -1 of Caltrans Standards Specifications and project plans. The contractor shall submit reinforcing steel shop drawings to the Engineer for review. 10038 MISC. WALLS AND OTHER FEATURES: The Contractor shall be responsible for preserving and/or replacement in kind of wall, planters, or other features of private and City property for any work of this contract. For any features that the Contractor disturbs, the Contractor shall replace said features in like and kind. 100.39 SIGNS: The Contractor shall replace or reinstall any existing sign that may interfere with the Contractor's operation or prosecution of the work in accordance with these contract documents. Full compensation for any removal, reinstallation, or total replacement of signs not otherwise indicated shall be included in the various items of work and no additional compensation will be allowed. Page 7of21 100.40 EXISTING IRRIGATION SYSTEMS: Any irrigation system damaged during the contract shall be repaired by the Contractor in accordance with Section 20 -5 of Caltrans Standard Specifications at no additional cost to the City. The repair shall be completed as soon as possible, but in no case later than 48 hours after notification of the damage. If not completed within said limit, the City shall have the authority to complete such work and deduct cost plus 15% administration thereof from any moneys due or to become due to the Contractor. The Contractor shall be responsible for any damages including, but no limited to, flooding and death of surrounding landscaping. The cost of irrigation repair or replacement shall be considered part of the contract bid price for the various items bid and no additional compensation will be allowed therefore. 100.41 TEMPORARY DRAINAGE MEASURES: The Contractor shall provide temporary drainage measures and erosion control for the duration of construction. The Contractor's plans for the temporary drainage measures and erosion control shall be reviewed and signed by a licensed civil engineer. The plans sball take into consideration any necessary mitigation measures for inclement weather and seasonal changes. Plans for temporary drainage measures shall be submitted to the Engineer for approval at the pre - construction conference. Full compensation for meeting any of the requirements of this section and construction of any needed temporary drainage measures shall be considered as included in the prices for the various contract items of work and no additional compensation will be allowed therefore. 100.42 REPAIRS AND UTILITY COMPANIES: It is the Contractor's responsibility to notify and coordinate with any utility company all work needed to be performed by the utility company for the Contractor to complete its work. Attention is directed to any location where pull boxes will need to be raised to match the level of the concrete improvements. 100.43 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which is defective in its construction or deficient in any of the requirements of these Special Provisions shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Engineer and no compensation will be allowed for such correction. The minimum length for removal and replacement of unsatisfactory work shall be ten feet (10) for curb and gutter as required by the Engineer. Sawcutting is required for all removals of defective concrete work at no additional cost. Upon failure on the part of the Contractor to comply forthwith with any order the Engineer makes under the provisions of this section, the Engineer shall have authority to cause defective work to be removed and replaced and deduct the costs thereof from any monies due or to become due to the Contractor. 100.44 SURPLUS MATERIALS: The Contractor shall furnish written consent from the owner of the property where it is intended to dispose of the surplus material. Surplus excavation shall become the property of the Contractor. 100.45 CLEANUP: Contractor shall cleanup and remove all debris, equipment and material from the construction site in conformance with Section 7 —9 of the Standard Specifications and these Special Provisions During all phases of construction, the Contractor shall maintain a clean work site; the Contractor shall be responsible for the removal and disposal of all concrete, asphalt, tree roots, and any other debris resulting from the work performed. All unsuitable and surplus material shall become the property of the Contractor and shall be removed from the project site by the Contractor. Full compensation for cleanup shall be considered as included in the prices for the various contract items and no addition compensation will be made therefore. 100A6 MEASUREMENT AND PAYMENT: The Cost of all work as described in these contract documents shall be included in contract unit prices bid for the various items of work requiring such work, and no additional compensation will be allowed. 100.47 CONTRACTOR'S REQUEST FOR FINAL INSPECTION: When the Contractor believes all the contract work is complete in all parts and requirements, the Contractor shall notify the Engineer in writing through a certificate of completion form. This form will be provided to the Contractor at the pre - construction conference. Page 8 of 21 100.48 BACKFILLING: All backfilling shall conform to Section 19 of Caltrans Standard Specifications dated July 1999. Pending or jetting methods of backfilling are prohibited. 100.49 SLURRY CEMENT: Slurry cement backfill, if used shall be in accordance with Section 19- 3.062, Caltrans Standard Specifications, dated July, 1999. Slurry cement backfill shall not encroach into the existing structural section thickness of the roadway. 100.50 OPEN EXCAVATIONS: No excavation shall be left open after daylight hours, unless specifically authorized and adequate protection for traffic is provided in accordance with General Provisions, "Protection of Traffic." Backfill and pavement replacement shall be performed in accordance with General Provisions, "Restoration and Repairs in Rights of Way." 100.51 LIMITS OF EXCAVATION: No excavation is to be made closer than 10 feet (10') from the edge of the pavement except in curbed urban areas or as specified in the permit. Where no curb exists and excavations within 10 feet (10) of the traveled way are to remain open, a temporary type K railing shall be placed at a 20:1 taper or as otherwise directed by the Department. 100.52 JOINT SEALING: The join between the existing pavement and the new pavement shall be sealed per Caltrans Specifications. 100.53 SLOPES: Slope within State R/W have been designed, and shall conform to the requirements as set forth in Section 304.1 of the Caltrans Highway Design Manual and Section 19 -2.05 Caltrans Standard Specifications. 100.54 IMPORTED BORROW: Imported borrow to be used for future road widening shall be free of organic and any other deleterious materials, shall have a minimum R -Value of 40, and shall be tested for corrosive properties prior to placement. All imported borrow shall conform to Section 19 -7.02 Caltrans Department of Transportation, Standard Specifications, dated July, 2002. 100.55 FILLS AGAINST EXISTING SLOPES: All existing slopes against which new fills are to be placed shall be benched in accordance with Section 19 -6.01 "Placing" of the Caltrans Standard Specifications dated July, 1999. 100.56 IMPORTED MATERIAL: All imported materials within the upper 2 feet of the future roadway widening shall have an R -value of at least 40. 100.57 SOIL PROCESSING PRIOR TO FILL: Subsequent to clearing and grubbing, the upper 300mm of exposed subgrade shall be processed prior to fill placement. The processing shall include scarifying, drying and/or watering to optimum moisture content as necessary, and compacting in place with heavy construction equipment. Existing approach fill may remain in place and may be incorporated with proposed embankment. Excavated soils may be used as embankment fill if cleaned of deleterious matter and compacted in accordance with Caltrans Standard Specifications dated July, 1999. 100.58 EXCAVATION INTO NATIVE SOILS AND SEDIMENTS: If, during any excavation native soils or sediments are encountered the contractor shall immediately notify the City of Newport Beach of such native soil or sediments and shall provide a qualified archaeologist and paleontologist approved by the City of Newport Beach to be on call to respond to the excavation site in the event of an archeological or paleontology discovery. If a discovery is found the qualified archaeologist or paleontologist shall make recommendation to the City of Newport Beach and the City of Newport will advise the contractor as to what action is to be taken. 100.60 CUTRUAL REMAINS AND HUMAN REMAINS DISCOVERED DURING EXCAVATION OR CONSTRUCTION ACTIVITIES: The Contractor shall conform to the following requirements and shall make required notifications as noted below. If any cultural remains are discovered in or adjacent to Caltrans Right of Way during excavation and/or construction activities, all earth moving activity within and around the site area shall be diverted until a qualified Caltrans Archaeologist can assess the find. If human remains are discovered, State Health and safety Code Section 7050.5 states that disturbances and activities shall cease. The County Coroner must be notified of the fine immediately of the find immediately so that she/he may ascertain the origin and disposition, pursuant to Public Resources Code Section 5097.98. If the remains were determined to be prehistoric, then the coroner will notify the Native American Heritage Commission (NAHC) who will notify the Most Likely Descendent (MLD). The Page 9 of 21 MID may inspect the remains with the approval of the landowner or the authorized representative. The MLD must complete this inspection within 24 hours after notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis. 100.61 ILLICIT DISCHARGES INTO THE STORM DRAINS: The Contractor shall not allow any pollutants or non - stormwater run -off from its operation to enter the storm drain. 100.62 WATER POLLUTION CONTROL PROVISIONS, STORM WATER POLLUTION PREVENTION PLAN ( SWPPP), AND BEST MANAGEMENT PRACTICES: Contractor shall conform to the following requirements and shall prepare and obtain Caltrans approval of a Storm Water Pollution Prevention Plan ( SWPPP) prior to starting any work on the project. Any runoff draining into Caltrans Right of Way must fully conform to the current discharge requirements of the Regional Water Quality Control Board (RWQCB) to avoid impaction water quality. The Contractor (permittee) shall fully conform to the requirements of the Caltrans Statewide National Pollutant Discharge Elimination System ( NPDES) Storm Water Permit, Order No. 99-06 -DWQ, NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999, in addition to the BMPs (Best Management Practices) specified in the Caltrans Storm Water Management Plan (SWMP). When applicable, the Pemuttee shall also conform to the requirements of the General NPDES Permit for Construction Activities, Order No. 99 -08 -DWQ, NPDES No. CAS000002, and any subsequent General Permit in effect at the time of issuance of the Encroachment Permit. These permits regulate storm water and non -storm water discharges associated with year -round construction activities. Please note that project activities should pay extra attention to storm water pollution control during the "Rainy Season" (October I "— May I) and following the Water Pollution Control BMPs to minimize impact to receiving waters. Measures must be incorporated to contain all vehicle loads and avoid any tracking of materials, which may fall or blow into Caltrans Right of Way. For all projects resulting in 0.4 Hectares (1 acre) or more of soil disturbance or otherwise subject to the NPDES program, the Contractor shall develop, implement, and maintain a Storm Water Pollution Prevention Plan ( SWPPP) conforming to the requirements of the Caltrans Specification Section 1- LO1G "Water Pollution Control ", the Department's Statewide NPDES Permit, the General NPDES Permit for Construction Activities, and the Storm Water Quality Handbooks "Storm Water Pollution Prevention Plan ( SWPPP) and Water pollution Control Program (WPCP) Preparation Manual ", and "Construction Site Best Management Practices (BMPs) Manual" effective November 2000, and subsequent revisions. In addition, the SWPPP must conform to the SWRCB Resolution No. 2001 -046, the Sampling and Analytical Procedures (SAP) Plan. For all projects resulting in less than 0.4 hectares (1 acre) of soil disturbance or not otherwise subject to the requirements of the NPDES program, the Contractor shall develop, implement, and maintain a Water Pollution Control Program (WPCP) conforming to the Department's Specifications Section 7- 1 -01G, (Water Pollution Control), and the Storm Water Quality Handbooks: "Storm Water Pollution Prevention Plan ( SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual" and "Construction Site Best Management Practices (BMPs) Manual" effective November 2000, and subsequent revisions. Copies of the Permits and the Construction Contractor's Guide and Specifications of the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520. Copies of the Permits and Handbook are also available for review at Caltrans District 12, 3347 Michelson Drive, Suite 100, Irvine, California 92612, Telephone: (949) 724- 2260. Electronic copies can be found at bttp// www. dot. ca .goy/he/construc /stormwater.h[ml The Contractor shall not allow any pollutants or non- storm water run -off from its operation to enter any storm drain. The contractor shall use BEST MANAGEMENT PRACTICES in completing the project including but not limited to the following: 1. No placement of materials such as soil, silt, other earthen materials where they could enter marine waters. 2. Checking construction vehicles for leaking fluids. 3. No fueling of vehicles near marine waters. 4. Monitor construction activities for turbidity (if turbidity exceeds set criteria, activities will be discontinued, criteria set by RWQCB). 5. Use of silt curtains to contain turbidity. Page 10 of 21 6. Passing of effluent from de- watering activities (if any) through silt curtains 7. Placement of floating boom to catch construction debris. 8. Removal of any construction related debris on a daily basis. 9. Protection of work areas from erosion. 10. Retrieval of any construction debris from the sea floor. 11. Prevention of water quality problems by avoiding the following from entering marine waters; litter, petroleum products, cleaning agents, wash down waters, fertilizers, heavy metals, pesticides and other toxic or oxidizable materials. 100.63 WORK BETWEEN APRIL 1 AND SEPTEMBER 1, NESTING BIRD SEASON: Prior to performing any work between April 1 and September 1, which is the nesting bird season, the contractor shall so advise the City of Newport Beach of such proposed work and shall provide a qualified biologist approved by the City of Newport Beach to conduct a survey for nesting birds within three (3) days prior to beginning of the work to insure that no nesting birds are impacted by the work. If nesting birds are found to be impacted the qualified biologist shall make recommendation to the City of Newport Beach and the City of Newport will advise the contractor as to what action is to be taken. 100.64 NEW WETLANDS AREA: The area shown on the plans as "New Wetlands Area" shall be a dirt graded area intended as a flat dirt area that will collect and hold some water that will, on its own, develop into a natural wetlands area over time. 100.65 BID ITEMS 100.65.1 (BID ITEM 1) MOBILIZATION: Mobilization shall include the obtaining of all bonds, insurance, permits, moving onto the site of all equipment; all as required for the proper performance and completion of the Work. Mobilization shall include but not be limited to the following items: 1. Obtaining and paying for all required bonds, insurance, and permits. 2. Moving on to the site of all of Contractor's plant and equipment required for the first week's operation. 3. Submittal of detailed Preliminary Construction Schedule. 4. Submittal of Initial Construction Schedule, embodying all corrections required by the Engineer. No payment for mobilization can be made until the construction schedule has been approved in writing by the Engineer. 5. Arranging for and/or the erection of Contractor's work and storage yard. 6. Submittal and City approval of any required Contractor notices, door hangers, forms etc... 7. Posting all OSHA and other required notices. Payment for Mobilization will be at the lump sum price bid and shall be made in a single, lump -sum, non - proratable payment, no part of which will be approved for payment under the Contract until all mobilization items listed herein have been completed as specified. The Contractor's attention is directed to the Condition that an additional 5 percent will be deducted from any progress payments for any money due to the contractor until all mobilization items listed above have been completed as specified. The aforementioned amount will be retained by the City as agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items as a lump -sum item shall be in addition to the retention of any payments due to the Contractor as specified in these Contract Documents. Full compensation for furnishing all labor, materials, tools and equipment necessary to complete said mobilization work will be considered as included in the lump sum contract price and no additional compensation will be allowed therefore. 100.65.2 (BID ITEM 2) TRAFFIC CONTROL: Traffic Control on Newport Boulevard and on Hospital Road shall be subject to the following conditions: Traffic maintenance shall conform to the provisions in Section 7 -1.08 and 7 -1.09 of Caltrans Standard Specifications. The Contractor shall take diligent care to not interrupt traffic flow through the Newport Boulevard and Hospital Road intersection No street shall be closed to traffic even during placing of asphalt concrete. Traffic lanes shall only be closed to traffic when construction work in the immediate area of the traffic lanes requires traffic lane closure. The contractor shall minimize times of traffic lane closures and shall open traffic lanes whenever possible. Page 11 of 21 Emergency vehicles shall be pemtitted to pass through the work area without delay at all times. Newport Boulevard traffic control and lane closures: • All traffic lanes shall be maintained open to traffic at all times except that: o The far right southbound traffic lane and shoulder may be closed to traffic throughout the construction period. • Southbound right turns to westbound Hospital Road shall be allowed at all times. Hospital Road traffic control and lane closures: • All traffic lanes shall be maintained open to traffic at all times except that: o The far right westbound traffic lane and shoulder may be closed to traffic when necessary during normal working hours but shall be open to traffic daily during non- working hours. Contractor shall provide a construction staging plan within five (5) calendar days of award of contract. The plan shall be submitted to the City for review and approval. All lane closures, flagging arrangements, detours and traffic signing, including special signs, shall conform to the American Public Works Association (APWA) WATCH Manual and/or the State of California Department of Transportation Manual of Traffic Controls for Warning Sign Lights and Devices, and must be approved by the Engineer at least 10 working days prior to such closures. Public notification signs shall be approved by the Engineer and installed at that time. Contractor shall be responsible for designating or delineating traffic lanes at all times during construction and shall provide flagging, temporary traffic delineation devices, and temporary traffic striping acceptable to the Engineer as necessary to provide for safe traffic movement through the construction site at all times. At the end of the day's work and when construction operations are suspended, the Contractor shall cleanup the work area, remove all obstructions from the roadway, and check the traffic control and delineation devices to make sure that the proper approved traffic control delineation plan is in place prior to leaving the work area. Construction materials and equipment may NOT be stored on the roadway. Full compensation for furnishing all labor, materials, tools and equipment necessary to complete said traffic control work will be considered as included in the lump sum contract price and no additional compensation will be allowed therefore. 100.65.3 (BID ITEM 3) WATER POLLUTION CONTROL PROGRAM AND EROSION CONTROL: The contractor shall conform to all water pollution control and erosion control regulations and shall provide a Water Pollution Control Program which complies with the Water Pollution Control provisions as previously detailed in these Special Provisions and shall submit a copy of the contractors Water pollution Control Program to the City for review prior to construction. hr addition the contractor shall provide erosion control measures and items as shown on the plans including the placement and maintenance of sand bags and other erosion control measures and items as required in order to eliminate erosion and the movement of sediment from the project site. The contractor shall use best management practices in performing all work. All erosion control work, measures, and items shall be in conformance with Caltrans Standards. Full compensation for furnishing all labor, materials, tools and equipment for a Water Pollution Control Program and erosion control, including but not limited to preparation of plans, obtaining pewits, placement and maintenance of sand bags and other erosion control measures and items, and cleanup will be considered as included in the contract lump sum price and no additional compensation will be allowed therefore. 100.65.4 (BID ITEM 4) CLEARING AND GRUBBING: The project site upon which construction, grading and earth fill will be performed or placed will be cleared and grubbed of all organic and other deleterious materials, including the removal of trees, shrubs, roots, and stumps. Clearing, grabbing, and removal shall conform to Section 16 of Caltrans Standard Specifications. After clearing, grubbing, and removal the area of clearing, grubbing, and removal shall be graded or filled to create a stable surface. All materials removed shall become the property of the contractor and shall be removed from the project site. Page 12 of 21 The contractor shall take care to not undermine, disturb, or damage the existing chain link right -of- way fence. If the fence is damaged the contractor shall repair or replace the damaged portions as required. Full compensation for furnishing all labor, materials, tools and equipment for clearing, grubbing, and removal, including but not limited to, cleanup and disposal will be considered as included in the contract lump sum price and no additional compensation will be allowed therefore. 100.65.5 (BID ITEM 5) SAWCUT AND REMOVE EXISTING IMPROVEMENTS: The existing improvements: concrete ditch, concrete headwall; A.C. dike, ditch, pavement and roadway; P.C.C. curb and gutter, sidewalk and curb ramp, drain inlet and gutter depression, storm drain junction structure and 450 mm R.C.P. shall be sawcut and removed. The contractor shall take care to not damage the portion of any existing improvement to shown to remain in service. If the existing improvement is damaged the contractor shall repair or replace the damaged portions as required. All existing asphalt concrete (AC) dike to be removed shall be sawcut to full depth and removed leaving a neat clean edge. All existing asphalt concrete pavement to be removed shall be sawcut to a minimum depth of 200mm and removed leaving a neat clean edge. All existing Portland Cement concrete improvements to be removed shall be sawcut to full depth and removed leaving a neat clean edge. All removed improvements shall be disposed of by the contractor and the removal area shall be left clean and free of cement concrete and other debris. The existing drain inlet and PCC gutter depression to be removed shall be removed leaving a neat clean edge at the end of the remaining existing 450mm reinforced concrete pipe. The existing storm drain junction structure and 450mm RCP to be removed shall be removed leaving a neat clean edge at the end of the remaining existing 450mm reinforced concrete pipe. All materials removed shall become the property of the contractor and shall be removed from the project site. Full compensation for furnishing all labor, materials, tools and equipment for the removal of concrete ditch, concrete headwall; A.C. dike, ditch and roadway; P.C.C. curb and gutter, sidewalk and curb ramp, drain inlet and gutter depression, storm drain junction structure and 450 mm R.C.P. including but not limited to sawcutting, removal, cleanup and disposal will be considered as included in the contract lump sure price and no additional compensation will be allowed therefore. 100.65.6 (BID ITEM 6) SLOPE AND PARKWAY GRADING (CUT): The grading (cut) shall be accomplished as shown on the plans. The slope and parkway shall be graded (cut) to create a stable surface. The contractor shall take care to not undermine, disturb, or damage the existing chain link right -of- way fence. If the fence is damaged the contractor shall repair or replace the damaged portions as required. Full compensation for furnishing all labor, materials, tools and equipment for the slope and parkway grading (cut), including but not limited to grading and cleanup will be considered as included in the contract price per cubic meter of grading (cut) and no additional compensation will be allowed therefore. 100.65.7 (BID ITEM 7) SLOPE AND PARKWAY GRADING (FILL): This grading does NOT INCLUDE ROADWAY EXCAVATION but does include all other grading, excavation, fill structure excavation and backfill, and other grading as necessary to complete the project per the plans and specifications. Grading shall conform to Section 19 Earthwork of Caltrans Standard Specifications. The cut and fill slopes shall be constructed to the line and grade shown on the plans. All import material shall have an R -value of at least 40. All areas prior to receiving fill shall be scarified to a niminium depth of 0.3m and shall be compacted to 95% relative compaction. Fill shall be placed in maximum 0.2m lifts and compacted to 95% relative compaction. Page 13 of 21 The contractor shall be responsible for calculating the actual slope and parkway grading quantities necessary to complete the slope and parkway grading as indicated on the plans and in these specifications. Full compensation for furnishing all labor, materials, tools and equipment for grading, including but not be limited to grading, excavation, fill, import fill, haul off, removal, cleanup, and disposal will be considered as included in the lump sum contract price and no additional compensation will be allowed therefore. 100.65.8 (BID ITEM 8) CONSTRUCT 675MM REINFORCED CONCRETE PIPE (RCP) STORM DRAIN PIPE: The contractor shall construct 675rmrt reinforced concrete pipe (RCP) in the location shown on the plans. Reinforced concrete pipe shall conform to Section 65 Reinforced Concrete Pipe of Caltrans Standard Specifications. Placement and installation of RCP shall conform to Section 19 Earthwork of Caltrans Standard Specifications. The 675mm RCP being installed shall be connected to the existing 675mm RCP using a reinforced concrete collar conforming to Newport Beach Standard Drawing STD- 313 -L. The reinforced concrete pipe and concrete collar shall be placed to the line and grade as shown on the plans and as specified in the specifications. Full compensation for furnishing all labor, materials, tools and equipment for the installation of 675mm RCP, including but not limited to excavation, removal, structural concrete, cleanup and disposal the will be considered as included in the contract price per meter of RCP installed and no additional compensation will be allowed therefore. 100.65.9 (BID ITEM 9) CONSTRUCT REINFORCED CONCRETE (RC) COLLAR: The contractor shall construct reinforced concrete (RC) collar in the location shown on the plans. The reinforced concrete collar shall conform to Newport Beach Standard Drawing STD - 313 -L. The reinforced concrete collar shall be placed to the line and grade as shown on the plans and as specified in the specifications. Full compensation for furnishing all labor, materials, tools and equipment for the construction of RC collar, including but not limited to excavation, removal, structural concrete, cleanup and disposal the will be considered as included in the contract lump sum price and no additional compensation will be allowed therefore. 100.65.10 (BID ITEM 10) CONSTRUCT SHOTCRETE DRAINAGE DITCH: Shotcrete drainage ditches with welded wire fabric shall be constructed in the locations and to the size and shape as shown and detailed on the plans and in the specifications. Shotcrete drainage ditches shall be constructed in conformance with Section 19 Earthwork, Section 53 Shotcrete, and Section 72 Slope Protection of Caltrans Standard Specifications. Welded wire fabric shall be 150mm. x 150mm x 3.51rmn plain welded wire fabric conforming to Section 52 Reinforcement of Caltrans Standard Specifications. Prior to placing shotcrete the ground upon which the shotcrete is to be placed shall be shaped and graded to the line and grade as shown on the plans and in the specifications and shall be compacted to 95% relative compaction. Welded wire fabric shall be properly and firmly placed to be 50mm clear of the shotcrete finish surface. The existing concrete ditch shall be sawcut to a neat clean line at the location shown on the plans to create a good joint with the shotcrete drainage ditch. Where the shotcrete drainage ditch joins the existing concrete drainage ditch the shotcrete drainage ditch shall be shaped to conform to the existing concrete drainage ditch. A dirt drainage ditch similar in size and shape to the shotcrete drainage ditch shall be graded at the southerly end of the shotcrete drainage ditch as shown on the plans. Where the shotcrete drainage ditch joins the dirt drainage ditch the dirt drainage ditch shall be shaped to conform to the shotcrete drainage ditch. The dirt drainage ditch shall be compacted to 95% relative compaction. Page 14 of 21 The contractor shall take care to not undermine, disturb, or damage the existing chain link right -of- way fence. If the fence is damaged the contractor shall repair or replace the damaged portions as required. Full compensation for furnishing all labor, materials, tools and equipment for construction shotcrete drainage ditch, including but not limited to excavation, removal, cleanup and disposal will be considered as included in the contract price per meter of shotcrete drainage ditch and no additional compensation will be allowed therefore. 100.65.11 (BID ITEM 11) CONSTRUCT HEADWALL, WINGWALLS, RETAINING WALL GUTTER, AND DRAINAGE SLAB: Construct reinforced concrete Type A Headwall, and Type B Wingwalls per Caltrans Standard Plan D90 and construct reinforced concrete retaining wall gutter per Caltrans Standard Plan B3 -9 and construct 150mm thick cement concrete drainage slab all in the locations shown on the plans. The headwall, wingwalls, retaining wall gutter, and drainage slab shall be constructed to the line and grade shown on the plans in conformance with Section 19 Earthwork, and Section 51 Concrete Structures of Caltrans Standard Specifications. Top of retaining wall gutter to be 0.3 meters below top of wall. Gutter subgmde shall be compacted to 95% relative compaction. Subgrade below bottom of headwall and wingwall footings shall be over - excavated a minimum of 600mm below the bottom of footings and shall be recompact to minimum 95% relative compaction. Full compensation for furnishing all labor, materials, tools and equipment for the construction of the headwall and wingwalls, retaining wall gutter, and drainage slab including but not limited to excavation, removal, structural concrete, cleanup and disposal will be considered as included in the contract price per square meter of headwall and wingwall vertical face (including vertical face of footing) and no additional compensation will be allowed therefore. 100.65.12 (BID ITEM 12) CONSTRUCT STORM DRAIN JUNCTION STRUCTURE: Contractor shall reconstruct a storm drain Junction Structure No. 1 to conform to the City of Newport Beach Standard Drawing No. STD- 310 -L. The junction structure frame and cover shall conform to the City of Newport Beach STD- 112 -L with the cover marked "D ". The contractor shall connect the junction structure to the existing storm drain line and shall connect the new storm drain lines to the new junction structure in accordance with the City of Newport Beach Standards. Full compensation for famishing all labor, materials, tools and equipment necessary to complete the construction of the junction structure and the connection to storm drain lines, including but not be limited to, saw cut, removal, excavation, sub grade preparation, manhole riser shaft, frame and cover, connecting to existing and new sewer lines, furnishing and compacting of backfill, setting cover to grade, and testing will be considered as included in the contract price per each and no additional compensation will be allowed therefore. 100.65.13 (BID ITEM 13) CONSTRUCT 61M CURB DRAIN INLET AND PCC GUTTER DEPRESSION: The drain inlet and local depression to be installed shall be Drain Inlet Type OLA per Newport Beach Standard Drawing STD - 305 -L with Local Depression per Newport Beach Standard Drawing STD - 304 -L. The drain inlet shall be placed on a minimum 150mm thick crushed aggregate base compacted to 95% in conformance with Caltrans Standards. Full compensation for furnishing all labor, materials, tools and equipment for the construction of the drain inlet and gutter depression, including but not limited to the items noted above, and cleanup and disposal will be considered as included in the lump sum contract price and no additional compensation will be allowed therefore. 100.65.14 (BID ITEM 14) CONSTRUCT 1.067M CURB DRAIN INLET AND PCC GUTTER DEPRESSION: The drain inlet and local depression to be installed shall be Drain Inlet Type OLA per Newport Beach Standard Drawing STD - 305 -L with Local Depression per Newport Beach Standard Drawing STD - 304 -L. The drain inlet shall be placed on a minimum 150mm thick crushed aggregate base compacted to 95% in conformance with Caltrans Standards. Full compensation for furnishing all labor, materials, tools and equipment for the construction of the drain inlet and gutter depression, including but not limited to the items noted above, and cleanup and disposal will be considered as included in the lump sum contract price and no additional compensation will be allowed therefore. Page 15 of 21 100.65.15 (BID ITEM 15) CONSTRUCT 450MM REINFORCED CONCRETE PIPE (RCP) STORM DRAIN: The contractor shall construct 450mm reinforced concrete pipe (RCP) in the location shown on the plans. Reinforced concrete pipe shall conform to Section 65 Reinforced Concrete Pipe of Caltrans Standard Specifications. Placement and installation of RCP shall conform to Section 19 Earthwork of Caltrans Standard Specifications. The reinforced concrete pipe shall be placed to the line and grade as shown on the plans and as specified in the specifications. Full compensation for furnishing all labor, materials, tools and equipment for the installation of 450mm RCP, including but not limited to excavation, removal, structural concrete, cleanup and disposal the will be considered as included in the contract price per meter of RCP installed and no additional compensation will be allowed therefore. 100.65.16 (BID ITEM 16) ROADWAY EXCAVATION: Roadway excavation shall conform Section 19 of Caltrans Standard Specifications and shall be constructed to the depth and width shown on the plans and shall include the areas of the existing removed pavement, curb, gutter, sidewalk, and the widened areas of the new pavement, curb, gutter, and sidewalk. Full compensation for furnishing all labor, materials, tools and equipment for the roadway excavation, including but not limited to excavation, removal, cleanup and disposal will be considered as included in the contract price per cubic meter and no additional compensation will be allowed therefore. 100.65.17 (BID ITEM 17) CONSTRUCT 509MM THICK CLASS 2 AGGREGATE BASE: Class 2 aggregate base shall be placed to be a minimum 509mm thick section using 19 mm maximum rock conforming to Section 26 of Caltrans Standard Specifications. Prior to placing the aggregate base material the sub -grade shall be scarified to a minimum depth of 150mm, moisture conditioned, and compacted to a minimum 95% relative compaction. The aggregate base material shall then be placed in maximum lifts of 150mm to a total finish depth as shown on the plans and be compacted to a minimum 95% relative compaction. The Contractor shall supply all materials, labor, equipment, and incidentals to place and compact aggregate base to the thickness indicated on the project plans and specified herein, including but not limited to backfill, base material for AC and PCC structural pavement sections. The Contractor shall notify the Engineer in writing two weeks prior to the delivery of the base material to the job site. The notification shall specify the type of material to be used and the proposed supplier. Full compensation for furnishing all labor, materials, tools and equipment removal of loosened materials and cleaning and complete all work listed above including but not limited to installing aggregate base and traffic control no additional compensation will be allowed therefore will be considered as included in the contract price per cubic meter and no additional compensation will be allowed therefore. 100.65.18 (BID ITEM 18) CONSTRUCT PCC CURB AND GUTTER: Portland cement concrete curb and gutter shall be Type A2 -150 and Type A2- 200 per Caltrans Standard Plan A87 constructed in conformance with Section 73 of Caltrans Standard Specifications. Portland cement concrete preparation shall conform to the "Green Book" Standard Specifications for Public Works Construction 2000 Edition and shall be Class 560 -C -3250 with the maximum slump of 100 millimeters. The certified tickets accompanying each batch of ready -mix concrete delivered to the job site shall clearly show the "class designation" of the specified concrete mix in addition to the requirements of Section 90-1 of Caltrans Standard Specifications. For curing attention is directed to Sections 90 -7.01 of Caltrans Standard Specifications. The Contractor is required to saw cut all concrete curb and gutter full depth. All saw cuts shall be neat, straight lines. All forms including back planks of curbs and planks for the gutter lip face shall be set with the upper edges flush with the specified grade on the finished surface of the curb and gutter. All forms shall be not less than the depth equivalent to the full thickness of the concrete to be placed (i.e., 200mm forms shall be used for 200mm thick curb and gutter). The Contractor shall not place concrete curb and gutter without using the proper size planks or forms. Page 16 of 21 Prior to placing curb and gutter the crushed aggregate base upon which the curb and gutter is to be placed shall be compacted to a minimum of 95% relative compaction. The Contractor shall connect and extend all existing curb drain outlets through the curb as necessary to a satisfactory working condition acceptable to the City Representative. Full compensation for furnishing all labor, materials, and equipment required to construct concrete curb and gutter, including but not be limited to, the saw cut, removal, excavation, sub grade preparation, furnishing and compacting of backfill, and placement will be considered as included in the contract price per meter and no additional compensation will be allowed therefore. 100.65.19 (BID ITEM 19) CONSTRUCT 100 MM THICK PCC SIDEWALK: Portland Cement concrete sidewalk shall conform to the City of Newport Beach Standard Drawing STD 180 -L and be constructed in conformance with Section 73 of Caltrans Standard Specifications. The thickness of the sidewalk shall be 100mm. Portland cement concrete preparation shall conform to the "Green Book" Standard Specifications for Public Works Construction 2000 Edition and shall be Class 560 -C -3250 with the maximum slump of 100 millimeters. The certified tickets accompanying each batch of ready -mix concrete delivered to the job site shall clearly show the "class designation" of the specified concrete mix in addition to the requirements of Section 90-1 of Caltrans Standard Specifications. For curing attention is directed to Sections 90 -7.01 of Caltrans Standard Specifications. The Contractor is required to saw cut all concrete sidewalk full depth. All saw cuts shall be neat, straight lines. All forms including shall be set with the upper edges flush with the specified grade on the finished surface of the sidewalk. All forms shall be not less than the depth equivalent to the full thickness of the concrete to be placed (i.e., 100mm forms shall be used for IOOmm thick sidewalk). The Contractor shall not place concrete sidewalk without using the proper size planks or forms. Prior to placing sidewalk the sub -grade upon which the sidewalk is to be placed shall be compacted to a minimum of 95% relative compaction. The Contractor shall connect and extend all existing curb drain outlets through the curb as necessary to a satisfactory working condition acceptable to the City Representative. Full compensation for furnishing all labor, materials, and equipment required to construct concrete sidewalk, including but not be limited to, the saw cut, removal, excavation, sub grade preparation, furnishing and compacting of backfill, and placement will be considered as included in the contract price per square meter and no additional compensation will be allowed therefore. 100.65.20 (BID ITEM 20) CONSTRUCT PCC CURB RAMPS: Portland cement concrete curb ramps shall conform to Caltrans Standard Plan A88A, Case C and shall be constructed in conformance with Section 73 if Caltrans Standard Specifications. The thickness of the ramps shall be 100mm Portland cement concrete preparation shall conform to the "Green Book" Standard Specifications for Public Works Construction latest edition and shall be Class 560 -C -3250 with the maximum slump of 100 millimeters. The certified tickets accompanying each batch of ready -mix concrete delivered to the job site shall clearly show the "class designation" of the specified concrete mix in addition to the requirements of Section 90 -1 of Caltrans Standard Specifications. For curing attention is directed to Sections 90 -7.01 of Caltrans Standard Specifications. The Contractor is required to saw cut all concrete existing access ramps full depth. All saw cuts shall be neat, straight lines. All forms shall be set with the upper edges flush with the specified grade on the finished surface of the access ramp. All forms shall be not less than the depth equivalent to the full thickness of the concrete to be placed (i.e., 100mm forms shall be used for 100mm thick ramps). The Contractor shall not place concrete ramps without using the proper size planks or forms. Prior to placing access ramps the crushed aggregate base upon which the curb ramp is to be placed shall Page 17 of 21 be compacted a minimum of 95% relative compaction. Truncated domes shall be "Cast in Place Tactile/Detectable Warning Surface Tile" panels made of bitritied polymer composit construction, embedded type, manufactured by Armou Tile Tactile Systems, Buffalo, New York, or approved equal. The orientation of the dome pattern for all panels shall be parallel with the panel edges. The color of the truncated dome panels shall be Onyx Black conforming to Federal Color No. 17038. Truncated dome panels shall be manufactured and installed in accordance with the Department of Housing and Urban Development ADA Section 09310 Cast in Place Tactile/Detectable Wanting Surface Tile. Shop drawings and color sample for the truncated dome panels shall be provided to the City for approval. Truncated dome panels shall not be installed prior to City approval of the shop drawings and color sample Full compensation for furnishing all labor, materials, and equipment required to construct the curb ramps including but not be limited to the saw cut and removal of any concrete, excavation, removal of curb and gutter, forming, placing and finishing cement concrete, and installing truncated dome panels will be considered as included in the contract price per each and no additional compensation shall be allowed therefore. 100.65.21 (BID ITEM 21) CONSTRUCT 305MM THICK AC PAVEMENT: The work included in this item shall consist of supplying all labor, materials, equipment and incidentals required to reconstruct asphalt concrete pavement and construct 305mm thick asphalt concrete pavement at the locations as shown on the plan. Also included in this item are the application of tack coat, prime coat, and other incidental items of work as called out on the plan. Prior to paving a prime coat per consisting of SC 250 liquid asphalt shall be applied to the surface of the aggregate base in conformance with Section 39 -4.02 of Caltrans Standard Specifications. All work shall be performed in accordance with Section 39 Asphalt Concrete of Caltrans Standard Specifications. A "tack coat" consisting of SS -lh emulsified asphalt shall be uniformly applied to all existing pavement surface, all contact surfaces of cold pavement joints, all manholes an all valve boxes prior to placing asphalt concrete in conformance with Section 39 -04.2 of Caltrans Standard Specifications. Asphalt Concrete pavement shall be Type A and shall meet the requirements of Section 39 of Caltrans Standard Specification. Full compensation for furnishing all labor, materials, tools and equipment removal of loosened materials and cleaning and complete all work listed above including but not limited to installing A.C. pavement, tack coat, prime coat and traffic will be considered as included in the contract price per tonne and no additional compensation will be allowed therefore. 100.65.22 (BID ITEM 22) RESET SURVEY MONUMENT: The work included in this item shall consist of supplying all labor, equipment, materials, and incidentals for resetting existing survey monuments, including monument box, frame, and cover, to finish grade in conformance with Caltrans Standard Specifications Section 81 Monuments. The Contractor shall be responsible for measuring /recording the exact location (tie -out) prior to construction and shall be responsible for resetting monuments to their original location and for providing bench mark elevations and survey ties for the reset monuments to the City in the standard City of Newport Beach format. Reset survey monument boxes, frames, and covers shall be set to proper grade. Concrete shall be Class 560-C -3250 conforming to the "Green Book" Standard Specifications for Public Works Construction 2000 Edition. Any survey monument boxes, frame, and covers or appurtenances destroyed, damaged or lost during construction shall be replaced with new. Covers in paved areas may be paved over and later adjusted to grade. After the pavement has been completed, the cover shall be set to grade, the removal area shall be filled with a concrete base, tack coat, and a two -inch asphalt concrete hot mix cap. Full compensation for furnishing all labor, materials, tools and equipment necessary to complete resetting of survey monuments and adjusting boxes, frames, and covers to grade, including but not be limited to, Page 18 of 21 the saw cut, removal, excavation, sub grade preparation, furnishing and compacting of backfill, and placement will be considered as included in the contract price per each and no additional compensation will be allowed therefore. 100.65.23 (BID ITEM 23) SET MONITORING WELL COVER TO GRADE: The work included in this item shall consist of supplying all labor, equipment, materials, and incidentals for setting existing monitoring well cover, including frame, to finish grade. All valve boxes, survey monuments, and monitoring well frame and cover within the limits of construction shall be set to grade per City of Newport Standard Drawing STD -511L. Concrete shall be Class 560 -C -3250 conforming to the "Green Book" Standard Specifications for Public Works Construction 2000 Edition. The Contractor shall be responsible for measuring /recording their exact location (tie -out) prior to construction and shall be responsible for relocating each for setting to grade. Any valve boxes frame and cover or appurtenances destroyed, damaged or lost during construction shall be replaced with new. Covers in paved areas may be paved over and later adjusted to grade. After the pavement has been completed, the cover shall be set to grade, the removal area shall be filled with a concrete base, tack coat, and a two -inch asphalt concrete hot mix cap. Full compensation for furnishing all labor, materials, tools and equipment necessary to complete adjusting covers to grade, including but not be limited to, the saw cut, removal, excavation, sub grade preparation, famishing and compacting of backfill, and placement will be considered as included in the contract price per each and no additional compensation will be allowed therefore. 100.65.24 (BID ITEM 24) RELOCATE EXISTING SIGN: Contractor shall relocate existing roadway sign to location shown on plans per Clatrans Standard Plans RS -1 and RS -2. Full compensation for furnishing all labor, materials, and equipment required to relocate the roadway sign and posts, including but not be limited to the saw cut and removal of any foundations, concrete, curb and gutter, excavation, and installation of new posts will be considered as included in the contract price per each and no additional compensation shall be allowed therefore. 100.65.25 (BID ITEM 25) REMOVE, RELOCATE, AND INSTALL TRAFFIC SIGNAL SYSTEM: Contractor shall remove and/or relocate existing traffic signal system, pull boxes, and concrete foundation. Contractor shall construct and install new traffic signal system, foundations, and pull boxes, and re- install the signal system complete in place and operational. All unused items from the existing system shall become the property of the Contractor. Contractor shall be responsible for leaving the site in a neat and clean manner. FOUNDATIONS: Foundations shall conform to the provisions in Section 86 -2.03, "Foundations," of Caltrans Standard Specifications and these Special Provisions. Portland cement concrete preparation shall conform to the "Green Book" Standard Specifications for Public Works Construction 2000 Edition and shall be Class 560 -C -3250 with the maximum slump of 100mm. Concrete caps for traffic signal standards shall not be poured until the sidewalk(s) are constructed. Where curb and gutter are to be constructed, to assure grade control, the Contractor will not be allowed to pour the traffic signal standard foundations until the new curb and gutter are constructed. PULL BOXES: Pull boxes shall conform to the provisions of Section 86 -2.06 "Pull Boxes" of Caltrans Standard Specifications and these Special Provisions. Pull boxes shall be reinforced concrete with lids of the same material. Lids shall not be bolted -down types. All lids shall read "Traffic Signal." No pull box shall be located in or within 1 foot of any curb ramp. CONDUIT: Conduit shall be rigid steel conduit only and shall conform to the provisions in Section 86- 2.05, "Conduit ", of Caltrans Standard Specifications, and these Special Provisions. Insulated bonding bushings will be required on all conduits. Page 19 of 21 After conductors have been installed, the ends of conduits temunating in pull boxes and controller cabinet shall be sealed with an approved type of sealing compound. Conduit runs are shown in schematic form only. Actual installation shall be done in the most direct manner. CONDUCTOR AND WRUNG: Conductors and wiring shall conform to the provisions in Section 86- 2.08 "Conductors ", and Section 86 -2.09 "Wiring" of Caltrans Standard Specifications. Splicing shall be "Method B" per Caltrans Standards. MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS: Signals have to be operational during construction and installation of traffic signal system Traffic signal system switchover shall not exceed more than a four -hour period between the hours of 9:00 a.m. and 3:00 p.m Contractor shall provide continuous power during traffic signal system switchover. The Contractor shall place "STOP AHEAD" and STOP" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system switchover. Temporary "STOP AHEAD" and "STOP" signs shall be either covered or removed when the system is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area Signs," of Caltrans Standard Specifications, except that the base material for the signs shall not be plywood. One "STOP AHEAD" sign and one "STOP" sign shall be placed for each direction of traffic. Location of the signs shall be as directed by the City's Representative. BONDING AND GROUNDING: Bonding and grounding shall conform to the provisions in Section 86 -2.10 "Bonding and Grounding" of Caltrans standard Specifications, and these Special Provisions. Grounding jumper shall be visible after cap has been poured on foundation. Full compensation for furnishing all labor, materials, tools and equipment necessary to relocate existing traffic signal system complete, in place, and operational shall be considered in the contract lump sum bid price and no additional compensation will be allowed therefor. 100.65.26 (BID ITEM 26) INSTALL TRAFFIC SIGNAL DETECTOR LOOPS: Traffic signal detector loops shall conform to the provisions in Section 86 -5, "Detector", of Caltrans Standard Specification. Full compensation for furnishing all labor, materials, tools and equipment for installation of detector loops will be considered as included in the contract price per each and no additional compensation will be allowed therefore. 100.65.27 (BID ITEM 27) TRAFFIC STRIPING: The Contractor shall furnish and apply painted traffic striping, reflective pavement markers, thermoplastic crosswalk line striping and thermoplastic pavement markings as shown on the plans or as directed by the City Representative. Placement of striping shall conform to the requirements of Section 84 of the Caltrans Standard Specifications and these provisions. Two applications of paint shall be applied. The second coat shall be applied two weeks after the first coat. Painting shall conform to the last two paragraphs of Section 59 -1.03, "Applications, and Section 59 -1.04, Thinning Paint, of the Caltrans Standard specifications. Placement of reflective pavement markers shall conform to the requirements of Section 85 of the Caltrans Standard Specifications and these provisions. Reflective pavement markers shall not vary more than 15mm from the alignment shown on plans. The contractor shall place reflective pavement markers within 24 hours after removal of the existing striping. Placement of thermoplastic striping and markings shall conform to the requirements of Section 84 of the Caltrans Standard Specifications and these provisions. Two applications of thermoplastic material shall be applied for pavement markings. The second coat shall be applied two weeks after the first coat. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Pavement markings and cross walks shall not vary more than 100mm from the alignment shown on plans. Page 20 of 21 The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 15mm in 15m from the alignment shown on plans. The contractor shall mark, or otherwise delineate, new traffic lanes and pavement markings within 24 hours after removal of the existing striping and markings. Full compensation for furnishing all labor, materials, tools and equipment for placement of painted traffic striping, will be considered as included in the contract price per meter and no additional compensation will be allowed therefore. 100.65.28 (BID ITEM 28) INSTALL TEMPORARY IRRIGATION SYSTEM: Contractor shall A temporary irrigation systems per the specifications and plans (M- 5381 -5). A 2 -inch water meter /supply line and an electrical service are available on site. The contractor shall supply and install flow meter, master valve, backflow preventer with enclosure, irrigation controller with enclosure, irrigation valves, valve boxes, schedule 40 PVC pipe, risers and irrigation heads in conformance with Caltrans Standard Specifications Section 20 -5 Imgation Systems. Full compensation for furnishing all labor, materials, tools and equipment for the installation of a temporary irrigation system, including but not limited to excavation, grading, concrete pads, pea gravel, irrigation system, backfill, cleanup and disposal will be considered as included in the contract price per lump sum and no additional compensation will be allowed therefore. 100.65.29 (BID ITEM 29) CALIFORNIA MEADOW SEDGE GRASS (CAREX PANSA) EROSION CONTROL PLANTING: Except for Special Planting Area contractor shall replant all disturbed and exposed dirt areas with California Meadow Sedge Grass (Carex Pansa) plugs planted at 200 mm on center to cover all exposed dirt areas. The Contractor shall maintain the planted area such that erosion of the planted area does not occur. Contractor shall maintain and water the planted area from the time of planting for a minimum period of 90 days or longer as necessary in order to establish the plants in a healthy growing and weed free condition at the time of acceptance of the planted areas by the City. Full compensation for furnishing all labor, materials, tools and equipment for planting California Meadow Sedge Grass (Carex Pansa), including but not limited to materials, site preparation, planting, maintaining watering weeding, fertilizing, replanting dead plants, and cleanup will be considered as included in the contract price per square meter and no additional compensation will be allowed therefore. 100.6530 (BID ITEM 30) CALIFORNIA NATIVE CAT -TAIL (TYPHA DOMINGENSIS) PLANTING IN SPECIAL PLANTING AREA: The Contractor shall plant California Native Cat -tail (Typha Domingensis) plants at 200 nut on center to cover all Special Planting Area. The Contractor shall maintain the planted area such that erosion of the planted area does not occur. Contractor shall maintain and water the planted area from the time of planting for a minimum period of 90 days or longer as necessary in order to establish the plants in a healthy growing and weed free condition at the time of acceptance of the planted areas by the City. Full compensation for furnishing all labor, materials, tools and equipment for planting California Native Cat -tail (Tyhpa Domingensis) plants, including but not limited to materials, site preparation, planting, maintaining, watering, weeding, fertilizing, replanting dead plants, and cleanup will be considered as included in the contract price per square meter and no additional compensation will be allowed therefore. 100.65.31 (BID ITEM 31) CONSTRUCTION SURVEYING: The contractor shall provide all construction surveying, including but not limited to staking, marking, establishing line, grade, depth, height, width, and location of all items, and all other surveying necessary to complete the project. Full compensation for performing all construction surveying shall be considered as included in the contract price per lump sum and no additional compensation will be allowed therefore. Page 21 of 21 UA jo —00 ML -31 /4 = STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT TR -0120 (REV. 2(98) In compliance with (Check one): X Your application of NOV. 17. 2003 ❑ Utility Notice No. Of X Agreement No. Of ❑ R/W Contract No. Of TO: r- CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 -8915 ROBERT STEIN, PRINCIPAL C.E. 9491644 -3322 1 And subject to the following, PERMISSION IS HEREBY GRANTED to: 12- ORA -55— 0.59 DECEMBER 5, 2006 ,PERMITTEE q Widen Newport Blvd. (SR -55) to provide a southbound right turn lane to westbound Hospital Road and a widened parkway area to accommodate future pedestrian and bicycle trail in Newport Beach. The work will include slope grading, drainage, and traffic signal modification. THIS PROJECT DOES NOT INCLUDE ANY WETLANDS. All performed work shall be in accordance with current Caltrans Standard Specifications and Standard Plans, the Encroachment Permits Manual, the attached Provisions, and Permit Plans stamp -dated October 5, 2006. Permittee shall contact SHAHRYAR DERAVI, State Permit Inspector at 9491756 -7677, IRAJ JAVID, State Permit Electrical Inspector, at 9491724 -2844, and JOHN JALALI, State SWPPP Coordinator, at 949/724 -2266 a minimum of five working days prior to the date of the pre - construction meeting. Failure to comply with this requirement will result in suspension of this permit. I ne tonomng attachments are (Check applicable): X Yes ❑ No ❑ Yes X No X Yes ❑ No ❑ Yes ❑ No as General Provisions Utility Maintenance Provisions Special Provisions A Cal -OSHA penult required prior to beginning work; This permit is to be strictly construed.and no other work Original to Permittt File: 03 -0789 S. Deravi, Permits I. Javid, Permits J. Jalali, Permits fv4ce (2) actual costs for: ❑ Yes X No Review ❑ Yes X No Inspection X Yes No Field Work (If any Caltrans effort expended) Prepared by ATE L46ry Mohtashami. District Permit Eneineer i Page 1 of 2 12/05/2006 17:20 5625948549 WG ZIMMERMAN ENG PAGE 02 CITY OF Wh PORT BEACH 1203 -NMC -0739 y DEC. 5, 2006 Permittee's Contractor shall furnish the State with a signed•app5cation requesting a separate Catrans Encroachment Permit called Double Permit (DP), authorizing the Contractor to perform the work within the State right of way on Permittee's behalf. A deposit of $4100.00 is required at the t)me of appllcattort. Permittee's Contractor shall submit witt the DP application-the following: 1, Proof that Contractor has performance and payment bdnds executed in favor of the City Covering adequately the construction cost of the proje:t and which shall be kept in full force and effect until the permitted wark is completed 2. A policy of General Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in aeoordanon with Section 7 -1,12 of tie State Standard 8W11foatlons. Such policy shall contain an additional - insured endorsement naming the State, its Officers, anti employees as additional- insured. Coverage shall zia evidenced by a Certificate )f Insurance (in a Form satisfactory to Caftrans). Coverage shall remain in effect through the duration of the permit. .0 3. A Storm Water Politttlon Preventlim Plan (SWPPP) for review and approval by Gattrans prior to issuance ol{ee DP. In addition to the attached General Provlslons (TRdI 045). the following Special Provisions are appticahle: In case of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions these Special Provisions :shall prevail. • Permittee uhall contact the State Pi:rmit Inspector at least 48 hours prior to the implementation of lane closures, • Whenever the work area is more the n 1.83 m auvay from the adjacent traffic lane but within a desig sated shoulder or parking ]anti, a shoulder closure or parking lane closure acceptable to Caltrans shall be utilized. Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. • All components of the traffic control tiystane shal be removed from the traveled way and paved sho elders at the end of the each work period. Orange vas °s and hard hats shall be worn at all rimes while working within State right -of -way. The full width of traveled way shall b.? open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 PM on Fridays and an the day preceding designated legal holidays, and when construction operations ere not actively in progress. Unless otherwise approved by the State Permit 11spectot no work that interferes with public traffic s-rall be performed of weekdays between 6 :00 AM and 9:00 AM, and between 3:00 PM and 6:30 PM. • Access through the work area shall be provided for bicyclists and pedestrians at all times, when req aired by the State Permit Inspector. • Permktee shall fumish to the State Permft Inspector and /or State Permit Electrical Inspector and METS Materials Administrator a compieftAl form D"EM -3107 " Notice of Materials to be Used" (ate achad) for all signal poles, sign polies, light polen, mast arms, sign Panels, guard fall iompooents, and other items as specified by the Stats inspectors. Please note that these matorialo may require source inspection and approval at the manufacturer's plant. Materials identified on the TL-608 which are not inspected and . approved by the State at the mamriacturee's plant will be rejected from use on the State highway. A minimum of six weeks is required for source inspeefibn, testing, and approval of materials to be used. The METE Materials Administrator i.an be reached via faX at 9161227 -700 or via e-mail ate materlala_,adminlstrator —METS @ dotca.gov Immediately following completion or the work permitted herein, Nermfttee shall submit one set of As-Bulit Plans and fax to 949!724-2:!65 the Work Completion Notice and Customer Servisoe Questionnaire to facilitate final permit processing. Page 2 of 2 12/05/2006 17:20 5625940549 Wa ZIMMERMAN EMG PAGE 03 44ca1 Assistance Procedures Vranaal EYAIRPI' 16 -1 Notice oMsterlals To Be Used (FArar CEM•310.1) WIRfd u)d..t lnl Ivad Hr: WRF.MM 11 f. STA17t OF CALIFORNIA DEMRTMA VNT OF TRANSPORTATION NOTICE OF MATRRTAL91'O BE [T9GI) Tu. Resident Engineer Vdtt ere hereby not(lied that man nods required rca use under Gonuml No. for atnsmmtion of _ in Dist __. Crl, _ due. Will he ohtainod from sunrces hm'jll designed. AL TSNe: — - - -I4 — It is roques ed thal yuD arrange fill' sampling, testing .sod inspoction ol'materiais prior to delivery inacclndance with GA tin 0 of "lhu Standard SpeciticatitmR whctue :he Ctnlc is practicable end in aocord with your policy. It is understood :hat sow= jnspection does not relieve me of the full lesponsibllity I't7r incorporating iu ilia work malariais that comply in a.l mWiticts With the co maul plane and xpecirlcatinos, nor dok o it proclude the Subsequent rejection oFuwterials Pound to he trnvuilabde. Diwrihmim; Whhe nlrm Mrmjtdslrlineincaing @Twin(UWYCw $!n! I Pcrem , Dlwt. S=.. 'wirq C.114vn1.1 A611I9 S'cihn. Random fglnhrrrr Rim Dim.w Ytims truly, Address Page 16 -67 )fabruary 1,1998 j 12/05/2006 17 :20 5625948549 WG ZIMMERMAN ENG PAGE 04 R iTiiltl'I' i.G -1 Local.0sislanne Procedures iitanual Notice orMattmials 7'n Be TTxed (Form t WF 110^ ) I'A'1'K0P C[hl Ii pRiilA • naPARTWN'T 9171 RAN•4PORTATTON NOTICE OF MATERIALS TO 1W USED M *- C.TNI4101 WTX IICd a RFP. iU42) 7541- 3.511 -1 .1W IMTHUCTION9 TO CONTRACTOR Section E of the Standard Specifications status that, "Promptly ARet the approval of ttze contract, the Contractor shall notify the Engineer of the proposed sources of supply of all materials to be fumisbod by him, using a form which wiil be supplio by the Engineer upon request." fn order :o avoid delay in approval of materiels, the Department of Transportation must receive s notice as soon as possible. Please comply with the following as closely as possible; The Contact number and job limits_ should be pre same as appears an the Special provisions. The column headed "Contract item No." should show all the item numbers for which the material ig to be used. The colurnn headed "Material Type" should iv. a description of the material and not necessarily the name of the contlnct item. The colurnn headed "Name and Address of Inspection Site" should be that of the actual source of supply and not suhcorrtractor or jobber. Jf the sou-M of all materials are not blown at the beginning of a Contract, report those known. Supplemental "Notices of Materials to Be Used" should be submitted for the others as soon as possible thereafter. Do not delay submitting the original notice until all information is known. All changes in kinds andior sources of materials to be used should be reported on supplemental "Notices of Materials to Be Used" immediately. Retain yom copy end mail a.11 other :*pies to the Resident Engineer. Note: When placing order's for materials th.m ( equired i ispection prior to shipment, be stmt: to indicate on your order brat State inspection is required. OW4121 win UCJOSRV im-a Fe4wuery T, 1998 BY THE CITY COUHCII CITY OF N7YWPOHT BEACH CITY OF NEWPORT BEACH ;A? ? 2005 CITY COUNCIL STAFF REPORT �g March 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen J. Luy, P.E. 949 -644 -3311 sluy@cfty.newport-beach.ca.us SUBJECT: APPROVE THE MITIGATED NEGATIVE DECLARATION FOR THE NEWPORT BOULEVARD RIGHT TURN LANE ONTO HOSPITAL ROAD - CONTRACT NO. 3655 RECOMMENDATION: Approve the Mitigated Negative Declaration (MND) for Newport Boulevard Right Turn Lane onto Hospital Road. DISCUSSION: The City is proposing to widen Newport Boulevard for a south bound right turn lane and a graded parkway which requires a fill slope into a drainage area on the west side of the roadway (see attached project location map). Staff is processing a permit application with Caltrans for this project. Before Caltrans can finalize the permit, it has required the City to obtain a clearance from the California Regional Water Quality Control Board ( RWQCB). As 0.06 acres of wetlands -type vegetation growing along the earthen V -ditch will be disrupted, the RWQCB has determined that a MND is required for this project. Staff prepared the attached MND and notified residents within a 300 -foot radius that the MND was available for their review from December 13, 2004 to January 11, 2005. A Notice of Intent was also filed with the County Clerk, County of Orange. The City received no comments on the MND and one letter in support of the project. On February 1, 2005 staff sent the MND to the State Clearinghouse for review of the project by affected agencies. On March 10, 2005 the City received a letter from the State Clearinghouse indicating that the review period had closed March 4, 2005 and no state agency had submitted comments regarding the project. Receipt of this letter indicates that the City has complied with the State Clearinghouse requirements for draft environmental documents pursuant to the California Environmental Quality Act. The MND states that the City will mitigate the project impact by creating 0.06 acres of wetlands adjacent to the site and re- establishing the native grasses disturbed by the SUBJECT: Approve the Mitigate five Declaration for the Newport Boulevard Right Tune onto Hospital Road Contract No. 3655 March 22, 2005 Page 2 construction. The City will also remove non - native vegetation and monitor the site for a period of five years. Prepared by: Stephen J. Luy, P. . Project Manager Attachments: Location Map Notice of Intent Letter of Support State Clearinghouse Letter Mitigated Negative Declaration Submitted by: �pF� 'G. Badum Pu Works Director u 0 0 9 0 MIS 0 �a 1l I' 11 I Q I I .W X11 m j ? 1- O W " HOSPITAL J+ CITY.OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD i ROAD DRAWN = DATE APPROVED -/- C -3655 DRAWING NO, LOCATION MAP ' M CV OF NEWPORT SEA 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 NOTICE OF INTENT Off-we of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange F7 Public Services Division P.O. Box 238 Santa Ana, CA 92702 From City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR: Nmne of Project: NEWPORT BOULEVARD RIGHT TURN LANE Project Location: Newport Boulevard at Hospital Road Specific: C -3655 Project Location -City: Newport Beach Project Location - County: Orange Project Description: Removal of the existing roadway improvements, traffic signals; landscaping and irrigation; and constructing new roadway improvements including a formal right turn lane, traffic signals striping landscape and irrigation restoration including upgrading a small drainage canal. X 1A litigated Negative Declaration AvailabilitN : The project Mitigated Negative Declaration will be available for Public viewing in the City of Newport Beach Public Works Department during working hours from December 13, 2004 through January 11, 2005. Name of Public Agency Approving Project: City of Newport Beach Date of Approval: 12 -7 -04 Name of Person or Agency Carrying Out Project: Public Works Dept. Contact Person: St phen L y Title: Associate Civil Engineer Signat re: Tel.No. 949) 644 -3330 Date: 12 -7 -04 10 0 0 0 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION TO: RESIDENTS WITHIN THE PROJECT AREA SUBJECT: NOTICE OF PREPARATION OF A MITIGATED NEGATIVE DECLARATION FOR NEWPORT BOULEVARD RIGHT TURN LANE AT HOSPITAL ROAD LEAD AGENCY: CRY OF NEWPORT BEACH CONTACT: Stephen Luy, Associate Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92685 - 8915 PUBLIC REVIEW PERIOD: DECEMBER 13, 2004 — JANUARY 11, 2005 Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Quality Act,' as amended to date, the City of Newport Beach has prepared a Mitigated Negative Declaration for the project described below. Project Title: Newport Boulevard Right Turn Lane at Hospital Road Project Location: Northwest Corner of the Intersection of Newport Boulevard and Hospital Road Project Dcsciipnon: The project applicant, City of Newport Beach, proposes to construct a right turn lane along south bound Newport Boulevard, grade a parkway with fill slope, relocate traffic signals, construct sidewalk, reroute a concrete drainage course, and install irrigation and landscaping. The construction will require the mitigation of the loss of 0.06 acres otwetlands type vegetation. The surrounding area contains professional and senior care facilities. Environmental Analysis: The attached Mitigated Negative Declaration for the proposed project finds there is a less than significant impact with mitigation. As mitigation this project will include an area of 0.18 acres for native vegetation. The City of Newport Beach would like to know the views of agencies and other interested parties as to the scope and content of the environmental information that is germane to each agency's statutory responsibilities in connection with the proposed project. Due to the time limits mandated by State law, comments on the attached Initial Study will be received from December 13, 2004 through January 11, 2005. Please submit your comments to Stephen Luy at the address shown above. Agencies should provide the name of a contact person with their response. Copies of the Initial Study /Mitigated Negative Declaration are available for public review at the Public Works Department, City of Newport Beach, 3300 Newport Be eva d, Newport Beach, California, 92658 — 8915, (949) 644 -3311. Date: November Signature: Stephen Luy, Associate Civil Engineer Telephone: (949) 644 -3311 Rercrcacc: t alironcl Administrative Cnde. Title 14, (CEQA Guidelines) Sections 15092, subd. (a) and 1? 101. Rcriwd hme 1991. - u NEWPO TLIDO lVIEDICAL�TEP\ 12/10/2004 Mr. Stephen Luy Associate Civil Engineer CITYOFNEWPOBTBEACH 3300 Ne\� port Boulevard Newport Beach, CA 92685 -8915 0 1 RFr.f:"IIIFD , PV,- ►1 351 'Nospitaf Road, �uite 313"' Newport Beach, CA 91663 (949) 645 -0500 Fax (949) 645 -1719 Re: NOTICE OF INTENT TO ADOPY A MITIGATED NEGATIVE DECLARATION Dear Mr. Luy: We are in receipt of the above - referenced notice on the subject of a "Notice of Preparation of a Mitigated Negative Declaration for Newport Boulevard Right Turn Lane at Hospital Road ". As our two medical facilities are located just west of this intersection, we would welcome a new right turn lane at Hospital Road and Newport Boulevard. Our tenants and their patients would benefit greatly from the improved intersection. We are very much in favor of this project. Should you require additional information or wish to contact us, you may do so at 949 -645- 0500. Thank you. Sincerely, 1V�4Y'/'VLfL'LiLUC/1V1 CENTER Madonna Molinari Vice President of Operations MM/DB..vmlltrt ioi2Ja Boler e Engineer �h Arnold Schwarzenegger Governor 9 0 0 STATE OF CALIFORNIA 0 Governor's Office of Planning and Research State Clearinghouse and Planning Unit March 7, 2005 Stephen Luy City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 -8915 Subject: Newport Boulevard Right Turn Lane at Hospital Road SCH #: 2005021010 Dear Stephen Luy: p� Of as'+eo�o� Sean Walsh RECEIVED Director MAR 1 0 Z005 Public Works Department City of Newport Beach The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on March 4, 2005, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the environmental review process. If you have a question about the above -named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, Te R'bber s Director, State Clearinghouse 1460 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 958123044 TEL (916) 445 -0613 FAX (916) 323 -3018 www.oprxa.gov Document Details Report State Clearinghouse Data Baso SCH# 2005021010 Project Title Newport Boulevard Right Turn Lane at Hospital Road Lead Agency Newport Beach, City of Type Neg Negative Declaration Description Widening Newport Boulevard for a 4.3 meter south bound right turn lane and a 5.9 meter graded parkway which requires the deep drainage area on the west side to be graded with a fill slope. The project will also include a drianage ditch that contains less than 0.06 acres of wetlands type vegetation growing along the existing concrete v- ditch. Lead Agency Contact Name Stephen Luy Agency City of Newport Beach Phone (949) 644 -3330 Fax email Address 3300 Newport Boulevard PO Box 1768 City Newport Beach State CA Zip 92658 -8915 Project Location County Orange City Newport Beach Region Cross Streets Newport Boulevard / Hospital Road Parcel No. Township 6S Range 10W Section 28 Base SBBM Proximity to: Highways Airports Railways Waterways Schools Land Use 55, 1 None None Drainage ditch None State Highway/ Major Highway Project Issues Air Quality; Drainage /Absorption; Noise; Toxic/Hazardous; Water Quality; Wetland /Riparian; Wildlife Reviewing Resources Agency; Regional Water Quality Control Board, Region 8; Department of Parks and Agencies Recreation; Native American Heritage Commission; Department of Fish and Game, Region 5; Department of Water Resources; California Highway Patrol; Caltrans; District 12; Air Resources Board, Transportation Projects; Department of Toxic Substances Control Date Received 02/03/2005 Start of Review 02/0312005 End of Review 03/04/2005 Note: Blanks in data fields result from insufficient information provided by lead agency. • 40 0 0 0 ! 0 NUTIGATED NEGATIVE DECLARATION APPENDIX G Environmental Checklist Form Project title: Newport Boulevard Right Turn Lane onto Hospital Road 2. Lead agency name and address: City of Newport Beach 3.300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Contact person and phone number: Bob Stein, Principal Civil Engineer, Public Works Department, (949) 644 -3322 4. 1 Project location: South bound right turn lane on Newport Boulevard at Hospital Road. Project sponsor's name and address: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 6. General plan designation: State Highway/Major 7. Zoning: N/A Hiehway 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Widening Newport Boulevard for a 4.3 meter south bound right turn lane and a 5.9 meter graded parkway which requires the deep drainage area on the west side to be graded with a fill slope. The project will also include a drainage ditch that contains less than 0.06 acres of wetlands type Vegetation growing along the existing concrete v- ditch. envcheckwp i- 12/30/98 -1- 0 9. Surrounding land uses and setting: Briefly describe the project's surroundings: • Surrounding area contains professional and financial buildings. The area immediately adjacent to the proposed construction contains a drainage ditch, roadway, traffic signal lighting, landscaping, irrigation and some native plants species adjacent to the existing concrete v- ditch. The drainage area drains and existing storm drain area over the v ditch to another storm drain area. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) California Regional Water Quality Control Board 401 Water Ouality Standards Certification California Department of Transportation (Cal Trans) California Department of Fish and Game (CDFG) Corns of Engineers 0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project as indicated by the checklist on the following pages. Aesthetics 0 Agriculture Resources 1 Air Quality ' Biological Resources Ei Cultural Resources ❑ Geology /Soils Hazards & Hazardous ' Hydrology / Water Quality E] Land Use / Planning Materials Ei Mineral Resources 1 Noise E] Population / Housing Public Services F, Recreation El Transportation/Traffic eUtilities / Service Systems , Mandatory Findings of Significance cmvchcck.A%pd -t 2130/98 2 0 0 DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ' I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MMGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed. upon the proposed project, nothing further is required. Signature Signature EVALUATION OF ENVIRONMENTAL IMPACTS: 04 Date Date 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, envche6,,.NNpd- 12,30/98 -_- a cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section X VII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance SAMPLE QUESTION Issues: en,check.epd- 12/30/96 -4- 11 9 E I- AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 40 Potentially Less Than Significant Significant with Impact Mitigation Incorporation Less Than No Significant Impact Impact ❑ ❑ J ❑ ❑ ❑ ❑ ❑ ❑ ❑ a) Convert Prime Farmland, Unique Farmland, or El of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? 1 ❑ ❑ b) Conflict with existing zoning for agricultural El El ❑ ' use, or a R illiamson Act contract? c) Involve other changes in the existing El ❑ n , environment which, due to their location or U nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: envchec1,.N %pd -t1% ?0'98 - -5- Potentially Significant Impact d) Interfere substantially with the movement of El native resident or migratory fish or wildlife species or with established native resident or mvcheck.«p i- 12f'30/98 -6- i Less Than Significant with Mitigation Incorporation EJ El El C FBI IM-1 I .1 X Less Than No Significant Impact Impact 1 ❑ ❑ ' ❑ 1 ❑ ❑ 1 ❑ A ❑ a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute El to an existing or projected air quality violation? c) Result in a cumulatively considerable net ❑ increase of any criteria pollutant for which the project re =ion is non - attainment under an applicable federal or state ambient au quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ pollutant concentrations? e) Create objectionable odors affecting a El substantial number of people? IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect,.either El or through habitat modifi cations, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ❑ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of El native resident or migratory fish or wildlife species or with established native resident or mvcheck.«p i- 12f'30/98 -6- i Less Than Significant with Mitigation Incorporation EJ El El C FBI IM-1 I .1 X Less Than No Significant Impact Impact 1 ❑ ❑ ' ❑ 1 ❑ ❑ 1 ❑ A 0 0 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ' protecting biological resources, such as a tree preservation policy or ordinance? fj Conflict with the provisions of an adopted El , Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the ❑ significance of a historical resource as defined in '150645? b) Cause a substantial adverse change in the El ' significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique El El 1 geologic feature? d) Disturb any human remains, including those El El ' interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential ❑ El , substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as El , delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42 ii) Strong seismic ground shaking? ❑ ❑ E ' iii) Seismic - related ground failure, including El El , liquefaction? - envchecic.vTd- 1230198 -7- 0 iv) Landslides? b) Result insubstantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is mutable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 1 S- I -B of the Uniform Building Code (1994), creating substantial risks to life or propern'? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS B Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result. would it create a significant hazard to the public or the environment? Potentially Significant Impact El El El i Less Than Less Than Significant with significant Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ ❑ U 1N' ❑ ❑ ❑ ❑ ❑ ❑ El envchec1 nyd-? 200198 -8- No Impact ❑ e El ❑ e El El 11 11 0 0 J P n Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation e) For a project located within an airport land use ❑ plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss. injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? envchcck "gxi-l: /30/96 ❑ ❑ 1 ❑ ❑ ❑ ❑ ❑ ❑ C In ■❑ ❑ 1 ❑ ❑ 1. ❑ 1 1 ❑ • d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwaier drainage systems or provide substantial additional sources of polluted runoff? f) Othemise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place % wthin a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAWD USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordittance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat consen•ation plan or natural community conservation plan? n L-A Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact Incorporation ❑ ❑ ❑ No Impact ❑ ❑ ❑ 1 ❑ ❑ ❑ 1 e wheck.%.ri- ]?130M -10- 0 0 ❑ Cl ❑ 1 ❑ ❑ ❑ 1 e wheck.%.ri- ]?130M -10- 0 0 0 `J r-I u X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a Imovm mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE B Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? - XII. POPULATION AND HOUSING -- Would the project: envcheck.wpd -1 1�10/98 No Impact J ❑ ❑ ❑ 1 ❑ 40 Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact Incorporation ❑ ❑ ❑ No Impact J ❑ ❑ ❑ 1 ❑ ❑ ❑ ❑ J ❑■ J J El El ❑ J J A 1 ❑ J J A 1 • a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of Potentially Less Than Less Than No Significant significant with Significant impact Impact Mitigation Impact Incorporation ❑ a ❑ ❑ ❑ ❑ ' ❑ ❑ ❑ ' ❑ ❑ ❑ 1 ❑ ❑ ❑ ❑ ❑ ❑ , ❑ ❑ ❑ ' ❑ ❑ ❑ ' ❑ ❑ ❑ 1 ❑ ❑ ❑ a a ❑ ❑ ❑ ❑ 1 ❑ ❑ ❑ 1 envcheck.uW- 12130/98 -12- 0 0 E s 9 recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? �J Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ NEW ❑ ❑ ❑ 1 U L ❑ ❑ , ❑ ❑ ' ❑ ❑ e ❑ ❑ ❑ ❑ envcheckapd -12 ?0/98 -13- ❑ 1 ❑ 0 0 0 envcheck.wtw;- 722/30/98 -14- Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation c) Require or result in the construction of new El ' storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to El El El ' serve the project from existing entitlements and resources. or are new or expanded entitlements needed? e) Result in a determination by the wastewater ❑ treatment provider which serves or may serve the . project that it has adequate capacity to serve the project =s projected demand in addition to the provider =s existing commitments? 0 Be served by a landfill with sufficient ❑ El A pennitted capacity to accommodate the project =s solid caste disposal needs? g) Comply with federal, state, and local statutes El and rettulations related to solid waste? XVII. KkNDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade El El El the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects ❑ ❑ ' which will cause substantial adverse effects on human beings, either directly or indirectly? 0 envcheck.wtw;- 722/30/98 -14- fL • . • ATTACHMENT A EXPLANATIONS I. AESTHETICS I. a) No Impact. The project will have no adverse effect on the scenic vista, since most of the work will be below the existing street level. I. b) No Impact. The project will not damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway, because there are no scenic resources in the area. I. c) No Impact. The project will not degrade the existing visual character or quality of the site and its surroundings since overall changes due to construction are minimal. I. d) No hnoact. The project will not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area since no reflective materials are to be used in the construction. II. AGRICULTURE RESOURCES II. a) No Impact. The Project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use. There is no farmland in the area. II. b) No Impact. The project does not conflict with existing zoning for agricultural use, or a Williamson Act contract. This is not an agricultural use area. II. c) No Impact. The project does not Involve any changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non - agricultural use. This is not an agricultural use area. III. AIR QUALITY III. a) Less Than Significant Impact. The project does not conflict with or obstruct implementation of any air quality plan. Air quality could be impacted by construction equipments or grinding operations. Any pollutants will be from vehicles and they will be strictly regulated as stipulated in section 7 -8.2 of the Standard Specifications for Public Works Construction. III. b) No Impact The project does not violate any air quality standard or contribute substantially to an existing or projected air quality violation. No pollutants will be released on the project. III. c) No Impact. The project does not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Vehicle emissions shall be regulated and there will be no source for any other emissions. III. d) No Impact. The project does not expose sensitive receptors to substantial pollutant concentrations. The site does not contain any pollutants. em¢hccku j-12 /30/99 -15- 0 0 III. c) No Impact. The project does not create objectionable odors affecting a substantial number of people. The site does not contain any pollutants. IV. BIOLOGICAL RESOURCES IV, a) No Impact. No special status wildlife were observed on site nor does the site provide suitable habitat for special status species with reported occurrences in the vicinity of the project. No critical habitat exists on site. Therefore, there is no impact. (Ultrasystems Environmental Biological Assessment Report) California Department of Fish and Game has determined that the project does not substantially adversely affect existing fish or wildlife sources. (See the Department of Fish and game letter dated 4/14/04.) IV, b) Less than significant impact with mitigation. Project implementation would result in minor grading and 511 activities resulting in the loss of primarily non -native vegetation . The proposed project would impact approximately 0.06 acres of stream channels, including 0.02 acres of cattails. This small patch of cattails provides little habitat value, therefore this impact would be considered less than significant (Ultrasystems Environmental Biological Assessment Report). Section XVII a) describes the proposed mitigation for the loss of cattails. The loss of vegetation .would result in the loss of habitat that provides nesting and foraging opportunities for common neighborhood birds. However, similar habitat occurs adjacent to the project site and only avian species were observed, 211 of which are common and opportunistic. Therefore, this impact would be considered less than significant. IV. c) No Impact. The project does not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, veinal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. The Corps of Engineers has determined that the project falls under their jurisdiction under section 404 of the Clean Water Act. However the proposed project complies with terns and conditions of the Corps Nationwide Permit 39: Residential, Commercial, and institutional Developments. Since the project impacts only 0.06 acres of non - wetland waters, less that the 0.10 acres of water of the U.S., the Corp has indicated that a Pre - Construction Notification would not be required. The Corp has stipulated the project can proceed provided the City receives required certification from the State Water Resources Control Board per Section 401 of the Clean Water Act, Water Quality Certification and a post construction notification is submitted to the Corps. IV. d) Less than significant impact. The project does not interfere substantially with the movement of any native. resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. No impacts to wildlife movement are expected as a result of project implementation. The proposed project lies in the midst of urban development and major thoroughfares. Noise levels will increase during excavation activities that could disrupt foraging and nesting activities for local avian species. However, very few wildlife species were observed on or in the immediate vicinity of the project; therefore this impact would be considered to be less than significant There are no resident or migratory fish and provisions have been taken for migratory birds by requiring the construction be performed between July 16'h and March 14th. IV. e) No Impact. The project does not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. There are no biological resources, such as trees within the bulk of the area. IV. 0 No Impact. The project does not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. V. CULTLT.AL RESOURCES V. a) No Impact. The project does not cause a substantial adverse change in the significance of a historical resource as defined in `15064.5. A report submitted by our consultant Ultra Systems Environmental indicates that there are no historical resources in the area. envcheck.ep i -:2 3D/98 -16- 0 0 V. b) No Impact. The project does not cause a substantial adverse change in the significance of an archaeological resource pursuant to `15064.5. A report submitted by our consultant Ultra Systems Environmental indicates that there are no archeological resources in the area. V c) No Impact. The project does not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. A report submitted by our consultant Ultra Systems Environmental indicates that there are no paleontological resources on site. V d) No Impact. The project does not disturb any human remains, including those interred outside of formal cemeteries. This project does not include any excavations of native materials. VI. GEOLOGY AND SOILS VI a) No Impact. The project does not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) No Impact. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. No known fault within project limits. ii) No Impact. Strong seismic ground shaking. No known fault within project limits. iii) No Impact. Seismic- related ground failure, including liquefaction. The ground water table is not known to be sufficiently high to contribute to liquefaction within the project limits. iv) No Impact. Landslides. The area does not have sufficient slopes or differences in elevations to contribute to a landslide. Any fill material will be benched into the existing slope, compacted and landscaped. VI b) No Impact. The project does not result in substantial soil erosion or the loss of topsoil. Areas disturbed during construction will be protected by erosion control measures as required by the construction documents. Most of the area within the project limits has improvements or landscaping that would eliminate any loss of topsoil. VI c) No Impact. The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse. The soil within the project limits is very stable and has never exhibited any of the aforementioned problems. Previous excavation for maintenance related work has shown the soil to be a sandy loam with virtually no clay content. Experience by our maintenance crews have shown such soils lend themselves to excellent compaction with virtually no expansion. VI d) No Impact. The project is not located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994). The soil within the project limits has not exhibited any substantive expansive qualities and will yield good compaction. VI e) No Impact. The project has soils capable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water. All waste waters will be contained in separate waste water drain system and carried off site and not allowed to enter the soils within the project limits. VII. HAZARDS AND HAZARDOUS MATERIALS VII a) No Impact. The project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Hazardous materials will not be used on this project. envche0,.\x}-i- 12/30/98 -17- 0 • VII b) No Impact. The project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Hazardous materials will not be used on this project. VII c) No Impact. The project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. Hazardous materials will not be used on this project. VII d) No Impact. The project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will not create a significant hazard to the public or the environment. VII e) No Impact. The project is not located within an airport land use plan. VII f) No Impact. The project is not located within the vicinity of a private airstrip, and would not result in a safety hazard for people residing or working in the project area. VII g) Less Than Significant Impact. Temporary traffic control measures will occasionally shut down one lane of south bound traffic. In an emergency all lanes will be reopened. The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. VII h) No Impact. The project does not expose people or structures to a significant risk of loss, injury or death involving mvildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. There are not wildlands within the project limits. VIII. HYDROLOGY AND WATER QUALITY VIII a) No Impact. The project will not violate any water quality standards or waste discharge requirements. No water will be discharged from the site during construction. Erosion control measures will be in place while landscape material in growing on slope areas. VIII b) No Impact. The project will not deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which petmits have been granted). The project does not access or make use of ground waters in any way. VIII c) Less Than Significant Impact. The project does not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site. The project will include the addition of a short section of storm drain pipe and the relocation of a concrete "V" trench resulting in an insignificant change to the existing drainage pattern. No erosion or migration of silt will occur due to the minor changes in the drainage course. VIII d) No Impact. The project does not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site. The project is limited to the confines of the original drainage channel and would not appreciably increase the amount of surface runoff. work on the drainage facilities amounts to a minor relocation of existing facilities, so the drainage pattern is unaffected. VIII e) No Impact. The project does not create or contribute runoff water which would exceed the capacity of existing or planned storrrtwater drainage systems or provide substantial additional sources of polluted runoff. No substantial additional runoff waters will be generated by the improvements. en%c)x,cU%pJ- 12/30/98 -18- 0 0 VIII 0 Less Than significant Impact. The project will not substantially degrade water quality. Possible adverse impacts from construction activities will be eliminated by implementation of NPDES measures as required by the specifications. VIII g) No Impact. The project will not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. VIII h) No Impact. The project will not place within a 100 -year flood hazard area structures which would impede or redirect flood flows. No flood flow will be impeded or the drainage course will be insignificantly modified. VIII i) No Impact. The project does not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam The project does not increase the volume of water or retain any significant amounts of water that could pose a threat. VIII j) No Impact. The project would not facilitate inundation by seiche, tsunami, or mudflow. All slopes would be stabilized by vegetation; no vegetation free earthen embankments would be on site. IX. LAND USE AND PLANNING IX a) No Impact. The project would not physically divide an established community, since it is only a modification of the existing facilities. IX b) No Impact. The project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. No affected agencies has indicated any conflict by the project with any applicable land use plan, policy, or regulation. IX c) No Impact. The project does not conflict with any applicable habitat conservation plan or natural community conservation plan. The City has obtained a biological assessment report for the project from Ultrasystems Environmental which indicates that the area does not support any species that may be part of a habitat conservation plan or natural community conservation plan. X. MINERAL RESOURCES X a) No Impact. The project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. No mineral resources are known to be on site. X b) No Impact. The project will not result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. No such sites are in the project limits. XI. NOISE XI a) No Impact. The project will not exposure anyone to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Noise levels on City construction projects are monitored and construction hours are strictly enforced. XI b) No Impact. The project will not expose anyone to generation of excessive groundbome vibration or groundbome noise levels. The project inspector will monitor this project for excessive vibration/noise. This standard construction is not expected to generate excessive amounts of groundbome vibration!noise. XI c) No Impact. The project will not cause a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The project is of limited duration and does not involve the enrchecl npd -12 /30/98 -19- installation of any devices that would generate noise. • XI. d) Less than significant impact. During construction, noise levels, will increase moderately over the ambient noise levels associated with highway traffic on Newport Boulevard and Hospital Road due to the operation of standard construction equipment. City will restrict working hours from 8:00 a.m. to 4:00 p.m. Monday through Friday. XI e) No Impact. The project is not located within an airport land use plan or, within two miles of a public airport or public use airport, and would not expose people residing or working in the project area to excessive noise levels. XI f) No Impact. The project is not within the vicinity of a private airstrip, and would not expose people residing or working in the project area to excessive noise levels. XII. POPULATION AND HOUSING XII a) No Impact. This project will not induce substantial population growth in an area, either directly or indirectly. The construction will facilitate the movement of traffic along existing segments of the roadway only. XII b) No Impact. The project will not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. No housing will be affected. XII c) No Impact. The project does not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. No structures are affected and no one will be displaced from their homes as a result of this project. XIII. PUBLIC SERVICES XIII a) No Impact. The project will not result insubstantial adverse physical impacts associated with the provision i of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construcrion of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services such as police, fire, schools, parks, etc. The project will have no adverse physical impacts and will facilitate access to Hoag Hospital. XIV. RECREATION XIV a) No Impact. The project will not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. There are no park facilities in the immediate area of the project. XIV b) No Impact. The project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. XV. TRA- \SPORTATION/TRAFFIC XV a) No Impact. The project will not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. The project will facilitate the movement of vehicles making a right turn onto Hospital Road from southbound Newport Boulevard: no feeder roadway will be enlarged. XV b) No Impact. The project will not exceed, either individually or cumulatively, the level of service standard established by the county congestion management agency for designated roads or highways. XV c) No Impact. The project will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. envch=k.%kT,i- 1330/9& -20- 0 0 XV d) No Impact. The project will not substantially increase hazards due to a design feature. In fact the project should minimize congestion and maxirnize the radius of the curb return, facilitating the flow of traffic. XV e) No Impact. The project will not result in inadequate emergency access. All construction will occur at the side of the road and the contractor will maintain at least one of the two lanes open to traffic at all times. XV f) No Impact. The project will not result in inadequate parking capacity. No parking is currently allowed in the proposed construction area. XV g) No Impact. The project does not conflict with adopted policies, plans, or programs supporting alternative transportation methods. The project includes construction of a new concrete sidewalk and contains provision for a greater roadway width to include a bike lane. XVI. UTILITIES AND SERVICE SYSTEMS XVI a) No Impact. The project does not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. No wastewater treatment will be required of this project. XVI b) No Impact. The project will not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. XVI c) No Impact. The project will not require or result in the construction of new storm water drainage facilities or expansion of existing facilities. The project only requires a modification of existing facilities. XVI d) No Impact. The project has sufficient water supplies available to serve the project from existing city • facilities and no new or expanded entitlements needed. XVI e) No Impact. The project will not require any wastewater treatment. XVI f) No Impact. The project is served by a landfill with sufficient permitted capacity to accommodate the projects solid waste disposal needs. The bulk of all material from the project, asphalt, concrete, and conduit will be recycled at various facilities. XVI g) Less Than Significant Impact. The project complies with federal, state, and local statutes and regulations related to solid waste. The project specifications stipulate that `Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The contractor shall maintain monthly tonnage records of total solid waste 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." XVIL MANDATORY FINDINGS OF SIGNIFICANCE XVII. a) Less than significant impact with mitigation. The City will create 0.06 acres of wetlands adjacent to the site and re- establish the native grasses disturbed by the construction. The City will also remove non -native vegetation and monitor the site for a period of five years. The re- establishment of the native grasses will mitigate the impact of the existing 0.06 acres disturbed during construction. The proposed project is not likely to adversely affect any special status plant or wildlife species. The project area does not contain any special status plan species. No special status wildlife species were observed on site, nor does the site provide habitat suitable for special status species. Grading shall be clearly marked on site during construction and vegetation removal and a biological monitor shall be present during all activities involved in removal of wetland or riparian vegetation or excavation nwhe k%epd -1 =30/48 -?1- • 0 adjacent to waters of the U.S. to ensure that impacts to wetland and riparian habitat do not exceed the limits of grading. All construction slopes shall be permanently stabilized to prevent post - construction erosion and the discharge of silt. XVII b) The project does not have impacts that are individually limited, but cumulatively considerable. XVII c) The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. RELATED DOCUMENTS Attached are related documents from the following agencies and City consultant. • California Regional Water Quality Control Board Permit Application • Department of Fish and Game Correspondence • Department of the Army Correspondence • Biological Assessment Report by Ultrasystems Environmental • Archaeological and Paleontological Evaluation Report and Mitigation Plan envcheck.�%pd -i'_ %30/96 -22- F�l= ... •f� s.:_y�� 4'41 r_> Name Robert Stein Title k 11 r 2 _+ i A,:� y City /State /Zip Code Newport Beach, CA 92658 Telephone Number 949 644 -3322 Fax Number 949 644 -3308 E -mail Address rstein(@.city.neyTort-beach.ca.us t r.{ California Regional Water Qey Control Board Santa Ana Region Office Address: Phone: (909) 782 -4130 3737 Main Street, S uite 500 Fax: (909) 781 -6288 Riverside, CA 92501 -3348 http://www.swrcb.ca.gox,/rwacbB 401 Coordinator: Adam Fbcher(909) 320 -6363 Instructions: Provide all information on the form that applies to your project. Filling out this jornr is not required; a cover letter that includes this information is acceptable (including all the information describe in this form will expedite the processing of your request). An electronic copy of this form in Word97 /2C %'. or PDF is available at the following website: www. swrcb _ca.gov /rwgcb8/html /401.html. Attach additio:., sheets as necessary. An incomplete application will delay the processing or receipt of the 401 certification. APPLICANT Consultant Name Robert Stein Title Principal Civil Engineer Company City of Newport Beach Address 3300 Newport Boulevard City /State /Zip Code Newport Beach, CA 92658 Telephone Number 949 644 -3322 Fax Number 949 644 -3308 E -mail Address rstein(@.city.neyTort-beach.ca.us AGENT (consultant)* Name Title Consultant Company W.G. Zimmerman Engineering Inc. Address 801 Pacific Coast Hi hwa City/State /Zip Code Seal Beach- CA 90740 Telephone Number 562) 254 -0082 Ext. 17 Fax Number 562 594 -8549 E -mail Address rlbmstPwgze.com *Complete only if applicable FILING FEE* Amount Previousl Paid $500.00. Additional: $1,435.00 Is it attached? X yes X no *Please refer to "Section 401 Water Quality Standards Certification Fee Schedule" to determine fee. PROJECT DESCRIPTIO# "instructions for Filling Out the Water Oualltptandards Certification Application" for types of information needed). Also, please refer to "Contents of a Complete Section 401 Certification Application for any clarification on items required. Project Title: Newport Boulevard Right turn Lane onto Hospital Road Purpose /Goal: Widen Newport Boulevard south -bound right turn lane and construct a 5.9 meter graded parkway. Project Activities: Widening Newport Boulevard for a 4.3 meter south bound right turn lane and a 5.9 meter graded parkway which requires the deep drainage area on the west side to be graded with a fill slope. Is the filVexcavation or dredge activity for which 401 certification is sought part of a larger plan of development? yes X no Proposed Schedule for fill /excavation or dredging activity (ies) (start-up, duration, and completion dates): Start November 1 2004 approximately 60 working days Completion February 2 2005 1 f tll l excavation or dredge activity is plan of development, proposed schedule for that larger development (start-up, duration, and completion dates): Project location (if fill/excavation or dredge activity is part of a plan of development, a map of suitable quality and detail of the entire project site should be included): City or Area Newport Beach County Orange Lon , itude /Latitude 1170 55'41 " W/ 330 37' 32" N Township /Range/Section/Quadrangle T6S, RIOW Sec. 28 Total size of area to be impacted by fill /excavation or dredge activity 0.06 acres 187 linear feet (if appropriate) Total size of entire project area (including larger plan of development, where applicable): RECEIVING WATER* Name of Affected Water body(ies) and type(s) of receiving water body(ies) The proiect site is a deep drainage ditch that contains less that 0.06 acres of wetlands type veoe[ation growin along a concrete V ditch. Is receiving water(s) within the San Jacinto Watershed? _ yes X no MajorTributary(ies) None 0 0 9 11 b. t • FILL/EXCAVATED- AREA Indicate in ACRES and LINEAR FEET (where appropriate) the proposed waters of the United States to be impacted, and identify the impact(s) as permanent and/or temporary for each water body type listed below: Wetland 0 acres of permanent 0 acres of temporary impact 0 linear feet of permanent 0 linear feet of temporary impact Riparian 0 acres of permanent 0 acres of temporary impact 0 linear feet of permanent _0 linear feet of temporary impact Streambed —06 acres of permanent _0 acres of temporary impact 187 linear feet of permanent _0 linear feet of temporary impact Lake 0_ acres of permanent _0 acres of temporary impact 0 linear feet of permanent _0 linear feet of temporary impact Ocean _0 acres of permanent, _0 acres of temporary impact 0 linear feet of permanent 0 linear feet of temporary impact Indicate type(s) of material proposed to be discharged in waters of the United States: The flow quantity and quality will not change from the existing condition. The discharge is not contaminated. Discharge may contain very low concentrations of suspended sediments. DREDGE VOLUME Indicate in CUBIC YARDS the proposed waters of the United States to be impacted. 0 cubic yards Indicate type(s) of material proposed to be discharged in waters of the United States: N/A Note: Dredging generally includes removing sediment in deeper water to increase the depth. Impacts to beneficial uses are best described by the volume ofsedinrent discharged Dredging typically occurs to facilitate navigation and for aggregate extraction in marine waters. FEDERAL PERMIT File \o.(s) (if known) Individual - list Corps control number Nationwide — list permit number No. 200401128 -WJC Does the project require any other Federal Application(s), Notification(s) or Correspondence? yes (attach copy(ies)) X no (attach detailed explanation) CALIFORNI.A ENVIRONMENTAL QUALITY ACT (CEQA) Indicate CEQA document (submit final or draft copy if available *) and Lead Agency: Has the document been certified/approved, or has a Notice of Exemption been filed? No If yes, date of approval/filing: If no, expected approval/filing date: 911/04 If exempt, list section that applies (cite code) and explain exemption: Section 15301, Class 1 (c) *Note: ample time must be provided to the Regional Board to properly review a final cop v of valid CEQA documentation before certification can occur. THREATENED OR ENDANGERED SPECIES Please list the expected impacts and species Is the project within the Stephens' Kangaroo Rat fee area? yes X no Is a Section 7 or 10 Consultation with the U.S. Fish and Wildlife Service necessary? _yes X no Has the U.S. Fish and Wildlife Senice issued a Biological Opinion?, _ yes X no If yes, list date Opinion was issued r` SP 4 ti E 0 1] 0 6t MITIGATION FOR Please identify the pollutants that may be associated with the proposed development. Describe the short- and long -term water quality impacts on the receiving waters and downstream waters that may result from discharge of these pollutants. Please list any beneficial uses (as defined in the Basin Plan) of the receiving water(s) and downstream water(s) that may be lost or impacted through project implementation. What are the proposed mitigation measures to limit impacts on water quality standards in receiving water(s) and also downstream water(s)? List the avoidance or alternative measures considered (if described in CEQA document, please reference page number). Please indicate if no such measures were considered. Project will be conducted under the NPDES SWPPP General Permit. Standard BMP's will be implemented. FILL /EXCAVATION AND DREDGE MITIGATION (Indicate in ACRES and LINEAR FEET (where appropriate) the total quantity of waters of the United States proposed to be created, restored, enhanced and/or preserved for purposes of providing compensatory mitigation and indicate the water body type). Water Body Type Created Restored Enhanced Preserved Streantbed 0.06 Acres Other proposed compensatory mitigation related to fill/excavation and dredge activities (e.g., mitigation banks) (omit if not applicable): How many acres of proposed mitigation area are considered waters of the United States? 0.06 Acres Location of compensatory mitigation site(s) (attach map of suitable quality and detail): City or Area City of Negport Beach County Orange Longitude /Latitude t 17° 66' 4t" W/ 33° 3T 32" N Township/Range T6S. RIOW. Sec. 28 Will a mitigation plan be prepared in accordance with the Army Corps of Engineers' guidelines and submitted to the Regional Board office? Mitigation Plans Attached X yes no CALIFORNIA DEPARTME10F FISH AND GAME (CDFG) STREAMAPALTERATION AGREEMENT Agreement issued _ yes (attach copy) X no Appl% ing for Agreement _ yes (attach copy) X no Exempt X yes _ no If exempt from a Streambed Alteration Agreement, state why See attached letter of April 14 2004 The proiect 11 does not substantially divert obstruct, or channe anvnatural flow or bed, channel, or bank of river, stream or lake or 2) use material from a sreambed, or 3) substantailly adversely effect fish or wildlife resources. Will groundwater dewatering be necessary? , yes X no If so, what is the proposed method of disposal of the dewatered wastewater? Has an N-PDES permit for dewatering discharges to surface waters already been obtained? yes X no Dept atering permit number COASTAL DEVELOPMENT PERMIT Penuit issued _ yes (attach copy) X no Applying for permit yes (attach copy) X no Exempt X yes w no If exempt from a Coastal Development Permit, state why Brietly describe any projects carried out in the last 5 years or planned for implementation in the next 5 years that relate in any way to the proposed activity or may impact the receiving body of water: Include estimated adverse impacts. t �.. J 9 9 0 E STORM WATER PERMIT STATUS" Obtained storm water permit _ yes X no Filed Notice of Intent with the SWRCB _ yes X no _ date Prepared Storm Water Pollution Prevention Plan (SWPPP) _yes X no If you believe that a Storm Water permit is not necessary, state why Cin- will file an Notice of Notice of Intent once contract is awarded Contractor winning this conrract will prepare S.W P P P Please list (Best Management Practices) BMPs that will be used to minimize impacts to water quality standards (i.e., water quality and beneficial uses) during and after construction. Erosion control fences controlled areis for cleaning and rinse down operatiuons capture or vacumm- up water contaminated debris Please discuss BMP maintenance and monitoring activities and duration, including the party(ies) responsible for long -term maintenance of any BMP installed. If maintenance and monitoring will be provided through another agency /party, submit a letter from that agency /party demonstrating that an agreement for such long- term maintenance/monitoring has been or will be reached. Contractor will initiate and maintain B.M P s under inspection by City staff If project is a new development within the San Jacinto Watershed (i.e., coverage under S WRCB's general permit not obtained prior to January 19, 2001) coverage under Order No. 01 -34 "Watershed -wide Waste Discharge Requirements for Storm Water Discharges Associated with New Developments in the San Jacinto Watershed" is required. Please visit our website at htto: / /Nvww.swrcb.ca.gov /rwgcb8/ and click on the "Adopted Orders" button or go directly to the "Adopted Orders" web page at http://www.swrcb.ca.9 ovhwgeb8/html/ado tamed orders html for more information on the Regional Board's Order-No. 01 -34 "Watershed -wide Waste Discharge Requirements for Storm Water Discharges Associated with New Developments in the San Jacinto Watershed ". To view a map of the San Jacinto Watershed, please visit ht to:// www. swreb .ca.gov /rwocbg/html /sanJacinto %vatershed.html. Applicant's Signature (or Agent) • {t ?)-3\-04_ Date California JW-Tonal Water QualityWintrol Board Santa Ana Region . Terry Ta mminen 3737 Main Street, Suite 500, Riverside, Cahfomia 92501 -3348 Secrern or Arnold Schwarnen O'f (9St)782 -0I .S• b. r9St)78rb288 Governor Envirotmrentn( hup:ffwawswrcbsa.govhwgcb8 Protection August 16, 2004 Bob Stein Public Works Department City of Newport Beach 3300 NeN%Wrt Boulevard PO Boa 1768 Newport Beach, CA 92659 -8915 RECEIVED AUG l J 2004 'UBMWOAKSDEPAMENT MYOFNFWPORTg_cACN NOTIFICATION OF INCOMPLETE APPLICATION FOR 401 WATER QUALITY STANDARDS CERTIFICATION FOR THE PROPOSED NEWPORT BLVD. FIGHT TURN LANE TO HOSPITAL ROAD, CITY OF NEWPORT BEACH: FILE NUMBER 302004- 20 -APF Dear Mr. Stein: Thank you for your submittal, received on August 6, 2004. Regional Board staff considers your application to be for a Clean Water Act Section 401 Water Quality Standards Certification (Certification). After reviewing the submitted items, Regional Board staff has determined that your application is incomplete for the following reason(s): X Application form is not completely filled out. r A UL technically - accurate description, including the purpose and final goal of the entire activity [23 CCR Section 3856(b)]. F- Complete project description [23 CCR Section 3856(h)]. F- Identification of the federal license/permit (ie. agency, type, NVVrP number, file rnm3ber) [23 CCR Section 3856(c)]. F- Copies of federal application, notifications, agency- applicant correspondence, or signed statement that noire is applicable [23 CCR Section 3856(d)j. Copies of any final or (if not final) draft federal, state, or beat licenses, F- permits, or agreements concerning the project (ie. ACOE and/or Strearrtbed Alteration Agreement). If none are available, a list of those being sought [23 CCR Section 3856(e)]. California Environmental Protection Agency r' t 2d Recycled NoVer E i City of Newport Beach - 2 - August 16, 2004 Newport Blvd. Right Turn F- A correct fee deposit (typically $500) [23 CCR Section 3856(g)]. A draft or final CEQA document [23 CCR Sec. 3856(01. Note: Per the Permit X Strearnkting Act, final CEQA documentation cannot be required for a complete application; however, a final documentation must be reviewed before taking In relation to the above, the following issues must be addressed in order to determine whether or not certification can be issued: 1) The application form used is for authorization to discharge dredge or fill according to the terms and conditions of Water Quality Order No, 2004- 004 -DWQ. Order No. 2004 - 004 -DWQ is only applicable for discharges of dredge or fill to waters deemed by the U.S. Army Corps of Engineers (Corps) to be outside of their jurisdiction. The letter from the Corps, enclosed with your application, states that the affected water body is within their jurisdiction. Therefore, authorization to discharge will occur through the issuance of a Certification. Although your application largely satisfies reporting requirements, please complete and submit the enclosed application for Certification for clarification in our records. 2) Fees for Certifications are assessed on a $500 base fee plus the greater of linear feet or acreage of impacts to waters of the State. Based on 187 linear feet of impact, the total fee due is $1,435. Please understand that it is your responsibility to submit any requested information in a timely manner. The review period starts only after the receipt of a complete application as defined in the California Code of Regulations, Title 23 §3856 as outlined above. Additional information may be requested in order to provide for a thorough review of your project: When submitting future materials related to this application, please reference the project name and file number shown in the subject line above. If you have any questions, please do not hesitate to contact me at (951) 320 -6363 or via electronic mail at afischer@rbS.swrcb.ca.gov. Sincerely, Adam P. Fischer 401 Certification Coordinator Enclosure cc (w /o enclosure): US Army Corps of Engineers, Los Angeles Office APF:401 /Newport blvd rt tum- 0 California Environmental Protection Agency li id Recycled Pope, State of California - The Arces Agency 40.,40LD SCHWARZENEGGER, Governor ,. DEPARTMENT OF FISH AND GAME http: / /www.dfg.ca.gov x- 4949 Viewridge Avenue'L San Diego, CA 92123aM w (858) 467 -4201 APR [![! April 14, 2004 C, iCrl� sat'C��• Mr. Rich Edmonton City of Newport Beach Public Works Department Newport Beach, California 92658 Notification of Proposed Lake or Stream Alteration No. 1600 - 2004 - 0147 -R5 (Your ref.: Newport Boulevard Right Turn Lane at Hospital Road Project) Dear Mr. Edmonston: This letter is in response to the Streambed Alteration Notification Package (No. 1600- 2004- 0147 -R5) that you submitted to the Department of Fish and Game (Department) for the Newport Boulevard Right Tom Lane at Hospital Road Project, impacting an Unnamed Creek Channel. The project site is located at the northwest corner of Newport Boulevard and Hospital Road, in the City of Newport Beach, County of Orange. The project proposes the widening. of Newport Boulevard to provide for a 4.3 meter southbound right -turn lane, resulting in the realignmeht of an existing concrete /earthen drainage and reinforced concrete pipe to provide for drainage at the bottle of the new fill and cut slopes. The project will impact approximately 0.06 acre of stream channel, of which approximately 0.02 acre are impacts to native riparian vegetation consisting of cattails (Typha domingensis). All work will be completed outside of the breeding/nesting season (March 15 -July 15); unless a qualified biologist conducts a survey for nesting birds within three days prior to the work in the area, and ensures no nesting birds shall be impacted by the project. No significant biological impacts are anticipated. Based on the Department's review of the information you submitted, the Department has determined that a Streambed or Lake Alteration Agreement is not required for your project or activity because the project or activity 1) does not substantially divert, obstruct, or change and natural flow or bed, channel, or bank of a river, stream, or lake, or 2) use material from a streambed, or 3) substantially adversely effect existing fish or wildlife resources. As a result, you may begin your project or activity if you have obtained all other necessary permits. If the project or activity changes from that stated in the notification package above, a new notification shall be submitted to the Department of Fish and Game. Nothing in this letter authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local • laws or ordinances. This letter does not constitute and Department's endorsement of the Mr. Rich Edmonston • April 14, 2004 Page 2 proposed project or activity, or assures the Department's concurrence with permits required form other agencies. If you have any questions regarding this matter, please feel free to contact me at (858) 637 -5510. Sincerely, ��11p �} (Y, L.r�"iJ1 j Donna L. Cobb Environmental Scientist Habitat Conservation Planning, Region 5 cc: Ms. Jennifer Weiland, UltraSystems Environmental E DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORN04 900532325 June 10, 2004 RMYTa A'M 10N OF: Office of the Chief Regulatory Branch Ultrasystems Environmental, INC Attention: Jennifer Weiland 100 Pacifica, Suite 250 Irvine, Cali forma 92618 Dear Ms. Weiland: RECEIVED Jlr.'� - • LuL�y ULT1W'YSTLM5 ENVIRONMENTf,L. keference'is made to your letter (No. 20D401128 -W-JC) dated February -10, 2004, for a Department of the Army Permit to dredge and fill 0.037 -acre of waters of the United States by expanding the right Iane of Newport Blvd at the northwest corner of Hospital Road and Newport Blvd. (A 8.6 feet wide by 187 linear feet area of permanent impacts), in an unnamed tributary to the Newport Bay in Newport Beach, Orange County, Califorrda. Based on the information furnished in your letter, we have determined that yo zr Proposed project does discharge dredged or fill material into a water of the United States or an adjacent wetland. Therefore, the project is subject to our jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is required from our office. The proposed project complies with the terms and conditions of our Nationwide Perndt (NWT') 39: Residential, Commercial, and Institutional Developments. Since your proposed project impacts of 0.037 -acre of non - wetland waters of the U.S. is not great-2r than 0.10 acre of waters of the U.S. a Pre - Construction Notification (PCN) will not be required. Therefore, your projects is verified to commence, provided you have received the required certification from the State Water Resource CQntrO) Broad Section 401 o_' the Clean Water Act, Water Quality Certification. Pursuant to NWP 39(i) a post construction notification shall be submitted within 30 days post construction with th following information: (1) The name, address, and telephone number of the permitte_; (2) The location of the work; (3) A description of the work; (4) The type and acreage of the loss of waters of the U.S.; (5) The type and acreage of any compensatory mitigation used to offset the loss of waters of the U.S. l__ J 11 r I s If you have any questions, please contact James Chuang of my staff at (213) 452 -3372. incerely, Mark Durham Chief, South Coast Section Regulatory Branch 0 9 • 0 BIOLOGICAL ASSESSMENT REPORT FOR THE NEWPORT BLVD RIGHT TURN LANE AT HOSPITAL ROAD CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA June 2004 Prepared for W.G. ZIMMERMAN ENGINEERING, INC. 801 Pacific Coast Highway, Suite 200 Seal Beach, California 90740 (562) 594 -8589 Prepared by: ULTRASYSTEMS ENVIRONMENTAL 100 Pacifica, Suite 250 Irvine, California 92618 (949) 788 -4900 (949) 788 -4901 (fax) www. ultrasystems. Qom BIOLOGICAL ASSESSMENT 1.0 INTRODUCTION The purpose of this biological assessment is to provide technical information and to review the proposed project in sufficient detail to determine to what extent the proposed project may affect threatened, endangered, or proposed species. The biological assessment is prepared in accordance with legal requirements found in Section 7 (a)(2) of the Endangered Species Act (16 U.S. C 1536(c)) and with Federal Highway Administration and California Department of Transportation regulation, policy and guidance. 1.1 Project Background And Description The City of Newport Beach Public Works Department's is proposing an intersection improvement project, which involves construction of a right -turn at the northwest corner of Newport Boulevard and Hospital Road (proposed project). The proposed project site lies within the California Department of Transportation (Caltrans) right -of -way; therefore, the proposed project shall be constructed in accordance with Caltrans Standard Specifications, dated July 1999, and Caltrans Standard Plans, dated July 1999. The project consists of widening Newport Boulevard to provide for a 4.3 meter (14.1 -foot) southbound right -turn lane (with curb and gutter) and a 5.9 meter (19.4 -foot) graded parkway area which requires the deep drainage area on the west side of Newport Boulevard to be graded with a fill slope for most of the area along with a small amount of cut slope at the southerly end near Hospital Road and along the Caltrans right -of -way line. The existing concrete ditch and reinforced concrete pipe (RCP) drain pipe in the deep drainage area will be realigned and reconstructed to provide for drainage at the bottle of the new fill and cut slopes. The regarded area will be hydroseeded at the end of the project to provide for slope stability and erosion control. Additionally, the curb return and traffic signals at the northwest corner of Newport Boulevard and Hospital Road will be reconstructed to provide for the widened right -turn lane. Detailed construction drawings can be found in Appendix A (Construction Drawings). The area to receive biological analysis is approximately 213 meters by 27 meters (90 feet by 700 feet) in size on the west side of Newport Boulevard, adjacent to the existing roadway. 1.2 Project Location The project site is located in western Orange County, in the City of Newport Beach; see Figure 1 (Regional Location Map). The project site is depicted on the U.S. Geologic Survey (USGS) 7.5- minute series topographic quadrangle Newport Beach' (Township 6 South, Range 10 West, northeast quarter of the northwest quarter of Section 28, 330 37' 32" N, 1171 55' 41" W); see Figure 2 (Topographic Map). Specifically, the project site is located at the northwest comer of Newport Boulevard and Hospital Road and involves an area approximately 20 meters wide by 240 meters long (65 feet wide by 787 feet long) consisting of the area from the Newport Boulevard southbound traffic lane to the Caltrans west right -of -way line and from 5 meters north of the centerline of Hospital Road to 240. meters (787 feet) northerly; see Figure 3 (Local Vicinity Map). This property is generally bounded on the east and south by residential properties and on the west and north by public facilities (health care). '/ Newport Beach, California Topographic 7.5- minute Series Quadrangle Maps. Source: All Topo Maps. Contact ]GAGE Mapping Corporation, P.O. Box 58596, Salt Lake City, UT 84158 -9912. Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (w.G. Zimmerman) Page 2 of16 BIOLOGICAL ASSESSMENT Newport Blvd.. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 3 of16 a 11 11 11 11 E 0 BIOLOGICAL ASSESSMENT 117°56'.00" W V-V!3SE34 117055'00" W Jj Off- 0 MU CD N1 �filq 0 VI., i-E lft-7 -7— 'a 2NO IN I-S 7 Z At. kN, rWK °37-32--ITA:I-MY41" GA NJILI � NINE BOOM, MIX -mg U 0 I-,- M-N (Y) 7r -f— z:811 5R.; 1170,SV00" W WGS84 1.1705500" W TH IlIvIN 0-1 1 F112 14'11 LE i 0 1000 FEET 0 SOOm 1000m frnd6dfiom'-TOPO[6f99.P IOdf)ow fF ohs V/WW.t roiiucii bpoxonx) Figure 2 Topographic Map Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 4 of16 BIOLOGICAL ASSESSMENT 0KA4W 1711 51 a r! 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TLr�l +' Exhibit 3 Local Vicinity Map r 1 �J C 0 Newport Blvd, at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page of16 El 0 0 0 BIOLOGICAL ASSESSMENT 1.3 Project Proponent W.G. Zimmerman Engineering, Inc., under the authority of the City of Newport Beach Public Works Department, and in compliance with federal and State regulatory requirements, will be the contractor undertaking the proposed action. The contact information is as follows: W.G. Zimmerman Engineering, Inc. 801 Pacific Coast Highway, Suite 200 Seal Beach, CA 90740 Point of Contact: Bob A. Warren, Project Manager Phone: (562) 594 -8589 Fax: (562) 594 -8549 2.0 SUMMARY OF CONSULTATION TO DATE The United States Fish and Wildlife Service (USFWS) was consulted to obtain a species list of sensitive or federally listed species with the potential to occur on or immediately adjacent to the project site. Based on the information provided to the USFWS (site photos and specific project location), it was determined that the project area does not appear to support any sensitive or federally listed species .2 A copy of the USFWS correspondence /determination can be found in Appendix B (Agency Consultation). Consultation with the Army Corps of Engineers (Corps) and the California Department of Fish and Game (CDFG) was initiated because there is a drainage ditch on site (containing cattails) subject to both agencies' jurisdiction. The Corps reviewed the proposed project' and determined that it does discharge dredged or fill material into a water of,the United States or an adjacent wetland (see Appendix B, Agency Consultation, for a copy of the Corps determination letter). Therefore, the project is subject to Corps jurisdiction under Section 404 of the Clean Water Act, and since the proposed project complies with the terms and conditions of Nationwide Permit No. 39, and the impacts are less than 0.10 acre of water of the U.S., a pre - construction notification will not be required. However, prior to the commencement of construction, the proposed project will need to be certified (Water Quality Certification) by the State Water Resource Control Board under Section 401 of the Clean Water Act. CDFG reviewed the proposed project" and determined that a Streambed or Lake Alteration Agreement is not required because the project 1) does not substantially divert, obstruct, or change the natural flow or bed, channel, or bank of a river, stream, or lake, or 2) use material from a streambed, or 3) substantially adversely effect existing fish or wildlife resources (see Appendix B, Agency Consultation, for a copy of the CDFG determination letter). z/ Snyder, Jonathan, 2004. Personal communication. USFWS, Carlsbad, California. March 2, 2004, 3/ Army Corps of Engineers. June 10, 2004. (Letter to Ms. Jennifer Weiland, UltraSystems Environmental, 100 Pacifica, Suite 250, Irvine, CA 92618), Subject: Corps Jurisdiction of the Proposed Project Newport Blvd. at Hospital Road. °/ California Department of Fish and Game. April 14, 2004. (Letter to Ms. Jennifer Weiland, UltraSystems Environmental, 100 Pacifica, Suite 250, Irvine, CA 92618). Subject: Notification of • Proposed Lake or Stream Alteration No. 1600 -2004- 0147 -R5 (Newport Blvd. Right Turn Lane at Hospital Road). Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 6 of16 0 0 BIOLOGICAL ASSESSMENT 3.0 SPECIAL STATUS SPECIES For the purpose of this BA, the terms "Listed Species" and "Candidate, Sensitive, and Species of Concern" are defined as species that are: LISTED SPECIES Listed or proposed for listing as Threatened (FT, FPT) or Endangered (FE, FPE) under the federal Endangered Species Act (federal ESA) (50 CFR 17.11 [listed animals] and 50 CFR 17.12 [listed plants], and various notices in the Federal Register for proposed species); and Listed by the State of California as Threatened (ST) or Endangered (SE) under the California Endangered Species Act (CESA) (14 CCR 670,5). CANDIDATE, SENSITIVE, AND SPECIES OF CONCERN • Federal Candidates for listing as Threatened or Endangered (FC) under the federal ESA (58 FR 188: 51144 - 51190, September 30, 1993); • Fully protected (FP) animals in California (CDFG Code, Sections 3511 [birds], 4700 [mammals], and 5050 [reptiles and amphibians]; • Federal Species of Concern (FSC) or California Species of Special Concern (CSC); • Plants listed as rare under the California Native Plant Protection Act of 1977 (California Fish And Game (CDFG) Code, Section 1900 et seq.); • Plants considered by California Native Plant Society (CNPS) to be "rare, Threatened, or Endangered in California (generally Species from CNPS Lists 1B and 2), and The species considered in this document are presented in Table 1 (Listed, Candidate, Sensitive, and Species of Concern Species Potentially Occurring in the Project Area). TABLE 1 LISTED, CANDIDATE, SENSITIVE, AND SPECIES OF CONCERN SPECIES POTENTIALLY OCCURRING IN THE PROJECT AREA Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page .7 of16 11 E J Ll BIOL OGICA L ASSESSMENT TABLE LISTED, CANDIDATE, SENSITIVE, AND SPECIES OF CONCERN SPECIES POTENTIALLY OCCURRING |0 THE PROJECT AREA Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 ^G. Zimmerman) Page 8 of16 salt marsh bird's- Cordylanthus FE Occurs in coastal salt marsh A beak maritimus ssp. SE and coastal dunes- Limited to maritimus CNPS the higher zones of the salt 1 B marsh habitat. Elevation range: period: May — October. San Diego fairy Branchinecta FE Endemic to San Diego and A shrimp sandiegonensis Orange County mesas. Requires vernal pools. California black rail Laterallus FSC Mainly inhabits salt-marshes A jamaicensis ST bordering larger bays. coturniculus Occurs in tidal salt marsh heavily grown to pickleweed; also in fresh-water and brackish marshes, all at low elevation. light-footed clapper Rallus longirostris FE Found in salt marshes A rail levipes SE traversed by tidal sloughs, where cordgrass and pickleweed are the dominant vegetation- Requires dense growth of either pickleweed or cordgrass for nesting or escape cover; feeds on mollusks. California least tern Steme antillarum FE Nests along the coast from San A browni SE Francisco bay south to northern Baja California. Colonial breeder on bare or sparsely vegetated, flat substrates: sand beaches, alkali flats, landfills, or paved areas. Belding's savannah Passerculus SE Inhabits coastal salt marshes, A sparrow sandwchens,s from Santa Barbara south beldingi through San Diego County. Nests in salicornia on and Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 ^G. Zimmerman) Page 8 of16 BIOLOGICAL ASSESSMENT TABLE 1 LISTED, CANDIDATE, SENSITIVE, AND SPECIES OF CONCERN SPECIES POTENTIALLY OCCURRING IN THE PROJECT AREA Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 9 ofl 6 11 ..... ..... polioptila FT Obligate, permanent resident of A coastal California gnatcatcher californica CSC coastal sage scrub below 2500 califomica ft in Southern California. Inhabits coastal sage scrub in and washes, on mesas & slopes. Not all areas classified as coastal sage scrub are occupied. western snowy Charadrius FT Federal listing applies only to A plover alexandrines CSC the nesting pacific coastal nivosus population. Inhabits sandy beaches, salt pond levees & shores of large alkali lakes. Needs sandy, gravelly or friable soils for nesting. 0"M W� MANDIDATE S, SITI�VEOANWSPECIEWOF` GONGERNA . . . . . . . . . . . MN 'N 7 "LAN, T& chaparral send- Abronia villose CNPS Inhabits chaparral and coastal A verbena var. aurita 1B scrub habitats. Requires sandy areas. Elevation range: 80- 1600 m (262 — 5250 fl). Blooming period: January to Auaus . aphanisma Aphanisma CNPS Occurs in coastal bluff scrub, A blitoides 1B coastal dunes, and coastal scrub. Found on bluffs and slopes nearthe ocean in sandy or clay soils. In steep decline on the islands and the mainland. Elevation range: 1- 305 m (3 — 1000 ft.). Blooming period: March to June. Coulter's saltbush AtriPlex coulteri CNPS Occurs in coastal bluff scrub, A 1 B coastal dunes, coastal scrub, valley, and foothill grassland. Found on ocean bluffs, ridgetops, as well as alkaline low places. Elevation range- 10 — 440 m (32 — 1440 feet). Blooming period: March to October. Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 9 ofl 6 11 E ® 0 BIOLOGICAL ASSESSMENT TABLE 1 LISTED, CANDIDATE, SENSITIVE, AND SPECIES OF CONCERN SPECIES POTENTIALLY OCCURRING IN THE PROJECT AREA Common Name 'rScrentlfrc N ma e. tatusGQneral Habifa D scnpton Habitat st.'' =.Etl. r,,,'c �°0� -�s�.y ry•• _.,y }.v�$ �� � ;„,� tP1p). �L South coast Atriplex pacifica CNPS Occurs in coastal scrub, coastal A saltscale 1 B bluff scrub, playas, and chenopod scrub. Requires alkali soils. Elevation range: 1 — 500 m (3 — 1640 ft). Blooming per iod: March to October. Davidson's saltscale Atriplex serenana CNPS Occurs in coastal bluff scrub, A var. davidsonii 1 B and coastal scrub. Requires alkaline soil. Elevation range: 3 -250 m (9 — 820 ft). Blooming period: April to October. southern tarplaht Centromadia CNPS Inhabits marshes and swamps A parryi ssp. 1 B (margins), valley and foothill australis grassland, vernal pools. Found from Southern California and Baja California. Often found in disturbed sites near the coast; also in alkaline soils sometimes with saltgrass also vernal pools. Elevation range: 0 — 425 m (0 — 1390 ft). Blooming period: May to November. many- stemmed Dudleya CNPS Found in chaparral, coastal A dudleya multicaulis 1 B scrub, valley and foothill grassland. Endemic to southern California. Grows in heavy, often clayey soils or grassy slopes. Elevation range: 0 — 790 m (0 — 2590 ft). Blooming period: Aril to June. Los Angeles Helianthus nuttali i CNPS Occurs in marshes and A sunflower ssp. parishii 1A swamps (coastal salt and freshwater). Historical from southern California. Elevation range: 5 — 1675 m (16 — 5500 ft). Blooming period: August to October. Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 10 of16 0 BIOLOGICAL ASSESSMENT TABLE 1 LISTED, CANDIDATE, SENSITIVE, AND SPECIES OF CONCERN SPECIES POTENTIALLY OCCURRING IN THE PROJECT AREA orn om nP Na �ctentifie Nam Status enerafNabltat Descnptlon ablfat u� k Coulter's goldfields Lasthenia glabrata CNPS Inhabits coastal salt marshes, A ssp. coulteri 1 B playas, valley and foothill grassland, and vernal pools. Usually found on alkaline soils in playas, sinks, and grasslands. Elevation range: 1 — 1400 m (3 — 4590 ft). Blooming period: February to June. Robinson's pepper- Lepidium CNPS Inhabits chaparral and coastal A grass virginicum var. 1 B scrub. Requires dry soils, robinsonii shrubland. Elevation range: 1- 945 m (3 — 3100 ft). Blooming period: January to July. mud nama Nama CNPS 2 Found in marshes and A stenocarpum swamps. Inhabits lakeshores, riverbanks, and intermittently wet areas. Elevation range: 5 — 500 m (16 — 1640 ft). Blooming period: January to July. prostrate navarretia Navarretia FSC Occurs in coastal scrub, valley A prostrata CNPS and foothill grassland, and 1 B vernal pools. Requires alkaline soils in grassland, or in vernal pools. Elevation range: 15 — 700 m (49 — 2300 ft). Blooming period: Aril to July- coast woolly -heads Nemacaulis CNPS Found in coastal dunes. A denudata var. 1 B Elevation range: 0 — 100 m (0 denudata — 328 ft). Blooming period: April to September. estuary seablite Suaeda esteroa CNPS Inhabits marshes and swamps. A 1 B Requires coastal salt marshes in clay, silt, and sand substrates. Elevation range: 0 — 5 m (0 — 16 ft). Blooming period: July to October. Newport Blvd. at Hospital Road Biological Assessment June 2004. 5181 (W.G. Zimmerman) Page 11 of16 1 11 BIOLOGICAL ASSESSMENT TABLE 1 LISTED, CANDIDATE, SENSITIVE, AND SPECIES OF CONCERN SPECIES POTENTIALLY OCCURRING IN THE PROJECT AREA Common Name ��Sclentifie�`Name ' yStatus '� General'' l;�abtfa ®escnptlon ���r Habitat ks Prey California Ttyonia imitator Locally Inhabits coastal lagoons. A brackishwater snail importan estuaries and salt marshes, t from Sonoma County south to San Diego county. Found only in permanently submerged areas in a variety of sediment types; able to withstand a wide range of salinities. monarch butterfly Danaus plexippus Locally Winter roost sites extend along A importan the coast from northern I Mendocino to Baja California, Mexico. Roosts located in wind- protected tree groves (eucalyptus; monterey pine, cypress), with nectar and water sources nearby. coast (San Diego) Phrynosoma CSC Inhabits coastal sage scrub and A horned lizard coronatum chaparral in and and semi -arid (blainvillei) climate conditions. Prefers friable, rocky, or shallow sandy soils. Absent [A] means no further work needed. Present [P] means general habitat is present and species may be present. 3.1 Critical Habitat The action addressed within this BA does not fall within Critical Habitat for any species. 4.0 STUDY METHODOLOGY Literature Review UltraSystems reviewed available literature to identify any special status plants, wildlife, or communities known from the vicinity of the project site. The review included California Native Plant Society (CLAPS) Inventory of Rare and Endangered Plants' and the California Department '/ M.W. Skinner and B.M. Pavlik, eds. 2001. Inventory of Rare and Endangered Vascular Plans of California. — Electronic Inventory. Sacramento, CA: California Native Plant Society. Available at: http://w�nnv.northcoast.com/—cnps/cai-bin/cnps/sensinv.cqi. Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 12 of16 0 0 BIOLOGICAL ASSESSMENT of Fish and Game's (CDFG) California Natural Diversity Database (CNDDB)s for the Newport Beach 7.5- minute series topographic quadrangle. The results of the literature review indicate the potential occurrence of 16 special status plants species, 2 of which are listed; and 10 special status wildlife species, 7 of which are listed. Table 1 presents a compilation of the special status species known from the region and summarizes their agency status designations, habitat requirement, and whether or not suitable habitat exists within the proposed project site. Field Reconnaissance UltraSystems biologist (Ms. Jennifer Weiland) conducted a general biological assessment of the project site to determine whether special status species would be affected by the proposed project. The site assessment was conducted on February 6, 2004, from approximately 7:30 a.m. to 8:30 p.m. The weather on the survey date can be characterized as cool temperature of about 55° F; scattered clouds; zero precipitation; and slightly breezy. A jurisdictional determination was conducted on March 23, 2004, from approximately 11:30 a.m. to 2:00 p.m. The weather on this survey date can be characterized as cool temperature of about 61° F; scattered clouds; zero precipitation; and slightly breezy. Botanical Surveys Botanical surveys consisted of general searches over the subject property. Plants identified in the field were recorded in field notes to the lowest taxonomic level possible. Plants not recognized in the field were collected and subsequently identified from keys, descriptions and illustrations in the Jepson Manual .7 Wildlife Surveys General surveys for amphibians and reptiles included pedestrian surveys over the entire site by walking meandering transects searching for surface- active diurnal species. Birds were identified both visually and aurally. Techniques used to determine the presence of mammals included using active searches for diurnal species, and identifying diagnostic mammal sign (i.e., scat, tracks, prey remains, dust bowls, burrows, and trails). Jurisdictional Determination The drainage ditch that bisects the subject property was measured — total length and average width — and characterized in sections, such as cement -lined "v- cinch" or natural- bottomed drainage to determine extent of jurisdiction of the regulatory agencies. 5.0 ENVIRONMENTAL SETTING The existing conditions described below include general site characteristics and the plant and wildlife species present. Appendix C contains an aerial and site photos that depict the current condition of the site. e/ California Department of Fish and Game (CDFG), November 3, 2003. Rarefind 3: A Database Application for the Use of the California Department of Fish and Game Natural Diversity Base. Version 3.0.3. Sacramento, CA: California Department of Fish and Game. 71 J. Hickman (editor). 1993. The Jepson Manual: Higher Plants of California. University of California Press, Berkeley, California. Newport Blvd. at Hospital Road Biological Assessment June 2004 6181 (W.G. Zimmerman) Page 13 of16 11 • • • BIOLOGICAL ASSESSMENT The site is located at an elevation of approximately 7.6 meters (25 feet) above mean sea level. The site does not contain any native plant communities; rather, it is collection of non - native and /or ornamental plantings with a few native species interspersed. The dominant ground cover is hotentot fig (Carpobrotus sp.). The herb layer includes ivy (Hedera sp.). The shrub /tree layer includes cape honeysuckle (Tecoma capensis), pine trees (Pines sp.), palm trees (Washingtonie sp.), and eucalyptus trees (Eucalyptus sp.). No special status plant species were observed on site. The site lacks suitable habitat or is out of the known range for all of the above referenced plant species (Table 1). The subject property is bisected by a drainage, which totals 557 linear feet, 370 linear feet of which is a concrete lined V -ditch (4.5 feet wide). The remaining portion, 187 linear feet (average width of 8.6 feet), is natural- bottomed. A few sparse patches of cattails (Typha domingensis) and one stand of pampas grass (Cortaderia sp.) are growing in this section of the drainage. This drainage collects irrigation run -off from the medical facilities /housing immediately west of the subject property, and receives storm -water run -off from the roadway that runs along the east boundary. No special status wildlife species were observed at suitable habitat or is out of the known range for all (Table 1). The wildlife species observed /detected brachyrhynchos), black phoebe (Sayornis nigricans), Anna's hummingbird (Calypte anna). 6.0 EFFECTS 6.1 Direct Impacts 6.1.1 Vegetation the time of the site visit. The site lacks of the above referenced wildlife species on site include, American crow (Corvus house finch (Carpodacus mexicanus), and Project approval and implementation would result in minor grading and cut and fill activities to accomplish meet the objective of the intersection improvement project. This would result in the loss of primarily non - native vegetation that occurs on the project site, which would be considered less than significant since this habitat type provides little value to wildlife. Grading and cut and fill activities would impact the dirt- bottom stretch of drainage that contains cattails. However, the one small patch of cattails present provides little habitat value, therefore this impact would be considered less than significant. 6.1.2 Wildlife The loss of the vegetation described above would result in the loss of habitat that provides nesting and foraging opportunities for common neighborhood birds. Loss of wildlife and wildlife habitat is an adverse impact. However, similar habitat occurs adjacent to the project site, and only avian species were observed, all of which are common and opportunistic. Therefore, this impact would be considered less than significant. 6.1.3 Special Status Plants No special status plants were observed on site; therefore, there is no impact. Newport Blvd. at Hospital Road Biological Assessment June 200d 5181 (W.G. Zimmerman) Page 14 of16 0 0 BIOLOGICAL ASSESSMENT 6.1.4 Special Status Wildlife No special status wildlife were observed on site nor does the site provide suitable habitat for special status species with reported occurrences in the vicinity of the project; therefore, there is no impact. 6.1.5 Impacts to Wildlife Movement No impacts to wildlife movement are expected as a result of project implementation. The proposed project lies in the midst of urban development and major thoroughfares. 6.1.6 Impacts to Critical Habitat No critical habitat exists on site; therefore, there is no impact. 6.2 Indirect Impacts 6.2.1 Noise Noise levels will increase substantially during excavation activities. These temporary noise impacts have the ability to disrupt foraging and nesting activities for local avian species. The effect of temporary construction noise on the surrounding environment is an adverse impact. However, very few wildlife species were observed on or in the immediate vicinity of the project site; therefore this impact would be considered to be less than significant. 6.3 Cumulative Impacts . The impacts associated with the proposed project, when considered in conjunction with other projects (including past, present, and reasonably foreseeable future projects) that would impact similar biological resources, would contribute to a cumulative direct loss of the existing vegetation and wildlife habitat. The cumulative effect of the loss of vegetation associations, associated wildlife habitat, and wildlife in the region is an adverse, but less than significant impact in terms of CEQA. The project site is located in the midst of an urban developed area and provides very little habitat value. 7.0 CONSERVATION / MITIGATION MEASURES All best management practices to be followed; All construction should be accomplished between July 16th and March 14th, to avoid the nesting season of federally and state protected migratory birds. All native breeding birds, (except game birds) regardless of their listing status, are protected under the Migratory Bird Treaty Act (MBTA).8 Potential impacts to the breeding birds are considered significant under CEQA. Construction between March 15" and July 15" would require a pre - construction survey (within three days prior to work in the areas) by a qualified biologist to determine presence /absence of active nests within or adjacent to the project site to avoid the nesting season of federally and state protected migratory birds. If no breeding or nesting activities are detected within 200 feet of the proposed work area, construction activities may proceed. If breeding /nesting activity is confirmed, work activities within 200 feet of the active nest shall be delayed until the young birds have fledged and left the nest. 6/ Migratory Bird Treaty Act (16 U.S.C. 703 -711). This treaty with Canada, Mexico and Japan makes it unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, or kill migratory birds. The law applies to the removal of nests (such as swallow nests on bridges) occupied by migratory, birds during the breeding season. Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 15 of16 0 0 BIOLOGICAL ASSESSMENT • Any other conservation /mitigation measures as required by the regulatory agencies. 8.0 CONCLUSIONS AND DETERMINATION The proposed action is not likely to adversely affect any special status plant or wildlife species. The footprint of the project area is less than 1.5 acres, and it does not contain any special status plant species. No special status wildlife species were observed on site, nor does the site provide habitat suitable for special status species. 9.0 LITERATURE CITED California Department of Fish and Game (CDFG), November 3, 2003. Rarefind 3: A Database Application for the Use of the California Department of Fish and Game Natural Diversity Base. Version 3.0.3. Sacramento, CA: California Department of Fish and Game. J. Hickman (editor). 1993. The Jepson Manual: Higher Plants of California. University of California Press, Berkeley, California. M.W. Skinner and B.M. Pavlik, eds. 2001. Inventory of Rare and Endangered Vascular Plans of California. — Electronic Inventory. Sacramento, QA: California Native Plant Society. Available at: http: / /www.northcoast,com /— cnps /cqi- bin /cnps /sensinv.cgi. Newport Beach, California Topographic 7.5- minute Series Quadrangle Maps. Source: All Topo Maps. Contact: IGAGE Mapping Corporation, P.O. Box 58596, Salt Lake City, UT 84158 -9912. 10.0 LIST OF CONTACTS /CONTRIBUTORS /PREPARERS Contacts Army Corps of Engineers ........... ............................... Mr. Mark Durham & Ms. Crystal Marquez California Department of Fish and Game .................. Ms. Donna Cobb U.S. Fish and Wildlife Service ........ ............................... Mr. Ken Corey & Mr. Jonathan Snyder Preparers UltraSystems Environmental, Inc......... Ms. Jennifer Weiland, Biologist/Environmental Analyst Newport Blvd. at Hospital Road Biological Assessment June 2004 5181 (W.G. Zimmerman) Page 16 of16 Appendix A 0 Construction Drawings 0 0 9 0 Appendix B Agency Consultation 9 Re: Newport Blvd. right turn lane mosations - species list reques t Jennifer Weiland From: Jonathan _ D_ Snyder @rl.fws.gov Sent: Tuesday, March 02, 2004 5:10 PM To: Jennifer Weiland Subject: Re: Newport Blvd. right turn lane modifications - species list reques t Jennifer, Based on the information you have provided, the proposed project area does not appear to support any sensitive or federally listed species. If additional information becomes available or the project description changes, this determination may change. Although the area is disturbed, I would recommend contacting the California Department of Fish and Game and Army Corps of Engineers to determine whether permitting is required for impacts to the drainage area. Thank you for coordinating. Sincerely, Jonathan Snyder 6010 Hidden Valley Road Carlsbad, CA 92009 (760) 431 -9440 x307 jonathan_d_snyder@rl.fws.gov Jennifer Weiland <jweiland @ultrasy stems.com> To: jonathan_d_snyder@fws.gov cc: • Page I of 2 Subject: Newport Blvd. right turn lane modifications - species list reques t 03/02/2004 04:21 PM Please respond to Jennifer Weiland Hi Jonathan, Thanks for getting back to me so quickly! I am in the process of writing a 1/25/2005 0 0 Re: Newport Blvd. right turn lane *fications - species list reques t ' Page 2 of biological assessment and would greatly appreciate a species list for the above referenced project. in attaching the Appendices (less construction drawings) for your review d information. Please let me know if you require further information to generate the species list. Thanks again, Jennifer Jennifer Weiland, Biologist/Environmental Analyst UltraSytems Environmental, Inc. 100 Pacifica, Suite 250 Irvine, California 92618 Tel: (949) 788 -4900 ext. 243 Fax: (949) 788 -4901 Email: iweiland@ultrasystems.com www.ultrasystems.com OR 0 1/25/2005 RE DEPARTMENT OF THE ARMY LOS ANGELES OISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA SM3 -2325 June 10, 2004 REPLY T O AT ENNON OF. Office of the Chief Regulatory Branch Ultrasystems Environmental, INC Attention: Jennifer Weiland 100 Pacifica, Suite 250 Irvine, California 92618 Dear Ms. Weiland: "i RECEIVED ULTRASY$TLM i ENVIRONMENTikL. Referenceis made to your letter (No: 200401128 -WJC) dated February 10, 2004, for a Department of the Army Permit to dredge and fill 0.037 -acre of waters of the United States by expanding the right lane of Newport Blvd at the northwest corner of Hospital Road and Newport Blvd. (A 8.6 feet wide by 187 linear feet area of permanent impacts), in an unnamed tributary to the Newport Bay in Newport Beach, Orange County, California. Based on the information furnished in your letter, we have determined that your proposed project does discharge dredged or fill material into a water of the United States or an adjacent wetland. Therefore, the project is subject to our jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is required from our office. The proposed project complies with the terms and conditions of our Nationwide Permit (NWP) 39: Residential, Commercial, and Institutional Developments. Since your proposed project impacts of 0.037 -acre of non - wetland waters of the U.S. is not greater than 0.10 acre of waters of the U.S. a Pre - Construction Notification (PCN) will not be required. Therefore, your projects is verified to commence, provided you have received the.required certification from the State Water Resource Control. Broad Section 401 o.' dean ean Water Act' , Water Quality Certification. Pursuant to ItirWP 39(i) a post construction notification shall be submitted within 30 days post construction with tha following information-. (1) The name, address, and telephone number of the permittea; (2) The location of the work; (3) A description of the work; (4) The type and acreage of the loss of waters of the U.S.; (5) The type and acreage of any compensatory mitigation used to offset the loss of waters of the U.S. 11 0 0 _,_ If you have any questions, please contact James Chuang of my staff at (213) 452 -3372. incerely, Mark Durharq Chief, South Coast Section Regulatory Branch 9 • • State of California - The Resources Agency ARNOLD SCHWARZENEGGER; Cownfor DEPARTMENT OF FISH AND GAME _ http :, +/w,Aw.dfg.ca.gov 4949 Vlewridge avenue San Diego, CA 92123 (858) 457 -4201 Apn`l14,2()04 ��9.EC# I�;rED fW _.msl I'�`�tilli#Xtv?41:v't'AL Mr.:Rieb Edmonton City of Newport Beach Public Works Department Newport Beach, Califarnia 92658 Notification of Proposed Lake or Stream Alteration No. 1500- 2404 - 0147 -R5 (Your ref. Newport Boulevard.Righl Turn Lane at Hospital.Road Project) Dear Mr. 'Ed rronston: This letter is in response to the Strcambed.Alteration Notification Package (No. 1640 - 2004- 0147-R5) that you submitted to the Department of Fish and Game (Department) for the Newport Boulevard Right Turn Lane at Hospital Road Project, impacting an Unnamed Creek Clla mel. The project siue is located at the northwest corner of Newport Boulevard' and Hospital Road, in the Cite of Newport Beach, County of Orange, Tht project proposes the Widening of Newport Boulevard to provide for a 4.3 mcter southbound right -tum (afire, resulting in the realignment of an existing concrc.teicardien drainage and reinforced concrete pipe to provide for drainage at the bottle of the new fill and cut stones. The project ,viil impact appro- urnately 4:06 acre orstream channel, of which approximately0.Q2 ticre arc impacts to native riparian. vegetation consisting of cattails (Typha domiggensi ). All work will be completed outside of breeding/nesting season (March. 15-July 1a); unless a qualified, biologist conducts a survey for nesting birds within three days prior to the work in the area, and ensures no nesting birds shall bye.. impacted by the project: No significant biological impacts are anticipated. Based on the Department's review of the information you subinitted,.theD.epartMcnt has . detenuined that a Streambed or Lake Alteration Agreement is nai required for your Projector activity because the project or activity.i) does, not substantially dived; obstruct; or change and natural flow or bed, channel, or bank of a river, strearn, or lake, or 2)'itse material frord a sircambed, or 3) substaintially adversely.eifEct. existing fish or wildlife resources. As a result, you;in Ay,b egin your projector activity if -you have obtained all other, necessary permits. If the project or activity changes t'rom that stated in the notification. package above, a new notification shall be submitted to the Department -of Fish and Game. Nothing in this letter authorizes the Operatorlo trespass on any-land or property, nor rives it relieve the Operator of responsibility.for compliance with applicable federal, state, or local. laws or ordinances, This. letter does not constitute: and Department's endorsement of the 0 Mr. Rich Edmonston April 2004 Page 2 proposed Project or activity, or assures the Department's concurrence with permits required form other agencies, If you have any questions regarding this matter, please feel free to contact me at (858) 637-5510, Sitlemly, GU, Donna. L. Cobb Environmental Scientist Habitat Conservation Planning, Region 5 Ms. Jennifer Weilandi UltraSysterns Environmental 0 • Appendix C Aerial & Site Photographs E 0 ��s ,� �.i.�,..�. -�. .. ,� • i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 22, 2009 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92789 Subject: Newport Blvd. Right Turn Lane Onto Hospital Road (C -3655) To Whom It May Concern: On January 22, 2008, 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 February 29, 2008. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7589939. Enclosed is the Faithful Performance Bond. Sinc ely, , Leilani I. Brown, C 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD RIGHT TURN LANE EXECUTED IN FOUR COUNTERPARTS CONTRACT NO. 3655 BOND NO, 7589939 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,483-00 , being at the rate of $ 9.38/6.88/6.25 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to HILL.CREST CONTRACTING, INC., hereinafter designated as the °Principal", a contract for construction of NEWPORT BOULEVARD RIGHT TURN LANE, Contract No. 3655 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. 3655 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 Seven Hundred Elghty6ft Thousand, Eight Hundred Elghty,Nine and 001100 Dollars ($786,889.00) 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 Prindpal, or the Principal's heirs, executors, administrators, successors, or assigns, fall to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to Its true Intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, In an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, Incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall In any way affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal 'executed this bond as an individual, It Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duty executed by the Principal and Surety.above named, on the 15TH day of MARCH . 2007. I Hlllcrest Contracting, Inc. (Principal) FIDELITY,AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone Glenn J. Salsbury- Pt+esident Authorized SignaturefTitle _. DAVID L. CULBERTSON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT i S 959E (2004) State of California County of orange SS. On 3 -1S -07 before me,Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared David L. Culbertson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAN C. MORAN PUBLIGCALIFORNIAW (� NOTARY 0 ORANGE COUNIY . . WITNESS my hand' and official seal. COMM. EXP FEB 17,2008-` Signature V' (seal) JV C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Performance Bond DOCUMENT TITLE OR DESCRIPTION DOCUMENT DATE: 3 -15 -07 NUMBER OF PAGES: two (2) COMMENTS: 0 gS S S S 959E (2004) • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 19, 2007, before me, Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in he authorized capacity, and that by he signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICHELLE SANTIAGO Witness my hand and official seal eMy COMM. # 1703618 z NOTARY PUBUC - CAUFORNIA� RIVERSICE COUNTY Comm. Expires Nov. 6, 2010 Michell S nti o, Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of DocOument: Performance Bond Document Date: March 15, 2007 Number of Pages: Two Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Representing: Hilicrest Contracting, Inc • 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB T n a OOD, all of Anaheim, California, EACH its true and lawful agent and a u d deliver, for, and on its behalf as surety, and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these pres I in o� as fully and amply, to all intents and purposes, as if they had been d U ac ularly elected officers of the Company at its office in Baltimore, Md., i�tcP L p gg attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,U&MV. CLp- _WT499X &'tfhew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant sVeWy certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November. A.D. 2006. ATTEST: 'gyp 9rvOSri re a � fI11 �i 4 State of Maryland City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4, '�) V Eric D. Barnes Assistant Secretary � {X By: l William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument 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. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA -F 012 -4150H • • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, 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 Atlomeys -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, undertaking, 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." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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,1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this 15TH day of MARCH 2007 a Assistant Secretary 0 a RECORDING REQUESTED BY AND Recorded in official Records, orange county WHEN RECORDED RETURN TO: Tom Daly, clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIniIIIIIIIIIIIIIIIIUIIIIIIIIJIIIIII1111111111N0 FEE City Clerk 200800003727610:32am 01/25/08 City of Newport Beach 111 200 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" 1tP NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc. of Corona, California, as Contractor, entered into a Contract on March 27, 2007. Said Contract set forth certain improvements, as follows: Newport Boulevard Rifaht -Turn Lane at Hospital Road (C -3655) Work on said Contract was completed, and was found to be acceptable on January 22. 2008, 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. City VERIFICATION Director rt Beach certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. c� Executed on oZa D 0 —,at Newport Beach, California. BY �� yr / - City Clerk I _. • ' � � �� goo -a rgcry Jcki r�wv )RTGEA ; it • CITY OF NEWPORT BEACH I L - CITY COUNCIL STAFF REPORT Agenda Item No. 9 January, 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 -644 -3311 or sluy @city.newport- beach.ca.us SUBJECT: NEWPORT BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3655 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk tc the Notice of Completion portions of the Civil Code. release the Labor and Materials Bond 35 days after has been recorded in accordance with applicable 3. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On March 27, 2007, the City Council awarded the Newport Boulevard Right Turn Lane at Hospital Road, Contract No. 3655, to Hillcrest Contracting for the total contract bid price of $788,889. This project consisted of the removal of asphalt concrete pavement, base rock, curb, gutter, sidewalk, catch basin, storm drain, manholes, soil, landscaping, irrigation, traffic signals, signing, and striping while protecting existing fencing, monitoring wells, landscaping, irrigation lines, a water line, and other utilities. The contractor excavated and graded the roadway and slope, installed the shotcrete drainage ditch, curbs, gutters, sidewalk, catch basins, storm drains and storm drain manholes. Also included in the scope of work was the preparation of subgrade, placement of base rock, asphalt paving, setting utility covers to grade, installation of landscaping, irrigation, traffic signals, traffic signal loop detectors, traffic signing, striping and markings, and other appurtenant and incidental items of work as required to complete the project. The Contractor was allowed 45 consecutive working days to complete the work. A summary of the contract cost is as follows: Original bid amount: $788,889.00 Quantity extras: $ 32,948.00 Change orders: $ - 58,644.75 • Final contract cost: $763,192.25 Newport BDGlevard Right Turn Lane at Hospital Road — Completind Acceptance of Contract No. 3655 January 22, 2008 Page: 2 One change order, in the amount of $37,755.25, was approved for additional excavation • and fill material to counter conflicts with unanticipated groundwater. A second change order for $150,650.00 was approved for a change in the type and quantity of planting for erosion control and traffic signal modifications. A third and final change order for the deduction of $247,050.00 was approved for the deletion of items 29 and 30, California Meadow Sedge Grass Erosion Control and California Native Cat -Tail Planting, respectively. The total cost of all three change orders reflects a deduction of $58,644.75. The final construction cost, including the change order and quantity extras, was $763,192.25, which is 3.4 percent below the original bid amount. Other Project Costs: In addition to the primary construction contract, this project involved other project expenses from the following funding sources. Total project expenses are summarized as follows: Construction $ 763,192.25 Construction Inspection $ 6,387.30 Design Services $ 49,829.44 Permitting $ 1,935.00 Geotechnical Materials Testing $ 6,487.50 Incidentals $ 720.12 Total Project Cost $ 828,551.61 Environmental Review: • City Council approved the Mitigated Negative Declaration for this project on February 8, 2005. Funding Availability: Funds for construction project were expended from the following accounts: Account Description Account Number Amount Newport Boulevard Right Turn Lane 7261- C5200737 $450,112.00 Gas Tax 7181- C5200737 $313.080.25 Total: $763,192.25 Prepared by: Submitt by: Stephen J. L4, PE phen G. Badum Project Manager ublic Works Director • • 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 January 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949- 644 -3002 or dkiff@ city. newport-beach. ca. us SUBJECT: Update: City-County Sublease for Water Quality Lab Wing of the Back Bay Science Center ISSUE: Should the City Council enter into a Sublease with the County of Orange to allow the County to equip, staff, and run the Water Quality Lab Wing of the BBSC? RECOMMENDATION: Authorize the Mayor to execute a Sublease with the County of Orange for the Water Quality Lab wing of the Back Bay Science Center, such Sublease to become effective upon approval by the Orange County Board of Supervisors. BACKGROUND: The Back Bay Science Center (BBSC) on Shellmaker Island in the Upper Newport Bay Ecological Reserve is a multi - partnered project that is open, but the "grand opening" has not yet occurred. The planning and funding partners include: • The California Department of Fish and Game (DFG); • The County of Orange Health Care Agency (County); • The University of California at Irvine (UCI); • The City of Newport Beach (City); • The California Coastal Commission (CCC); • The State Coastal Conservancy (SCC); • The Irvine Company; • The Miocean Foundation and Pacific Life; and • The Newport Bay Naturalists & Friends (NBNF). There are several documents associated with the BBSC, but the main one is the "Cooperative Agreement." This Agreement describes the relationship between and the roles of four of the major users of the BBSC (County, City, DFG, and UCI). It also describes the overall goals of the BBSC in terms of water quality research and the teaching lab. The Cooperative Agreement refers to two documents called the "City ' Lease" (a lease of the Water Quality Lab Wing between the City and DFG) and the County Sublease" (a lease of the same premises — the Water Quality Lab Wing — between the City and the County) as follows: . BBSC— City -County Sublease 1 January 22, 2008 Page 2 CITY LEASE: The City Lease shall require the City to maintain and repair the BBSC structures (other than minor capital improvements such as roof replacement), improvements and site (except for the Parking Common Area maintenance for which UCI is responsible under the UCI Lease) at all times in good condition and repair, to maintain the insurance set forth in Exhibit F and shall include such other terms and conditions as the City and DFG agree. The City Lease shall grant the City during the lease term reasonable access to, and non - exclusive use of, those portions of Shellmaker (other than DFG work stations and storage areas) that are part of the BBSC Project and to which access is necessary for the City to perform its obligations under this Agreement or the City Lease. COUNTY SUBLEASE: Disbursement of these (County Tobacco Tax) funds ($1.23 million) will be governed by the provisions of this Agreement and the County Sublease (as defined below) with the understanding that the City will advance, for a period up to 180 days, any funds that the County is required to pay pursuant to this Agreement. The County's commitment is contingent on the approval and execution of a sublease with the City (County Sublease) • for the approximate 3,980 square foot OC Water Quality Lab wing (Lab Wing) of the OC Water Quality Lab/Stor Building. On January 23, 2007, the City Council reviewed a detailed staff report about the BBSC. Readers should review that report for additional detail about the Project. A later item on March 13, 2007, authorized the Mayor to execute the City Lease and the County Sublease. Council approved these actions unanimously. The City Lease was executed, but the County Sublease was not executed pending an additional review by the State of California. As a result of that review, the City and the County have proposed a few changes to the Sublease that the Council approved last March. These changes primarily reflect the wishes of the State of California AND the fact that the Newport Beach City Charter prohibits leases of more than 25 years without direct voter approval. The most significant changes in the Sublease (from the version Council saw in March 2007) are as follows: • If the County is forced to leave the Premises early due to a default by the City of its obligations under the City Lease (from DFG), the City must repay, on a pro-rated basis, a • portion of the County's $1.23 million (in non - inflated dollars). I • BBSC — City- County Sublease January 22, 2008 Page 3 • • If the City and the State are unable to agree to enter into the option periods described in the City Lease, then the City must repay, on a pro -rated basis, a portion of the County's $1.23 million (in non - inflated dollars) reflecting the amount of years that the County was or is unable to remain in the Water Quality Lab wing. These two items attempt to protect the County's dedication of $1.23 million to the BBSC in exchange for a 30 -year stay at the BBSC. If the County leaves early on its own, no repayment is required. The City Attorney and the City's Risk Manager have reviewed and approved the attached version of the Sublease. Staff is confident in recommending Council's approval of this item. Environmental Review: A Mitigated Negative Declaration was prepared and processed to assess the environmental impact associated with constructing the Back Bay Science Center. Identified mitigation measures have been included in the project design. The California Department of Fish and Game was the lead agency for the environmental review and the documentation was completed in September 2003. Submitted by: is Da Kiff t Assistant City Manager Attachments: County Sublease • 3 0 0 I GA 1254 -220 • 2 HCA/Water Quality Lab 3 4 SUBLEASE 5 FOR THE WATER QUALITY LAB 6 AT THE BACK BAY SCIENCE CENTER 7 8 THIS IS A SUBLEASE, hereinafter referred to as "Sublease," made the ` day of 9 2008 ( "Execution Date'), by and between the CITY OF NEWPORT BEACH, a municipal corporation 10 and charter city, hereinafter referred to as "CITY," and the COUNTY OF ORANGE, a political 11 subdivision of the state of California, hereinafter referred to as "COUNTY," without regard to number 12 and gender. The term "COUNTY" shall mean the Board of Supervisors of the political body that 13 executed this Sublease or its authorized representative. 14 15 RECITALS 16 17 I. WHEREAS, the State of California is the owner of certain real property known as Shellmaker 18 Island, located at 600 Shellmaker Road in Newport Beach, Orange County, California (the • 19 "Property"). 20 21 U. WHEREAS, the CITY, The Regents of the University of California on behalf of the University of 22 California at Irvine (UCI), the State of California, Department of Fish and Game (STATE), and the 23 COUNTY have entered into the Cooperative Agreement for the Back Bay Science Center 24 ( "Cooperative Agreement "), regarding the planning, funding and construction of the Back Bay 25 Science Center (`BBSC "), as defined herein, on Shellmaker Island. 26 27 111. WHEREAS, the CITY, UCI, STATE and COUNTY have executed, or are prepared to execute, the 28 Back Bay Science Center Complex Operating Agreement ("Operating Agreement'. The Operating 29 Agreement provides that it shall become effective when construction of the BBSC is complete. The 30 Operating Agreement shall become an exhibit (Exhibit G) to the Cooperative Agreement upon full 31 execution by its parties. 32 33 rV. WHEREAS, the COUNTY has committed in the Cooperative Agreement to contribute One Million 34 Two Hundred Thirty Thousand Dollars ($1,230,000.00) toward the construction of the BBSC, 35 contingent upon the approval and execution of this Sublease. • 36 37 1 of 18 BBSC City -County Sublease 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 0 V. WHEREAS, CITY has, per the Standard Form Lease Agreement between STATE and the CITY dated October 31, 2007 (the "Master Lease', leased from STATE the approximately three thous4 nine hundred eighty (3,980) square foot portion of the BBSC Complex (as defined in the Master Lease) designated as the "Water Quality Lab" (the "Premises "). VI. WHEREAS, CITY is willing to sublease the Premises to the COUNTY for the term and upon and subject to the terms, covenants and conditions set forth in this Sublease. VII.WHEREAS, CITY has included a reference to an MOU executed between STATE and UCI regarding Academic Collaboration in Recital C (v) of the Operating Agreement. CITY recognizes that the COUNTY is not a parry to the MOU and that the COUNTY is not bound by the terms of the MOU or by the inclusion of a reference to it in the Operating Agreement. AGREEMENT NOW THEREFORE, THE RECITALS ARE INCORPORATED HEREIN AND THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. DEFINITIONS "Applicable Laws" means all laws, statutes, regulations, codes, orders and ordinances which relate in any manner to the Premises, the use of the Premises or any activities of CITY or COUNTY on the Property. "Auditor - Controller" means the Auditor - Controller, County of Orange, or designee, or upon written notice to CITY, such other person or entity as shall be so designated by the Board of Supervisors. "Back Bay Science Center" or "BBSC" consists of an approximate thirteen thousand (13,000) square foot permanent enclosed structure comprised of three new buildings containing a total of four wings located on the Property (the "BBSC Buildings'; as well as parking areas, common areas and walkways on SheIlmaker Island, but excluding planted berms, interpretive pathways, and the demonstration marsh. The terms Back Bay Science Center and BBSC, as used in this Sublease, shall have the same meaning as the term "BBSC Complex" in Part F of the Background statements within the Master Lease. "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political of the State of California. BBSC City- County Sublease 2of18 I • BBSC City-County Sublease I "Commencement Date" means November 19, 2007, which is the date upon which CITY's building • 2 department issued a certificate of occupancy or temporary certificate of occupancy for the Premises. 3 4 "County Counsel" means the County Counsel, County of Orange, or designee, or upon written notice to 5 CITY, such other person or entity as shall be so designated by the County Executive Officer or the 6 Board of Supervisors. 7 8 "County Executive Officer" means the County Executive Officer, County Executive Office, County of 9 Orange, or designee, or upon written notice to CITY, such other person or entity as shall be so 10 designated by the Board of Supervisors. 11 12 "Director of Health Care Agency" means the Director, Health Care Agency, County of Orange, or 13 designee, or upon written notice to CITY, such other person or entity as shall be so designated by the 14 County Executive Officer or the Board of Supervisors. 15 16 "Manager, HCA/Facilities Operations" means the Manager, Health Care Agency, Facilities Operations, 17 County of Orange, or designee, or upon written notice to CITY, such other person or entity as shall be so IS designated by the Director of Health Care Agency. 19 20 "Interim Sublease" means the Sublease between CITY and COUNTY for the Temporary Water Quality 21 Lab dated February 4, 2003. 22 23 "Water Quality Laboratory" means the approximately three thousand nine hundred eighty (3,980) 24 square foot portion of the Back Bay Science Center designated as the "Water Quality Lab" as shown on 25 Exhibit B, attached hereto. As used in this Sublease, "Premises" and "Water Quality Laboratory" are 26 synonymous. 27 28 2. PREMISES 29 30 CITY hereby subleases to COUNTY and COUNTY subleases from CITY the Water Quality Laboratory, 31 together with non - exclusive use of the BBSC's driveways for vehicle ingress and egress, pedestrian 32 walkways, and other Common Areas as defined in the Master Lease. COUNTY's use of the BBSC's 33 driveways, pedestrian walkways and other Common Areas pursuant to this Sublease shall be subject to 34 the rules and regulations which STATE may adopt, modify and amend from time -to -time as set forth in Section 12 (Rules and Regulations) of the Master Lease. Smoking is not allowed in or upon the •35 36 Premises or any other portion of the BBSC. COUNTY shall comply with, and require compliance with, 37 3of18 BBSC City-County Sublease r I the smoking prohibition as to COUNfY's employees, agents, contractors, and invitees inside the 2 Premises and Common Areas, and within twenty (20) feet of a main exit, entrance, or operable wind) 3 of the Premises. 4 5 3. PARKING 6 7 CITY, as Facilities Manager, will use its best efforts to ensure that sufficient parking on site is available 8 for a total of up to twelve (12) COUNTY staff and Water Quality Lab visitors during COUNI'Y's 9 business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday and on those weekends and holidays 10 that COUNTY staff are required to work at the BBSC Water Quality Lab. COUNTY shall also have the 11 non - exclusive right to use other parking spaces in the parking Lots adjacent to the Premises, as needed. 12 CITY shall also provide parking for disabled persons in accordance with the Americans with Disabilities 13 Act, Section 7102 of the California Uniform Building Code and the applicable codes and/or ordinances 14 relating to parking for disabled persons as established by the local jurisdiction in which the Premises is 15 located where the provisions of such local codes and/or ordinances exceed or supersede the State 16 requirements. 17 18 4. USE 19 20 COUNTY shall use the Premises only as a County-wide water quality testing and research facil 21 operating as part of the BBSC project pursuant to the Cooperative Agreement and the Operating 22 Agreement. COUNTY agrees not to use the Premises for any other purpose without the prior written 23 consent of CITY, which shall not be unreasonably withheld. However, COUNTY may use the Premises 24 to conduct water quality testing and research beneficial to the county, region or state, provided that the 25 testing research does not increase activity levels at the Premises or the BBSC Complex in such a way as 26 to detract from the BBSC programs. 27 28 COUNTY shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, 29 waste or a nuisance, or that unreasonably annoys or disturbs occupants of, or causes damages to, 30 neighboring premises or properties. 31 32 5. MASTER LEASE 33 34 This Sublease is and shall be at all times subject and subordinate to the Master Lease, which is attached 35 hereto as Exhibit F and incorporated in full by this reference. The terms, conditions and respective 36 obligations of CITY and COUNTY to each other shall be the terms and conditions of the Master 10 37 - 4of18 BBSC City-County Sublease Q BBSC City -County Sublease I except for those provisions of the Master Lease which are directly contradicted by this Sublease. . 2 Therefore, for the purposes of this Sublease, wherever in the Master Lease the word "STATE" is used, it 3 shall be deemed to mean the CITY as sublessor herein and wherever in the Master Lease the word 4 "CITY" is used it shall be deemed to mean the COUNTY as sublessee herein. During the term of this 5 Sublease and for all periods subsequent for obligations which have arisen prior to the termination of this 6 Sublease, COUNTY hereby expressly assumes and agrees to perform and comply with, for the benefit of 7 CITY and STATE as lessor under the Master Lease, each and every obligation of CITY as LESSEE 8 under the Master Lease except for the following: Section 7 (Lessee -as Project Facilities Manager); 9 Section 10 (Janitorial Services); and maintenance and repair of BBSC Complex other than the Premises 10 under Section 11 (Maintenance and Repairs). No amendment, modification or other change to this 11 Sublease shall be made without the prior written consent of STATE. 12 13 This Sublease is made solely in fintherance of the cooperative project described in the Cooperative 14 Agreement and the Operating Agreement. Pursuant to Section 17 of the Master Lease, this Sublease 15 shall terminate if COUNTY at any time withdraws from the BBSC project or fails or ceases to perform 16 the BBSC project functions for which COUNTY is responsible under the Cooperative Agreement, the 17 Operating Agreement or this Sublease. 18 • 19 6. TERM 20 21 The term of this Sublease shall run from the Execution Date to the end of the twenty five (25) year term 22 of the Master Lease, unless renewed or sooner terminated pursuant to any provision of this Sublease. 23 COUNTY shall have the option to extend the Sublease term as set forth in Section 8, hereafter. 24 25 7. TERMINATION OF PRIOR AGREEMENTS 26 27 This Sublease will terminate and supersede any prior agreement between the parties hereto covering all 28 or any portion of the Premises, EXCEPT that all personal property and/or equipment (e.g., fixtures, 29 partitions, counters, shelving) attached to and/or placed upon any portion of the Premises (as defined in 30 the Interim Sublease) by COUNTY pursuant to the terms of any prior agreements shall remain the 31 personal property of COUNTY, which shall have the right to remove same. 32 33 8. OPTION TO EXTEND SUBLEASE TERM 34 COUNTY may extend the term of the Sublease for up to three (3) successive additional terms of five (5) •35 36 years each (each an "Option Term's on the same terms and conditions as this Sublease provided that the 37 5of18 BBSC City -County Sublease • • 1 COUNTY has performed its obligations and is not in breach or default under this Sublease. Any such 2 renewal shall be upon the same terms, covenants, and conditions as this Sublease except that 14 3 consideration for the Sublease during the second and third Option Term will be agreed upon as set forth 4 in Section 2(c) of the Master Lease. CITY shall make its best efforts to include COUNTY in any 5 negotiations for establishment of the consideration to be paid during the second and third Option Terms. 6 CITY and STATE shall then amend the Master Lease accordingly and likewise, this Sublease shall also 7 be amended to reflect the agreement of parties. It is anticipated that the COUNTY's consideration to the 8 CITY shall be based on a pro-rata share of the CITY's consideration to the STATE for the 9 corresponding Option Term as amended in the Master Lease, which shall be memorialized in the 10 amendment to this Sublease. 11 12 COUNTY shall provide CITY with written notification that it intends to exercise its option to extend the 13 term of this Sublease at least one hundred eighty (180) days prior to the Sublease termination date. 14 15 9. RENT 16 17 In consideration of the One Million Two Hundred Thirty Thousand Dollars ($1,230,000) to be 18 contributed by COUNTY toward the construction of the Back Bay Science Center and the services to be 19 performed by COUNTY pursuant to the terms of this Sublease, COUNTY's use of the Premises shall . 20 rent -free. In the event that the first of the three (3) five -year options described in Section 8 above is not 21 executed for reasons not due to COUNTY's breach of this Sublease, the COUNTY shall be entitled to 22 payment by the CITY of Two Hundred Nine Thousand One Hundred Dollars ($209,100), which is the 23 share of One Million Two Hundred Thirty Thousand Dollars ($1,230,000) pro -rated to year twenty -five 24 (25) of the thirty (30) year term envisioned by the Cooperative Agreement and for which COUNTY 25 allocated One Million Two Hundred Thirty Thousand Dollars ($1,230,000). 26 27 In the event that this Sublease is terminated due to a default by the CITY under the Master Lease, 28 COUNTY shall be entitled to repayment of a proportional share of the total rent amount based upon the 29 possible forty (40) year term. 30 31 10. CONSTRUCTION 32 33 The BBSC Complex's construction is deemed complete as of November 19, 2007. Tenant 34 Improvements to the Premises to be conducted by COUNTY, CITY, or their contractors shall be done in 35 accordance with the terms of the Master Lease including, without limitation, the Work Letter attached as 36 Exhibit C to the Master Lease. . 37 6of18 BBSC City-County Sublease Ll • 1 1 I. PAYMENT OF COUNTY'S CONTRIBUTION . 2 3 Immediately following the Execution Date, CITY shall provide accurate "as built' construction plans 4 and documents for the BBSC Complex, including the Premises, to the Manager, HCA/Facilities 5 Operations. Upon acceptance of the as -built plans by Manager, HCA/Facilities Operations, COUNTY 6 agrees to pay to CITY the sum of One Million Two Hundred Thirty Thousand Dollars ($1,230,000). In 7 no event shall the COUNTY's funding commitment for the proposed construction exceed One Million 8 Two Hundred Thirty Thousand Dollars ($1,230,000) without the express written consent of the Board of 9 Supervisors. 10 l l To obtain payment, CITY (or CITY's designee) shall submit to COUNTY s Manager, HCA/Facilities 12 Operations, in a form acceptable to said Manager, HCA/Facilities Operations, a written claim or invoice 13 for this payment. 14 15 12. REPAIR AND MAINTENANCE 16 17 COUNTY shall be responsible for, at its own cost and expense, all maintenance, repair and/or 18 replacement services for the interior portions of the Premises to include but not be limited to the • 19 following items: (a) janitorial service and supplies; (b) lighting service and supplies; (c) heating, air 20 conditioning and ventilation systems; (d) entry doors, roll up doors and windows; (e) fire extinguishers; 21 (f) interior painting and flooring; (g) locks, keys, access control systems and security service; (h) and any 22 other services as needed to support its operations and keep the Premises in good order, condition and 23 repair. 24 25 CITY shall provide, subject to the provisions of Clause 13 entitled REIMBURSEMENT FOR COST OF 26 CITY SERVICES, hereafter, all maintenance, repair and/or replacement services for the building 27 structure and the exterior portion of the Premises, including but not limited to the exterior surfaces, roof, 28 fire sprinkler system, and utility connections to the building, as well as the parking lot, sidewalks, curbs, 29 gutters, drains, and site related signage which are appurtenant to the building. When calculating the cost 30 of CITY Services the parties shall refer to Clause 13 (REIMBURSEMENT FOR COST OF CITY 31 SERVICES) of this Sublease. 32 33 13. REIMBURSEMENT FOR COST OF CITY SERVICES 34 35 A. For the purpose of this clause, the cost of services provided by CITY for the COUNTY ( "CITY • 36 Services ") shall include only the following: 37 7of18 BBSC City-County Sublease 0 0 2 11 1. Trash, Water and Sewer Services. , 3 2. Landscape Maintenance Services. 4 3. Maintenance and Repair Services (including preventative maintenance). 5 4. Cost for major repairs and/or replacements to the building and parking area that constitutes 6 capital improvements or replacements (such as roof replacement, parking lot resurfacing 7 and/or replacement). 8 9 The above stated CITY Services shall only be applicable to and determined based on the "Premises Used 10 to Determine County's Proportionate Share of Cost of City Services for the BBSC" as described in I 1 "Exhibit Al - Premises Used to Determine County's Proportionate Share of Cost of City Services for the 12 BBSC" and shown in "Exhibit BI - Premises Used to Determine County's Proportionate Share of Cost 13 of City Services for the BBSC" of this Sublease. 14 15 For the purpose of making payments pursuant to this section, the cost of CITY Services allocable to 16 COUNTY and payable to CITY shall not exceed thirty -two percent (32 %) of the rentable area of the 17 Back Bay Science Center within which the Premises resides. This percentage is calculated by dividing 18 the size of the Premises (3,980 square feet) by the rentable area of the Back Bay Science Center (12,409 19 square feet). Consequently, COUNTY shall only be responsible for thirty-two percent (32 %) of A 20 costs of CITY's Services. 21 22 B. Parking Lot Maintenance. With respect to parking lot maintenance, as defined herein, 23 COUNTY shall pay its proportionate share of such costs, based on the average number of parking spaces 24 it uses for its employees and invitees. For instance, if the average number of parking spaces used by the 25 COUNTY is twelve (12) per month, then its proportionate share of parking lot maintenance costs per 26 year is eighteen percent (18 %). This percentage is calculated by dividing the number of spaces (12) by 27 the total number of spaces (67) available. Parking lot maintenance costs, as referred to in this 28 Paragraph, shall include only resurfacing, restripping and oil sealant costs. General maintenance costs, 29 such as sweeping and trash pickup, are difficult to segregate, so these costs shall be handled pursuant to 30 Paragraph 13(A). 31 32 C. Within one hundred twenty (120) days following each anniversary date of the Execution Date of 33 the term of the Sublease, CITY shall furnish COUNTY with the following information applicable to the 34 Premises: 35 36 1. Summary Statement: CITY shall furnish a written Summary Statement ( "Summary Statement 37 9of18 BBSC City-County Sublease �p` 0 i •I that includes in detail the cost of each category of CITY Services for the previous year. 2 2. Supporting Data: CITY shall provide Supporting Data ( "Supporting Data ") that includes copies 3 of invoices and/or work orders and proof of payment for each, neatly separated and 4 organized by CITY Service categories and date of service. 5 6 3. Budget: CITY shall finish a written Budget ('Budget ") that includes in detail the estimated 7 cost of each category of CITY Services to be provided by CITY for the next fiscal year, 8 which begins on July 1. 9 10 COUNTY shall have the right to audit any Supporting Data provided by CITY and used in the 11 preparation of said claim. In the event COUNTY questions the adequacy of any portion of the 12 Supporting Data provided by CITY; and COUNTY requests additional Supporting Data, the due date for 13 payment of the adjustment shall be ninety (90) days from the date COUNTY receives the additional data 14 required to substantiate CITY's claim. In the event payment is due, said payment shall be made in a 15 lump sum within ninety (90) days following receipt of said Summary Statement and Supporting Data, 16 17 Should CITY fail to provide said Summary Statement and supporting documentation within one . 18 hundred twenty (120) days from said anniversary date, any claim for reimbursement pursuant to this 19 clause shall be deemed waived by the CITY. Notwithstanding the foregoing, CITY Services shall not 20 include expenses for the cost of correcting building defects (latent or otherwise). 21 22 14. ALTERATIONS 23 24 Subject to the applicable limitations and requirements set forth in the Master Lease, including but not 25 limited to Section 20, COUNTY may make improvements and changes in the Premises, including but 26 not limited to the installation of fixtures, partitions, counters, shelving, equipment, seismic bracing, 27 access and alarm systems, telephone and computer network systems, and modifications to the utility 28 services as necessary or appropriate. It is agreed that any such fixtures, partitions, counters, shelving, or 29 equipment attached to or placed upon the Premises by COUNTY shall be considered as personal 30 property of COUNTY, who shall have the right to remove same, subject to the applicable limitations and 31 requirements set forth in the Master Lease. Upon vacating, COUNTY agrees that the Premises shall be 32 left in as good condition as when received, reasonable wear and tear excepted. 33 34 15. UTILITIES •35 36 COUNTY agrees to make all necessary arrangements for, and pay the cost of, all gas, electric, water and 37 9 of 18 BBSC City- County sublease 175 0 • 1 other utility services associated with the use of the Premises during the term of this Sublease, including, 2 but not limited to, connection costs. If any such services are not separately metered to COUNTY, th 3 COUNTY shall pay its proportionate share of the utility costs of all charges jointly metered with other 4 portions of the BBSC Complex, the Project or the Property, as outlined in the provisions of the Clause 5 13 entitled "REIMBURSEMENT FOR COST OF CITY SERVICES." 6 7 COUNTY shall make every effort to comply with all reasonable conservation measures, if any, 8 requested by STATE as a result of any "energy crisis" or any curtailment of water or other utilities 9 serving the Premises. 10 11 Installation, monthly billing, maintenance, repair, removal, replacement of any telecommunications 12 equipment, lines or systems exclusively in or exclusively serving the Premises shall be the sole 13 responsibility of the COUNTY. 14 15 16. INSURANCE 16 17 Pronerty/Fire Insurance: CITY shall obtain and keep in force during the term of this Sublease, and at 18 no cost or expense to COUNTY except as may be agreed upon pursuant to the "meet and confer" 19 provisions of this Clause, a policy or policies of property and fire insurance with extended cover 20 covering, to the same extent as other CITY -owned buildings, damage to the Premises and improvemen 21 located on the Premises (including the full value of any improvements and fixtures owned by CITY) 22 against all perils included within the classification of fire, extended coverage, vandalism, malicious 23 mischief, special extended perils ("all risk" as such term is used in the insurance industry, including 24 earthquake and flood). 25 26 Included in the policy or policies of property and fire insurance shall be a standard waiver of right of 27 subrogation against COUNTY by the insurance company issuing said policy or policies. CITY shall 28 provide COUNTY with evidence of compliance with these requirements. 29 30 CITY S insurance (a) shall be in a form satisfactory to COUNTY and carried with a company (or 31 companies) acceptable to COUNTY and licensed to do business in the State of California, (b) shall 32 provide that such policies shall not be subject to material alteration or cancellation without at least thirty 33 (30) days prior written notice to COUNTY, and (c) shall be primary, and any insurance carried by 34 COUNTY shall be non - contributing. CITY'S policy or policies, or duly executed certificates for them, 35 shall be deposited with COUNTY prior to the Commencement Date of this Sublease, and prior to 36 renewal of such policies. • 37 10 of 18 BBSC City-County Sublease I 1 0 I hi the event that insurance premiums for the coverage described in this Clause increase by an amount in 2 excess of thirty percent (30 %) during any five (5) year period during the term of this Sublease, 3 COUNTY and CITY shall meet and confer in good faith in attempt to reach an agreement as to an 4 amendment of this Sublease that would establish the amount of any COUNTY contribution to the cost 5 of insurance, if any, or the extent to which the insurance requirements in this Clause should be modified. 6 7 17. INDEMNIFICATION 8 9 COUNTY shall indemnify, defend (with counsel approved by the CITY) and hold harmless the CITY, 10 its officers, directors, employees and agents, from and against any and all liability, losses, costs, 11 expenses (including attorneys' fees), claims, damages (collectively, "Claims') by reason of any injury 12 (including death) to any person or persons, including COUNTY, or loss of or damage to property of any 13 kind whatsoever and to whomsoever belonging, including COUNTY, arising out of or in connection 14 with this Sublease, the use or occupancy of the Premises, or COUNTY's presence or activities on or 15 about the BBSC Complex, the BBSC Buildings or the Premises, except those arising out of the sole 16 negligence or willful misconduct of the CITY. 17 18 Likewise, CITY shall indemnify, defend (with counsel approved by the COUNTY) and hold harmless • 19 the COUNTY, its officers, directors, employees and agents, from and against any and all liability, losses, 20 costs, expenses (including attorneys' fees), claims, damages (collectively, "Claims') by reason of any 21 injury (including death) to any person or persons, including CITY, or loss of or damage to property of 22 any kind whatsoever and to whomsoever belonging, including CITY, arising out of or in connection 23 with this Sublease, the use or occupancy of the Premises, or CITY's presence or activities of officers or 24 employees of the CITY on or about the BBSC Complex, the BBSC Buildings or the Premises, except 25 those arising out of the sole negligence or willful misconduct of the COUNTY. 26 27 IS. TAXES AND ASSESSMENTS 28 29 All taxes and assessments which become due and payable upon the Premises shall be the full 30 responsibility of CITY, and CITY shall cause said taxes and assessments to be paid prior to the due date. 31 32 19. BUILDING AND SAFETY REQUIREMENTS 33 34 During the full term of this Sublease, CITY, at CITY's sole cost, agrees to maintain the Premises in 35 compliance with all applicable laws, rules, regulations, building codes, statutes, and orders as they are • 36 applicable on the date of this Sublease, and as they may be subsequently amended. 37 11 of 18 1313SC City-County Sublease 115 • • 1 Included in this provision is compliance with the Americans with Disabilities Act (ADA) and all other 2 federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable ci 3 the date of this Sublease, and as they may be subsequently amended. 4 5 CITY further agrees to maintain the Premises as a "safe place of employment," as defined in the 6 California Occupational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, 7 beginning with Section 6400) and the Federal Occupational Safety and Health Act, where the provisions g of such Act exceed, or supersede, the California Act, as the provisions of such Act are applicable on the 9 date of this Sublease, and as they may be subsequently amended. 10 I1 Notwithstanding the foregoing, the COUNTY shall, as to the interior of the Premises, be solely 12 responsible for the compliance with the laws referenced above, and all other relevant laws, ordinances, 13 toles or regulations pertaining to workplace safety or security. 14 15 20. HAZARDOUS SUBSTANCES 16 17 The term "Hazardous Substance" as used in this Sublease shall mean any product, substance or waste 18 the presence, use, manufacture, disposal, transportation or release (either by itself or in combination with 19 other materials) is either: (a) potentially injurious to public health, safety or welfare, the environment 20 the Premises; (b) regulated or monitored by any governmental authority; or (c) a basis for potent 21 liability of CITY or STATE under any applicable statute or common law theory. Hazardous Substance 22 , includes, without limitation, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by- 23 products or fractions thereof. 24 25 COUNTY shall comply with all Applicable Laws, federal, state and local, pertaining to the presence, 26 generation, possession, storage, use, disposal, transportation or release of any Hazardous Substance in, 27 on or from the Premises, the BBSC Buildings or the BBSC project. If COUNTY knows or has 28 reasonable cause to believe that a Hazardous Substance has come to be located in, on, under or about the 29 Premises, the BBSC Buildings or the BBSC project, other than in full compliance with Applicable 30 Laws, COUNTY shall immediately give verbal and written notice of such fact to CITY and STATE, and 31 provide CITY and STATE with a copy of any report, notice, claim or other information which 32 COUNTY has concerning such Hazardous Substance. Verbal notice to CITY or STATE pursuant to this 33 Section may be given to any on -site employee of CITY or STATE at the Back Bay Science Center. 34 35 COUNTY shall not cause or permit any Hazardous Substance, except those allowed by law, to be spilled 36 or released in, on, under or about the Premises, the BBSC Buildings or the BBSC project (includle 37 12 of 18 BBSC City -County Sublease f • 0 1 through the plumbing or sanitary sewer system) and shall promptly, at COUNTY's expense, comply 2 with all Applicable Laws and take all investigatory and/or remedial action reasonably recommended for 3 the cleanup of any contamination and for the maintenance, security and/or monitoring of the Premises, 4 the BBSC Buildings, the Property, or other property in the vicinity of the Premises, that was caused or 5 materially contributed to by COUNTY or involving any Hazardous Substance brought onto the Property 6 during the COUNTY's occupancy under this Sublease, by or for the COUNTY or any third party acting 7 with the consent or under the direction or control of COUNTY. 8 9 COUNTY shall be responsible for and shall defend, indemnify and hold CITY and STATE, and their 10 respective officers, directors, employees, agents, and representatives, free and harmless from and against 11 all claims, losses, costs, expenses, damages, judgments, Imes, penalties and liabilities, including 12 attorneys' fees and costs arising out of or in connection with the storage, use, or disposal of Hazardous 13 Substances on the Premises by COUNTY. If the storage, use, or disposal of Hazardous Substances on 14 the Premises by COUNTY results in contamination or deterioration of water or soil resulting in a level 15 of contamination greater than maximum allowable levels established by any governmental agency 16 having jurisdiction over such contamination, COUNTY shall promptly take any and all action necessary 17 to clean up such contamination. 18 • 19 CITY hereby warrants and represents that CITY has in the past and will hereafter comply with all laws 20 and regulations relating to the storage, use and disposal of Hazardous Substances. CITY shall be 21 responsible for and shall defend, indemnify and hold COUNTY, its officers, directors, employees, 22 agents, and representatives, harmless from and against all claims, costs and liabilities, including 23 attorneys' fees and costs arising out of or in connection with the previous, current and future storage, use 24 and disposal of Hazardous Substances on the Premises (or building if the Premises comprises only a 25 portion of said building) by CITY. If the previous, current and future storage, use, and disposal of 26 Hazardous Substances on the Premises by CITY results in contamination or deterioration of water or soil 27 resulting in a level of contamination greater than maximum allowable levels established by any 28 governmental agency having jurisdiction over such contamination, CITY shall promptly take any and all 29 action necessary to clean up such contamination. 30 31 21. LABOR CODE COMPLIANCE 32 33 CITY acknowledges and agrees that all work on physical modifications required to be performed as a 34 condition precedent to the Execution Date or any such future work performed by CITY at the request of 35 COUNTY shall be governed by, and performed in accordance with, the provisions of Article 2 of • 36 Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.). These 37 13 of 18 BBSC City-County Sublease ( I I provisions are applicable to modifications costing more than One Thousand Dollars ($1,000.00). 2 3 Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board o 4 Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate 5 for holiday and overtime work in the locality applicable to this Sublease for each craft, classification, or 6 type of workman needed to execute the aforesaid structural modifications from the Director of the State 7 Department of Industrial Relations. CITY herein agrees that CITY shall post, or cause to be posted, a 8 copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Copies of said 9 prevailing wage rates may be obtained from COUNTY's Manager, ACA/Facilities Operations. In 10 addition, CITY shall provide continuously updated certified payroll records to COUNTY. 11 12 Except as expressly set forth in this Sublease, nothing herein is intended to grant authority for CITY to 13 perform construction work on the Premises as subleased to COUNTY without the express written 14 permission of COUNTY. 15 16 22. RIGHT TO WORK AND MINIMUM WAGE LAWS 17 18 In accordance with the United States Immigration Reform and Control Act of 1986, CITY shall require ] 9 its employees that directly or indirectly service the Premises or terms and conditions of this Sublease AN 20 any manner whatsoever, to verify their identity and eligibility for employment in the United S . 21 CITY sball also require and verify that its contractors or any other persons servicing the Premises or 22 terms and conditions of this Sublease, in any manner whatsoever, verify the identity of their employees 23 and their eligibility for employment in the United States. 24 25 Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of 26 California Labor Code, Section 1 ] 78.5, CITY shall pay no less than the greater of the Federal or 27 California Minimum Wage to all its employees that directly or indirectly service the Premises, in any 28 manner whatsoever. CITY shall require and verify that all its contractors or other persons servicing the 29 Premises on behalf of the CITY also pay their employees no less than the greater of the Federal or 30 California Minimum Wage. 31 32 CITY shall comply and verify that its contractors comply with all other Federal and State of California 33 laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the .34 servicing of the Premises or terms and conditions of this Sublease. 35 36 Notwithstanding the minimum wage requirements provided for in this clause, CITY, where applic� 37 14 of 18 BBSC City - County Sublease Is r 0 I shall comply with the prevailing wage and related requirements, as provided for in Clause 21 entitled • 2 "LABOR CODE COMPLIANCE" of this Sublease. 3 4 23. DEFAULTS AND REMEDIES 5 6 The occurrence of any of the following shall constitute an event of default: 7 8 • Failure to pay any installment of any monetary amount due and payable hereunder; or 9 • Failure to perform any obligation, agreement or covenant under this Sublease. 10 11 In the event of any non - monetary breach of this Sublease by COUNTY, CITY shall notify COUNTY in 12 writing of such breach, and COUNTY shall have fifteen (15) days in which to initiate action to cure said 13 breach. 14 15 In the event of any non - monetary breach of this Sublease by CITY, COUNTY shall notify CITY in 16 writing of such breach and CITY shall have fifteen (15) days in which to initiate action to cure said 17 breach. 18 19 In the event of any monetary breach of this Sublease by COUNTY, CITY shall notify COUNTY in 20 writing of such breach, and COUNTY shall have fifteen (15) days in which to cure said breach, unless 21 specified otherwise within this Sublease. 22 23 In the event of any monetary breach of this Sublease by CITY, COUNTY shall notify CITY in writing of 24 such breach, and CITY shall have fifteen (15) days in which to cure said breach, unless specified 25 otherwise within this Sublease. 26 27 In the event of a default by COUNTY, the CITY may elect to terminate this Sublease by any lawful 28 means and pursue any other remedy now or hereinafter available at law or in equity. In the event of 29 termination of this Sublease, CITY shall have the right to reenter the Premises and every part thereof and 30 to remove and store at COUNTY's expense all property therefrom and to repossess and occupy the 31 Premises. In the event that CITY terminates this Sublease pursuant to this paragraph, the CITY shall not 32 be required to pay COUNTY any sum or sums whatsoever. 33 34 In the event CITY is in default of the Master Lease, as set forth in to Section 15 of the Master Lease, 35 COUNTY shall have the ability to cure any such default in accordance with the Master Lease. CITY • 36 hereby authorizes COUNTY to rely upon any written notice from STATE stating that a default exists in 37 15 of 18 BBSC City- County Sublease 19 0 0 I the performance of CITY's obligations under the Master Lease. Should COUNTY forward any monies 2 in any form, direct or indirect, to cure said default by the CITY, said monies will become immediat 3 due and payable by CITY. If CITY does not reimburse COUNTY within ninety (90) days from sal 4 advance, then any outstanding balance will accrue at ten percent (10 1/o) interest per annum. CITY agrees 5 to pay any and all attorney fees to collect balance of monies forwarded on its behalf. 6 7 24. CONDEMNATION 8 9 In the event of any whole or partial taking or condemnation of the Premises, for any reason, by any 10 public, quasi- public authority, entity or corporation having the power of eminent domain, the appropriate 11 laws of the State of California and applicable provisions of the Master Lease shall apply. 12 13 25. NOTICES 14 15 All written notices pursuant to this Sublease shall be addressed as set forth below or as either party may 16 hereafter designate by written notice given in accordance with this Clause 25. Notices shall be deemed 17 delivered upon personal delivery, delivery by facsimile machine, or seventy -two (72) hours after deposit 18 in the United States Mail. 19 . 20 TO: CITY TO: COUNTY 21 22 City of Newport Beach County of Orange 23 City Manager's Office Health Care Agency 24 3360 Newport Boulevard HCA/Facilities Operations 25 P.O. Box 1768 405 W.Sth Street, Suite 610 26 Newport Beach, CA 92658 -8915 Santa Ana, California 92701 27 Attention: Assistant City Manager Attention: Manager 28 29 Notices to STATE shall be given in accordance with Section 18 of the Master Lease. 30 31 26. ASSIGNMENT AND SUBLETTING 32 33 This Sublease is, made solely in furtherance 'of the cooperative Project described in the Cooperative 34 Agreement and the Operating Agreement. COUNTY shall not assign this Sublease in any event and 35 shall not sublease the Premises or any part thereof and will not permit the use of the Premises by anyone 36 other than the COUNTY. . 37 16 of 18 BBSC City-County Sublease X 1 27. ATTACHMENTS • 2 3 This Sublease includes the following, which are attached hereto and made a part hereof: 4 5 I. GENERAL CONDITIONS 6 7 11. EXHIBUS 8 A. Exhibit A: Description - Premises 9 B. Exhibit B: Plot Plan — Premises 10 C. Exhibit C: Plans and Specifications 11 D. Exhibit AA: Description — Premises used to determine County's proportionate share of cost 12 of City Services for the BBSC. 13 E. Exhibit B -1: Plot Plan — Premises used to determine County's proportionate share of cost of 14 City Services for the BBSC. 15 F. Master Lease 16 11 17 11 18 11 • 19 11 20 11 21 11 22 23 11 24 11 25 26 11 27 11 28 11 29 // 30 11 31 11 32 11 33 11 34 11 35 11 • 36 // 37 17 of 18 BBSC City-County Subieaee a 1 2 3 4 5 6 7 8 9 10 11 12 13' 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 0 IN WITNESS WHEREOF, the parties have executed this Sublease the day and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH MM City Attorney DATE: CITY II Edward D. Selich, Mayor RECOMMENDED FOR APPROVAL: Resources & Development Management Department M I WA APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL Em Deputy SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California BBSC City - County Sublease COUNTY COUNTY OF ORANGE. In 18 of 18 Chairman, Board of Supervisors 0 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 • 36 37 0 11. SUBLEASE ORGANIZATION GENERAL CONDITIONS) The various headings in this Sublease, the numbers thereof, and the organization of the Sublease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise. 2. INSPECTION CITY or its authorized representative shall have the right at all reasonable times and upon reasonable advance notice to COUNTY to inspect the Premises to determine, if COUNTY is complying with all the provisions of this Sublease. 3. SUCCESSORS IN INTEREST Unless otherwise provided in this Sublease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 4. DESTRUCTION OF OR DAMAGE TO PREMISES The provisions of the Master Lease (Section 34) shall govern CITY's and STATE's management of the Premises in the event of destruction of or damage to Premises. 5. AMENDMENT This Sublease sets forth the entire agreement between CITY and COUNTY and any modification must he in the form of a written amendment signed by the CITY and COUNTY, and approved by the STATE. 6. PARTIAL INVALIDITY If any term, covenant, condition, or provision of this Sublease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 1 of 4 11Fileserver2 Uiome2WouyeR\Projects1600 ShellmakalSub Lease - BBSC - CoCo Rev Red line GeneW Cond. 1.3 -08 Rev 1- 14.08.dm GENERAL. CONDITIONS 93 • 0 1 7. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE 2 . 3 If either party hereto shall be delayed or prevented from the performance of any act required hereunder 4 by reason of acts of God, performance of such act shall be excused for the period of the delay; and the 5 period for the performance of any such act shall be extended for a period equivalent to the period of 6 such delay. Financial inability shall not be considered a circumstance excusing performance under this 7 Sublease. 8 9 8. STATE AUDIT 10 11 Pursuant to and in accordance with Section 8546.7 of the California Government Code, in the event that 12 this Sublease involves expenditures and/or potential expenditures of State funds aggregating in excess of 13 ten thousand dollars ($10,000), CITY shall be subject to the examination and audit of the Auditor 14 General of the State of California for a period of three years after final payment by COUNTY to CITY 15 under this Sublease. The examination and audit shall be confined to those matters connected with the 16 performance of the contract, including, but not limited to, the costs of administering the contract. 17 18 9. WAVER OF RIGHTS 19 , 20 The failure of CITY or COUNTY to insist upon strict performance of any of the terms, conditions, and 21 covenants in this Sublease shall not be deemed a waiver of any right or remedy that CITY or COUNTY 22 may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of 23 the terms, conditions, and covenants herein contained. 24 25 10. HOLDING OVER 26 27 In the event COUNTY shall continue in possession of the Premises after the term of this Sublease, such 28 possession shall not be considered a renewal of this Sublease but a tenancy from month to month and 29 shall be governed by the conditions and covenants contained in this Sublease. 30 31 11. HAZARDOUS MATERIALS 32 33 CITY warrants that, to its knowledge, the Premises are free and clear of all hazardous materials or 34 substances. COUNTY acknowledges that CITY has never been in possession of the Premises and has 35 never conducted any survey or test of the Premises to determine if any hazardous materials or 36 substances are present. 37 2of4 \\Fileserver2W ome2llnouyeRlProjwts%00 ShellnekeMub lease - BBSC - CoCo Rev Red fine General Cond. 1.3-08 Rev 1- 14-08.dm GENERAL CONDMONS a4 n LA r� L 1 12. EARTHQUAKE SAFETY 2 3 CITY warrants that the Premises are in compliance with all applicable seismic safety regulations 4 and building codes. COUNTY has been informed and acknowledges that the BBSC Complex and the 5 Premises is on an island, and is subject to hazards from liquefaction. The BBSC Buildings are designed 6 to move freely in an earthquake. COUNTY assumes the risks of injury and damage from earthquake, 7 including liquefaction and movement, in connection with this Sublease, the Operating Agreement and the 8 Cooperative Agreement. COUNTY unconditionally waives any claim of damage or liability against 9 CITY and STATE, their officers, agents and employees for injury or damage from such hazards. 10 COUNTY further indemnifies and holds harmless the CITY and STATE, their officers, agents and 11 employees against any and all liability, claims, demands, damages, costs (including costs and fees 12 incurred in defense of such claims) expenses, and amounts paid in settlement arising from any injury or 13 damage to any persons or property in or about the Premises due to such hazards. 14 is (b) COUN'T'Y is encouraged to plan and prepare for earthquakes and to take appropriate steps 16 to secure and anchor furniture, equipment, machines, containers and other objects in the Premises. The 17 California Seismic Safety Commission publication, The Commercial Property Owner's Guide to •18 Earthquake Safety (available on the internet at httn : / /www.seismic.ca�oy /Rub/CSSC 1998- 19 01 COG.ndfl contains information and recommendations regarding pre- earthquake planning. The Guide 20 suggests precautions such as, but not limited to, the following: writing down evacuation, fire response, 21 search -and rescue, and first aid procedures and training employees to follow them; listing and acquiring 22 basic emergency supplies, including fire extinguishers, crescent and pipe wrenches to turn off gas and 23 water supplies, first -aid kits and handbooks, flashlights with extra bulbs and batteries, and portable radios 24 with extra batteries; setting up an ongoing program to reduce earthquake weaknesses in the Premises; and 25 training employees by holding drills, establishing responsibilities for carrying out the emergency 26 response plan and teaching them to act immediately to put out fires. 27 28 13. QUIET ENJOYMENT 29 30 CITY agrees that, subject to the terms, covenants and conditions of this Sublease, COUNTY may, upon 31 observing and complying with all terms, covenants and conditions of this Sublease, peaceably and . 32 quietly occupy the Premises. 33 34 14. WAIVER OF JURY TRIAL •35 36 Each party acknowledges that it is aware of and has had the advice by Counsel of its choice with respect 37 to its rights to trial by jury, and each party, for itself and its successors and assigns, does hereby 3 of 4 11Filmeerm2 lHome2WouyeR\Projmta\600 Shellmaka\Sub Lease - BBSC - COCO Rev Red line Geneml Cond. 1 -3-08 Rev 1- 14 -08.doc GENERAL r.O7anrrtoxS Z 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 • s expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any party hereto against the other (and/or against its officers, directo, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this agreement and/or any claim of injury or damage. 15. GOVERNING LAW AND VENUE This Sublease has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. 16. THE Time is of the essence of this Sublease. 17, FORCE MAJEURE If either CITY or COUNTY shall be delayed or prevented from the performance of any act required hereunder by reason of the acts of God, governmental restrictions, regulations or controls (except those reasonably foreseeable in connection with the uses and activities contemplated by this Sublease) or other cause without fault and beyond the control of the party obliged (except financial inability), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Nothing in this clause shall excuse COUNTY from prompt payment of any sums due or any other charge required of COUNTY, except as maybe expressly provided in this Sublease. // // // • // 4 of 4 1%Files a2lHome2UnouyeR\Pmje tsM00 Shell=keMub Lease - BBSC - CoCo Rev Red Line General Cond. 1 -3-08 Rev 1- 14-08.dw GENERAL CONDMONS ab • 0 • Exhibits A & B not attached. (available for review in Dave Kiffs office) • 17 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 23, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Newport Boulevard Right -Turn Lane at Hospital Road (C -3655) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, ma LaVonne M. Harkless, MMC City Clerk Encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 9 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc. of Corona, California, as Contractor, entered into a Contract on March 27, 2007. Said Contract set forth certain improvements, as follows: Newport Boulevard Right -Tum Lane at Hospital Road (C -3655) Work on said Contract was completed, and was found to be acceptable on January 22. 2008, 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 Marvland. RaGlic rks Director City Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on as aCOW at Newport Beach, BY Oa Al, . y� 1 • / V� City Clerk California.