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C-3791 - Malibu Circle Slope Repair
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 24, 2007 Excavating Engineers, inc. dba Hillside Retaining Walls Company 5256 S. Mission Road, #703 Bonsall, CA 92003 Subject: Malibu Circle Slope Repair (C -3791) To Whom It May Concern: On October 24, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on December 5, 2006. The Surety for the contract is American Contractors Indemnity Company and the bond number is 321569. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael Sinacori, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 BOND NO. 321569 The premium charges on this Bond is $ 1883.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, ft City Council of the City of Newport Beach, State of California, by motion adopted, awarded to EXCAVATING ENGINEERS, INC., DBA HILLSIDE RETAINING WALLS COMPANY, hereinafter designated as the "Principal ", a contract for construction of MALIBU CIRCLE SLOPE REPAIR, Contract No. 3791 In the City of Newport Beach, in strict conformity with the ptans, drawings, specifications, and other Contract Documents maintained Ili 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. 3791 and the terms (hereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and A14ERICAN CONTRACTORS COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety"), are held and firmly bound unto the Ciiy of Newport Beach, in the sum of Sixty -Two Thousand, Seven Hundred Seventy -Seven Thousand Dotlars and 001100 ($62,777.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of ft 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 9 the Principal, or the Principal's heim,.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 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 sane shall In any way affect its obligations on this Bond, and ft does hereby waive notice of any such change, extension of lime, 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 fol owing 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 Surety ve n med, on the 7TH Anv c,► SEPTEMBER -innn z7i7&LI, EXCA NG ENGINEERS, INC., ��7. OBA HILLSIDE RETAINING WALLS COI (Principal) AMERICAN CONTRACTORS INDEMNITY Name of Surety 1081 CAMINQ DEL RIO SOUTH #107 SAN DIEGO, CA 92108 Address of surety 619 - 297 -2900 Telephone by the Principal and FACT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 11 1 i 1, 1 111 ', IR YI 1� 41 American Contractors lnde_ ty ETP8 9 rport 1 v1ir^-JtmH,lW-Ange I fi* 6 -ftW5 POWER OF ATTORNEY Ilk KNOW ALL MEN BY THESE PRESENI& j .j 0onlTs"- 9deI- ikAfsAlffState of a, a i ifornia corporation, does hereby appoint, 316A, =rUt Ame2ale UN-: Corrine Brown of San Diego, California (s) sand other 05" its true and lawful AttoI -m-Fact, with rJ _aMwute (%24AIeQfjMdWunde %jf�ilytaand *IWWq,�n the %9& in ffWca& Ff its and to bind the Company thereby, in an x ithout j%jbw,.aI MardrA --m e cW VIII ft"3,000,0W.& This Power of Attorney hall ire w S ThisaPilmir sealed &*r and I, the following Resolution adopted by CTORS 64DEMNITY COMPANY at a meeting duly called and held on the 6' day of Wdiowftisgram' the %&fi0i& AMI! is iff=iill- 011 111 DeciMer�M(). nk�M`p ident, Sd4w4r n "RESOLVED that the ChiefEsecutive Officer. President or IW III Preside power and a;afho -Fact and to a&rzir them to execute on behalf the Company. and attach the seal of the CqMpany III TO bonds and undertakings, contracts of indemnity and other writings obligatory in thj&nqnpe tAerx %Cgnd, 2 To remove, at any VeNvak 051 'r,jr,cen anti` —*e s—ealof —the—Conipany may a e to Ir 7VRTHEP,�, I the U;'� 'I S I RESOL PEP 1. f . i be iffu d I s e 11(i relating theI lyfarsitnife, and any such Power of Attorney or cerjI ii I I or s bearin r7 upon the Coip;,,and ca rq d and cer*eI a Vital, Swan the • 'Pe t ME "' to Vt,"Ra Im''F 9' =[J�� 9WHERENAmmlieffiric'an Contractors Indemnity Company has caused its seal tI reto aM didigft*W-%hief Executive Officer on the 15o' day of December, 2003. A� I k i0i WOVIRM emu STAI (Z if- .71 IV RobM ANI emjU? �l S- %f Decem er 2003, before me, Deborah Reese, a notary public, Wn Sy Officer of American Contractors Indemnity Company, personally known tame be the nerson(s) whose name(s) is/ara suhLcdbI the wiMirJ1d1M6c%-MT&c SUNDEMNITY COMPANY 41 illy of Executive Officer ged,Fobert F. i tive V( asis of It ) to x t R 1h el same in person(s), or the entity upon behalf of wrrr49SS'm`y"hand and official seal. aF- 1,31 l"on'001406149 =.;7 -- = - - - Notary RMC - cavomia I lip- IN- �-,e Los Ang@Wf QgLAto—re of Notary a: My Commission expires March 18, 200 Lot 0 y1efti, that the Power of Attorney and the 1, Jftnz�wm& W&Rrate S Contra I". IV resd§ffd%gf��e Boar 'It) tid 6 "I'aid Company as set forth above, are true and correct transcripts thereof 2p the s-allIPI Attorney nor the resolution have been revoked and they are now fo e e WT!M-1 �LIJAJ rc aPA MgF-- TE F- =inv IN I SSI F A =Wfasaw VIM =0 0 SIT TKIR ki . . ..... Bond No. 321569 Agency No.- J� klil) 1111, [JO VOW101 � 12 ALL- PURPOSE ACKNOWLEDGMENT State of California SS. County of SAN DIEGO On 917106 before me, CARLA M. ALLEN, NOTARY PUBLIC (DATE) (Nm"Y) personally appeared CORRINE BROWN SMER(S) ® personally known tome - OR - CARLA M. =47 7 Commission # 1477711 Notary Public - California San Diego County My Comm. Expires Mar 20, 2008 ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE S my hand and official seal. Nmr y SIc OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) SIGNER IS REPRESENTING: ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SURETY B019D TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT APA 5199 VALLEY - SIERRA, 800- 362 -3369 OTHER SIGNER IS REPRESENTING: RIGITT THUMBPRINT NAME OF PERSON(S) OR ENTI Y(IES) AMERICAN CONTRACTORS OF E INDEMNITY COMPANY SIGNER s APA 5199 VALLEY - SIERRA, 800- 362 -3369 ACKNOWLEDGMENT State of Caj#bmia County of On before me, personally personally known to me ) to be the person whose nam *j@am-subscribed to the within instrument and acknowledged to me tha fey executed the same i hi - authorized capacitAise} and that by@he~r signature(s) on the instrument the person(), or the entity upon behalf of which the personN acted, executed the instrument. (Seal) • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Decmeber 5, 2006 Excavating Engineers, Inc. dba Hillside Retaining Walls Company 5256 S. Mission Road, #703 Bonsall, CA 92003 Subject: Malibu Circle Slope Repair (C -3791) To Whom It May Concern: On October 24, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 31, 2006, Reference No. 2006000734539. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 321569. Enclosed is the Labor & Materials Payment Bond. Sincerely, 1142 ( l/ [Y u67' -new M- LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael Sinacori, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 1791 BOND NO. 321569 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by notion adopted, has awarded to EXCAVATING ENGINEERS, INC., DBA HILLSIDE RETAINING WALLS COMPANY, hereinafter designated as the "Principal," a contract for construction of MALIBU CIRCLE SLOPE REPAIR, Contract No. 3791 in the CRY 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. 3791 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 hind, the Surety on this bond will pay the some to the extent hereinafter set forth: AMERINOWCONTR THEREFORE IND�1@tITY COMPANY undersigned Principal, and, duty 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 Sixty -Two Thousand, Seven Hundred Seventy -Seven Thousand Dollars and 001100 ($62,777.00) 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, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted. to be done, or for any other work or labof 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 M6 Employment Development Department from the wages of employees of the Princpal 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 on amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce Me obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3260 of the CMI Code of the State of California. 26 0 0 The-Bond shall inure to the benefit of any and all persons, companies, and corporations en itled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or (heir 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 thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such charge, 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 7 Princi rid Surety, on the 7TH day of SEPTEMBER .2006. A - CA ' ING E EERS, IN ., oriS�gnature/Title DBA IDE AINING WALL COMPANY (Principal) AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 1081 CAMINO DEL RIO SOUTH #107 SAN DIEGO, CA 92108 Address of Surety 619- 297 -2900 Telephone JN, ATTORNEY -IN -FACT Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 t, C^ I'"". s fit} cy v -:Y T I fie' _ t r l' €!-%5 VpW "v • tza.] c� Chi C� j'�3 ` `r; o e t it `V - 10011 i t fl I vgw American Contractors Ynde�tnit C�Pan% 984 AarportB� c9 L1 sAngeles nhforomA'�Q045 �c � t I v >'`�`% FO ER OF ATTORNEY i KNOW ALL MEN BY THESE P) C1 �'S a � i � 8t Amar a i Contractors lndemm '.. dwa yofthe State of Cahforrila, a Cahfo k t W Corrine Brown of San Diego, California its true and lawful Altor y(s)- 5iniF,act, w'ithifull au0rn�n,' to =execu t� of mdb p ry and W}ifitg�s*ob1 jka' n the tia t�ic�thcreof slued �t ff � ' 3*. r 3 000,000?00* * *'"'V mountno[ to exceed S _ f J* e .. the Del "RESOLVED that he Chief corporation, does hereby appoint, d'oMlIX')s and odt�r con r s°-undertakingsv,, e g in tlie' course of itsllusiness and to bind the Company thereby, in This Power of Attorney 1r�%shall expire with butera Marc FU mile under and by -the authority of the following Resolution adopted by miTY COMPANY at a meeting duly called and held on the 6�dayo r Vicer. President ar any',1!ice Prestdettlleave ''r..6'G&'St"e"'.""ti_; —y'�j' �!. 3FF,,77 i -Fact and'to authorize them to execute on behalf of the Company, and aaac)t the contracts of indemnity and other writings obligatory in fhe_� iherea ,and, ° 1; —'►T7CWHEREOF, American Contractors indemnity Company has caused its Executive Officer on the 15" day of December, 2003. x m P ( q, 4o�(vAf OPa y �t A�IERLCAIiPCC NT% iOn�tlits 15th y of December 2003, before me, Deborah Reese, a notary Officer of American Contractors Indemnity Company, personapy knowtn .- -. - bignaturei,i11V'.y My Commission expires Attorney nor the resolution have been revoked '...MUM or the entity-upon 3 J e�i p ALL- PURPOSE ACKNOWLEDGMENT State of California ss: County of SAN DIEGO I On before me, CARLA M. ALLEN, NOTARY PUBLIC BATE) (NOTARY) personally appeared CORRINE BROWN K3 personally known to me - OR - CC)MmMl n ALLErt� Commission # 1477711 -a Notary Public • California A • San Diego County 6MYComm. EXPIMSMar20, 2008 ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTME(S) ❑ PARTNER(S) ATTORNEY -w -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SURETY BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT APA5)99 VAUEYSIFRRA, 80(}362 -3369 OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT E NA&E OF PERSONS) OR PMTY(MS) AMERICAN CONTRACTORS OF E INDEMNITY COMPANY SIGNER s APA5)99 VAUEYSIFRRA, 80(}362 -3369 ACKNOWLEDGMENT 0 State of California County of"'bY\ TX %n On O(p before me, cam{ errA M • G Y �p pg ndiQ k 1C (here insert nameatid ti e of the o r) personally ... ,,,-Y - the person whose namek0afe subscribed to the within instrument and acknowledged to me tha hte� w*Ahey executed the same it iiRjeNtheir authorized capacity#est, and that by( ii haw# eir signature(gon the instrument the person(s� or the entity upon behalf of which the personoocted, executed the instrument WITNESS my hand and official Signature Mal's A. (Seal) .n 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Document W electronically recorded by IV Cert Mail A Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder 1111 111110MIJ NO FEE 2006000734539 11:27am 10131/06 227 92 N121 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "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 Excavating Engineers, Inc. (dba Hillside Retaining Walls Co.) of Bonsall, California, as Contractor, entered into a Contract on August 22, 2006. Said Contract set forth certain improvements, as follows: Malibu Circle Slope Repair (C -3791) Work on said Contract was completed on September 26. 2006, and was found to be acceptable on October 24. 2006, by the City Council. Title to said property is.vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. QN M T VERIFICATION Works Director Newport Beach certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / Executed on o�.S �-0O at Newport Beach, California. BY C/ ��! U . /b�L✓K�C ryto City Clerk 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 25, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3791) Please record the enclosed document and return them to the City Clerk's Office. Thank you. Sincerely, 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 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 Excavating Engineers, Inc. (dba Hillside Retaining Walls Co.) of Bonsall, California, as Contractor, entered into a Contract on August 22, 2006. Said Contract set forth certain improvements, as follows: Malibu Circle Slope Repair (C -3791) Work on said Contract was completed on September 26. 2006, and was found to be acceptable on October 24. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Companq. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on &t , a� A00� , at Newport Beach, California. BY 0<'I U f!i City Clerk OCT `! t 711!i (fib CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael Sinacori 949 - 644 -3342 or msinacori @city.newport- beach.ca.us SUBJECT: MALIBU CIRCLE SLOPE REPAIR— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3791 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On August 22, 2006 the City Council authorized the award of the Malibu Circle Slope Repair contract to Excavating Engineers Inc., DBA Hillside Retaining Walls Company. The contract provided for the City slope restoration behind 3 Malibu Circle in the Spyglass area which had a surface landslide from the El Nino rains of 2004. The City slope is typical for the Spyglass area where the steepness of the slope is 1 vertical foot to 1.5 horizontal feet. Steep slopes are more prone to this type of land movement. Development standards have changed and 1 vertical foot to 2 horizontal feet would be required today. The contract has been completed to the satisfaction of the Public Works Department in approximately half the time of the contract allowed 30 working days. A summary of the contract cost is as follows: Original bid amount: $62,777 Total amount of change orders: 0 Final contract cost: $62,777 Malibu Circle Slope Repair - Completic Acceptance of Contract No. 3798 October 24, 2006 Page 2 After the project was awarded and prior to work, the Contractor recommended a change in. the repair. Instead of the conventional export and import of materials to repair the slope, the Contractor suggested that a geo -grid be installed and that the material on -site be reused. In addition, they suggested using a jute mesh on the hillside to protect the landscape plantings. These options were reviewed and subsequently approved by the project geotechnical engineer. No additional costs were incurred for upgrading to the geo -grid and adding the jute mesh in lieu of importing and exporting materials. Full payment was made on all bid items in the amount of $62,777. Environmental Review: City staff reviewed the project and determined the project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funds for the project were expended from the following account: iscellaneous Slope Total: 777 777 All work was completed on September 26, 2006, seventeen days prior to the scheduled. completion date of October 19, 2006. Prepared by: Siriacori, P-e.— I Civil Engineer Submitted by: hen G. adum Public Works Director OCT f ,LI; C -3r C4 /00- kol) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S24 . October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Manager Homer L. Bludau, City Manager 949 -644- 3000,. hbludau @city.newport- beach.ca.us SUBJECT: CITY COUNCIL RECONSIDERATION OF PREVIOUSLY APPROVED SPHERES AGREEMENT NOW REVISED DEALING WITH JWA AND UPPER AND LOWER BAY ISSUES AND DELETING A SANTA ANA HEIGHTS PARK PROJECT AND HORSE TRAIL PROVISIONS ISSUE: Does the City Council want to rescind its previous October 10th action approving the Spheres Agreement, and approve the revised agreement going before the County Board of Supervisors on October 24tH. RECOMMENDATION: Approve the revised agreement. DISCUSSION: At its October 10th regular meeting, the City Council approved by a 7 -0 vote the Spheres Agreement provided by staff. The agreement had the following provisions: 1) a JWA component whereby prior to the County acquiring additional property to be used for a second commercial runway, the runway plans would be provided to the Newport Beach City Council, who would vote to either support or not support the plans, with the County respecting our City Council's decision; 2) the County would provide Newport Beach up to $500,000 to develop as a passive park the Mesa /Birch county owned vacant site with Newport Beach 'providing project oversight and park maintenance after the park was developed; also, that agreement contained a provision that the Newport Beach City Council had the County's permission to decide the Mesa Drive horse trail in terms of retaining or deleting it from the SA Heights Specific Plan; 3) a comprehensive management plan for the Upper Newport Bay would be jointly paid for, with the County retaining its ownership of Upper Bay property and management authority; and 4) a jointly funded service study that would identify services provided in the Lower Bay, who !� SphereW es Cooperative Agreement October 24, 2006 Page 2 provides those services, the actual cost of those services and identifying alternatives for providing those services at reduced costs and to the benefits of the service users. After further discussions with County elected officials and their staff, the agreement has been revised to delete the provisions dealing with the Santa Ana Heights Redevelopment area = the Mesa Birch park site development and the horse trail issue. The other issue provisions contained in the original agreement approved by the City Council remain as previously described. Since the City Council took the first action on this agreement and since the agreement has had material changes made to it, the City Manager feels the revised agreement should come back for Council approval. The cornerstone of this proposed agreement has always been the County's sharing of decision making with the Newport Beach City Council for a second commercial runway, if ever contemplated for JWA. That provision remains in tact. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item).. Prepared by: omer Bludau, Cify Manager Attachments: Cooperative Agreement `A _Oct 20 20p6 10:50AM . HP J�RSERJET FAX p.4 COOPERATIVE AGREEMENT This COOPERATIVE AGREEMENT ( "AGREEMENT') by and between the County of. Orange (County), and the City of Newport Beach ( "City") is dated the Vt day of November, 2006 ( "Effective Date ") and is made with reference to the following: RECITALS A. The City .and County share the goals of: (I) fostering local government cooperation as a way to enhance service to the public without increasing costs; and (ii) ensuring that plans -and . studies provide public officials with the information necessary to . make informed decisions on the nature and extent of municipal services to be provided as. well as the most cost effective way to provide those services. B, The Parties, through this Agreement, commit to work in good faith to ensure that their cooperation will: (i) ensure the public continues to receive'high quality and cost effective services; (ii) maintain or enhance their constituents quality of life; (iii) preserve and enhance the' wildlife habitat, educational and recreational value of natural resources; and (iv) provide a Means for continued cooperation to benefit the public and the taxpayer. 1 Oct 20 2006 10:50AM HP LRSERJET FAX P :5 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. GOALS AND OBJECTIVES _ A. Airport Area Compatibility. The City and County intend, through this Agreement and any subsidiary agreement that the Parties determine is necessary or appropriate to implement this Agreement, to expand their longstanding efforts to promote compatibility between operations at John Wayne Airport.(°JWK — See Exhibit A) and land uses within and in proximity to the City. The Parties intend to promote compatibility by, among other things, committing to preserve certain longstanding land use plans, such as the Santa Ana Heights Specific Area Plan ( "SAHSAP "), that were designed to harmonize land uses. in Santa Ana. Heights with air carrier operations at JWA. The Parties also intend this Agreement to prohibit City annexation of JWA and other JWA -owned or County-owned property without County approval. The Parties also intend, through this Agreement and any subsidiary agreement that the Parties determine is necessary or appropriate", to implement this Agreement, to require County "compliance with a process that includes City consideration and approval prior to County acquiring property for the purpose of extending the existing air carrier runway to the .south or constructing a second air carrier runway, and to require the City.to become a consistent agency with respect to land uses and related planning in the airport area as specified in the Airport Environmental Land Use Plan ( "AELUP "). II. AIRPORT AREA COMPATIBILITY A. Summary. The Parties commit, though this Agreement, and any subsidiary agreement that the Parties determine is necessary or VA Oct 20 2006 , 10:SOHM HP SERJET FAX P.6 appropriate to implement this Agreement, to take actions with respect to existing plans and policies that promote compatibility between SAH land uses and JWA. air carrier operations. -`his Agreement also confirms exclusive County jurisdiction over, and precludes City annexations of, JWA and/or areas essential to aircraft operations while requiring City consent to . certain acquisitions of property. This Agreement also enables, but. does not require in any way, the Cit.y. and County to jointly plan, design, fund and /or construct public improvements. B. Implementation, The Parties will, for the term of this Agreement, act in a manner consistent with the following: (1) The City will not to initiate proceedings to annex, JWA or any portions of JWA or other County -owned land without the written consent.of the County. . (2) Prior to any County (or successor agency) acquisition of land or. any interest therein, including tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries, for the purpose of constructing a second air carrier runway at John Wayne Airport or extending the existing air carrier runway to the south, the County will submit a plan for. the construction of the facility to the City Council of the City of Newport Beach as if Public Utilities Code section .21661.6 were applicable. The plan shall show in detail any proposed new /extended runway uses proposed for the property to be acquired. The Newport Beach City Council shall conduct "a noticed public hearing on the plan, and shall thereafter approve or disapprove the plan as if Public Utilities Code section 21661.6 were applicable. The County'-May, subject to compliance 3 Oct 20 2006 10:51AM HP LRSERJET FAX p,7 with other legal requirements, proceed with the proposed acquisition only in the event of City Council approval. (3) The City will become a "consistent agency" for purposes of the AELUP and the City shall take the actions necessary to become a consistent agency within 12 months after the Effective Date. The City will retain this consistent agency status through the term of this Agreement provided that the AELUP 65 CNEL contour is not the expanded in comparison to that which is in .the AELUP as of the Effective Date. (4) The City will not repeal /modify the SAHSAP without County 2701 It M (5) City ''consent is not a precondition to County action necessary to comply with State and Federal laws. (6) Both Parties agree that this Agreement has no impact on the JWA Settlement Agreement or the duties/rights.of a party to that JWA Settlement Agreement. (7) The Parties agree that, where appropriate, they may, but are not obligated to, cooperate in the planning, design, funding and construction of circulation or other improvements in or immediately adjacent to the City that are intended to mitigate traffic impacts or promote compatibility between JWA and land uses in the vicinity of JWA. IV, TWO NEWPORT BAY STUDIES A. Summary. The Parties agree to cooperatively develop a Comprehensive Resource Management Plan ( "CRMP ") for the educational, public access, and habitat of the Upper Newport Bay, including the Upper 4 Oct 20 2006 10:51AM HP SSERJET FAX Newport Bay Preserve ( °Nature Preserve") and adjacent properties, including the Upper Newport Bay Ecological Reserve and City -owned properties adjacent to the Bay. The Parties also agree to conduct a study of Lower Newport Bay services .("Lower Bay Services Study "). B. Funding. Funding for the two studies will come from the County and the City in direct proportion to the amount of land (including tidelands) that each entity administers. For example, the County owns approximately twenty percent (20 %) of the CRMP study area. Therefore, the County agrees to fund twenty percent (20%) of the CRMP, with the City or other partners funding the remaining-eighty percent (80 %) . C. .Implementation of the Studies. The CRMP and Lower Bay p.s Services Study would begin after the time that the County Executive Officer notifies the City that a current Strategic Plan for Harbors, Beaches, and. Parks countywide is complete. D. Implementation of the Studies Recommendations. The Parties agree that, subsequent to completion of each study, they will engage in good faith discussions relative to implementing any study recommendations but final implementation shall be upon. the mutual consent of both parties. Adopted this day. of 2006; by and between the County of Orange, the Orange County Development Agency, and the City of Newport Beach. Supervisor Bill Campbell, Chairman Orange County Board of Supervisors Date 5 Oct 20 2Q06 10:51nM HP LnSERJET FnX • Don Webb, Mayor City of Newport. Beach Darlene J. Bloom Clerk of the Board I.aVonne M. Harkiess, City Clerk City of Newport . Beach -1 :."-r -s. � J Date Date Date P. �J w Lzi 0 0 FR13M : 0 PHONE NO. : 775 i Council Members Newport Beach City Council Newport Beach, CA Dear Council. Members: Oct. 24 2006 10:OeAM P2 RECEIVED 2M6 OCT 24 PEI q- 56 C -'r n, nC 'iv- l Cp .... ....... .. .... — _........_. - .. -.... -- .......- ..._.. _. _..._.. Last 'Tuesday (October 17.20M I attended She Board meeting with the lntert of Making a statemot expssing pilot couscerss regarding the safety of the a3dstir,p 57(!0 foot rm*ay at the Jahn Wayne Airport. tlrrforturea6ely I cannot attend aft Tuesday meeting (October 24,, 2006) at which time the Ceaunty.City of Newport Beach Agreerrient curling the future of operations at JWA will be finalized. p�� f request that my st�aidme t be read into the record during To begin with. my name is &il Brown, I am a resident of Newport Beach, and I am a retired Awn Airline's Captain. I began my a€ribm career in 1984 flying Boeing 73rs out of the Orange County Airport. I am writing dit for the benefit of the pilots and their passengers who mm ttds airport, and the veW fts Who live in the vicim'ty of the airport operatim t I♦ The other day l was speaking to Captain Tom him, a former ChW Pilot and Due for of fight moans for AkCal, and than Uam grog Dissector of Technical Operations for American Airibu s. Also, he was one of the designers of the currant notve abs6saw!t pr000durs in use today at Lire John Wayne Airport. He stated that oven diough the short 5700 That spray at JWA Is sage and masts the FAA amrosued performance criteria for toff and Linefigs, It has a oontdderaWy less margin of safety than Mat of an extended runway, He woontioned brat an exk msion of the 19R runway would be a wtn -4Wn si udion for pilots and the traveling public by providing that extra margin of saf ty the lengthening of the runway would osier, and also for the airport neighbors is a form of MW from the prey not , , fevel that departing airplanes ores at this time by allowing the annual! to 1111111-off further to the north thus they the airoral't would be higher aver the area south of the airport and higher equates to Mdeter; 0 w r Z FROM PHONE NO. : 775 749 5732 Oct. 24 2006 10:09RM P3 Of course there is a COMM that a bnger runway would bring larger airplanes to the Orange County Airport. Is 7$7s. But by using a displaced landing threshold at the approach end of nmway I SR and increasing the landing distance by only a few hundred feet would not increase the potential for the Shrines to bring in larger airplanes to the airport. Also the larger wargspan of lets say the Boeing 767. 2(WZ)OM (ER standing for Extended Rangej- which to over 32 feet longer than the Boeing 7673 which are presently the largest passenger airplane using the JWA ietminat -would not be compatible with the eXISUrg terminal. Also, there am then mMMM that would continue to enforce noise compliance of the aircraft departing the airport There is one other safety feature that should be oonsidemd before ! close, and that would be the use of soft concrete at the departure (southarn) end of runway 19R, and utilizing the southem portion of the safety area of that runway. Soft concrete is a product that slowly collapses as the weight of an airplane roils over it, and enhances an aircraft's deceleration. Just a week or so ago a corporate JO was spared severe damage when soft concrete stopped it as it was about to overrun the end of a runway at the Burbank Airport. So in concussion, if passenger safety, and a better noise environment for Hie neighbors around the airport is a goal of this commission then hopefully, you will take the tune to consider these items. Also V you have any questions please feel free to contact me at my e-mail address below. �Skwer ely, Bill Brown Airoaal@aol.com cc Members, Orange County board of Supervisors Members, Newport Beach City Council FROM • PHONE NO. 775 749 5732 Oct. 24 2006 10:08AM P1 TO: FROM: �� "- 0tAfJctL fM`6rn ?,bR% f3ttrt_r'V1.0LA,j COMPANY: DATE: UL-Wf olar 4-01'/ 06 FAX NUMBER: TOTAL # OF PAGES: 'I L{15. - l-,4 -X020 FACSIMILE TRANSMITTAL RECEIVED 2EM OCT 24 PH t2. 54 PHONE NUMBER RE: 4 t R pd A-4, ❑ URGP.NT © FOR REVIEW 17 PLEASE COMMENT ❑ PLEASE, REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: This message is intended only fix the use of the individual m entity to whsh it is addressed and may contain iafasmadon that is pdvikged, coafidentiai and mmmpt faun disclosure under applicahk law. if the !Coder is not the intwded recipient, do not disseminate, distn'bute ur copy this eammuaication. If you have mcivW this 00m01unkatim in earn, please notify us immediately by tAephone mid retreat die odgnaal message to ns at the shove address via U.S. Postal. Sft"A . -Ku, a�WPORT CITY OF NE *ORT BEACH o• e ADMINISTRATIVE SERVICES 3300 NEWPORT BLVD.. Cy��p0.N�P P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 RECEIVED BY: CECILIA TODAY'S DATE: 08/15/06 02022058 BOBBY LATHROP CASH PAID $.00 0 CASH RECEIPT RECEIPT NUMBER: 01000060650 PAYOR: LATHROP, BOBBY REGISTER DATE: 08/15/06 TIME: 14:24:33 C-3791 IN LIEU OF BIDDER'S BONDS $6,500.00 --------------- - TOTAL DUE: $6,500.00 HECK PAID CHECK.NO TENDERED CHANGE $6,500.00 3986 $6,500.00 $.00 Thompson, Lois Modified: Tue 8/15/2006 2:17 PM Contractor Submitting Cashier's Check in Lieu of Bidder's Bond Note to File: C- 0 Contractor submitted cashier's checks in the amount of $ in lieu of bidder's bonds. Checks were deposited in above account. When normal "Release of Bond" occurs, bring a copy of this document and a signed Payment Authorization form to Accounts Payables and a check will be issued through the normal batch process as a refund. Lois Thompson, Fiscal Operations Manager J • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 BIDDER'S BOND flao- as ©s8 cask i We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MALIBU CIRCLE SLOPE REPAIR, Contract No. 3791 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of .2006. Name of Contractor (Principal) Authorized SignaturelTtle Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) A OF NEWPORT BEAR NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 10:30 a.m. on the 15th day of August, 2006, at which time such bids shall be opened and read for MALIBU CIRCLE SLOPE REPAIR Title of Project Contract No. 3791 d� � �;�V tft 111��.R $80,000 drol' Engineer's Estimate Approved Badum Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE htti):llwww.clt .newoort- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents free of charge at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. Additional copies are $10.00. Contractor General "A" License Classification required for this project For further information, call Michael J. Sinacori, P.E., Protect Manag at(949)644-3342 7 • 0 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Plant Establishment and Maintenance @ S!�4 4XUAW Dollars and j�- Cents Per Lump Sum 11. Lump Sum Repair Existing Improvements Damaged by Work @ Ore. AfXua( Dollars and �iJ` -'� Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS I and 9i� Cents RI151D( Date Iw -NS►- Bidder's Telephone and Fax Numbers ]1&40( A Bidder's License No(s). and Classification(s) $ 000 $ �Sf -7-77 , .. Total Price (Figures) Vsat� Bidder's Authojzed S`ignature dad Title 525(0 S. mr55M'V -% Bidders Address . sot 1, GA F: \USERS\PBW\Shared\ContradslFY 06-07\MALIBU CIRCLE SLOPE REPAIR C- 3791\PROPOSAL C- 3791.doc 0 commuNn-Y NAnoNAL BANK 05 Ho M. BOBBY LATHROP REMITTER DATE PAY THE * *: *:R CITY OF NEWPORT BEACH �r*** ORTO DEA 0 63 0 —DOLLARS CASHIER'S CHECK I A 6, 1 MP 11.00398611' -.q: 12 2 214 113 21: 0 50000 5 Lill CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 BOND NO. 321569 The premium charges on this Bond is $ 1883.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to EXCAVATING ENGINEERS, INC., DBA HILLSIDE RETAINING WALLS COMPANY, hereinafter designated as the "Principal", a contract for construction of MALIBU CIRCLE SLOPE REPAIR, Contract No. 3791 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. 3791 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and finely bound unto the City of Newport Beach, In the sum of Sixty -Two Thousand, Seven Hundred Seventy -Seven Thousand Dollars and 001100 ($82,777.00) lawful money 6f the United States of America, said sum being equal to 106% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs,.executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sun 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 same shalt in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety Ve n Ted, On the 7TH ay al SEPTEMBER 2006. EXCA NG ENG EERS, INC., fed Signature/Idle 013A HILLSIDE RETAINING WALLS COMPANY \1 (Principal) AMERICAN CONTRACTORS INDEMNITY Name of Surety 1081 CAMINO DEL RIO SOUTH #'107 SAN DIEGO, CA 92108 Address of Surety 619- 297 -2900 Telephone FACT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED + IVORU r American Contractors Indemnity CompakLy =— IpaA1 irport Blv3 , 9' Flipr3.o* Angel Calit Yris s _ - �t POWER OF ATTORNEY yy KNOW ALL MEN BY THESE PRESENTS: Ej �I°i� III'IjliV �� ® 7 r MIA Ameri titrai inn' f ..- + I�f WiVt ja Cialifornia corporation, does hereby appoint, 7�a cari£o 'tom ale Cote o She State of �dln o > _ — aY Pant a, � Y PP Corrine Brown of San Diego, California ` 1,191111"1 1 its true and lawful Attomg(s }in -Fact, with�rllAlfw,t cute on its.bel�lffl nd . undert al t �s, s and other contracts 4f indemr?[ty and wriarlgs��r�in the tted in the course o£ its business and to bind the Company thereby, in an .'' Amount riot to exceed S 3,000,0W.00v-� This Power of Attorney shall expire without fordoraction an March r 4 Thicw _ - is f �,`h`stt��p sealey }acsimi efier and by e o 'ty of the following Resolution adopted by the ftf -i f AMEM1111si,104 CTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of DecernbeF 90- = _ "RESOLVED that the Chief aecutive Officer, Preside a? bee Preside x I e ifl?e pideat, StDtiv.� or 4fPna -Secretarj€ shaft -eiWe er and authori !`1rjri� } 9f, To {ht1 4 ri1 vll]1: Sll Fact an o aurorae them to execute on behalf of the Company, and attach the seal of the Company theret I tl bonds and undertakings, contracts ofimlemnay and other writings obligatory in the -wit sre thereofond, a 2. To remove, at anytime, any such Attorney -in- Fact - tnd rsvokr the (w1b irrry giaE __ h I c ` �s f,ijI i RESOLVED FURTHER �ha! the signatures of such officers aerie r� of the Company maybe a•{J'&ed to an s IJ 4N relating thereto by jaCsimile, and any such Power of Attomey or c%bficate bearing c aa� i e iiil res or f q}' �ualid upon the Company and a , s {. e a led a foWy facsimile signa re ��� t �� ��� r �'l ° ��eCrl shall Ii e�d�{ upon the Cmpany ajsrre b7th res ect ty���yt�}Q6''tl�yy kin n rt er attached." {{I == p �'fi'I!I'��113,�� g - RRWITNESS WHEREO American Contractors Indemnity Company has caused its seal to be affixed hereto ainl timrtad�hief { Executive Officer on the 15" day of December, 2003. ntn,. HE illila. a1i�- ERtGAIgENONT'RACrORS INDEMNITY COMPANY 50n'ihis 15th day of December 2003, before me, Deborah Reese, a notary public, Officer of American Contractors Indemnity Company, persona known t ine ( be the person(s) whose name(s) is_(arrc wbscribedV the wi _ � _ ffityid-mc his/her /their authorized capacity(ksi, and-1Gniby hcu'her /thy_ a fate which the person(s) acted, executedthe-matmrnent. a WITNESS my hand and official seal. iii @V: Sel ; Contra tic ; IjOAAKompany, do hereby certify that the Power of Attorney and the I' p—the Boar if to o said Company as set forth above, are true and correct transcripts thereof and-that neither _ of Attorney nor the resolution have been revoked and they are now in full force anckeffekx. HEREBY; have hereunto seUrny hand this day of _ 1*00-mt. - A ..... . A �n ALL- PURPOSE ACKNOWLEDGMENT State of California SS. County of SAN DIEGO On 917106 before me, ALA X. ALLEN, NOTARY PUBLIC IDATE) (N RYI personally appeared CORRINE BROWN SIGNER(S) 19 personally known to me - OR - CAKLA M. ALLEN W Commi5"0 # 1477711 -u Notary Public - Co Ifomla • San Diego County MY Comm. 2 plres Mar 20, 2008 ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE S my h d and official seal. I NOTARY' SIGN E OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ATTORNEY-IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SURETY BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT � I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN=(JES) AMERICAN CONTRACTORS INDEMKITY COMPANY RIGHT THUMBPRINT OF SIGNER APA 5199 VALLEY-SIERRA, 800 -362 -3369 m E s ACKNOWLEDGMENT State of C 'fornia County of n ^� On '�'O before me,�P1 n m - Gliborl (here insert nah ii e aid title of th fricer) personally appeared personally known to me ) to be the personN whose nameW ®er- subscribed to the within instrument and acknowledged to me thaefthey executed the same i hiOmftw authorized capacibA4w ), and that by i�is �d e~r signature(lon the instrument the person(,), or the entity upon behalf of which the personN acted, executed the instrument. WITNESS my hand and official seal. sEt�Nn nn. �vao coirwr�laNan#140 ee Wotan AJW - Camomo Signature Comm QO courdy (Seal) 02b3-7 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 10:30 a.m. on the 15th day of August, 2006, at which time such bids shall be opened and read for MALIBU CIRCLE SLOPE REPAIR Title of Project Contract No. 3791 $80,000 Engineer's Estimate Approved = �telShev'IG. Badum Public,,Works Director PLAN HOLDER LIST AVAILABLE ON CITY W EBSITE httP:1/%vww.city.nevvport- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents free of charge at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. Additional copies are $10.00. Contractor General "A" License Classification required for this project For further information, call Michael J. Sinacori, P.E., Project Manager at (949) 644 -3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON-COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 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 BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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 fitie of the project and the words "Sealed Bid" shall be clearly marked on the. outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: htto:/ lwww.gpo.aovidavisbacon /ca.html 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. � lu h01 A Contractor's License No. & Classification 1 E'6CAwKIAO CNe'lVi, W5, RU F( S Authorized Signa relTtle BI ) s� ®� Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 BIDDER'S BOND cA5k I We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MALIBU CIRCLE SLOPE REPAIR, Contract No. 3791 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of .2006. Name of Contractor (Principal) Authorized Signaturerritle Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) j ODMMUNrrY NATIONAL BANK szus. w,w,va.a.s>iaoi •eaw,a asmm iaowa -ms 05 BOBBY LATHROP REMRTER 02f14 }O, 90- 411VI222 DATE PAY ToTHtOF *U* CITY OF NEWPORT BEACH ORDEk E3K DOLLARS L,1 CASHIER'S CHECK M 11'0039J3Go0 4+:i2224ii32,: 050000509 e CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 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 Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if.needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number. Name: Address: Phone: State License Number: Name: Address: Phone: State License Number. Bidder V <� Authorized Signature/Title �le CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 TECHNICAL ABILITY AND EXPERIENCE REFERENCES �XCAC�A'jr�l{� �vi6�w�r3 4 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. 11 Project Name /Number Project Description Approximate Construction Dates: From 3 O(e To: 4 �06 Agency Name v Contact Person 5 'J Rolm R- Telephone 0$1) Zorlo'n�'J� Original Contract Amount $ `!�QCO Final Contract Amount $ q 045 D If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number Project Description yss W41 f CO^! Approximate Construction Dates: From q C4 To: q Agency Name :Z" ]EAN -rt � wniUJ.As f Contact Person K t-[JA amiss Telephone ((t[(() 1-gq ' 2 Sys 5, � l Original Contract Amount $ Final Contract Amount $ tp�(�DA7 If final amount is different from original, please explain (change orders, extra work, etc.) C L am4. „W drafE►ti� 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. NE No. 3 �� n �1 (�� Project Name/Number nn�l Toro 4lA SGf�1� �''-�rrC✓__rLLact --at� V4161 EIS-w Project Description 1�0Wr%f M VA( i tlyt(�bf Approximate Construction Dates: From '5115[6, To: 00;Orp Agency Name WA 64, MIt (A.S•D. - $6Wf- nef-4 A(w 0,1 Contact Person S1-4 t okygII Telephone sl) Original Contract Amount $75, 8d° Final Contract Amount $ 1, 313 If final amount is different from original, please explain (change orders, extra work, etc.) c Hers - Sri dry ad�dad + rein wAarlt a�decP kf rnissr�+ Uv�D�S 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. MALI No. 4 Project NameMumber Nom, Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor'? If yes, briefly explain and indicate outcome of claims. No. 5 p t *U Project Name /Number. t" Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name/Number poY`a Project Description Approximate Construction Dates: From Agency Name To: Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. /I _ „ �i 11�id?i Bidder 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of rrIcc ) i-M , being first duly swom, deposes and says that he or she is jes of 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. declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. EX,Ch,,vrrr� �xr`eyrr,�,.`.- c�iR Bidder Authorized Signa relTtle Subscribed and swom to before me this day of 2006. [SEAL] Notary Public My Commission Expires: 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 DESIGNATION OF SURETIES Bidders name����' 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): 64 Skc.vl*a,7 1'6Iq-fa -ICI) EnGcy�l�j), CA oj2p2 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL - Bidders Name 011 4 14t1R. w��N Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2005 2004 2003 2002 2001 Total 2006 No. of contracts ¢ 35 ZS Total dollar SO Amount of Contracts (in Thousands of $ %"',( No. of fatalities I;tr 4Er $ } No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of em to ment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Exur+"Af, Oi iAeWU,RA' - Business Address: 5x54 S. (Nss,6 . Q,Q• '>tri I � C4 q2�3 Business Tel. No.: -ySr -6 State Contractor's License No. and Classification: 'it o I Title yr#Aq Sr• " Fret Wyot The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnershiproint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partnersfjoint 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 ACKNOWLEDGEMENT OF ADDENDA Bidders name X1446 S(Qw WW IA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 08/10/2006 THU 8:12 FAX CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3799 ®001 /001 Addendum Page: 1 of 1 DATE: 08 -10 -06 BY: ubl� TO: ALL PLANHOlDERS orks Director SPECIAL PROVISIONS SECTION 7 -15 CONTRACTOR'S LICENSES. Replace this section with the following- At the time of the award and until completion of work, the Contractor shall possess a General "A" or C-12 Contractor's 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. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Pfease Print) fliS�D(o Authorized F:1Usem%PBVAShared1Cnnlracts1FY 06- 071MALIBU CIRCLE SLOPE REPAIR C-379tADDENDUM 1.DOC CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 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: ExW4,A6 enor aiu,6qu . db, ""{1L�. Name of individual Contractor, Company or Corporation: iii �Ac� QGy1u� Business Address: 4 103 fA q14F3 Telephone and Fax Number: California State Contractor's License No. and Class:—'7 (a 401 A (REQUIRED AT TIME OF AWARD) { Original Date Issued:_ s Expiration Date: 12,k% I �� 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: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of 6A 114VrN 1A 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: I nlnMr All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 1V(* 5 — Briefly summarize the parties' claims and defenses; - Na►k Have you ever had a contract terminated by the owner /agency? If so, explain. /VD06 -- Have you ever failed to complete a project? If so, explain. X1:0 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 la mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes 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. CAUt�fiVYUD Inc dxl AV Bidder Subscribed and swom to before me this (Print name of Owner or President of C"oration1Com7n Authorized SignatunirlFitle Pi(.s t?drSf' Title gIlfIopp Date 18 day of 2006. [SEAL] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 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 Band 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 MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 gq CONT�RACT� ,�w`✓� THIS AGREEMENT, entered into thisy day of n"0 , 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and EXCAVATING ENGINEERS, INC., DBA HILLSIDE RETAINING WALLS COMPANY, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MALIBU CIRCLE SLOPE REPAIR - Contract No. 3791 A minor slope repair project on City property to the rear of the property at 3 Malibu Circle in the City of Newport Beach, which includes the removal and disposal of sloughed material; variable depth unclassified excavation and disposal; grading; import and place ground cover; slope planting; plant establishment and maintenance; repair existing improvements damaged by the Work. 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. 3791, 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 Sixty -Two Thousand, Seven Hundred Seventy -Seven Thousand Dollars and 00/100 ($62,777.00). 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: Michael J. Sinacori - (949) 644 -3342 Excavating Engineers, Inc. dba Hillside Retaining Walls Co. 5256 S. Mission Road, #703 -002 Bonsall, CA 92003 760-451 -8600 760- 451 -8602 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 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 11185) 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. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 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 or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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. ATTEST: J CI CLERK 25 CITY OF NEWPORT BEACH A Mun' ' rporation By: Mayor Title: '%2 S 1 djAX Title: Print Name: M G� Best's Rating Center - Company Information for American Contractors Indemnity Compa... Page 1 of I View Ratings: FJnaactal.Stren9th %;suer Crcd•t Securities Advaneetl Search Other Web Centers: r American Contractors Indemnity Company (a member or bccjmvM+•u••'•fjW) A55ign84 tocampardes Uxa have.h (`' AMBesl a: 11019 NAICP. 10216 FEIN #: 954290G51 0urapinim, an a[Ce9er11 abNly Is mcct Address: 9841 Airport Boulevard, 91h Floor Phone: 310 - 649 -0990 me r em�I9au0na ro Los Angeles; CA 90045 Fax: 310- 649 -1061 Web: wwwAccsurety.com Best's Ratings Financial Strength Ratings YLevGD_efinitions Issuer Credit Ratings. VJow DPRPltien$. Rating: A (Excellent) Long -Term: a Financial Size Category: VI (525 million to 850 million) Outlook: Stable Outlook: Stable Action: Affirmed Action: Affirmed Dale: Juno 09, 2006 Effective Date: June 09, 2006 * Denotes Under Review Best's Ratings Reports and News Visit our NewsRoom for the latest news and Press releases for this company and its A.M. Best Group. ��^ 1] Best's Company Repoll3 - Includes Best's Financial Strength Rating and rationale along with comprehensive analyt \y detailed business overview and key financial data. V Report Revision Date: 0712112006 (represents the latest significant change). Historical Reports are available in ¢QSt_s: Cp�p30Y1epprt Archjve. Best's Executive Summary Reports (Financial overview) -available in three versions, these presentation style r1 ',sheet, Income statement, key financial performance tests Including profitability, liquidity and reserve analysis. - Data Status: 2006 Best's Statement File - PIC, US. Contains data compiled as of 812912006 (Quality Cross Checks • Single Company - five years of financial data specifically on this company. • Ssm2atisan - side -by -side financial analysis of this company with a peer group of up to five other companies. yc • Qgbip a t0 - evaluate this company's financials against a peer group composite. 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Best Company, Inc. Ali rights reserved. A.M. Best Worldwide Headquarters, Ambest Road. Olmick, No. Jersey, 08858, U.S.A. http: / /www3.ambest.com/ratings /Full Profile. asp? B1= 0 &AMBNum= 11019 &AltSrc =1 &A... 09/13/2006 California Business Search DISCLAIMER: The information displayed here is current as of AUG 11, 2006 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation EXCAVATING ENGINEERS, INC. Number: C1924911 J Date Filed: 11/13/1995 Status: active Jurisdiction: California Address 5256 S MISSION RD STE 703 PMB 002 BONSALL, CA 92003 Agent for Service of Process MARTIN G SMITH 3712 S MISSION RD FALLBROOK, CA 92028 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 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http: //kepler .ss.ca.gov /corpdatalShowAil List ?QueryCorpNumber= C1924911 &printer =yes 08/15/2006 License Detail Page 1 of 2 License Detail CALIF_08RIA_C_0_NTRACTORS STATE UI ZQJ Contractor License # 716401 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 08/15/2006 * * * Business Information * * * EXCAVATING ENGINEERS INC DBA HILLSIDE RETAINING WALLS COMPANY 5256 S MISSION RD #703 -002 BONSALL, CA 92003 Business Phone Number: (760) 451 -8600 Entity: Corporation Issue Date: 12/14/1995 Expire Date: 12/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Additional Status Information * * * Click here for Complaint Disclosure information. * * * Classifications * * * Class Description GENERAL ENGINEERING CONTRACTOR http : / /www2.cslb.ca.gov/ CSLB _LIBRARY /License+Detai1.asp 08/15/2006 License Detail * * * Bonding Information * * * Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 149124 in the aml $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's.Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) Mf GENE SMITH certified that he/she owns 10 percent or more of the voting stock/equity c corporation. A bond of qualifying individual is not required. Effective Date: 12/23/1999 * * * Workers Compensation Information * * * This license has workers compensation insurance with the CYPRESS INSURANCE COMPANY Policy Number: W6135510 Effective Date: 01101/2006 Expire Date: 01/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licer Personnel List Other Licenses Complaint Disclosure License Number Reguest Contractor Name Request Personnel. Name Request Salesperson Request Salesperson Name Request O 2006 State of California. Conditions of Use Privacy Policy ltttp: / /www2. cslb. ca. gov/ CSLB_LIBRARY /License+Detail.asp 08/15/2006. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 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. 3791 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ f' 446 Dollars and Cents $ Per Lump Sum 2. 40 C.Y. Removal and Disposal of Sloughed Material @ ON h�rd(2d Dollars and Cents $ i 00 $ 4 Da<3 Per Cubic Yard 3. 15 C.Y. Unclassified Excavation and Disposal I Dollars and '7-00 3r coo Cents $ $ Per Cubic Yard PR2of3 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 4. Lump Sum Grading n, (,e,F-e -V\ , * -q� ��� ����,p @ 50081A Dollars and Cents Per Per Lump Sum 5. 20C.Y. Re -use of Sloughed Material OrC "44 @ Dollars and 00 Cents 001 Per Cubic Yard 6. 55 C.Y. Re -use of Excavated Material @ QK lu g Dollars and LOU;,_ � Cents $ 00 $ 5� Per Cubic Yard. 7. 45 C.Y. Import and-- Place Backfiill Clayey Soil @ I Wb Y 1ld Dollars and Cents $ ZOO $ q, O�d Per Cubic Yard B. 15 C.Y. Import and Place Top Soil Dollars and 4t7� Cents $ ZOO $ 3i DC0 Per Cubic Yard 9. 300 Each Slope Planting @ �� Dollars and -------- 'Cents $ 1 $ 14 5� Per Each PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Plant Establishment and Maintenance @ S/1� 46WR44 Dollars and P Q�P Cents Per Lump Sum 11. Lump Sum Repair Existing Improvements Damaged by Work @ Of C � pe _4&yj Dollars nd Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS I p0 and A Cents S1 151c)( Date lw-g51-.6�OD .)IQp_�I t�o2 Bidder's Telephone and Fax Numbers '11 i 40 ( A Bidder's License No(s). and Classification(s) Ow $ 000 Total Price (Figures) 5,L 5(o S. mr55c n ( - Bidder's Address '&smell, CA °123 F:WSERMPSWZharedlCwhractslFY 06-07VAALIBU CIRCLE SLOPE REPAIR C3791WROPOSAL C- 3791.doc SECTION 2 2 -6 SECTION 3 3-3 3 -3.2 3 -3.2.3 SECTION 4 4 -1 4 -1.3 4 -1.3.4 SECTION 6 6 -1 6 -7 6 -7.1 6 -7.2 6 -7.4 6-9 SECTION 7 7 -7 7 -8 7 -8.6 7 -8.6.1 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 INTRODUCTION PART 1--- GENERAL PROVISIONS SCOPE AND CONTROL OF THE WORK WORK TO BE DONE CHANGES IN WORK EXTRA WORK Payment Markup CONTROL OF MATERIALS MATERIALS AND WORKMANSHIP Inspection Requirements Inspection and Testing PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK TIME OF COMPLETION General Working Days Working Hours LIQUIDATED DAMAGES RESPONSIBILITIES OF THE CONTRACTOR COOPERATION AND COLLATERAL WORK PROJECT SITE MAINTENANCE Water Pollution Control Best Management Practices and Monitoring Program 1 1 1 1 1 2 2 2 2 2 6 F 3 3 3 3 4 4 4 4 5 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9-3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -2 UNCLASSIFIED FILL 11 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 11 308.4 PLANTING 11 308 -4.3 Layout and Plant Location 11 308 -4.9 Erosion Control Planting 11 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 12 APPENDIX A SLOPE REPAIR GEOTECHNICAL EXHIBITS f :lusers\pbvAshared\oontractslfy OCr07bnal1bu circle slope repair o-3791\specs index c- 3791.doc SP 1 OF 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MALIBU CIRCLE SLOPE REPAIR CONTRACT NO. 3791 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (see appendix); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of a minor slope repair on City Property to the rear of the property at 3 Malibu Circle in the City of Newport Beach, which includes the distribution of construction notices to nearby residents; remove and dispose of sloughed material; variable depth unclassified excavation and disposal; grading; place filter fabric; import and place ground cover; slope planting; plant establishment and maintenance; repair existing improvements damaged by the Work; and other items of work as required to complete the work in place." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3-3.2 Payment SP 2 OF 12 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. 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. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 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 SP3OF12 Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job.' 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st ,t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (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 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special 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 SP4OF12 pay for supplemental inspection costs of $60.00 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 $500 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402.° 7-8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water for his slope repair operation, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." SP5OF12 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines and compaction, , etc. Irrigation water shall be provided by the property owner at 3 Malibu Circle." 7 -8.6 Water Pollution Control. Add to this section, 'Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish SP6OF12 and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be refiectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." SP7OF12 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post -at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. SP8OF12 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor'sLicense. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: The following items of work pertain to the bid items included within the Proposal: Item No. 1: Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary, including traffic control, to complete the work under this contract. Item No. 2: Removal and Disposal of Sloughed Material: Payment for this item shall be made on the quantity of material removed and disposed of from the portion work site currently covered by the sloughed material. Such material may include sloughed soil, weeds, trash, and other undesirable material found within the work limits shown on the Plans. The cost of all equipment, material, labor, and disposal charges as required to rough grade the site for slope uniformity after the sloughed material has been removed shall be included as a part of the price bid. SP 9 OF 12 Item No. 3: Unclassified Excavation and Disposal: Payment for this item shall be made on the quantity of material excavated and disposed of from the portion of the work site where slope repair is to be performed. Such material may include loose soil, vegetation, and other undesirable material as determined by the Engineer. The cost of all equipment, material, labor, and disposal charges as required to complete the work shall be included as a part of the price bid. Item No. 4: Grading: Payment for this item shall be made for the equipment, material, labor, and all other costs as required to grade, bench, and compact the soil within the slope repair site as approximately shown on the Plans and as directed by the Engineer. Item No. 5: Re -use of Sloughed Material: Payment for this item shall be made for the quantity of sloughed material recovered from within the work site and then re -used for the slope repair. The cost of all equipment, material, labor, and all other costs required to compact and complete the work in place shall be included as a part of the price bid. Item No. 6: Re -use of Excavated Material: Payment for this item shall be made for the quantity of excavated material recovered from within the work site and then re -used for the slope repair. The cost of all equipment, material, labor, and all other costs required to compact and complete the work in place shall be included as a part of the price bid. Item No. 7: Import and Place Backfill Clayey Soil: Payment for this item shall be made for the quantity of import material placed for the slope repair. The cost of all equipment, material, labor, and all other costs required to compact and complete the work in place shall be included as a part of the price bid. The clayey soil should be tested and approved by the Engineer prior to importing. Item No. 8: Import and Place Top Soil: Payment for this item shall be made for the quantity of import 8- inches of topsoil material, as required, if sloughed material is not usable. The cost of all equipment, material, labor, and all other costs required to compact and complete the work in place shall be included as a part of the price bid. Item No. 9: Slope Planting: Payment for this item shall be made for the quantity of plants installed in place. The cost of all equipment, material, labor, and all other costs required for providing soil amendments and plant vitamins, soil preparation, planting, watering, and the installation and removal of temporary irrigation system (if any) shall be included as a part of the price bid. Item No. 10: Plant Establishment and Maintenance: Payment for this item shall include plant replacements, weed removals, and watering. The cost of all equipment, material, labor, and all other costs required to complete the work in place shall be included as a part of the price bid. SP 10 OF 12 Item No. 11: Repair Existing Improvements Damaged by Work: Payment for this item shall be made for the repair of all existing improvements that are either damaged or removed during the course of the work. Such work may include the removal and rebuilding of a portion of the existing concrete screen wall at the top of the native access trail to accommodate the delivery of equipment and/or material, the repair of existing irrigation system(s) within the canyon, the re- establishment of the existing unpaved access trail, the replacement of existing landscaping, and other work as required to restore the site. 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." SECTION 212 - -- LANDSCAPING AND IRRIGATION MATERIALS 212 -1 LANDSCAPING MATERIALS 212 -1.1 Top Soil 212 -1.1.1 General Modify this Section with, "Unless existing sloughed material is re -used, all top soil shall be Class -A." 212 -1.4 Plants 212 -1.4.1 General Add to this Section with, "All plants are to match the existing Algerian Ivy that is adjacent to the project site. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www.city. newport- beach. ca. us /GSV /Frachised %20Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of SP 11 OF 12 jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -2 UNCLASSIFIED EXCAVATION 300 -2.1 General Replace this Section with, "All unclassified excavation shall be made at the direction of the Engineer. Although it is the project's intent to excavate, dispose of, and repair the top 5 feet of the existing slope, there exists a possibility that unacceptable material may encountered during work and additional excavation may be necessary. The contractor shall, therefore, be prepared and have equipment readily available for excavation up to 8 feet below the existing slope surface. In case sound material is reached prior to 5 feet below the existing slope surface, additional excavation shall not be made." 300-4 UNCLASSIFIED FILL 300 -4.2 Preparation of Fill Areas Add to this Section with, "Subsequent to the excavation and disposal of unacceptable material, the slope /ground should be keyed a minimum of 10 feet and benched, as it is brought up the slope. The foundation soil should be firm with relative compaction at least equal to 90 percent." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308-4 PLANTING 3084.3 Layout and Plant Location Add to this Section, "All plants shall be planted at a maximum center -to- center distance of 6- inches." 308 -4.9 Erosion Control Planting 308 -4.9.3 Watering Add to this Section, "The contractor will be allowed to use the existing irrigation system located at the top of the slope repair area in the rear of the property of 3 Malibu Circle. Any modifications to the irrigation system to accomplish the required watering for the project (establishment and maintenance) shall be done at Contractor's expense. The existing system is currently operated by a manual valve." SP 12 OF 12 308-6 MAINTENANCE AND PLANT ESTABLISHMENT Add to this Section, `The maintenance and plant establishment period shall be 60 consecutive calendar days. Such period shall commence after all "punch list° deficiencies have been corrected to the satisfaction of the Engineer." F:\USERS\PBW\Shared\Contracts\FY 06-07\MALIBU CIRCLE SLOPE REPAIR C 791\SPECS C- 3791.doc PATIO Top of Slope 1.5:1 HA -1 H-T � 1.5:1 1.5:1 (h:v) APPROX, �1 Af Terrace Drain 1.5:1 (h:v) APPROX. LEGEND V HA -1 e APPROXIMATE LOCATION OF HAND AUGER BORING 9 -2 A APPROXIMATE LOCATION OF BULK SAMPLE T -1 ® APPROXMATE LOCATION OF TRENCH Figure 2 BORING LOCATION AND Proj: 601076 -001 Date: 10/05 '411111 0- MAP VIEW OF PROPERTY qqw 3 MALIBU CIRCLE Eng /Geol: VMC /ELB Scale: 1"=1 CITY OF NEWPORT BEACH, CALIFORNIA L.eigRmn Gansu". im A A, Existing 1 I 1 1 I Slope Surfage I I S l 505 I i I I I I I 505 I I I I I I I I I I I I I 0495 ----- I----- L--- - -I - -- _1 ----- L ---- I_ 495 I i I I I I I I I ? "4 I I I IM485 - - -- - - - - -I - - I I I I -- - - -- I� I -� - - --I 485 I I I I i---- I I I I I I I I I I I I I I I I 475 - - -- 1 - - - - -F ---- t----- t I I I I I I I I I I I I I I I I I I - - - - -I - - I I I I I I - -t -- 475 I I I I Figure 3 CROSS — SECTION A —A' Proj: 601076 -001 Date: 10/05 3 MALIBU CIRCLE Eng /Geol: VMC /ELB Scale: 1 " =10' CITY OF NEWPORT BEACH, CALIFORNIA Leighton Cunsuthng,Inr 505 495 Y F 485 475 * Compacted to at Least 90% of Maximum Dry Density (ASTM Method D1557) Figure 4 ALTERNATIVE 1 • Proj: 601076 -001 Scale: 1 " =10' Date: 4/06 3 MALIBU CIRCLE DRIVE Eng. /Geol. VMC /ELB Drafted By: BOT CP By: BQT CITY OF NEWPORT BEACH, CALIFORNIA Leighton Consulting, Inc. p;( DRAFT@ JGI501076100110F0 &-04- OSfFTGURES.OWG(0"6- 0611:30 :11AM) Pbftdby: Wan I I I I *CI I I I .0111 yey Soil Ba (Mini um Requirerent s: I + 0> f 0' & C>30cpsf) 505--- I I I I I I I I -- I I I I 495 I I I I I I - - -- J----- 1-- - - -1 -- I I I I I I --- 1--- - - -1 -- w I I I I I Z 4 I I I I I I I I I W I I 485 ---- �----- I- - - -- ----- I----- F- - - --1- — I I Stepped Ior i I I I Benched R4moval I I I I I I I I I 475 i I I -----i-----f------i------I-----I--------I--- I I I I I i I I I I 1 I I I I I I I I I I I I I I I I 505 495 Y F 485 475 * Compacted to at Least 90% of Maximum Dry Density (ASTM Method D1557) Figure 4 ALTERNATIVE 1 • Proj: 601076 -001 Scale: 1 " =10' Date: 4/06 3 MALIBU CIRCLE DRIVE Eng. /Geol. VMC /ELB Drafted By: BOT CP By: BQT CITY OF NEWPORT BEACH, CALIFORNIA Leighton Consulting, Inc. p;( DRAFT@ JGI501076100110F0 &-04- OSfFTGURES.OWG(0"6- 0611:30 :11AM) Pbftdby: Wan r 09/06/2006 10:35 FAX 7604518602 Hillside. [d 002 /009 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 08/2911006a"610-40 " PRODUCER Barney & Bamey LLC CA Insurance Lie: 0003950 9171 Towne Centre Drive Suite 500 San Diego, CA 92122 858 -457 -3414 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 9 INSURED Excavating Engineers, Inc. . 5256 S, Mission Road: Suite 703 Bonsall, CA 92003 ' INSURERA: FUeandSFUNdle"Tanee Company 21873 INSURERS: C pr=HN- Redwood Fite and CasNalry Iris. CM 11673 INSURERC, Goldea Eagle Insurance Corpomdon IOS36 INSURER D: Yates- OeminilmonIncocompany 10833 NSURENE I /!12007 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW17H8TANDING 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. POLICYNUMBEA POLICY EFFECTNE POLICY EXPIRATION LIMITS .LIL X OEHERALLIASR.ITY GENERAL LIABILITY CLAINSMADS OCCUR VCGP012050 U1120D6 I /!12007 FACHOCCURRENCE 5 1,000,000 Er 50000 S f NEDEXP Wo M S 5,000 ]COMMERCIAL PERSONAL& ADV INJURY S 1,000 000 D GENERALA.GGREwTe S 2,000,000 OENLAGGRfi TELM)TAPPURSPEIC PRODUCM- COMPIOPAGG S 1,000,000 nis cenificate amends and upemeder prioi certifrcater x1 POLICY Loo AUTOMOSILBL1ARILOY % ANYAUrD (E; omlSwcLEUMIT $1,000,000 BDDILYINDURY (Porpamon) 8 C A CWNBDAUTOS SGKEDUlEDAUT0S BA8186011 8/202006 8!2012007 SOCILYINJ RY (ParsoddnH) S HIREDAurOs NONOMEDAUTOS PROPERTY OMNGE (Perameen0 S GARAGE LIABILITY AUTO ONLY• EAACCIDENT S THA EAACC AUr ONLY AGO $ ANYAUTO s E%GEBSILµ1BABLLA LIABRlIY OCCUR' 'CLAIMS MADE 1 WE I�! AIYAGER ..DDCIIRRENDE S AGGREOATE S S a DfiDUCTlate RETENTION S WORKERS COMPENSATION AND W6135510 1/1/2006 1/1/2007 % wcsrATU- o B EMPLOYERS'LIABN.RY ANYPROPRIMORRARTNENE%ECURVE OyFyefle�aGERME1dBEN EXCLU[IEOP NPEdrPOROUMO AMw EL EACITA mFM 81000000 L OISTJISE- FAEMPLOYE $1000000 EL DISEASE - POLICY LIMIT 51,000,00 OM Marine MZI98307971 6/2/2006 6/2/2007 5100,000 leasedorrented equipment cover A DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS F 10 days notice for non- payment of premium. RE: H2637 - Malibu Circle Slope Repair. Workers' compensation waiver of subrogation to follow upon carrier approval. City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 25 (2001108) r.R—i AAR4TT Md A AAa rMtR Subject: SHOULDANYOFTHEABOVE DESCRIBEDPOLICIESBECANCELL !DDEFORETHEE IMVON DATE THEREOF, THE LSSUINO INSURER WILL ENDEAVOR TO MML 30 DAYS maTsaI NOTICETO THE CERTIFICATE HOLDER NANTED TO THE LEFT. BUT FAILURE TD DO SO SHALL IMPOSE NO OBUGATION CA LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR gfsieh it 09/06/2006 10:35 FAX. 7604518602 Hillside IA003 /009 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policyges) must be endorsed. A statement an 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 csrfiflcale holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 09/06/2006 10:35 FAX 7604518602 11111side X1004 /009 INSURED: Excavating Engineers, Inc. COMPANY: Gemini Insurance Company POLICY #: VCGP01205D POLICY PERIOD: 1/11/2006 EFFECTIVE DATE: 1/1/2006 TO 111112007 Policy Number: VCGP012060 tnsumd Name: EXCAVATING ENGINEERS, INC. OEM MLLSIDE RETAINING WALLS tiI�SURANGEA�6=j� .� -` ENeetive Date: 0111112000 ATE R THIS ENDORSEMENTCwam TTie POLICY. P"ASF. nAf7 Tr CAREFULLY. ADDITIONAL INSUMD- OWNERS, LESSUSS OR CONTRACTORS- SCHEDULED PERSON OR ORGANTZATIOi,1- TNCLIMING PRODUCTS - COMPLETED OPERATIONS (AMENDED) This endorsement meddles tasuraace provided ender the (allowing: COMM 9RCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSACOMPLETty onRATiONS LIABIRMY COvBRAGB i'AAT !Name of Person orOrgantzuttoa: City of Newport Beach, As officers, agents, officials, employees and volunteers are additional Insureds. (If no entry appears shove, lltfarmathm repirrtl to ebmpleta Ilrb endorsement kill be abo" In the Declarations as applicable to this endorsement) A) Seetioo H— Who To An Ittst red is arnrauled to include as an Insured the person or organization shows in the Schedule, but only with respect to tiabidity caused by your ongoing and completed operations performed. for that Insured. B) With respect to the insurance of rated to these additional insureds, the Mlowing exe(usloas are added. Z) Eselmlons . u) This Insurance Oats notapply to "bodily Injury" or "properly damage" arlsing out of "yoar w ork" that has been completed by or foe-'you prior, to the Policy Period. "Your work" will be deemed completed at the eariiesl of the following Omen: (1) When all of the work called for to your contract has been completed. (2) When all of the work to be done at the jab site hill been eomplctcd ify6t r contract calls for work at morn than one job site. (3) When that part ofthe work done at a job site has been put to Its intended use by any person or organizatiou other titan another contractor or subcontractar working on the some project. Page 1 of 2 VE02241205 09/06/2006 10:36 FAX 7604518602 Hillside Q005/009 Work that may need service, maintenance, correction, repair or replacement, btrt which is otherwise complete, will be treated as completed. b} This Insurance does not apply to liability caused by the sole negligenee of the person or organization shown In the Schedule: Page oil VE02241205 09/06/2006 10:36 FAX 7604518602 Hillside IM 006/009 INSURED: Excavating Engineers, Inc. POLICY#: VCGP012050 COMPANY: Gemini Insurance Company POLICY PERIOD: 1/11/2006 TO 1(1112007 EFFECTIVE DATE: 1/1/2006 Policy Number: VCGP012050 Insured Name. EXCAVATING ENGINEERS, INC. N 1t� ODA-. HILLSIDE RETAINING WALLS e i WbotiveDafe: 01/11!2006 DATE YD/TE NAGER TWS SMMORSRMENT CHANCfs5 Tim POLI1CX. PLEASE READ IT CAJUMILLY. AMENDMENT bUSCELLANEOUS PROVISIONS This cadorsemem modifies insurance provided under the following COir4MERaAL GENERAL LIABILITY COV ERAGB PART PRODUCTSICOMPLMED OPERATIONS LIABILITY COVERAGE PART It is agreed fora flat, fully een cdAddruonal Premium of$250 tics fblhwvmg Additional Provision(s) !spare added to the pnhcy as indicated by the Ile chocked in the box next to the applicable provMon(s) a) D Thi* (30) days vnnten nolwo euept Ion (10) days written notim tfthe policy cancels for nor!- payment of Premium to the certificate header named below. b) C] it is agreed thotalimmatmg (crossing out) the "Endeavor To" wordwgan the Certificate of Insurance for the certificate holder named below is acceptable. c) ® This policy shell he considered primary to any similar insurance held by third pampa in impact of work performed by you under wtitten Contractual Agreements %idi said third party( res) The Otud pwty(ies) to whom dus provision applies islare lisped below, d)© Mar Spacial Provisions Certificate HoldardApphcable Tltad Party(res) to whom this Endorsement applies City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REYIAIN UNCHANGED YE 0170 0102 rase t of t 09/06/2006 10:36 FAX 7604518602 Hillside IA 007/009 INSURED; Excavating Engineers, Inc. POLICY M VCGP012050 COMPANY: Gemini Insurance Company POLICY PERIOD: 1/11/2006 TO 1/11/2007 EFFECTIVE DATE: 111!2006 FAkp Namban VCGP012050 CG 24 6410" !atoned Nantes EXCAVATI GENGEM11.5, DW1,1IRL 1 I JSM9 R$TARONG WALLS Ct3MPANY Number; 33 aff diveORIN 01/11!2006 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Tbis ftdoe mentmtoriSes imaanoe pro%ided mules tW Nberlur CONBUIR lA%OHNFRALL[RBR. NCOVEIMSPART scram= Name of Teraoa ar OrgaalaNk�n: ASR1WAWj&v WkfP1FNa*ML&CT (if noeatry apptma abovgvd3KmatWe roquircd to eompleM this endonamentwll! be slwwa btllte Deelarxiosa as upplleable to ffib amorseme u y TMMLk SWtFRA MopRMMVMYAQ #MSTanWMToUSCauddes, Poo f3 W— CON1tMrJALGWWIAL IMBIt.ITY CtiNDMON3j Isemmdodby the addflion afthefd1owingt We waive any d&Ofrecovery we may bane again the prason of orgmdzadasahatm in thoSchedule above beeauso of payments we mans foridury ordamp a WWI; oot Of you Ongoing apaat[enuor*7=VQW *Mt nedera e0easa wAh that arm 0ronwizatifmandiadaMki The "Ptoduola•owapMed0paa IMhAzad ". Thin tvaim Wigs only bdte abowa In Uw schn" is °aSURANCEAPPR E RISK MANAGER CG 7A 0410 93 Copyright, laeurance $errieeaOfrtee, Ina„ 1992 PW I at] O 09/06/2006 10:36 FAX 7604518602 Hillside Q008/009 Slate Of CaRfornla CONTRACTORS STATE LICENSE BOARD �91w ACTIVE LICENSE AM" u.,. .716401 w CORP E-XeAV*TING- ENGINEERS INC DBA HILLSIDE RETAINING WALLS COMPANY c 12/31/2007 09/06/2006 10:36 FAX 7604518602 Hillside Quest - Business License Application 0009/009 Page 1 of 1 Business License Application - eReceipt Congratulations Marty! Your Business License Application has been submitted and your payment has been receive application will now be reviewed by a staff member and then approved accordingly. Pleas business days to receive your Business License Certificate via Postal Service. You may login to Quest at any time to view the status of your request. Receipt No: 42588259 Business License #: BT30016518 Total Amount: $208.00 View re Quests Please print this receipt for your records. City of Newport Beach - 3300 Newport Blvd - Newport Beach - California https:// www5 .city.newport- beaciLca.us/quest too/bus license /receipt.aspx ?receipr42588... 8/24/2006 09/13/2006 09:40 FAX 7604518602 Hillside IM002/005 A� CERTIFICATE OF LIABILITY INSURANCE Bp/a;nSa6,5"19 I'Mc aeR. • Barney & Barney LLC THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION CAlttsmanceLic: 0003950 ONLY AND CONFERS NO RIGHTS UPON 7HE CERTIFICATE 9171 Towne Centre Drive Suite 500 HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE C RAGE AFFORDED 13Y THE POLICIES BELOW. San Diego, CA 92122 LIl,Big 859457 -3414 INSURERS AFFORDING COVERAGE NAIGY mumb BXeavatIns Engineers, Inc., dba: Hillside Retaining Wall DI A. Redwood ilho CASUdty lMm0w a COmpRny 11673 1"fu am 5256 S. MISSION ROAD, wau�R PERSO ROYRINRY 378.703-002 wauRDto: BONSALL,CA 92003. wBURER e tAA a APFEs PEm: lOn THE POLICIES ANY REQUIRFAIEHT MAY PERTAN. POLICIES. OFINSURANCELISIffi BELOW HAVE BEEN ISSUED TO THE INSURED NAMEOABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING F OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE I}rSURANCEAFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUSIECTTO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE WAITS SHOWN IJAY14AVE BEEN REDUCED BY PAID CLAIMS. LTM NERCULOENERALUM&M mAata NAPE- OCCUR POUOYNUMaES percedespri T 8 LIl,Big OEm1EMLUASWfY Zhis Carlyk4£e amends and cadtfCalm VAeROCCUIRENCa M® UP eA. D p PERSO ROYRINRY ! GEIIERALAGGNEGAal r tAA a APFEs PEm: lOn FRommm- fMWAOG s AUTOMOa�OUAMM ALLOYMEDAUT08 SCHEDULED AUTOS WREDAUTOS N0401MI DAUrOS BBB q NGIEWSr GOOILYWANK 9"W" r SOLDmY IF awl ! PROFERT RAI"a VvaeGBNA] ! GARAGEUARIM ANYAUTO AUMONLY- FAZ-0p r ! DTNERTWt RAAOe AUTO ONIM AGG ! D IXea58NMS LVtBGitt OCCURjmumi MADE DEDUCnm Remm mN a PACHOCCURRENCE E AGGREGATE ! e r ! A MP �oo IToNANO Aa�eTA�t�e�eet � SPEdVYArCErindl0r E W6135510 1/1/2006 1 /12007 X *31.000.000 EL6AaxAamoExr sX 6L OIBEAeB -EA aX LLOISEASE-Egm WAN a OTlell Dmc NOPOPERATIONBf LOGATOXOIYP�ger�/ EYCLUBIONSAOOIT BY EItDORBENUTIRPECALPROV1810N8 '" EEmAH9 I�r£SML? FOR ADDI'i70NAL COVERACiB INFORMATION RE: B2637 - Malibu Circle Slope Repair. Workers' compensation waiver o£lubmgallon andonement to fellow upon barrier approval. Badorarment does not apply toward'volunicam'. All endorsements do not apply toward'volunteaW. City O£Newport Beach Public Wodm Departmcot 330ONewpart Blvd, NewpartBeach, CA 92663 CBent #46877 Mat#3768 Cart it Sublecit WTB TREDEDF T18 aM NG INBURBN PALL UHOGAVON TO MAN. 30 DAYa YADr NO1agT0 TNBCDRIIgOAYE XOLDafl NANRO70TN6LGPt, eerFAlWRe rD DODO DXALt IMPOae NO OBUDATION OR LJRB MY Of ANY NwD UPON THE INGURZA, MR AaNaYc OR 09/13/2006 09.:40 FAI 7604518602 Hillside WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INSURER REDWOOD FIRE & CASUALTY INSURANCE COMPANY (WE-ID: 09) CALIFORNIA IM 005/005 FORM NUMBER WC -04 -03-06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person(s) or organization(s) named in the Schedule. This agree- ment applies only to the extet;t that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remun- eration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the Cal- ifornia workers, Compensation premium otherwise due on such remuner- ation. Minimum Premium: $50. Schedule: Person or Organization: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 Job Description- SLOPE REPAIR JOB - E2637 MALIBU CIRCLE SLOPE REPAIR This endorsement changes the policy to which is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the paticy.) Endorsement Effective 01101/2006 PollcyNo. W- 6135510 Endorsement No. 25 Insured EXCAVATING ENGINEERS, INC. (A CORP) �3 09/12/2006 Countersigned by Authwized Hepreseniattve 09/13/2006 09:40 FAX 7604518602 Hillside IM003 /005 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the- pollay(les) must be endorsed. A statement on this certificate does not confer rights to the certlfloate holder In lieu of such andcrsemenl(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poitcles may require an endorsement. A statement on this cediffoate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of insurance an the reverse side of this farm does not constitute a contract between the Issuing Insurer(a), authorised fepresentallve or producer, and the certificate holder, nor dssa It affirmatively or negatively amend, extend or after the coverage afforded by the polldes listed thereon. 09/13/2006 09:40 FAX 7604518602 Hillside IM004/005 Insured: Excavating Engineers, Inc. Master# 3156 .Attachment Page Cart# 43400 •WORKERS' COMPENSATION: 10 Day Notice to Insured of cancellation for non - payment of premium /non- reportIng of payroll. Any other alterations to the Cancellation section on this Certificate will. NOT apply (including removal of "endeavor lo" warding) *'WORKERS' COMPENSATION; Additional Employers Llahillty Umit: $1,000,000. (Acoldant - Policy Limit) SEP -13 -2006 11:52 FROM: TO:819496443318 P.1/1 2e_ Fax #: `� Ll Q — !� �l — 3 3 l 8 9— 13 If CERTIFICATE OF INSURANCE CHECKLIST l City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: t' Le O (a Dept. /Contact Received From: 5414 ✓I Date Completed: �– (a -p (o Sent to: _ Ss a,✓t BY' Company/Person required to have certificate: n I. GENERAL LIABILITY _ & S A. INSURANCE COMPANY: n I -I-ri B. AM BEST RATING (A: VII or greater): A X l —� C. ADMITTED Company (Must be Califomia Admitted):. Company In ❑ Yes No Is admitted California? ` D_ LIMITS (Must be $1M or greater): What is limit provided? ' iL ( ace, E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its `Yes officers, officials, employees and volunteers): Is it included? No G. PRIMARY $ NON - CONTRIBUTORY WORDING (Must be included): WYes ❑i No Is it included? H. CAUTION! (Confirm that loss or liability of the named insured Is not limited solely by their negligence) Does endorsement include "solely by ❑ Yes negligence" wording? o I. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of I cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY �srr _ j A. INSURANCE COMPANY: t �Ct S B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? R"Yes No D. LIMITS (Must be $iM min. 818 PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? jaYes ❑ No _ F. PRIMARY 8 NON- CONTRIBUTORY WORDING (For Waste Haulers only): h Is it included? ❑Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. M. WORKERS' COMPENSATION A. INSURANCE COMPANY: 2 t'C. °F- Caa B. AM BEST RATING (A: VII or greater); C. LIMITS: Statutory r�njt D. WAIVER OF SUBROGATION (To include): Is it included? OR.' 6 Y s No HAVE ALL ABOVE REgUtREMENTS BEEN _MET? Yes `` No IF NO. WHICH ITEMS NEED TOO BE COMPLETED? G- (_ . ihs . to. 6zL a-0 rr� i �L! • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 August 22, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael Sinacori 949 - 644 -3311 or msinacod @city.newport- beach.ca.us SUBJECT: MALIBU CIRCLE SLOPE REPAIR -AWARD OF CONTRACT NO. 3791 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3791 to Excavating Engineers Inc., DBA Hillside Retaining Walls Company for the Total Bid Price of $62,777, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,000 to cover the cost of unforeseen work. 4. Approve a Budget Amendment in the amount of $35,587 from un- appropriated General Fund Reserves. DISCUSSION: At 10:30 a.m. on August 15, 2006, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Excavating Engineers Inc., DBA as Hillside $62,777 Retaining Walls Company 2 Bob McGrann Construction, Inc. $85,000 3 Earth Construction and Mining $129,550 The low total bid amount is 21.5 percent below the Engineer's Estimate of $80,000. The low bidder, Excavating Engineers Inc., DBA Hillside Retaining Walls Company, possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. NIT • Malibu Circe Slope Repair -Award of Contract No. 3791 August 22, 2006 Page: 2 During the El Nino rains of 2004, the City slope behind 3 Malibu Circle had a surface sloughing of material (surface landslide.) The City slope is typical for the Spyglass area where the steepness of the slope is 1 vertical foot to 1.5 horizontal foot. Steep slopes are more prone to this type of land movement. Development standards have changed and 1 vertical to 2 horizontal would be required today. Per the Contract Specifications the Contractor will have 30 consecutive working days to complete the work with the goal of completing the work before the winter rains. Environmental Review: City staff has reviewed the project and has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication Affected residents will be noticed by the contractor /City ten days and two days prior to starting work in the area, now planned for mid - September. Construction should take approximately four weeks (10 days less than anticipated) and should be completed prior to the start of the rainy season on October 15"'. Geotechnical, Material Testing, and Survey Services: In addition to the contract costs, $13,250 in consulting geotechnical services will be required to oversee the slope repair efforts. No survey services are required. Funding Availability: The project was originally included in the Fiscal Year 2005/06 CIP with a budget of $60,000. Approximately $14,000 was spent on geotechnical exploration and design services. The remaining $46,440 was re- budgeted into this fiscal year's CIP. The total project cost is $82,027. • Malibu Circle Slope impair —Award of Contract No. 3791 August22,2006 Page: 3 Upon approval of the attached budget amendment, there are sufficient funds to complete this project: - -- ---- - - - - -- — -- Miscellaneous Slope Repairs _ _ 7014- C5100814 Budget Amendment _ _ J 7014- C5100814 - - - - -- Total: Proposed uses are as follows: Vendor Puraose Amount Hillside Slope_ Restoration and Engineering Construction Contract $6_2,777 Hillside S_ lope Restoration—and—Engineering Contingency $6,000 Leighton and Associates _ Geotechnical and _ $13,250 Testing Total: $82,027 Prepared Submitted by: J. Sinacori, P.E. Stephen G. a I Civil Engineer Public Works D ctor Attachments: Project Exhibits Bid Summary Budget Amendment TITLE: Malibu Circle Slope Repair CONTRACT NO.: 3791 ENGINEER'S ESTIMATE: $80,250.00 PROJECT MANAGER: Mike Sinacorl CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office- City Hall DATE: 15 -Au06 TIME: 10:30AM BY: Andy Tran CHECKED: Mike Sinacori DATE: 08116/2006 • f: Lasers tpbnLshared`contract\Sgk\Bid Summary.xis Page 1 Engineer's Estimate Excavating Engineers Inc, DB as Hillside Retaining Walls Company Bob McGrann Construction, Inc. Earth Construction and Mining ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT AMOUNT 1 Mobilization 1 LS $2,500.00 $2,500.00 $5,000.00 $5,000.00 $38,500.00 2 Removal and Dis osal of Slou hed Material 40 CY $200.00 $8,000.00 $100.00 $4 000.00 $14,000 3 Unclassed Excavation and Dis osal 15 CY $300.00 $4,500.00 $200.00 $3,000.00 $3,0004 Gradin 1 LS $15,000.00 $15000.00 $19777.00 $19777.00 R$38,500.00 $11,800.00 5 Re-use of Slou hed Material 20 CY $150.00 $3,00000 $100.00 $2,000.00 $3,000.00 6 Re-use Excavated Material 55 CY $150.00 $8 250.00 $100.00 $5 500.00 $8 250.00 7 Im ort and Place Backfill Cla a Soil 45 CY $250.00 $11 250.00 $200.00 $9,000.00 $8,550.00 8 Import and Place Top Soil 15 CY $350.00 $5,250.00 $200.00 $3,000.00 $190.00 $2,850.00 9 Slo Planting 300 EA $25.00 $7500.00 $15.00 $4,500.00 $17.00 $5,100.00 10 Plant Establishment and Maintenance 1 LS $5000.00 $5,000.00 $6,000.00 $6,000.0 $2,500.00 11 1 Repair Existin Improvements Dama ed by Work 1 1 LS $10,000.001 10000.00 $1,000.00 $1,000.00 $321000.00 $32000.00 EE $80250.00 LOW 1 $62,777.001 2ND $85000.00 3RD $129550.00 • f: Lasers tpbnLshared`contract\Sgk\Bid Summary.xis Page 1 PATIO Top of Slope r 1.5:1 (h:v) I l APPROX. HAS 1 1 f B -� A' Terrace Drain 1.5:1 (h:v) I r 1.5:1 (h:v) APPROX. LEGEND v HA -1 0 APPROXIMATE LOCATION OF NAND AUGER BORING B -2 AL APPROXIMATE LOCATION OF BULK SAMPLE T -1 APPROXIMATE LOCATION OF TRENCH Figure 2 BORING LOCATION AND Proj: 601076 -001 Me: 10/05 MAP VIEW OF PROPERTY 3 MALIBU CIRCLE Eng /Geol: VMC /ELB Scale: 1"--10' CITY OF NEWPORT BEACH, CALIFORNIA Leighton Consulirg, Inc. !' oW' nxawmrtmro/_ oSfObmw.FaaaWal.ouJate�XWlrudEr xn uwmw.. 0 0 A At Existing 1 Slope Surfage 1 1 I I 1 i I 1 i I I 505 I I I I I — F -- —----- I f I- - I I - -- t -- 505 I I I I I I I I I I I I I =495 495 V? I &485 - - - - -� - I I i - - -� ----- I---- I I -� - I - -- — 485 I 475 I I I I ----- f----- I----- I I I I I 1 I I I I I I t----- 1----- I I I I I I I I I I I-- I I I I I I - - -t -- 475 I I I I Figure 3 CROSS - SECTION A -A' Proj: 601076 -001 Date: 10/05 3 MALIBU CIRCLE 44 Eng /Geol: VMC /ELB Scale: 1 " =10' CITY OF NEWPORT BEACH, CALIFORNIA LeotmConsultlng I= 505 495 z 0 a 485 475 I I I I I I I I I I I I *CI yey Soil Ba k pf> & I I I (Mini um Require I I I 0' C - - -- — - -- - -F - - -- >30 I I I I I I I I I I I I I I I I I I I ----- I----- I— ---- I -- - - -L I I I I I I I I I I I I I I Stepped Ior I I I Benched R6moval I I I I I I I I I -----i-----I------i---- --- i--- I I I I I I I I I I I I I I I I I — I ill I nts: I I I I I I I i -- r ---- T"Cs- I I I I I I I I I I I I I I I I 505 495 z a 485 W 475 *Compacted to at Least 90% of Maximum Dry Density (ASTM Method D1557) Figure 4 ALTERNATIVE 1 • Proj: 601076 -001 Scale: 1 " =10' Date: 4/06 3 MALIBU CIRCLE DRIVE Eng. /Geol. VMC /ELB Drafted By: BQT CP By: BOT CITY OF NEWPORT BEACH, CALIFORNIA Leighton Consulting, Inc. P: MRAFnN0001076 =11DFO&U-OS1FIG7RES.DYYG (0448- 0811:30:11AM)Fw3eakYf.mren E 0 W of Newport Beach• NO. BA- 07BA -010 BUDGET AMENDMENT 2006 -07 AMOUNT: $3s,sa7.ao EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund Balance for slope repair on Malibu Circle. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Signed: Services Director Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $35,587.00 ' Automatic System Entry. $35,587.00 /6—d6 Date 1 Lo Da Date Description Division Number 7014 General Fund - Misc & Studies Account Number C5100814 Miscellaneous Slope Repairs Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Services Director Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $35,587.00 ' Automatic System Entry. $35,587.00 /6—d6 Date 1 Lo Da Date