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Home My WebLink AboutC-3912 - Ocean Boulevard and China Cove Ramp Slope MaintenanceOFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 13, 201 4 D.J. Scheftler Inc. 2500 Pomona Boulevard Pomona, CA 91768 Subject: Ocean Boulevard and China Cove Ramp Slope Maintenance C-3912 Dear D.J. Scheffar, Inc.: On March 12, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 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 March 20, 2013. Reference No. 2013000169029. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7631619. Enclosed is the Faithful Performance Bond. Sincerely �A� � Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportheachca.gov PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 BOND NO.? 631619 ZIMMAMIM The premium charges on this Bond is $ s. a a a. o 0 being at the rate of $15.31 thousand of the Contract price. WHEREAS,. the City Council of the City of Newport Beach,. State of California, by motion adopted, awarded to D.J:.Scheffter, inc., hereinafter designated as the "Principal", a contract for construction of OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE, Contract No. 3912 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 about to execute Contract No. 3942 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the P(ncipal, and Fidelity and Deposit Company of Maryland duly :authorized to transact business under the taws of the State of California as Surety {hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety -One Thousand, One Hundred Two and 001100 Dollars (0 1,125.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its 'successors, and assigns; for which payment well and truly to be mane, we, hind 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, fait to abide icy, 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. 29 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 #ime, alterations or additions to the terns of the Contract or to the work to be performed thereunder or to the specifications accompanying the some shall in any way affect its obligations on this Bond, and it does hereby waive notice of any 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 bondas an individual, it is agreed that the death of any such Principal shall notexonerate the Surety from Its obligations under, this Bond. IN WITNESS WHEREC}F, this instrument has been duly executed by the Principal and Surety above named, on the Sth day of September 2012. ..> D.J. Schelfler, Inc. (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 jos Angeles to 90617 Andress of Surety (213) 270-0600 Telephone Arturo Ayala, Attornev-In-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT Nunan#AY aaaeaafabassieaEnaaaasaaaoaaeavosv9saaoavacsasaaa.a.Aaaaaanenan.an annual State of California County of Lrs j%n9f l`S ) ss. On q -/2 -jt before me, 4,a6, -4 k,- Notary Public, personally appeared Al a�ve who proved to me on the basis of satisfactory evidence to be the person(Owhose name(sl istam subscribed to the within instrument and acknowledged to me that helsb tthey. executed the same in his/ham li=-autharized capacity4se), and that by his/herAhe� signatures(s) on the instrument the person(}; or the entity upon behalf of which the person(O acted, executed the Instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Sign ture CYNTt9A M.9f(M Camr»salon • 1955515 LID My Notary Pobik • CaMornia Los Angst" County Comm. Exislin Oct 15 15 (scary eanalnsuaasaevonaaaaa naafi a'nasasa o3 aana.oavaaaan a oaavnsabax.o bas aea9 ncu nnna nonl Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign language OPTIONAL INFORMATION 1a,9rth, e1 /4, f4,,a a &_.( -,;L- '00 ,;L- tie Typq of Satisfactory Evidence: _Y._ Personally Known with, Paper ktentlfication Paper Identification —Credible Witness(es) Capacity of Signer. Trustee Power of Attorney �CE016FOICOO __,J President 1 Vice -President I Secretary 1 Treasurer _, Other. Other Information: 31 Thumbprint of Signer check ',am if no thumbil0ni or Moerpiiut is available. ACKNOWLEDGMENT .... 4..W....-.................FHp...vPD...a............. 4 Hb................HHB 4, State of California County of . orange On 9/5/12 before me, _ susan Pugh Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) Ware subscribed to the within Instrument and acknowledged to me that helms# executed the same in hiAftedtheir authorized capacity(;), and that by hisfhermair signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature Susa a -Ali PUGH a PY / C3P1.0. r,SS34?4 n yP'ic'kC ii ria ,; ORANGE C' U" Y tv Comm' Expires Ap 29,2015` tseaU .................b.. bH HH 00440.4....... bHbbba......... b4HHH......... H..... 40tib�r OP770MAL INFORMATION Date of DocAur ent Type or Title of Document Number of Pages in Document Document in a Foreign Language 2/5/12 Thumbprint of Signer Faithful PerformanjcQ.Bond No Type of Satisfactory Evidence: N Personally Known with Paper Identification Paper Identification Credible Witnesses) Capacity of Signet Trustee Pourer of Attorney CEO I CFO I GOO President I Vice -President / Secretary I Treasurer X _Ocher: Attorney- Tn-Pnot. Other 32 n Check herah n0 that arfingetprw is avalaile. 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 29, 2013 D.J. Scheffler Inc. 2500 Pomona Boulevard Pomona, CA 91768 Subject: Ocean Boulevard and China Cove Ramp Slope Maintenance - C-3912 Dear D.J. Scheffler Inc.: On March 12, 2013, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 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 March 20, 2013, Reference No. 2013000169029. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7631619. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. City of Newl2ort Beach Contract No. 3912 BOND NO. 7631619 WHEREAS, the City Council of the City of Newport Beach,. State of California, by motion adopted, has awarded to D.J. Scheffler, Inc., hereinafter designated as the "Principal,° a contract for construction. of OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENACE; Contract No. 3992 in the City of. Newport Beach, in strict conformity with the plans, drawings, spec3tications and other Contract Documents in the office of the Pubho 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. 3912 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to, pay for any materials, provisions, or other supplies Used in, upon, for, or about the performance of the work agreed to be done, or for any work or'labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit C6=any of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surely") are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety -fine Thousand, One Hundred Twenty -Five. and M100 Dollars ($391,120:00) 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 Lander the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION, IS .SUCH, that if the Principal or the Principal's subcontractors, fail to pay forany materials; provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or For any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment. Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable aftomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 0 The Bond shalt inure to the benefit of any and all .persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at seq. of the Civil Code of the State of Califomia, And Surety,. for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, afterations 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 I$ agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal, and Surety, on the 5th day of sgprgmhP 2011 hAY2V-- N N 6 D.J. Scheffter, Inc. (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Las Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone Arturo Ayala, Attorney-ln-Fact Print Name and Tfue NOTARY ACKNOWLEDGMENTS OF CONTR CTOR AND SURETY MUST BE ATTACHED 92 i 0 ACKNOWLEDGMENT ....... 01.0 ... pe w.enaaaeaaaYaa............ a... aaa..... ao a... nvs.e ........ ring, State of California County of On q -/z-/2- before me, r .<<>n wi &a Notary Public, personally appeared m ft/c A/vz proved to me on the basis of satisfactory evidence to be the personw whose namewslare subscribed to the within instrument and acknowledged to me that hels4althW executed the seine in hfsil}etAheiF authorized capacity(, and that by h s t a4heir signaturesXon the instrument the person, or the entity upon behalf of which the personaoted, ekecu#ed the instrument. Y I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WiTNESS.Iny hand and official seal. Stgtiature ------------ Conllnlsslon M 1956615 NOWy Public - call—is LOS Angel" coumy COMM. EV011s Oct 15.2015 r (5010 .evenasa nap sen prance. Cnao esa pennexein..n.40.......an aagkaaa HaaHa. n a. n ne eq.ana� Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL JAIFORMA77ON 9/slip Thumbprint of Signer (a"—p Jeri PAyAe[n'!-ala No Type of Satisfactory Evidence: PersonallyKnown with Paper identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CECT I CFO t COO President I Vice -President l Secretary.] Treasurer Other. Other Information: 35 C1 Check here if no thumbprint arfinawont is available. ❑ ACKNOWLEDGMENT ..".wPPPPtlPBPPtltlbPP9...POPO...PWPP.PMMYWB OPO P6HWB Wi1p RPPdY P699P a1Y WNP BtltltlOOtlP YW1 State of California County of orange ) On 9/5/12 before me, Susan Pugh Notary Public, personally appeared Ayai a proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ishwe subscribed to the within instrument and acknowledged to me that he/slRe" executed the same in his/hoWtheir authorized capacity(i:es), and that by hislidsslz "ic signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY .OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SusanQgAh tea.A PFG i c ols w , s �( � i it xjr) N9 i if ;cla L !1G z COL IY BatlN.HHHHHH.HHWWHHWPN...veoeao.PPae...PPvsa.. ...... P P.P t B Pa HPuot.PWWS.. it NHa Pa. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Languago OPTIONAL INFORMATION 9/5/12 Thumbprii t of Signet Labor and Material II Payment Bond . Type of Satisfactory Evidence: _�L_ Personally Known with Paper identification Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney —CEOICFQICOG President 1 Vice -President 1 Secretary I Treasurer X Other: Attorney -In -Fact, Other K3 [] check here if nn.thumbprint or €mgerpdnt isaveDeble. 46 Bond No. 7631619 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT'S: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section g, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY and Arturo AYALA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section S, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed histher names and affixed the Corporate Seats of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2012. ATTEST: O ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Ac Duca SA4 'O: ;�t IFs Assistant Secretary Vice President Eric D. Barnes James M Carroll State of Maryland City of Baltimore On this 9th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Seeretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument am the Corporate Seats of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my handand affixed my Official Sea] the day and year first above written. Z11411", MCI 01 cc'�- Q. '��A111111\\� y Constance A. Dunn, Notary Public My Commission Expires: July 14,20 15 POA -F 012-00796 RELEASE OF STOP PAYMENT NOTICE (Public Work of Improvement) TO: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Re: "China Covell, Newport Beach, California RECEIVED 2013 NAR 13 AN & 29 C CE of THEE C:TY CLERK QTY Ci P -ORT BEACH YOU ARE HEREBY NOTIFIED that Cemex Construction Materials Pacific, LLC (hereinafter referred to as "Claimant"), hereby withdraws the stop payment notice executed on February 20, 2013, in the amount of $21,293.09, for equipment and materials supplied to Boulderscape, Inc., constituting materials furnished to the "China Cove" project, located at Ocean Blvd. & Dahlia & Cove Street, Newport Beach, California, a public work of improvement for which D.J. Scheffler, Inc. is the direct contractor. , Claimant hereby releases City of Newport Beach from any further duty under Civil Code §§ 8500, et seq. to withhold money in response to the Stop Payment Notice, and waives any right of action against them that might accrue thereunder. Executed this 27th day of February 2013, at Irvine, California. CEMEX CONSTRUCTION Date �� ! 3 MATERIALS PACIFIC, LLC Copies Sent To: City Council By: City Manager Mark A. Walsh, agent City Attorney 420 Exchange, Suite 270 Filp, Irvine, California 92602 ST& PAYMENT NO*CE RECEIVED NOTICE TO: City of Newport Beach 3300 Newport Blvd., Newport Beach, CA 92658 2013 MAR 13 AM 9- 29 DIRECT CONTRACTOR: D.I. Scheffler, Inc.rE v SUBCONTRACTOR: Boulderscape. Inc. TNV F Q CLERK OWNER: City of Newport Beach C(i [ -QCT BEACH PROJECT: "China Cove" located at Ocean Blvd. & Dahlia & Cove Street, in the City of Newport Beach, County of Orange, State of California. PLEASE TAKE NOTICE that Cemex Construction Materials Pacific LLC, Claimant, furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom Claimant famished labor, service, equipment or materials is Boulderscape, Inc. The kind of labor, service, equipment or materials furnished or agreed to be famished by Claimant was ready mix concrete, sand, gravel and supplies. Total value of labor, service, equipment or materials agreed to be furnished ... $21.293.09 Total value of labor, service, equipment or materials actually furnished is ..... $21,293.09 Credit for materials returned, if any ............................... $NIA Amount paid on account, if any ................................. $N/A Amount due after deducting all just credits and offsets ................. $21 29309 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy Claimant's demand in the amount of $21.293.09, as provided in Sections 8500 et. seq. of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond is not attached. February 20, 2013 CLAIMANT: Cemex Construction Materials Pacific, LLC O�L— By: Mark A. Walsh, agent 420 Exchange, Suite 270 Irvine, California 92602 Date 3 -13 -13 Copies Sent To: City Cound City Manager City Attorney _'� FiLa v v h I, the undersigned, state: I am the agent of the Claimant named in the foregoing Stop Payment Notice„ I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 20th day of February 2013, at Irvine, California. Mark A. Walsh, agent 295.257 MAW 20450213 0 zzCCMCX RACE TD 7013 FEB 7 - In- 88 0 3990 E. Concours Street, Suite 200 Ontario, California 91764 Tel: (909)974-5500 Fax: (909) 974-5528 NOTICE OF INTENT T( HLE STOP NOTICE OR BOND CLAIM Date: 02/04/2013 Reported Lender To: NONE/BOND CO: FIDELITY & DEPOSIT CO OF 777 S FIGUEROA ST #3900 LOS ANGELES CA 90017 Reported Owner To: CITY OF NEWPORT BEACH ATTN: FRANK TRAN 3300 NEWPORT BLVD NEWPORT BEACH CA 92658-8 In Re: Work of Improvement located at: "CHINA COVE" OCEAN BLVD & DAHLIA & COV NEWPORT BEACH CA JOB #12375 TO ALL CONCERNED: Reported Prime Contractor To: DJ SCHEFFLER INC 2500 W POMONA BLVD POMONA CA 91768-3218 Sub -Contractor To: BOULDERSCAPE INC 33081 CALLE PERFECTO BLDG SAN JUAN CAPISTRANO 926754707 Date _Q Q-111— Copies 1 11Copies Sent To: City Council City Manager City Attomey —i ru_ Be advised that we have not received payment in the sum of: $21,293.09 for materials/labor furnished for the above referenced work of improvement. Your failure to make payment for the above amount on or before 02/08/2013 will cause us, without further notice, to file a Stop Notice or Bond Claim against the building or improvement described above and/or proceed with any other collection measures we consider necessary for the protection of our investment. This notice is being sent as a matter of courtesy and reflects information true as of this date. If this claim has already been paid, please disregard this notice. Very truly yours, CEMEX CONSTRUCTION MATERIALS PACIFIC LLC TANIA MAINEZ CREDIT REPRESENTATIVE Forms by Caprenos Inc. qW C- 3'1l .2 NATIONAL READY MIXED CONCR E CO CALIFORNIA RELEASE OF STOP PAYMENT NOTICE OR NOTICE TO WITHHOLD This form complies with professional standards in effect January 1 -December 2013 (PUBLIC OR PRIVATE WORD (CA Civil Code 8128) FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned does hereby release from the effect of that certain Stop Payment Notice or Notice to Withhold served on City of Newport Beach Date (Construction Fund Holder) Copies Sent TO: as construction fund holder, on City of Newport Beach DJS412375 City Council City Manager against City of Newport BeachCity Attorney (Owner or Reputed Owner) %Fila y owner and D.J. Scheffler, Inc. (Direct Contractor) v as Direct Contractor, on job known as City of Newport Beach DJS#12375 n _� N O W Ocean Blvd. & China Cove Erni Newport Beach, Ca. in the amount of $ 992.91_' ��o f Firm: NATIONAL READY MIXED CONCRETE CO Contractor's License #: By: Marie Borges Dated: February 8, 2013 ACKNOWLEDGEMENT Iv V STATE OF CALIFORNIA p COUNTY OF lx( } ss t��-I✓� ,Jo7 p�l(C, On before me, �YCJ�4 VYT-�s 11? Ll h n ere Insert name and title of the officer), STT'��TTT"""```""'"��""��```�''''' personally appeared LU 1 Cly j r(J "Z -Us who proved to me on the basis of satisfactory evidence to be the personsslhose names*) is/ore subs ribed to the within instrument and acknowledged to me thatJe/she/tom executed the same in Yi5lher/th authorized capacity( and that by histher/thesignamre(yJon the instrument the person or the entity upon behalf of which the person(*} acted, executed the instrument. I certify under PENALTY OF PERJURY, under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officil) seal. Commission # 1954240 Notary Public - California Los Angeles County Here) (Notary Public Seal) CALIF IA STOP PAYMEN QTICE C-�q}D, LEGAL NOTICE TO WITHHOLD CONSTRUCTION ft f), or Private Work) - (California Civil Code Section 8520, 8530 an�FI VE J('� This form complies with professional standards in effect January 1-December 31, 2013 1613 AN 29 PM 1.02 TO: City of Newport Beach PROJECT: City of Newport Beach DJS#$ 12375 (Name of owner, public body or construction Pond holder) (Name) 3300 Newport Blvd. P.O. Box 1768 Ocean Blvd. C6Wrs�i (Address, if directed to a bank or savings and loan assn., use address of brooch holding fund) tSr+pdres's} Newport Beach, Ca .92658-8915 Newport Beach, Ca. 'fit N (City, State and Zip) (City, State and Zip) TAKE NOTICE THAT NATIONAL READY MIXED CONCRETE CO. (Name of the person or firm claiming to Stop Payment Notice, licensed contractors MUST use the time under which contractor's license is issued) whose address is 15821 Ventura Blvd. Ste. 475 Encino, Ca .91436-4778 (Address of person or firm claiming Stop Payment Notice) has performed labor and furnished materials for a work of improvement described as follows: 2600 Ocean Blvd. Newport Beach, Ca. (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: Ready mixed concrete and related materials (General description of labor. services, equipment or materials agreed to be furnished) Q�Q The labor and materials were furnished to or for the following party: C}5 D.J.Scheffler, Inc. ('Name of party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: _ $ 992.91 _ a Q The value of the labor and materials furnished to date is: $ 992.91 O U Claimant has been paid the sum of $ -0- And there is due, owing and unpaid the sum of: $ 992.91 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against anycup1truction funds for this project which are in your hands. Firm Name NATIONAL READY MIXED CONCRETE CO By (Name of Stop Payment Notice claimant) (Owner or agent of Stop Payment Notice claimant MUST sign here and verify below) VERIFICATION I, the undersigned, say: I am Credit Manager Asst. the claimant named in the foregoing Stop Payment Notice; I have read said Stop Payment Notice and know the contents thereof, the same is true of my own knowledge. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Jan. 24, 2013, at Encino,California. (Date of signature) (City where signed) (Personal signature of individual who is swearing at the contents of the claim of Mechanic's Lien are true.) REQUEST FOR NOTICE OF ELECTION (Private Works Only) - (California Civil Section 8536, 8538) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 8536 or 8538 , please send notice of such election and a copy of the bond within 30 days of such election in the enclosed pre-addressed stamped envelope. This information must be provided by you under Civil Code Sections 8536, 8538. Signed ......... {CClaimant MUST enclose self addressed stamped envelope} RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 r ' _.�i Records, Orange County IA'sistant CI W1111iIIIVIIIIIIIIIIIIIIIrk_RecoNO FEE R000 IIIIIIIIIIIIIII 5 6 9 6 1 0 8$* 20130004690291:59 Pm 03/20/13 193CITY b 1 "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 D.J. Scheffler Inc. of Pomona, as Contractor, entered into a Contract on September 11, 2012. Said Contract set forth certain improvements, as follows: Ocean Boulevard and China Cove Ramp Slope Maintenance (C-3912) Work on said Contract was completed, and was found to be acceptable on March 12, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY'--,/ )iz _ J Pu—b"lic-Works Director - City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �Ol,i(/�) , �� , at Newport Beach, California. BY Atgkv� w � City Clerk, \� \\ ,s OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 13, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Ocean Boulevard and China Cove Ramp Slope Maintenance (Contract No. 3912) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, oaw , Y�� Leilani I. Brown, MMC City Clerk Enclosures 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 D.J. SchefBer Inc. of Pomona, as Contractor, entered into a Contract on September 11, 2012. Said Contract set forth certain improvements, as follows: Ocean Boulevard and China Cove Ramp Slope Maintenance {C-3912} Work on said Contract was completed, and was found to be acceptable on March 12. 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. M City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �ArA 131 �3 ¢ , at Newport Beach, California. BY Qgv� P�" City Clerk ITT OF a NEWPORT BEACH City Council Staff Report Agenda Item No.. _6_. March 1, 20 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Associate Civil Engineer 949-644-3340, ftran@newportbeachca.gov APPROVED: a TITLE: Ocean Boulevard and China Cove Ramp Median Slope Maintenance - Notice of Completion and Acceptance of Contract No. 3912 On September 11, 2012, City Council awarded Contract No. 3912, Ocean Boulevard and China Cove Ramp Median Slope Maintenance project to D.J. Scheffler Inc., for a total contract cost of $391,125 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable. portions of the Civil Code. 3. Release the Faithful Performance Bond one year after this Council acceptance. =ib7uBJ:ac[t�1�3te riT iiiF3l Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7014-C8002008 $277,000.00 General Fund 7012-C2502003 153,177.66 Wastewater Enterprise Fund 7541-C7001002 9.930.00 Total: $440,107.66 Page 3 of 4 Ocean Boulevard and China r` ove Ramp Median Slope Maintenance - Notice of (:ompietivn and Acceptance of Contract No. 39'12 March 12, 2013 Paget DISCt1SSit N: Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $391,125.00 $440,107.66 15% or less +12.5% 1 % 11.5% Allowed Contract Time (days) 100 Actual Time 1 Under (-) or Over (+) The work necessary for the completion of this contract consisted of removing the existing ice plant vegetation and other unsuitable loose materials, constructing a soil nailed sculpted architectural rock hardscape surface, installing new landscaping and irrigation, and replacing a 4 -inch sewer force main along the east side of the wall. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $391,125.00 Actual cost of bid items constructed: $387,525.00 Total change orders: $52,582.66 Final contract cost: $440,107.66 The final construction contract cost was approximately 12.5% above the original bid amount. The majority of this additional cost increase ($48,382) was a result of increasing the square footage of sculpted architectural rock hardscape surface to address additional steep slope areas as recommended by the consulting geotechnical engineer based on the field soil conditions and testing results. Additional plant material was also provided and modifications were made to the cable rail fence at the request of the residents on Ocean Boulevard, increasing the work scope by $4,200. A summary of the project schedule is as follows. Estimated Completion Date per 2012 Baseline Schedule (November 30, 2012 Project Awarded for Construction September 24, 2012 Contract Completion Date with Approved Extensions February 21, 2013 Actual Substantial Construction Completion Date February 20, 2013 Page 2 of 4 Ocean Hioulovard and Carina Cove; Ramp Median Slope Maintenance - Notico, of Cornplchtion and Acceptance of Contract No. 3912 March 12, 2013 P a go 3 ENVIRONMENTAL VIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Public Works Director Attachment; A. Project Location Map Page 3 of 4 BpYS1DE DRIVEF 4 I d ATTACHEMENTA gpYS,DE SEAVIEW AVE LL ❑ z z o w o LL a c� OCEAN BLVD PROJECT LOCATION w w w z Z of w LL SHELL ST BAYVIEW DRIVE 00 ✓� �A. OCEAN LN I. Lu 4 Lu LOCATION MAP OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE C-3912 CORONA DEL MAR, CALIFORNIA Page 4of4 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 22nd day of August, 2012, at which time such bids shall be opened and read for OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Title of Project Contract No. 3912 $ 500,000.00 Engineer's Estimate Stephen G. vadum Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" and "C-27" For further information, call Frank Tran, Project Manager at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httl)://www.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 22nd day of August, 2012, at which time such bids shall be opened and read for OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Title of Project Contract No. 3912 $ 500,000.00 Engineer's Estimate Stephen G. gadurrt Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" and "C-27" For further information, call Frank Tran, Project Manager at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NeWportBeachCA.gov CLICK: Online Services/Bidding & Bid Results City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 . NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 0 City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of:error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 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 — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 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. 582912 A Contractor's License No. & Classification D.J. Scheffler, Inc. Bidder Mark Nye/Vice President Authorized Signature/Title 08/21/2012 Date 19 City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 Bond No. DJSCH-3 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($lo 0 of Amount aid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN BOULEVARD AND CHINA COVE RAMI' SLOPE MAINTENANCE, Contract No. 3912 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 forn(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 17th day of August , 2012. D.J. Scheffler, Inc. Name of Contractor (Principal) Authoriz nature/Title Fidelity and Deposit Company of Maryland Name of Surety Authorized Agen ure 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Arturo Ayala, Attorney -In -Fact Address of Surety Print Name and Title (213) 270-0600 Telephone (Notary acknowledgment of Principal & Suretmust be attached) k, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :.... STATE OF CALIFORNIA County of Orange On 8/17/12 Date before me, Susan Pugh, Notary Public , Here Insert Name and Title of the Officer personally appeared _ Arturo Ayala Name(s) of Signer(s) s SUSAN PUGH / COMM. #1934229 n r i`y gxs,F Notary Public -California to 4. ORANGE COUNTY 61YComm.ExpiresApr29,2015 who proved to me on the basis of satisfactory evidence to be the person(X) whose name(k) is/aye subscribed to the within instrument and acknowledged to me that he/stream executed the same in his/hachdxft authorized capacity( ), and that by his/kaTAbeir signature(x) on the instrument the person(s), or the entity upon behalf of which the person(k) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my handand official seal. Signature b�l 44Uk�( Place Notary Seal Above Sig r o o ary Publi S n Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 8/17/12 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate OfficerTitle(s): ❑ Partner — ❑ Limited ❑ General [� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: One © 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item 55907 Reorder: Call Toll -Free 1-800-876-6827 (1l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 8/22/12 Dale before me, Cynthia M. Begin, a Notary Public Here Insert Name and Title of the Officer personally appeared Mark Nye Name(s) 01 Signer(s) w CYN*I M. BEGIN Commission #I I9S6815 Lie Notary Public - California Los Angeles County M co;"Expires ires ct 1 015 Place Notary Seal Above CIVIL CODE § 1188 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aiaex subscribed to the within instrument and acknowledged to me that he/s'F%M#y executed the same in his/herltWr authorized capacity(ies), and that by hisAigaTAhoU signature(#) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature, z� Sig lure of Notary Public OPTIONAL Though the Information beloly is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bidder's Bond - City of Newport Beach ocean Blvd and China Cove Ramp Slope Maintenance Document Dale: August 17, 2012 Number of Pages: One Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signers) Signer's Name: Mark Nye ET Corporate Officer —Title(s): Vice President ❑ Individual :. F1 Partner — O Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): • Individual ❑ Partner — ❑ Limited D Genoral Top of thumb here ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: V 2010 National Notary Association • NadonalNotary.org • t -800 -US NOTARY (i-600.676-6827) // Item 95907 Bond No. DJSCH-3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY and Arturo AYALA, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2012. ATTEST: By- ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND NWr�,!• J' otryt ............ a BBAL fy� Assistant Secretary Vice President Eric D. Barnes James M Can.ol( State of Maryland City of Baltimore On this 9th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and saith, that he/she is die said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Wr,otan,r.2- Q. 4DJ.✓Y.yy-. Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 012-0079B CitV of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Treats Landscaping & Maintenance Address: 728 W. Calspar Street Claremont, CA 91711 10 Landscape 9% Phone: 909-986-0207 Slate License Number: 562155 Name: Boulderscape, Inc. Address: 33061 Calle Perfecto, Bldg A 5 Shotcrete & Boulderscape 32% San Juan Capistrano, CA 92675 Phone: 949-661-5087 State License Number: 444828 Name: Address: Phone: Stale License Number: D.J. Scheffler, Inc. Bidder 1:3 Mark N�e President Authorized Signature/Title City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. D.J. Scheffler, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Laguna Beach Debris wall / 00010462 Project Description Permanent soldier pile & lagging wall to protect property from eroding slope. Approximate Construction Dates: From 04/16/2012 Agency Name City of Laguna Beach Contact Person Bob Koch 06/01/2012 Telephone( ) 949-497-0340 Original Contract Amount $399,951. 017inaI Contract Amount $ 411, 946.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work requested by the city. 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. N/A 9 No. 2 Project Name/Number Santa Ana River Interceptor Relocation (SARI) / 1430-04 Project Description Install. secant pile shoring for microtunneling access shafts Approximate Construction Dates: From 02/20/2012 Agency Name Orange County Public Works Contact Person Timothy White Telephone ( 04/23/2012 303-332-7089 Original Contract Amount $381.150 Final Contract Amount$ 384, 206.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional drilling requested by client. 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. N/A No. 3 Project Name/Number Lower Mission Creek Flood Control / 11-13 Project Description Permanent secant pile retaining wall along Mission Creek at State Street Approximate Construction Dates: From 06/01/2011 To: 10/31/2011 Agency Name County of Santa Barbara Contact Person Kelly Wheeler Telephone ( ) 805-448-5619 Original Contract Amount $1.175, 000 Final Contract Amount $ 1,130, 297.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional piles requested by client. 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. N/A 10 No. 4 Project Name/Number Long Beach Courthouse Building / 113068-04 Project Description Install foundation caissons for proposed structure us Approximate Construction Dates: From 08/01/2011 To: 12/06/2011 Agency Name Judicial Council of California Contact Person Joe Tomlinson Telephone ( ) 202-369-3715 Original Contract Amount $774, 0011 Final Contract Amount $ 965, 000.00 CFA method. If final amount is different from original, please explain (change orders, extra work, etc.) Additional pile work and rebar weight as requested by the client. 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. N/A No. 5 Project Name/Number Groundwater Replenishment System / 007614 Project Description Install foundation caissons using CFA method. Approximate Construction Dates: From 02/27/2012 To: Ongoing Agency Name orange County water District Contact Person Bryan Parsons Telephone ( ) 714-378-8209 Original Contract Amount $2,809, 64 Final Contract Amount $ 2,821,172.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work requested by client. 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. N/A 11 No. 6 Project Name/Number Central Regional Elem. #20 / 1010086 Project Description Install temporary shoring for remediation work. Install foundation caissons. Approximate Construction Dates: From 07/2010 Agency Name Los Angeles Unified School District Contact Person Kathryn Horter To: ongoing Telephone( ) 213-447-7481 Original Contract Amount $1, 138, 990Final Contract Amount $ 1, 138, 990.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. N/A 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 Contract�urrent financial conditions. lam' D.J. Scheffler, Inc. Mark Nye//Vice President Bidder 12 Authorized Signature/Title City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Lcs ftel.-s ) /14'ek k'yt- , being first duly sworn, deposes and says that he-er-ahe is i/" t /';mss i of b: ✓ ScIvFI is y- the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Califorrnni�that the foregoing is true and correct. -�� ScheFFler, xnc � �i'cc P��s: Wr, / Bidder Authorized Signa re/Title Subscribed and sworn to (or affirmed) before me on this day of 4" Cluj , 2012 by Al-Je-k NVB- proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] CYNTHIA M. BE tN mi Comssim 0 1956815 Notary Public - CslitorMs Los Anp las County WCOMM-ENW680.15,2015 13 Notary Public My Commission Expires: Marshall J Mead S.E. P.E. Ph. 94 Raleigh St, Lake Forest CA 92630 Ph. 949-413-4987 mjmead@cox.net California Civil C58574 California Structural 55311 NCEES Record 38091 Colorado PE 43075 Oregon PE 84613 Washington Civil/Structural 47491 Nevada 021161 Graduated in 1995 California State University Long Beach, CA Education • B.S. Civil Engineering • Graduated Cum Laude, 3.6 GPA Professional Engineer—Civil, Structural Employment 2010 - Present DJ Scheffler Inc. Pomona, CA Experience • Senior Design Engineer — Shoring, Slope Stability, Piles, Retaining Walls Professional Engineer — Structural 1996-1998, 2004-2009 GCI Associates, Inc. Newport Beach, CA • Senior Design Engineer— Commercial, Residential, & Mixed Use projects Professional Engineer—Residential 2003 Jordan Engineering Phoenix, AZ • Senior Engineer working on Single Family, Multifamily, PT Slabs, Trusses • Special Foundation Design (7 years experience) Micropiles, caissons and grade Engineering beams, secant pile walls, mat slab foundation, mini -piles, steel sheet piles, thrust - Experience block and tie -backs, hillside construction and complex foundations built on unsuitable soil and/or fill material. • Temporary and Permanent Shoring (3 years experience) Soldier pile and lagging walls, driven H -piles, concrete piles, tiebacks, dead -men, shoring with soil nails, secant pile shoring and permanent secant pile walls, permanent pile/concrete walls • Landslide Repair (3 years experience) Water walls, tiebacks, soil nails, shear or pin piles, recompaction with GeoGrid, etc. • Concrete Design (12 years experience) Tilt up buildings up to 3 stories, basement designs, structural slabs, PT slabs, retaining walls, complex foundations, poured in place structures, Concrete Shear Walls, Podium structures, etc. • Masonry Design (8 years experience) CMU shell buildings, basement designs, retaining walls, masonry shear walls, storage facilities, etc. • Steel Design (10 years experience) Class A structures, steel buildings with curtain wall design, stadium seating for movie theatres, Special Moment Frames SMF, braced frames, dual systems, structural modeling. Also familiar with cold -formed steel structures and detailing requirements (metal studs). • Timber Design (12 years experience) Custom Homes, Tract Homes, Remodels/Additions, Commercial timber buildings, multi -story, multi -family • Field Work (12 years experience) Performed countless structural observations for various trades including concrete placement, masonry pre -pour inspections, steel placement, metal deck/concrete pours, timber framing, & structural detailing. • Project Management: Extensive work as the Lead Project Engineer working with Related other engineers, clients, owners, developers and professional consultants to form a Management 8 g close team working environment performing Design Development, Value Engineering, Construction Drawings, on through construction and completion. Construction • Project Costs/Budgeting - Perform Contractor cost estimates based on Design Experience Documents; Assemble bids, proposals and write contracts; Track project budgets, profits, losses, extras, cost -to -complete projections • Reports — Proficient writer, able to issue field reports, letters, design submittals, plan check corrections, letters to clients/owners/consultants, RFI's, etc. Marshall J Mead S.E. P.E. Phone Raleigh -43- 98 Lake Forest d 92630 Phone 949-413-4987 mjmead@cox.net California PE license: C 58574 Current California SE license: S5311 Licenses N.C.E.E.S. Record: 38091 Colorado PE license: 43075 Washington license: 47491 (Civil/Structural) Oregon PE license: 84613 Nevada PE license: 21161 References available upon request IBC, and also CBC and LABC as required Code ASCE7-05 Design Loads for Buildings and Other Structures Experience AISC Steel Manual 13'" Edition as well as AISC Seismic Design Manual ACI 318-08 including Appendix D requirements 2005 MSJC — Masonry Design (ASD and Strength Design) 2005 NDS — Timber Design Previous Editions — 2006 IBC, 2000 IBC, 94 & 97 UBC, 2007 CBC, 2008 LABC AutoCAD, current releases RAM Steel — Steel modeling program with foundation design RAM Concrete — Concrete beams, columns and shear walls Computer ETABS — Steel and Concrete modeling Experience RISA21D — simple frames, wood structural trusses, etc. Enercalc — Latest Version RetainPro — Latest Version Excel — I have created countless spreadsheets in house for design aids including timber post, wall framing, RBS connections, foundations, etc. California PE license: C 58574 Current California SE license: S5311 Licenses N.C.E.E.S. Record: 38091 Colorado PE license: 43075 Washington license: 47491 (Civil/Structural) Oregon PE license: 84613 Nevada PE license: 21161 References available upon request City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 DESIGNATION OF SURETIES Bidders name D. J. Scheffler, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Bond Broker Commercil Surety Bond Agency - 1411 N. Batavia, Ste 201, Orange, CA 92867 714-516-1232 Contact: Dan Huckabay Bond Company Fidelity and Deposit Company of Maryland - 777 S. Figueroa St., Ste 3900, LA, CA 213-270-0600 Contact: Arturo Ayala General Liability Insurance Legends Environmental Insurance Services - 2165 N. Glassell, Orange, CA 92865 714-634-2683 Contact: Bill Lohman 14 City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name D.J. Scheffler, Inc. 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts 58 122 113 86 105 120 604 Total dollar Amount of Contracts (in 6.8 M 17, 2 M 10.7 M 10.2 M 16.5 M 14.2 M 75.6 M Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases - 1 2 1 1 5 10 No. of lost workday cases involving permanent transfer to 0 0 0 0 0 0 0 another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder D. J. Scheffler, Inc. Business Address: 2500 W. Pomona Blvd., Pomona, CA 91768 Business Tel. No.: 909-595-2924 State Contractor's License No. and Classification: 582912 C-8 A Title vice President 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 08/22/2012 Vice President Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI ire CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 3 State of California x County of Los Angeles On 8/23/12 before me, V,k IAV k - t k" , Here Insert Name and Title f the Officer personally appeared Cynthia M. Scheffler Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/altx3x subscribed to the within instrument and acknowledged to me that MsheAIW executed the same in f -bier/t wik authorized capacity(ies), and that by Pher/tom signature(#) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seat Above v Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid - City of Newport Beach Ocean Bivd and China oveamp ope Maintenance Document Date: August 22, 2012 Number of Pages: 20 Signor(s) Other Than Named Above: None Capaclty(les) Claimed by Signer(s) Signer's Name: Cynthia M. Scheffler [3: Corporate Officer — Title(s): Secretary/CFO U Individual t " ❑ Partner — ❑ Limited U General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): U individual ❑ Partner — U Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thumb here U Guardian or Conservator U Other: Signer Is Representing: D 2010 National Notary Association • NationalNotary.org - 1.800 -US NOTARY (11-800.676.6827) Item 95907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 8/22/12 before me, Cynthia M. Begin, a Notary Public Date Hale Ineee Name and Title of the Office, personally appeared Mark Nye Nemats) a1 Signer)s) CYNTHIA M. BEGIN Commission d 1956615 a 'o Notary Public • California Los Angeles County M Comm. Ea fres OM 15.2015 r CIVIL CODE § 1109 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/,w subscribed to the within instrument and acknowledged to me that he/aWlidy executed the same in his/herRlxefr authorized capacity(ies), and that by his/hwAheiK signature(IS) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Plow War/ Seal AWve S'gnatur of Nolary P011c OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid - City of Newport Beach cean v an inat ova amp Slope Maintenance Document Dale: August 22, 2012 Number of Pages: 9.0 Signer(s) Other Than Named Above: None Capacity(fes) Claimed by Signer(s) Signer's Name: Mark ET Corporate Officer —' ❑ Individual Signer's Name: Vice President ❑ Corporate Officer — ❑ Panner — ❑ Limiled ❑ General Top of thumb here ❑ Attorney In Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Netam 1.600us ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Item 0590] City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 ACKNOWLEDGEMENT OF ADDENDA Bidders name D.J. Scheffler, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature N/A 17 City of Newport Beach OCEAN BOULEVARD AND CHINA COME RAMP SLOPE MAINTENANCE Contract No. 3912 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: D. J. Scheffler, Inc. Business.Address:2500 W. Pomona Blvd., Pomona, CA 91768 Telephone and Fax Number: 909-595-2924 Fax 909-598-8639 California State Contractor's License No. and Class: 582912, C-8 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 12/15/1989 Expiration Date: 12/31/2013 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: John Strauss/Project Manager 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 Mark Nye Title Vice President Address 2500 W. Pomona Blvd., Pomona, CA Telephone 909-595-2924 Corporation organized under the laws of the State of M. California The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: M 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / No:) If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. D.J. Scheffler, Inc. Bidder Dale J. Scheffler (Print name of Owner or President of Corporation/Company) Authorized Signature/Title Mark Nye/Vice Presiden7 Title 08/22/2012 Date OnZ before me, Cynthia M. Begin Notary Public, personally appeared AZgc.k A/ye who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(o) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(ie&j, and that by his/their signature(&} on the instrument the person(soJ; or the entity upon behalf of which the person(sracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: /°IIS112- 20 (SEAL) CYNTHIA M.8EGIN Commission N 1956615 ve Notary Public - California v Los Angeles County I. Comm. G. ires Oct 15.2015 City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 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: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS a LABOR AND MATERIALS PAYMENT BOND o FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this day of2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and D.J. SCHEFFLER, INC., ("Contractor'), a California corporation, is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3912, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, 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. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Ninety -One Thousand, One Hundred Twenty -Five and 00/100 Dollars ($391,125.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 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 PO Box 1768 Newport Beach, CA 92658 Attention: Frank Tran (949)644-3340 D.J. Scheffler, Inc. 2500 Pomona Boulevard Pomona, CA 91768 909-595-2924 909-598-8639 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for ..all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 24 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed 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. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. 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. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 27 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. 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 dates written below. APPROVED AS TO FORM OFFICE OF TH CITY ATTORNEY Date: q a C46=,� Aaron arp City Attorney ATTEST: Date:-?�Z Leilani I. Brown City Clerk Im NN CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charte Cit Date: By: AkC�� Nancy Gard Mayor t�V D.J. SCHEFFLER, INC. California Corporation By: %--ZXlX_ (Corporate Officer) Title: Vice President Print Name: Mark Nye Date: '1/"1/12' By: / - - �'- ( inancial icer) Title: Secretary Print Name: Cynthia M. Scheffler Date: zo PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. City of Newport Beach OCEAN BOULEVARD ARID CHINA COVE RAMP SLOPE MAINTENANCE Contract No. 3912 BOND 110..7631619 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ s. 9 e 8. o e being at the rate of $1s . 31 thousand of the Contract price. WHEREAS,: the City Council of the City of Newport Beach, State of California, by motion adopted,. awarded to D.J. Scheffler, ,Inc„ hereinafter designated as the "Principal'; a contract for construction of OCEAN BOULEVARD AND CHINA COVE RAMP 'SLOPE MAINTENANCE, Contract No.. 3912 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. 3972 and the terms1hereof require.the'furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland duly ,authorized to transact business .under the taws of the State of California as Surety (hereinafter "Surely"), are held and firmly bound unto the City of Newport Beach, in the sum .of Three Hundred Ninety -One Thousand, One Hundred Twenty-. Five 001100 Dollars _($3.99,125.00) lawful money of the United States of America, said sum being equal to 100% of -the estimated. amount of the Contract, to be paid to the. City of Newport Beach, its successors, and 'assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, acid 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 providedon its pall,, 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 harinless the City of Newport Beach, its officers, employees and, agents, as therein stipulated, then, Surety will faithfully perform the same, in'an'anfount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 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 Suety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1)year following the 'date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not.exonerate the Surety'from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the sth day of September 2012. HA -QV- N -t E D.J. Scheffler; Inc, (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Lon Angeles. CA 90017 Address of Surety' (213) 270-0600 Telephone 0 Arturo Avala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDCIVIENT' v v v a v n v v u a v v v v e v v v v n vvvv .. w o v e. vv'v v v e v a v v v a v u n vvvvo vv a v... a v u o v v v v v v v v vevvvvvvr State of California County of los Ang=ler ) ss. On 9/Z i= before me, Notary Public, personally appeared Nl� # ,who proved to me oli the basis of satisfactory evidence to 15 '.the. pefson(s)' whose names) is/arc subscribed. to the within instrument, and acknowledged to me that Wshe/they. executed the same in his/ho4tkeif-aiathorized_ capacity(ies), and that by'hislhe4U;@it=-signa'ure*) on the instrument the person(s); or the entity upon behalf of which the person(.) acted, executed the instrument. I certify, under PENALTY OF PERJURY under the laws of 'the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 CYNTHIA M. BEGIN Commission 0 1956615 Notary Public - California Los Angeles County C fie' M Comm. Ea ires Oct 15 2015 Sign tura (poll) avoounn I.Lvuv'vuvoe av e o e u ea'Y v u o n o o o e o o vol n o o v v a o o o v e n v v o n' a o o. o o 4 o o vp'o n o o o e n v v e v of Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language OPTIONAL INFORMATION FANhFu/ ifr/ccn 1"xe Rooj CRE Type of Satisfactory Evidence! Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power'of Attorney CEO/CFO/C00 V President / Vice -President / Secretary I Treasurer Other: Other Information: 31 Thumbprint of Signer C] check here If no Ihumbprinl or fingerpiirit is available. ACKNOWLIEDGMENT o u ne n n n n n u.. du'uudou u u n u a u u u n nn.enenanv o n u v v n u u u n u u o u v u u n u n n n:n u a u n u v e n n n n u u nbl State of California County of . Orange }ss. On 9/s/12 before me, susan Pugh Notary Public, personalty appeared Arturo Ayala --.who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/ape subscribed to the within instrument. and acknowledged to me that helsli& te}t execuied the same in hish*sdfheir authorized capacityW), and that by his/hisiAhak signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY 'under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hend and official seal. GA."__1;, 4/ Signature susa&_Z Cush -AJPUGH k CONN h1934229 IA,, :R 60. uy Puulic C�h v r is UHANGE CCUNlY """ fAti Con;oi.Ezpires Ap:29,2015 (seal) o 000nnun noun u u a u n u n n n u u a u on n n e n n nu.vonvn n n u n n n nna a n v n u a n n nn'n'o nv n n u n v u u n n o u v o.. OPTIONAL INFORMATION Date of Docimient Type or Title of Dominant Number of Pages in Document Document in aForeign Language Thumbprint of Signer Faithful Performance Bond Type of Satisfactory Evidence: x Peisonaliy'Known with Paper Identification _`Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer x Other: Atrnrnpe4-Tn-Faot Other Information: 32 Check hero, If no thumbprint orfingerinint is available. PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. City of Newport Beach OCEAN BOULEVARD AND CHINA COVE RA1i1111P SLOPE MINTENANCE Contract No. 3912 BOND NO. 7631619 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach,. State of California, by motion adopted, has awarded to D.J. Scheffler; Inc., hereinafter designated as the "Principal," a contract for construction of OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE, MAINTENACE; Contract No, 3912 -in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public works Department of the Cityof Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3912. and the terms thereof require the furnishing' of a bond, providing that if Principal or any'of Principal's subcontractors, shall fail to pay for any materials,, provisions, or other supplies used in, upon, for, or about the, performance of the work, agreed to be done, or for any work or'labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set 'forth: NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Denosit Comnany of Maryland duly authorized totransact business under the laws of the State of California, as Surety, (refer red 2o herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety -One Thousand, .One Hundred Twenty -Five. and 00/100 Dollars ($391,125:00) 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 term's 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 forany'malehals; provisions, or other supplies,' implements or machinery used in, upon, for, or about the performance, of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code With respect to such work or labor, or for any.amounts required to be .deducted, withheld and paid, over to the Employment Development Department from the wages of employees of. the.Principal and subcontracto'r's pursuant to Section 13020 of the Unemloyment.lnsurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding 1he sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond; a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shalt inure to the benefitof any and all persons, companies, add corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety,, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time,, alterations or additions to the.terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it, is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal, and ,Surety,'onthe stn day of_Sentember ,2012. M A1z"/- Ny ]�_ D.J. Scheffler, Inc. (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles.CA 90017 Address of Surety 1213) 270-0600 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT v v v a a v v v v anv n n a a u a n a n a v e n a n e n v v v e n a a v a v v e v n n n a v v u n v a a a a. aovvvn v a v. a s nn n n n u v o on v, State 'of California County of Ara /}iiie:le;' } ss. On q-lz-17 before me, r: f, /i44w'k Notary Public, personally appeared proved to me on the basis of satisfactory evidence to, be the personM whose namejWs/are subscribed to the within instrument and acknowledged to me that helshe/lh6i executed the same in his/hefftheit; authorized capacity(04, and 'that by his/fgeplgeir signaturesfs•Yon the insttument.the person(s), or the entity' upon behalf of which the person(sj'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS.myhand and official seal. SigSig atuure CYNTHIA M. BEGIN Commisslon 0 1956615 Notary Public - California Los Angeles County Comm. Expires Oct 15, 2015 (seari ne nv.a a a a n u n a a n a a v n a von e n n a n a a v v v a u n a a v a n o e a v v o a v v v v v a v n a o n e n n n a v n a a n v a a n n n a n v n, Date of Document Type or Title of Document Number of'Pages in Document DoWmenf in a Foreign, Language OPTIONAL INFORMATION /,/", -Rwerld pmt mn i O v ct Type.of Satisfact6ry Evidence: �' Personally Known with Paper Identification —� Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney c .CEO/CFO1COO President / Vice -President I Secretary / Treasurer Other: Other Information: 35 Thumbprint of Signet ❑ Check here If no Ihumbprini or fingerprint is available. ACKNOWLEDGMENT YOtloa O,lYnYtl OnaYU b Y a Y Y a O Y o n aaaaaq .YOUN N Y Y 04 Y a U Y D O D U I, Un Y U Y Yn n Y Y Y U D Y a Y➢II Utl Y o o Y Y Y Y, State of'California County of QLanae �},ss. On 9 5/12 before me, _Susan Puah Notary Public', personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/$ce subsceibed'to the within instruhient and acknowledged to me that he/ahekhey executed the same in his/hanKieir authorized capacity(iSs), .and that by hislherAheir signatures(s), on the instrument the person(s), or.the entity upon behalf of whioh the pei;son(aj acted, executed the instrument. I certify .under PENALTY .OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature SusanQEh (ne l) n Y Y Y a a n a u n Y a Y a n u Ntl n a n a a Y Y Y n n Y Ya a Y Y Y a a n a a n Y a a v a a u a a n a a a Y U Y n a a Y a a u a a'Y n n n n n n n o. o ArJ Date of Document Type or Title of Document Number of Pages in Document Document iri a Foreign Language 'OPTIONAL INFORMATION 9/5/12 Labor and Material Payment Bond . Two Type of Satisfactory Evidence: _x_ Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer: —Trustee Power of Attorney _ CEO/CFO/C00 _,President /Vice—President,t / Secretary 1 Treasurer X Other: Attorney -In -Fact Other Information: 36 Thtnnbpriht of Signer ❑ Check here if no.thumbprint or fingerprint is.avafla619. PUGH R b. P t V) P-D'J C- Ufc 'IQ (� LL Ui 1 -E Q r i Y /� f7V rNin L L'pI1P by 2� 2ni',:� (ne l) n Y Y Y a a n a u n Y a Y a n u Ntl n a n a a Y Y Y n n Y Ya a Y Y Y a a n a a n Y a a v a a u a a n a a a Y U Y n a a Y a a u a a'Y n n n n n n n o. o ArJ Date of Document Type or Title of Document Number of Pages in Document Document iri a Foreign Language 'OPTIONAL INFORMATION 9/5/12 Labor and Material Payment Bond . Two Type of Satisfactory Evidence: _x_ Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer: —Trustee Power of Attorney _ CEO/CFO/C00 _,President /Vice—President,t / Secretary 1 Treasurer X Other: Attorney -In -Fact Other Information: 36 Thtnnbpriht of Signer ❑ Check here if no.thumbprint or fingerprint is.avafla619. Bond No. 7631619 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force. and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY and Arturo AYALA, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2012. ATTEST: By ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND US-06lip "o%NSU Assistant Secretary Vice President Eric D. Barnes James M Carroll State of Maryland City of Baltimore On this 9th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposelh and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument am the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .............. `...... Wrwn.a/^'�.- talo Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 012-0079B CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE CONTRACT NO. 3912 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. 3912 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 1. Lump Sum Mobilization/De-Mobilization '1KNTY 00F THcZAND @_ TO 'HoPP0 FIM Dollars ZERa and Cents 25-0 Per Lump Sum 2. Lump Sum Traffic Control rrivt THoOSAND @ eibH-r f1r[y Dollars and Cents 00 Per Lump Sum 3. Lump Sum Removal and Disposal of Unsuitable Material '(YVEWTy -i F -i w r TgPJs4N_b @W) YANDWb FIM Dollars ZER) and Cents 00 $ 2 8, Z,S a Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 4,100 SF Soil Nail Slope Stabilization bQFE Ha►4DRtD 51EVFN 790,'ANb SW HOWDRF-D @ mrb" FIVE Dollars ZE1 Cents Per Square Foot 5. 4,100 SF Sculpted Rock Finish OWE TWIPOY SEVro THVUtJDUSANb @ On►E HANPRM Dollars 7Zt PC and Cents 00 $� $ 2Y /00 Per Square Foot 6. Lump Sum Cheek Wall at Stairs FIfTf,�F,N rHCIusAND @ N I NEIU Dollars zr120 and cqy Cents $ Per Lump Sum 7. 500 LF Guard Cable Fence @ I VKi THMAND Dollars and Cents Per Linear Foot 8. Lump Sum 4 -inch Yelomine Forcemain NINE 1HC6AHD @ rJ►HC HUOPWD THIR1t Dollars and Z�I Cents Per Lump Sum 9. Lump Sum Restoration of Public and Private Improvements NINE T NCusAtkb @ TrN Dollars and 7ERU Cents Per Lump Sum 0C, $ $ /0 000 T PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Landscape and Irrigation FoRry 00 T I005AWb @POUF 0OK-D rK1JTjl Dollars and ZERG Cents Per Lump Sum 11. 240 LF 12 -inch Wide Concrete Maintenance Strip THREE THVUt Nb @ 3X HMHPV-fD Dollars and ZWO Cents $.. l $ 00 Per Linear Foot 12. Lump Sum Surveying Services @ TOWC TOWTHWAND Dollars and QQQ no w.& Cents $ Per Lump Sum 13. Lump Sum Provide As -Built Drawings @ Two Thousand Dollars and Zero Cents $ 2,000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS: 41*oAw Al) and 2F,90 Cents /ZZA0 Z Date '41VDollars n�itiJ�' -VE $ Total Price (Figures) Bidder Bidder's Telephone and Fax Numbers Bidder's Authori ed Signature and Title Bidder's License No(s). and Classification Bidder's Address CA PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE CONTRACT NO. 3912 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 2-9 SURVEYING 1 2-9.1 Permanent Survey Markers 1 2-9.4 Line and Grade 2 2-9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4-1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5-1 LOCATION 3 5-2 PROTECTION 3 5-7 ADJUSTMENTS TO GRADE 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 9 7-10-6 Notice to Residents 9 7-15 CONTRACTOR LICENSES 9 7.16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2.1 Partial and Final Payment 12 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201-1 PORTLAND CEMENT CONCRETE 12 201-1.1.2 Concrete Specified by Class 12 201-2 REINFORCEMENT FOR CONCRETE 12 201-2.2.1 Reinforcing Steel 12 SECTION 214 PAVEMENT MARKERS 13 214-4 NONREFLECTIVE PAVEMENT MARKERS 13 214-5 REFLECTIVE PAVEMENT MARKERS 13 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300-1 CLEARING AND GRUBBING 13 300-1.3 Removal and Disposal of Materials 13 300-1.3.1 General 13 300-1.3.2 Requirements 14 300-1.5 Solid Waste Diversion 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 14 303-5.1 Requirements 14 303-5.1.1 General 14 303-5.5.4 Gutter 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308-1 GENERAL 14 TECHNICAL SPECIFICATIONS SP CITY OF NEWPORT BEACH W 40 .7 PUBLIC WORKS DEPARTMENT ,I)m SPECIAL PROVISIONS OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE CONTRACT NO. 3912 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -5973-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's 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 constructing a soil nail slope stabilization for the subject slope area. The work consists -of: 1) removing vegetation and other unsuitable materials, 2) minor grading to even out slope surface, 3) construction of a soil nail- shotcrete stabilization system including an architectural sculpted rock finish, 4) the reconstruction of a 4 inch diameter sewer forcemain in the stabilization area and 5) landscape and irrigation bordering the stabilization area." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the SP 1 OF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE CONTRACT NO. 3912 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -5973-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's 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 constructing a soil nail slope stabilization for the subject slope area. The work consists of: 1) removing vegetation and other unsuitable materials, 2) minor grading to even out slope surface, 3) construction of a soil nail- shotcrete stabilization system including an architectural sculpted rock finish, 4) the reconstruction of a 4 inch diameter sewer forcemain in the stabilization area and 5) landscape and irrigation bordering the stabilization area." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the SP2OF15 Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Coast Surveying and can be contacted at (714) 918-6266. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 - hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(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 ............................................ 15 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, one (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 (prior to any markups) 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. SP3OF15 SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3'd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SP4OF15 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. 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 45 consecutive working days after the date on the Notice to Proceed. The 60 -day landscape maintenance period is not included in these working days. The Contractor shall ensure the availability and delivery 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 (New Year's Day), 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 241h, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add Section 6-7.4 Working Hours SP5OF15 6-7.4 Working Hours. Normal working hours are limited to 8:OOAM to 4:30PM, 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 4:30PM to 6:30PM on weekdays or 8:00 AM to 6:00 PM on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 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 $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages 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 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. SP6OF15 City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 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 shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the nighttime hours of 11:00 PM to 5:00 AM 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 Engineer. The City must approve any nighttime work in advance. It is the Contractors responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 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 the Utilities Operation Manager, at (949) 718-3402." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 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 in advance. 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." 7-8.6 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 SP7OF15 the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: 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. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 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 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." SP8OF15 7-10.3 Street Closures, Detours and Barricades. 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 (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. Contractor will be required to provide flagmen in order to maintain one lane of traffic on China Cove Ramp and Fernteaf Avenue. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 7. Contractor shall maintain vehicular and pedestrian access to the China Cove at all times." 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." Add the following Section 7-10.5 "No Parking" Signs SP9OF15 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 by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs are 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 non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 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. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Contractor "A" License, and a "C-27" License for landscaping work. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDSMS 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 SP 10 OF 15 up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built' drawings. The "As -Built" 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. All work described below shall be in accordance with the plans and project technical specifications. The contractor is responsible for implementing all details shown on the plans as well as all requirements contained in the project technical specifications. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization/De-Mobilization: Work under this item shall include a pre - construction survey, verification of existing utilities, material storage payout plan, as well as providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents to keep China Cove Ramp open at all times, and comply with all City requirements. In addition, this item includes providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. SP 11 OF 15 Item No. 3 Remove and Disposal of Unsuitable Material: Work under this item shall include removing and disposing of all items shown on the removal plan (i.e. swales, stairway cheek walls, timber wall and all vegetation). It shall also include any existing soil material trimmed from the slopes that cannot be used anywhere on site (i.e. as backfill behind shotcrete walls, etc.). Item No. 4 Soil Nail Slope Stabilization: Work under this item shall include all grading preparation and backfill (i.e. leveling of slope surface, compaction of slope surface, backfill behind vertical wall sections, as well as any import or export of soils necessary to complete project) drilling of nail holes and nail bar installation including all components such as bearing plates, washers, nuts, bar centralizers, grout, corrosion protection, etc., temporary shotcrete facing, permanent shotcrete facing, vertical wall sections at the toe and top of slope, backdrainage including all pipe, rock filter fabric and gecomposite material, all mix designs, material verification and testing (i.e. shotcrete mix design, nail grout mix design, tieback stressing and verification, proof and creep tests). Item No. 5 Sculpted Rock Finish: Work under this item shall include all materials and work to create a sculpted rock finish with visual appearance in conformance with Exhibit 2.5.1. It shall include: shotcrete mix design, curing and staining, test panels and installation. It shall be installed to the satisfaction of the Engineer. Item No. 6 Cheek Walls at Stairs: Work under this item shall include cheek wall construction in the area of the existing stairs. Work should also include repair of any damage to the existing stairwell during construction. Item No. 7 Guard Cable Fence: Work under this item shall include all items related to the guard cable fences shown on the plans. Item No. 8 4 -inch Yelomine Forcemain: Work under this item shall include furnishing and installing 4 -inch yelomine forcemain piping, fittings, connection to existing forcemain, sawcutting, excavation, shoring, bedding, compaction, testing, and all appurtenant materials to complete the work in place. Item No. 9: Restoration of Public and Private Improvements: Work under this item shall include repair, restoration, or reconstruction all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: shrubs, plants, trees, irrigation components, electrical components, fences, brick, brick pavers, and other decorative items required to complete the work in place. Item No. 10 Landscape and Irrigation: Work under this item shall include all other work items as required to complete the planting and irrigation system work in place, including 60 -days maintenance period, as shown on the Plans, and as directed by the Engineer. SP 12 OF 15 Item No. 11 12 -inch Wide Concrete Maintenance Strip: Work under this item shall include removing existing, compacting subgrade, constructing 12 -inch wide, 4 -inch thick concrete maintenance strip along existing curb and other work items as required for performing the work complete and in place. Item No. 12 Surveying Services: Work under this item shall include establishing survey controls, construction staking, preliminary grades, final grades, all horizontal alignment, filing of corner records, reestablishment of property corners disturbed by the work, protection and restoration of existing monuments and other survey items as required to complete the work in place. Item No. 13 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2.1 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SP 13 OF 15 SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK RIITIINi<dIt MEIN 1►•RH_1►1IZel:IU:]-31.W 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 Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.asox?page=157 and then selecting the link Franchised Haulers List." 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 for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." SP 14 OF 15 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5.4 Gutter. Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. SP 15 OF 15 The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The Contractor shall fully comply with the following specifications pertaining to Technical Specification which augment, but are not referenced in these special provisions and of the Standard Specifications for Public Works Construction. TECHNICAL SPECIFICATIONS REFERENCES A. 2009 Edition of The "Greenbook", Standard Specifications For Public Works Construction. B. Latest version of Post Tensioning Institute (PTI) standards: PTI, "Recommendations for Prestressed Rock and Soil Nails" C. "Geotechnical Exploration for Surficial Slope Failure Near Fernleaf Avenue and Ocean Boulevard, Corona del Mar, California", by Leighton Consulting, Inc., dated February 10, 2009, Project No. 602148-001. ASTM A 775 Fusion Bonded Epoxy Coating ASTM 1785 Standard Specification for Poly Vinyl Chloride (PVC) Plastic Pipe, Schedule 40, 80 and 120 AASHTO M 6/ASTM C33 Fine Aggregate ASTM A 615 Standard Specification for Plain Billet -Steel Bars Reinforcement AASHTO M 85/ASTM C 150 AASHTO M 183/ASTM A 36 1. GENERAL 1.1 DESCRIPTION Portland Cement Deformed and for Concrete Standard Specification for A36 Carbon Structural Steel A. The contractor shall furnish all labor, materials, tools, supervision, transportation, installation equipment, and incidentals necessary to complete the work specified herein and shown on the contract drawings. The work shall include, but not be limited to, mobilization, excavation and grading, backfilling, surveying, drilling, inserting, grouting, load testing, lock -off of soil nails at the appropriate locations, shotcrete placement, and boulderscape finish. B. All textured rock shall be finished to produce a rock -like aesthetic finish to simulate the color and texture of the approved on-site mock-up. Producing a rock - August 1, 2012 1 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS like aesthetic finish will require fonning and carving relief into the shotcrete face to the limits shown on the plans. The relief shall be sculpted into shotcrete applied onto the structural shotcrete facing or onto a substrate suitable to sustain the sculpted shotcrete. The texture shall closely resemble that of the approved mock- ups. 1.2 DEFINITIONS Admixture: Substance added to the grout to either control bleed and/or shrinkage, improve flowability, reduce water content, or retard setting time. Alignment Load (AL): A nominal load applied to a soil nail during testing to keep the testing equipment correctly positioned. Steel reinforcing bars: The solid steel reinforcing bars are the main component of the soil nail wall system. These elements are placed in pre -drilled drillholes and grouted in-place. Tensile stress is applied passively to the nails in response to the deformation of the retained materials during subsequent excavation activities. Soil nail head: The nail head is the threaded end of the soil nail that protrudes from the wall facing. Soil nail hex nut, washer, and bearing plate: These components attach to the nail head and are used to connect the soil nail to the facing. Temporary and permanent facing: The facing provides structural connectivity. The temporary facing serves as the bearing surface for the bearing plate and supports the exposed soil. This facing is placed on the unsupported excavation prior to advancement of the excavation grades. The permanent facing is placed over the temporary facing after the soil nails are installed and the hex nut has been tightened. Bond Length: The length of the tendon that is bonded to the primary grout and capable of transmitting the applied tensile load to the surrounding soil or rock. Centralizer: A device to support and position the tendon in the drill hole so that a minimum grout cover is provided. Construction Quality Assurance (CQA) Inspector: GW shall be responsible for construction quality assurance (CQA) testing monitoring, and other duties related to assuring the quality of construction and adherence to the Contract Drawings and Specifications. Contract Drawings: The approved plans, profiles, typical cross sections, working drawings, and supplemental drawings which show the location, dimensions, and details of the work to be done. August I, 2012 2 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS Contractor: The person/firm responsible for performing the soil nail work. Creep movement: The movement that occurs during the creep test of a soil nail under a constant load. Creep test: A test to determine the movement of the soil nails at a constant load. Design Load (DL): Anticipated final maximum effective load in the soil nail after allowance for time -dependent losses or gains. The design load includes appropriate load factors to ensure that the overall structure has adequate capacity for its intended use. Elastic movement: The recoverable movement measured during a soil nail test. Engineer: GMU Geotechnical will undertake the duties and powers assigned to the Engineer by the Contract Documents. The engineer is responsible for approving all design and specification changes and making design clarifications that may be required during construction. Grout: Grout is placed in the pre -drilled borehole after the nail is placed. The grout serves the primary function of transferring stress from the ground to the nail. The grout also provides a level of corrosion protection to the soil nail. Owner: City of Newport Beach. Permanent soil nail: Any soil nail that is intended to remain and function as part of a permanent structure. A permanent soil nail has to fulfill its function for an extended period of time and thus requires special design, corrosion protection, and supervision during installation. Proof test: Proof tests are conducted during construction on a specified percentage. Proof tests are intended to verify that the contractor's construction procedure has remained constant and that the nails have not been drilled and grouted in a soil zone not tested by the verification stage testing. Soil nails are proof tested to a load typically equal to 133 percent of the design load. Residual movement: The non -elastic (i.e., non-recoverable) movement of a soil nail measured during load testing. Safety factor: The ratio of the ultimate capacity to the working load used for the design of any component or interface. Shop drawings: All drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared for or by the Contractor or any subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or any other matter relating to the work. August 1, 2012 3 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS Subcontractor: The Subcontractor is a person/firm who has a direct or indirect contract relationship with the Contractor to perform any of the work. Supplier: Any person/firm who supplies materials or equipment for the work, including that fabricated to a special design, and may also be a Subcontractor. Test Load (TL): The maximum load to which the soil nail is subjected during testing. Unbonded soil nail: Soil nail in which the free stressing length remains permanently unbonded. Verification test: Verification or ultimate load tests are conducted to verify the compliance with pullout capacity and bond strengths used in design and resulting from the contractor's installation methods. A minimum of two verification load tests should be conducted to failure or, as a minimum, to a test load that includes the design bond strength and pullout factor of safety. The number of verification load tests will vary depending on the size of the project and the number of major different ground types in which nails will be installed. Verification tests are performed on "sacrificial" test nails, which are not incorporated into the permanent work. 1.3 CONTRACTOR QUALIFICATIONS 1.3.1 Soil Nail Contractor A. The soil nailing contractor shall have completed at least 3 permanent soil nail retaining wall projects during the past 3 years totaling at least 1,000 m2 (10,000 ftZ) of wall face area and at least 500 permanent soil nails. In addition, the soil nail contractor shall have successfully completed a minimum of 10 soil nail projects during the last 10 years. B. Provide a Registered Professional Engineer with experience in the construction of permanent soil nail retaining walls on at least 3 completed projects over the past 3 years. The Contractor may not use consultants or manufacturer's representatives to meet the requirements of this section. Provide on-site supervisors and drill operators with experience installing permanent soil nails on at least 3 projects over the past 3 years. 1.3.2 Sculpted Rock Sub -Contractor A. The sculpted rock company shall provide a project reference list verifying the successful construction completion of at least 7 projects totaling no less than 400,000 sq. ft. of sculpted rock facing. August 1, 2012 4 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS B. The sculpted rock company must also have a reference list of sculpted wall projects totally at least 1.5 million square feet of installed sculpted and stained shoterete facing. C. The sculpted rock company shall submit a list identifying the lead sculptor, additional sculptors, and lead staining artisan having experience installing sculpted shoterete on at least (5) projects of similar magnitude and difficulty over the past (4) years. The list shall contain a summary of each individual's experience. D. A signed statement of experience certifying the Contractor is an established business with a minimum of 15 years experience and indicate in detail experience in successfully constructing: 1) textured artificial rockwork and earthwork, and 2) eight (8) different geological and architectural sculpted retaining wall finishes. E. Full documentation of the Construction crew, including resumes of lead personnel (structural engineer, and final texturing and finish experts), lists of specific personnel to be used, and details of each listed person's experience and abilities to perform all phases of construction under this Work to the Engineer's satisfaction. The assigned project on-site supervisor and aesthetic coordinator's resume should show a minimum of five (S) years experience in the management of project crews of no less than five people, as well as experience in coordination with other trades in the completion of simulated exhibitor's fabrication projects under the Work. F. The Owner reserves the right to reject non-qualified subcontractors, based on qualification submittals and, at their option, review of past work and references. 1.4 SUBMITTALS A. The Soil Nail Contractor shall submit a list containing at least ten (10) projects completed meeting the requirements of Section 1.3.1. For each project, the Contractor shall include with this submittal, at a minimum: (1) name of client contact, address, and telephone number; (2) location of project; (3) contract value; and (4) scheduled completion date and actual completion date for the project. B. The Sculpted Rock Sub -Contractor shall submit a list containing at least seven (7) projects completed meeting the requirements of Section 1.3.2. For each project, the Contractor shall include with this submittal, at a minimum: (1) name of client contact, address, and telephone number; (2) location of project; (3) contract value; and (4) scheduled completion date and actual completion date for the project. C. Resumes of the Contractor's staff shall be submitted to the Owner for review as part of the Contractor bid. Only those individuals designated as meeting the qualifications requirements shall be used for the project. The Contractor cannot substitute for any of these individuals without written approval of the Owner or Owner's Engineer (Engineer). The Engineer shall approve or reject the August 1, 2012 5 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS Contractor's qualifications and staff within fifteen (15) working days after receipt of the submission. Work shall not be started on any soil nailed wall system nor materials ordered until the Contractor's qualifications have been approved by the Owner. The Owner may suspend the work if the Contractor substitutes unqualified personnel for approved personnel during construction. If work is suspended due to the substitution of unqualified personnel, the Contractor shall be fully liable for additional costs resulting from the suspension of work and no adjustment in contract time resulting from the suspension of work will be allowed. D. The Soil Nail contractor shall submit construction shotcrete mix design for approval two weeks prior to the start of construction. E. The rock sculpting subcontractor shall submit stain colors, paints and MSDS sheets and test panels two weeks prior to the start of construction. F. All shop drawings shall be submitted to the owner and engineer two weeks prior to the start of construction. G. All requests for alternate materials and/or value engineering modifications shall be submitted to the owner and engineer two weeks prior to the start of construction. 1.5 EXISTING CONDITIONS A. Prior to beginning work, the Owner shall provide utility location plans to the Contractor. The Contractor is responsible for contacting a utility location service to verify the location of underground utilities before starting the work. B. The Contractor shall survey the condition of adjoining properties and make records and photographs of any evidence of settlement or cracking of any adjacent structures. The Contractor's report of this survey shall be delivered to the Owner before work begins. C. The existing sewer force main, in the area of the shotcrete wall, shall be reconstructed per the project plans. 1.6 CONSTRUCTION QUALITY ASSURANCE A. The Construction Quality Assurance (CQA) Inspector (GMU) will monitor all aspects of soil nail wall construction. The CQA Inspector will perfonn material conformance testing as required. The Contractor shall be aware of the activities required by the CQA Inspector and shall account for these activities in the construction schedule. The Contractor shall correct all deficiencies and nonconformities identified by the CQA Inspector at no additional cost to the Owner. August 1, 2012 6 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS 2. MATERIALS 2.1 GENERAL A. The Contractor shall not deliver materials to the site until the Engineer has approved the submittals outlined in Part 1.4 of this General Notes and Specifications. B. The designated storage location or locations shall be protected by the Contractor from theft, vandalism, passage of vehicles, and other potential sources of damage to materials delivered to the site. C. The Contractor shall protect the materials from the elements by appropriate means. The steel bars shall be stored and handled in accordance with the manufacturer's recommendations and in such a manner that no damage to the component parts occurs. All steel components shall be protected from the elements at all times. Cement and additives for grout shall be stored under cover and protected against moisture. D. Material shall conform to the following sections and subsection (use as required). 1. CIP concrete [see AASHTO (1996), Section 8 "Concrete Structures J. 2. Reinforcing Steel [see AASHTO (1996), Section 9 "Reinforcing Steel' ]. 3. Permanent Shoterete (see specification in this appendix). 4. Forms and Falsework (use city -standard specifications). 5. Architectural Finish (use city -standard specifications). 2.2 SOIL NAILS A. Nail Solid Bar. AASHTO M31/ASTM A615, Grade 60 or 75, ASTM A 722 for Grade 150. Deformed bar, continuous without splices or welds, new, straight, undamaged, bare, or epoxy -coated, or encapsulated as shown on the Plans. Threaded, a minimum of 150 nun (6 in.) on the wall anchorage end, to allow proper attachment of bearing plate and nut. Threading may be continuous spiral deformed ribbing provided by the bar deformations (continuous thread bars) or may be cut into a reinforcing bar. If threads are cut into a reinforcing bar, provide the next -larger bar number designation from that shown on the Plans, at no additional cost. B. Bar Coupler. Bar couplers shall develop the full ultimate tensile strength of the bar as certified by the manufacturer. C. Fusion Bonded Epoxy Coating. ASTM A 775. Minimum 0.4 mm (0.016 in.) thickness electrostatically applied. Bend test requirements are waived. Coating at the wall anchorage end of epoxy -coated bars may be omitted over the length provided for threading the nut against the bearing plate. August 1, 2012 7 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS D. Encapsulation. Minimum 1 -mm (0.04 -in.) thick, corrugated, HDPE tube conforming to AASHTO M252 or corrugated PVC tube conforming to ASTM D 1784, Class 13464-B. 2.3 SOIL NAIL APPURTENANCES A. Centralizer. Manufactured from Schedule 40 PVC pipe or tube, steel, or other material not detrimental to the nail steel (wood shall not be used); securely attached to the nail bar; sized to position the nail bar within 25 mm (I in.) of the center of the drillhole; sized to allow tremie pipe insertion to the bottom of the drillhole; and sized to allow grout to freely flow up the drillhole. Centralizers shall be provided at maximum intervals of 8 feet with the deepest centralizer located 1 foot from the end of the soil nail and the upper centralizer for the bond zone located no more than 5 feet from the top of the steel bar bond length. B. Nail Grout. Neat cement or sand/cement mixture with a minimum 3 -day compressive strength of 10.5 MPa (1,500 psi) and a minimum 28 -day compressive strength of 21 MPa (3,000 psi), per AASHTO T106/ASTM C109. C. Fine Aggregate. AASHTO M6/ASTM C33. D. Portland Cement. AASHTO M85/ASTM C150, Type V. E. Admixtures. AASHTO M194/ASTM C494. Admixtures that control bleed, improve flowability, reduce water content, and retard set may be used in the grout subject to review and acceptance by the Engineer. Accelerators are not permitted. Expansive admixtures may only be used in grout used for filling sealed encapsulations. Admixtures shall be compatible with the grout and mixed in accordance with the manufacturer's recommendations. F. Film Protection. Polyethylene film per AASHTO M171. 2.4 TEMPORARY AND PERMANENT SHOTCRETE FACING A. Temporary Facing. The temporary facing, which serves as the bearing surface for the bearing plate and supports the exposed soil, consists of 4" shotcrete reinforced with 4x4 W4.OxW4.0 WWM. B. Permanent Facing. Permanent facing, placed over the temporary facing after the soil nails are installed and hex nuts have been tightened, consists of 4" of shotcrete reinforced with a mesh of #4 rebar, 12 inches on -center and a minimum of 2" of sculpted rock face. August 1, 2012 8 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS 2.5 SCULPTED ROCK FACING 2.5.1 Visual Appearance (Finish) A. The sculpted rock finish shall have the visual appearance as shown in the "Exhibit 2.5.1". 2.5.2 Acceptable Manufacturer B. Sculpted shotcrete company that meets the requirements of Section 1.3.2 of these specifications. 2.5.3 Measurement A. Shotcrete will be measured by the square foot of shotcrete approved. 2.5.4 Shotcrete Mix Design A. The Contractor must receive notification from the Engineer that the proposed mix design and method of placement are acceptable before shotcrete placement can begin. 2.5.5 Shotcrete Curing A. All curing compounds applied to the sculpted shotcrete surface shall be removed by pressure washing with water before the application of stains is permitted. Blanket curing is also an acceptable curing method. 2.5.6 Shotcrete Staining A. All permanently exposed shotcrete surface shall be stained. Prior to staining, all permanently exposed shotcrete surfaces shall be cleaned and pressure washed with water to remove laitance and provide a clean surface. Sandblasting will not be required. B. Application of stain shall be by air -type sprayer. Shotcrete shall be cured a minimum of one (1) day prior to staining. C. Shotcrete staining shall consist of applying a minimum of two separate applications of at least two multiple stain colors to all sculpted shotcrete (architectural surface treatment) such that the sculpted wall face demonstrates individual color variations and character to match that of the existing field variations and conditions. Staining shall only be performed when the entire sculpting is complete and not performed during sculpting construction. The test panels shall reflect the color variations and patterns of natural rock formations. August 1, 2012 9 GMU Project 10-071-00 tv Exhibit 2.5.1 .r� Ijwq i st" r TECHNICAL SPECIFICATIONS August 1, 2012 10 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS D. Staining shall be performed on all portions of the wall once the minimum cure time has been met. E. The stains shall consist of a base and accent stain material. The base stain shall be an organic -based non-toxic iron -oxide derivative that provides a spectrum of earth tones. The first coat shall consist of lighter earth tone. The second application of stain shall consist of darker accent stain to create darker tones and for highlighting. F. The accent stain shall be hydrochloric acid with chromic, Cupric, Ferrous, Ferric, Manganese chloride stain with Sodium Dichromate. The stain shall be applied to replicate a close resemblance to the sculpted test panels. Caution shall be exercised to provide all necessary protection to the body during application. A copy of such printed material shall be furnished to the Landscape Architect/Engineer prior to application of the material. The stain material shall produce a spectrum of brown earth tone colors. G. Full compensation for shoterete and staining of the test panels shall be considered as included in the contract price paid for architectural surface treatment and no separate payment will be made therefore. 2.6 BEARING PLATES, NUTS, AND WELDED STUD SHEAR CONNECTORS A. Bearing Plates. AASHTO M183/ASTM A36. B. Nuts. AASHTO M291, grade B, hexagonal, fitted with beveled washer or spherical seat to provide uniform bearing. C. Shear Connectors. AASHTO Construction Specifications, Section 11.3.3.1. 2.7 WELDED WIRE FABRIC. AASHTO M55/ASTM A185 or A497. 2.8 REINFORCING STEEL. AASHTO M31/ASTM A615, Grade 60, deformed. All reinforcing steel and welded wire mesh shall be epoxy coated in accordance with ASTM A 123. 2.9 GEOCOMPOSITE SHEET DRAIN. A. The drainage system consists of 1 -foot -wide minimum Terradrain 101 or equivalent pre -fabricated geocomposite drain. An equivalent alternate may be submitted by the contractor but must be approved by the owner and engineer. August 1, 2012 11 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS 2.10 UNDERDRAIN AND PERFORATED PIPE A. Pipe. ASTM 1785 4 -inch -diameter Schedule 40 PVC solid and perforated wall; cell classification 12454-B or 12354-C, wall thickness SDR 35, with solvent weld or elastomeric joints. B. Sweep Elbow. ASTM D3034, Cell classification 12454-B or C, wall thickness SDR 35, with solvent or elastomeric joints. Do not use 45° or 90° fittings/bends. C. Gravel. 1 cubic foot/linear foot of/" rock. D. Filter Fabric. Miraft 140N filter fabric or equivalent. E. An equivalent alternate underdrain system may be submitted by the contractor but must be approved by the owner and engineer. 2.11 GROUT TUBES A. Grout tubes shall have an adequate inside diameter to enable the grout to be pumped to the bottom of the drill hole. Grout tubes shall be strong enough to withstand a minimum grouting pressure of 145 psi. 2.12 CEMENT A. Portland cement shall be Type V or Type II/V and shall conform to AASHTO M 85/ASTM C150. 2.13 SOIL NAIL CORROSION PROTECTION A. Epoxy Coating and Grout. Corrosion protection with epoxy consists of coating the nail bar with a fusion -bonded epoxy that is applied by the manufacturer prior to shipment to the construction site. Cement grout is placed around all epoxy - coated nail bars. The minimum required thickness of epoxy coatings is 0.4 mm [16 thousandths of an inch (mils)]. The epoxy coating provides physical and chemical protection, as epoxy is a dielectric material. In transporting and handling bars, the epoxy coating may be damaged before nail installation. Therefore, it is not uncommon to spray epoxy coating in the field on chipped or nicked surfaces. Applicable standards for epoxy coating are found in ASTM A-775. 2.14 GUARD CABLE FENCE A. Posts. ASTM A 120. B. Galvanizing. ASTM A 123. C. Post -Grout 2500 psi, Type Il/V cement. August 1, 2012 12 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS 3. CONSTRUCTION INTRODUCTION The sequence of construction for typical soil nail walls consists of: 3.1 Removals per removal plan 3.2 Slope face compaction 3.3 Drilling of nail holes 3.4 Installation, grouting, and testing of nails 3.5 Drainage installation 3.6 Construction of temporary shotcrete facing 3.7 Construction of final, permanent facing 3.8 Final rock face sculpting and staining A detailed description of these major construction activities is presented below. 3.1 REMOVALS All vegetation should be removed in the "removal zone" shown on Sheet 7 of the plans. In addition, removal will also consist of: 1) concrete swales, 2) cheek walls, and 3) a timber wall per Sheet 7 of the plans. All removal debris shall be removed from the site. The existing wooden retaining wall at the toe of slope should be removed. The soil behind the wall shall be trimmed back to a stable angle per OSHA and approved by the engineer. All vegetation and debris shall be stripped from the slope face. 3.2 SLOPE FACE TRIMMING AND COMPACTION All loose, slumped soils shall be trimmed from the existing slope face to a uniform slope angle as shown on the plans and to the satisfaction of the Engineer. Subsequently, soil compaction shall be performed using a Sideboom tractor with a static grid roller that is lowered on the slope. A minimum of 4 passes (2 full cycles) with a 1.5 to 2 feet overlap are required. Equivalent alternative methods shall be approved by the engineer. Excess soil shall be removed from the site. Costs shall be included as a lump sum under bid item 3. 3.3 DRILLING OF NAIL HOLES Nail holes (drillholes) shall be drilled using auger drilling. The drill hole will be 8 -inch -diameter and have an inclination of 25 degrees. The selected drilling methods should not cause ground caving into the drill hole. Shoring/casing shall August 1, 2012 13 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS be used as required. Additionally, the drilling of the upper nail rows should not cause excessive ground surface heave or settlement. 3.4 NAIL BAR INSTALLATION A. Un -tested anchors. After the nail bar is inserted in the drillhole, the drillhole is filled with clean cement grout using a grout pipe (tremie). As the grout sets, it bonds to the nail bar and the surrounding ground. Centralizers are placed around the nails prior to insertion to help maintain alignment within the hole and allow sufficient protective grout coverage over the nail bar. B. Tested anchors. After the nail bar is inserted and the centralizers placed in the drillhole, the drillhole is grouted up to length L2. Following grouting and curing, the anchor is tested per section 4 of these specifications. Following acceptance of the testing, grouting is completed up to length Lt. 3.5 DRAINAGE INSTALLATION The geocomposite drain boards shall be installed 6 feet on -center. The drain strips shall be secured against the excavation face and are placed with the geotextile side against the ground. During shotcrete application, the contamination of the geotextile side with shotcrete must be avoided to prevent losing the flow capacity of the drains. The groundwater collected at strip drains is removed by a footing drain at the bottom of the slope. The drainage geotextile must envelope the footing drain pipe. The 4" SCH 40 footing drain must be connected to a permanent drainage system or piped down to the street below. Shop drawings for the exit pipe should be provided by contractor. 3.6 TEMPORARY WALL FACING CONSTRUCTION A temporary facing system shall be constructed to support the exposed soil section. The temporary facing consists of a reinforced shotcrete layer 4 inches thick. The reinforcement consists of welded wire mesh (WWM) 4"x4" — W4.OxW4.0, which is placed at approximately the middle of the facing thickness. Additional reinforcement ("waler bars") will be placed around nail heads to provide additional flexural capacity at these locations. The waler bars consist of two vertical #8 rebars (one bar at each side of the nail head) and two horizontal #8 rebars 20 inches in length. Following appropriate curing time for the temporary facing, a steel bearing plate is placed over the nail head protruding from the drillhole. The bar is then lightly pressed into the first layer of fresh shotcrete. A hex nut and washers are subsequently installed to secure the nail head against the bearing plate. Testing of the installed nails to measure deflections (for comparison to a pre -specified criterion) and proof load capacities will be performed prior to proceeding with the construction of the permanent wall facing. 3.7 PERMANENT WALL FACING CONSTRUCTION August I, 2012 14 GMU Project 10-071 TECHNICAL SPECIFICATIONS After the bottom of the excavation is reached and nails are installed and load tested, a final facing will be constructed. Final facing will consist of 6 -inch -thick reinforced shotcrete. The reinforcement of the permanent facing consists of #4 steel bar mesh, 12 inches on -center. The outer 2 inches of the permanent facing will be rock sculpted. 3.8 STEM WALL BACKFILL Backfill behind the soil nail stem/retaining wall shall consist of on-site or import granular soil approved by the Engineer. Soils should be placed in thin lifts, moisture conditioned to at or above optimum moisture content, and compacted to a minimum of 90% relative compaction. Backfill soils should be benched into existing native soils per the Engineer. 3.9 SCULPTED ROCK FACING CONSTRUCTION 3.9.1 [verification of Existing Conditions A. All curing compounds shall be removed by power washing of wall facing. B. All loss material such as dirt and loss shotcrete shall be removed by pressure washer. 3.9.2 Test Panels A. Test panels shall represent a small section of the approved sculpted rock finish. The test panels shall be used as a visual reference throughout the construction of the sculpted rock surface. A minimum of 3 test panels will be required. 3.9.3 Installation A. Installation of shotcrete and it's procedures shall comply with all ACI Standards. B. Rock sculpting shall be performed to match Exibit 2.5.1 contained in the bid set. 3.9.4 Approval A. The sculpted rock finish shall be examined and signed off by either the owner or the owner's designated representative. 4. TIEBACK STRESSING, TESTING, AND ACCEPTANCE 4.1 GENERAL A. Five nails with a minimum of one in each row shall be proof tested. B. One of the five nails that are proof tested shall be selected to be creep tested. August I, 2012 15 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS C. Verification testing is not required but may be performed by the contractor in order to value engineer the tie -backs. The verification testing shall be performed by the contractor at his sole own cost and risk. Any value engineered modifications to the plans and specifications must be approved by the engineer and owner. 4.2 STRESSING EQUIPMENT A. The testing equipment shall consist of: 1. A dial gauge or vernier scale capable of measuring to the nearest 0.001 inch shall be used to measure the soil nails movement. The movement -measuring device shall have a minimum travel equal to the theoretical elastic elongation of the total soil nail length at the maximum test load and it shall have adequate travel so the soil nails movement can be measured without resetting the device at an interim point. 2. A hydraulic jack and pump shall be used to apply the test load. The jack and a calibrated primary pressure gauge shall be used to measure the applied load. The jack and primary pressure gauge shall be calibrated by an independent firm as a unit. The calibration shall have been performed within forty-five (45) working days of the date when the calibration submittals are provided to the Engineer. Testing cannot commence until the Engineer has approved the calibration. The primary pressure gauge shall be graduated in 100 psi increments or less. The ram travel shall be at least 6 inches and preferably not be less than the theoretical elongation of the tendon at the maximum test load. If elongations greater than 6 inches are required, restroking can be allowed. 3. A calibrated reference pressure gauge shall also be kept at the site to periodically check the production (i.e., primary pressure) gauge. The reference gauge shall be calibrated with the test jack and primary pressure gauge. The reference pressure gauge shall be stored indoors and not subjected to rough treatment. 4. The stressing equipment shall be placed over the soil nails in such a manner that the jack, bearing plates, load cells and stressing load are axially aligned with the soil nail and the soil nail is centered within the equipment. B. The stressing equipment, the sequence of stressing, and procedure to be used for each stressing operation shall be determined at the planning stage of the project. The equipment shall be used strictly in accordance with the manufacturer's operating instructions. August 1, 2012 16 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS C. Stressing equipment shall preferably be capable of stressing the whole soil nail in one stroke to the specified Test Load, and the equipment shall be capable of stressing the tendon to the maximum specified Test Load within 75 percent of the rated capacity. The pump shall be capable of applying each load increment in less than 60 seconds. D. The equipment shall permit the soil nail to be stressed in increments so that the load in the nail bar can be raised or lowered in accordance with the test specifications, and allow the soil nail to be lift-off tested to confirm the lock -off load. E. Stressing equipment shall be recently calibrated within an accuracy of plus or minus two (2) percent prior to use. The calibration certificate and graph shall be available on-site at all times. The calibration shall be traceable to the National Institute of Standards and Technology (NIST). 4.2.1 LOAD TESTING SETUP A. Dial gauges shall bear on the pulling head of the jack and their stems shall be coaxial with the tendon direction. The gauges shall be supported on an independent, fixed frame, such as a tripod, which will not move as a result of stressing or other construction activities during the operation. B. Prior to setting the dial gauges, the Alignment Load (AL) shall be accurately laced on the soil nail. The magnitude of AL depends on the type and length of the nail bar. C. Regripping of strands, which would cause overlapping wedge bites, or wedge bites on the nail bar below the soil nail head, shall be avoided. D. Stressing shall not begin before the grout has reached adequate strength. 4.3 VERIFICATION TESTS A. Verification tests provide the following information: ® Determination of the ultimate bond strength (if carried to pullout failure); ® Verification of the design factor of safety; and ® Determination of the soil nail load at which excessive creep occurs. B. Verification test loading must be carried out to a load defined by the pullout factor of safety times the design allowable pullout capacity. For a factor of safety for pullout of 2.0, the test load must verify 200 percent of the allowable pullout capacity. Tests conducted to failure are recommended as they provide more information and may lead to more economical drilling installation methods. The test acceptance criteria require that: August 1, 2012 17 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS No pullout failure occurs at 200 percent of the design load where pullout failure is defined as the load at which attempts to further increase the test load increments simply results in continued pullout movement of the tested nail; The total measured movement (AL) at the test load of 200 percent of design load must exceed 80 percent of the theoretical elastic movement of the unbonded length of the soil nail. VERIFICATION TEST SCHEDULE Load Hold Time 0.05 DL max. (AL) 1 minute 0.25 DL 10 minutes 050 DL 10 minutes 0.75 DL 10 minutes 1.00 DL 10 minutes 1.25 DL 10 minutes 1.50 DL (Creep Test) 60 minutes 1.75 DL 10 minutes 2.00 DL 10 minutes 2.50 DL 10 minutes max. 3.00 DL or Failure 10 minutes max. 0.05 DL 1 minute record permanent set 4.4 PROOF TESTS A. The proof test shall be performed by incrementally loading the soil nails in accordance with the following schedule. The load shall be raised from one increment to another immediately after recording the soil nails movement. The soil nails movement shall be measured and recorded to the nearest 0.001 inch with respect to an independent fixed reference point at the alignment load and at each increment of load. The load shall be monitored with the primary pressure gauge. At load increments other than the maximum test load, the load shall be held just long enough to obtain the movement reading. August 1, 2012 18 GMU Project 10-071-00 TECHNICAL SPECIFICATIONS PROOF TEST SCHEDULE Step Load Hold Time 1 AL Until Movement Stabilizes 2 0.25DL Until Movement Stabilizes 3 0.50DL Until Movement Stabilizes 4 0.75DL Until Movement Stabilizes 5 1.00131, Until Movement Stabilizes 6 1.20DL Until Movement Stabilizes 7 133DL Creep Test (at least one nail) 8 1 Reduce to lock -off load 9 AL (optional) 10 Adjust to lock -off load B. The maximum test load in a proof test shall be held for ten (10) minutes. The jack shall be adjusted as necessary in order to maintain a constant load. The load -hold period shall start as soon as the maximum test load is applied, and the soil nails movement with respect to a fixed reference shall be measured and recorded at 1 minute, 2, 3, 4, 5, 6 and 10 minutes. If the soil nails movement between one (1) minute and ten (10) minutes exceeds Imm, the maximum test load shall be held for an additional 50 minutes. If the load hold is extended, the soil nails movements shall be recorded at 15 minutes, 20, 30, 40, 50 and 60 minutes. 4.5 CREEP TESTS A. At least one (1) soil nail shall be creep tested. The soil nails to be creep tested will be selected by the Engineer. The stressing equipment shall be capable of measuring and maintaining the hydraulic pressure within 50 psi. B. The extended creep test shall be made by incrementally loading and unloading the soil nails in accordance with the performance test schedule provided below. If the total creep movement between 1 and 10 minutes exceeds 0.04 inch, the Test Load shall be maintained for an additional 50 minutes with movement readings taken every 10 minutes. The creep movement must be decreasing with time and the total creep movement shall not exceed 0.080 inch within the period of 6 to 60 minutes for the anchor to be approved. The minimum apparent free length at the Test Load, as calculated on the basis of elastic movement, shall be equivalent to not less than 80% of the designed free tendon length plus the jack length. The maximum apparent free length at the Test Load, as calculated on the basis of elastic movement, shall be less than 100% free length plus 50% bond length plus the jack length. If tieback fails this test, go to Section 8.7 of PTI Manual Recommendations, for Prestressed Rock and Soil Anchors for guidance. August 1, 2012 19 GMU Project 10-071-00 GEOTECHNICAL EXPLORATION FOR SURFICIAL SLOPE FAILURE NEAR FERNLEAF AVENUE AND OCEAN BOULEVAVRD, CORONA DEL MAR, CALIFORNIA Prepared for: Project No. 602148-001 April 9, 2008 - DRAFT February 10, 2009 - FINAL Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY Leighton Consulting, Inc. A LEIGHTON GROVP COMPANY April 9, 2008 - DRAFT February 10, 2009 - FINAL Project No. 602148-001 To: City of Newport Beach 3300 Newport Boulevard City of Newport Beach, California 92658 Attention: Mr. Fong Tse Subject: Geotechnical Exploration for Surficial Slope Failure near Fernleaf Avenue and Ocean Boulevard, Corona Del Mar, California In accordance with your request and authorization, Leighton Consulting, Inc. has performed a geotechnical exploration for the surficial slope failure near Fernleaf Avenue and Ocean Boulevard, Corona Del Mar, California. The report summarizes results of our exploration and recommendations for the slope repair. SITE LOCATION AND DESCRIPTION The study area is located near the intersection of Fernleaf Avenue and Ocean Boulevard in Corona Del Mar, California, as shown on Figure 1. This study includes a south-west facing slope bounded by Ocean Boulevard to the northeast and Fernleaf Boulevard to the southwest. The length of the slope is approximately 320 feet. A stairway is present on the slope. For ease of reference we will refer the slope southeast and northwest of the stairway as the "East Slope" and "West Slope", respectively, as shown on Figure 2. The East Slope has a gradient of approximately IH:IV (horizontal to vertical) adjacent to the stairway and flattens to approximately 3H:IV towards the southwest. The West Slope has a gradient of approximately I H: I V adjacent to the stairway and flattens to approximately 2H:1 V towards the northwest. Wooden poles and retaining walls are currently used to support the East and the West Slopes respectively. 17781 Cowan 0 Irvine, CA 92614-6009 949.253.9836 0 Fax 949.250.1114 0 www,leightonconsulting.com 602148-001 Surficial slope failure was observed on the East Slope during our 2008 and 2009 site visits (see Figure 2). Slope areas outside of the failure areas were covered with ice plants with minor surficial erosion in some areas. We understand that the East Slope has been surficially eroded due to the past rainy seasons and needs to be reconstructed and repaired. We did not notice any drainage devices within the study area. During a recent site reconnaissance by a representative of Leighton Consulting, an area of surficial slope erosion was observed at the eastern terminus of the East Slope. This feature is noted on Figures 2 and 6. Background information regarding the development was not provided and, therefore, the validity of this report should be evaluated in light of the information obtained from the current limited investigation. SCOPE OF WORK The study area for this exploration includes both the East and South Slopes. This report is intended to address repair recommendations to mitigate future surficial slope failure. The following tasks were performed: Perform a site reconnaissance and geologic mapping of the slope; Perform a subsurface investigation consisting of excavating seven (7) hand -auger borings Obtain undisturbed samples and bulk samples from the borings. Samples were taken from both the disturbed and native soils; • Characterize site soil conditions based on the collected soil samples and existing exposed surficial soils; Perform laboratory testing on the site soil, which includes direct shear, maximum dry density and moisture content, remolded direct shear, and in-situ moisture and density; and Prepare this report summarizing our findings, conclusions, and recommendations for slope repair. - 2 - Leighton 602148-001 Subsurface Exploration Seven (7) small -diameter hand -auger borings (HA -I to HA -7) were excavated on the slopes. Locations of the borings are shown on Figure 2. The borings were advanced to depths of approximately 3.5 to 5 feet below current grade, except for HA -7 which was advanced to 8 feet. Relatively undisturbed drive samples and bulk samples were obtained from the borings for soil classification and laboratory testing. The borings were logged to determine the material type and its corresponding physical properties. The borings were backfilled with on-site excavated soils. Boring logs are included in Appendix A. Laboratory Testing A laboratory testing program was performed to evaluate the physical properties of the fill materials encountered at the site during field exploration program. Tests performed included: In-situ moisture content and dry density (ASTM D2216); Maximum dry density (ASTM D1557); Direct shear, with both undisturbed and remolded samples (ASTM D3080). The laboratory test results are presented in Appendix B. GEOTECHNICAL FINDINGS Earth Materials The slopes consist of weathered/disturbed soils over native alluvium. The depth of weathered/disturbed soils within the East Slope was found to be up to 3.5 feet within the borings. Weathered/disturbed soils were encountered within the upper 12 inches along the West Slope. In general, the weathered/disturbed soils were found to be fairly consistent at the site, which consists of loose, moist to very moist silty sand. Native soils underneath the fill consist of sand and silty sand. The consistency of the native soils was found to be slightly higher than the fill and increase with depth. Cross-sections at the site are included on Figures 3, 4 and 5. -3 - Leighton 602148-001 Groundwater Groundwater was not encountered during our subsurface exploration. Near -surface groundwater is not expected to be present on site in the areas of construction for the slope repair. However, due to the presence of vegetation, wet soil condition may be encountered during construction. The contractor should provide a mean of subgrade stabilization if such conditions are encountered during construction. Groundwater levels may also fluctuate due to seasonal variation, nearby construction, irrigation, and numerous other anthropogenic and natural influences. Material Strength Parameters We have performed direct shear tests on representative soil samples to evaluate the shear strength parameters. The tests were performed under both undisturbed and remolded conditions to 90 percent relative compaction conditions. The test results indicated that the soils have friction angles ranging from 32 to 35 degrees and a cohesion ranging from 45 to 84 pounds per square foot (pso in their undisturbed in-situ condition. After being remolded to 90 percent relative compaction, test results indicated that the soils have friction angles ranging from 34 to 38 degrees and a cohesion ranging from 141 to 219 psf. Surficial Slone Stability Analysis We have evaluated the surficial stability of the slope using the infinite slope method and assuming a 4 -foot zone of saturation on the slope face. Based on the analysis, the factor of safety of the slope within the failure zone is less than 1.5 if the soil near the slope face becomes saturated. Evaluation of the global stability of the slope is not within our current scope of work. Additional field exploration and laboratory testing would be required to address the global stability of the slope. CONCLUSIONS AND RECOMMENDATIONS Conclusions The near -surface soil on the slope may tend to be unstable when it becomes saturated. The existing failure on the East Slope is considered surficial and was likely caused by oversaturation of the surficial soils. - 4 - Leighton 602148-001 Recommendations for Slope Repair Weathered/Disturbed Soil Removal: The weathered/disturbed material on both East and West Slopes should be removed to competent material. The removal depth is estimated to be approximately 3 to 4 feet for the East Slope and 1 to 2 feet for the West Slope. The depths should be verified by the geotechnical consultant during grading. Deeper removals may be required if loose and disturbed material is exposed at the removal bottoms. Pine -and -Batter Board: The slope may be reconstructed using the pipe -and -batter board method. Galvanized metal pipes with batter boards can be used to create "tiers" along the slope. We recommend the pipes to be at least 10 feet long and 3 inches in diameter. Pipes should be placed at 4 -foot spacing or less, with no greater than 5 -foot horizontal distance in between "tiers". Batter boards should consist of Wolmanized or pressure treated wood. Based on the site layout, we recommend a three-tier scheme be used on the East Slope and a two-tier scheme on the West Slope, as shown on Figure 6. A schematic of the pipe -and -batter board is shown on Figure 7. On-site soil, free of organics, debris, rootlets or other unsuitable materials, can be used as compacted 'FII. Imported fill soil should have and Expansion Index (EI) less than 50 and be approved by the geotechnical engineer prior to placement as fill. All backfill should be placed in loose lifts not exceeding 8 inches, moisture -conditioned as necessary, and compacted to a minimum of 90 percent of the maximum dry density as determined by ASTM Test Method D1557. Due to the granular nature of the on-site soils, we recommend the upper 12 inches of soil to be mixed with 5 to 8 percent of cement. The soil -cement mixture tends to substantially increase the shear strength and stability of the soil. Potholes can be excavated within the soil - cement layer to allow vegetation growth. We recommend that vegetation be planted on the slope as soon as possible to provide additional stability and reduce surficial erosion. Inspection should be performed after storm events and future repair may be required if any signs of instability are noted. Surface Drainage: Surface water should not be allowed to flow on the slope face. A berm, ditch or drainage device can be constructed at top of the slope to direct surface water away from the slope and toward suitable drainage devices. Ponding of water near top of the slope should also be avoided. Leaky irrigation pipes and sprinkler heads should be repaired immediately. - 5 - Leighton 602148-001 Geotechnical Observation and Testing Geotechnical recommendations presented in this report are based on subsurface conditions as interpreted from limited subsurface explorations and limited laboratory testing. Contractors should perform independent investigations to verify the site conditions, if required. Our conclusions and recommendations presented in this report should be reviewed and verified by Leighton Consulting during site construction and revised accordingly, if exposed geotechnical conditions vary from our preliminary findings and interpretations. The recommendations presented in this report are only valid if Leighton Consulting verifies the site conditions during construction. Geotechnical observation and testing should be provided during the following activities: • Removal, excavation, and compaction of all fill materials; • During remedial grading; During slope reconstruction; and When any unusual conditions are encountered during any construction operation subsequent to issuance of this report. t MA 6- Leighton 602148-001 If you have any questions regarding this report, please do not hesitate to contact our office. We appreciate this opportunity to be of service. EDWARD LOUIS BURROWS No. 1751 CEMIKED ENGNEEN14G GEOLOGIST VMC/ELB/Ir Respectfully submitted, LEIGHTON CONSULTING, INC. Viv"ChengE 67879 Project Engineer ti 1 Edward L. Burrows, PG, CEG 1750 Director of Geology Attachments: Figure I — Site Location Map Figure 2 — Boring Location Map Figure 3 — Cross Section A -A' Figure 4 — Cross Section B -B' Figure 5 — Cross Section C -C' Figure 6 — Proposed Slope Repair Scheme Figure 7 — Pipe and Batter Board Method of Slope Repair for Surficial Failure Important Information about Your Geotechnical Engineering Report Appendix A — Geotechnical Boring Logs Appendix B — Laboratory Test Results Distribution: (2) Addressee PAN Leighton c �9 tiq yq V� 0 600 1,200 SCALE FEET Base Map: AerialsExpress, GDT-Teleatlas Street Data, Fq �(�� Spring 2005 14 ALF O `i V*,� qq PAS PAk P41�1 �l F >P aqo ��1 �C. GPQ�PJB Q° \ coq ` NO lip, P w ®P A,- All, �P Pte`02 ll�� Q�Q Newport Beach "V' P Q .--,--- Approximate Site T� �� o �Pe��/ BoundaryAll, t 41 IleP PASo�P 41 110 ��*`� g Q O� oc JQP AQP F,q�� yQ Qin\ ti °q 11 �\PP II �y4i \ Project No. Fernleaf Avenue and SITE LOCATION 602148-001 .4 '� Ocean Boulevard Slope Repair Corona Del Mar, California MAP Date `/ April 2008 Figure 1 \\GIS\Adminisbadon WcGISTemplates\NEW_ GDT_SiteLocationMap.mxd �P q��ti qtr` c �9 tiq yq V� 0 600 1,200 SCALE FEET Base Map: AerialsExpress, GDT-Teleatlas Street Data, Fq �(�� Spring 2005 14 ALF O `i V*,� qq PAS PAk P41�1 �l F >P aqo ��1 �C. 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PLACE THE BATTER BOARD ROWS AT A MAXIMUM OF 5' APART AND THE GALVANIZED STEEL PIPES AT 4' SPACINGS WITHIN THE ROWS. O BOLT STACKED 2" BY 12" WOLMANIZED/PRESSURE TREATED WOOD BOARDS FROM THE TOP OF THE PIPE TO JUST BELOW THE FAILURE SURFACE. O CUT LEVEL BENCHES 12" BELOW FAILURE SURFACE OR 2 FEET BELOW CURRENT GRADE, WHICHEVER IS DEEPER. RECOMPACT SOIL TO A MINIMUM OF 90% RELATIVE COMPACTION TO FINISH GROUND LEVEL. TOP ® 12" SHOULD CONSIST OF SOIL—CEMENT MIX TO REDUCE SURFICIAL EROSION. POT—HOLES MAY BE CREATED FOR VEGETATIONS Figure 7 Proj: 602148-001 Date: 04/08 PIPE AND BATTER BOARD g�® METHOD OF SLOPE REPAIR FOR SURFICIAL FAILURE Eng/Geol: VMC/ELB Scale: NTS `® v;1GMFiI.xG�b0349C91,G4_RUp&p.OlYIG11PE].PiPEOWG (NO0.00a �O:,JPM� pb�iO W.vquym Leighton Geotechnical Services Are Performed top Specific Purposes, Persons, and Projects Geotechnical engineers structure [heir services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engi- neer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one —not even you —should apply the report for any purpose or project except the one originally contemplated. Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. A Geotechnical Engineering Report Is Based on A Unique Set of Project -Specific Factors Geotechnical engineers consider a number of unique, project -specific fac- tors when establishing the scope of a study. Typical factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted [he study specifically indicates oth- erwise, do not rely on a geotechnical engineering report that was: • not prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geolechnical engineer of project changes --even minor ones --and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineer- ing report whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluclua- lions. Always contact the geotechnical engineer before applying the report to determine it it is still reliable. A minor amount of additional lesting or analysis could prevent major problems. Most Geotechnical Findings APO Professional Opinions Site exploration identities subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engi- neers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ—sometimes significantly— from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engi- neers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report wrinof assume responsibility or liability for the report's recommendations it that engineer does not perform construction observation. A Geotechnical Engltaeering Report Is Subject to MlsinterpretaGon Other design team members' misinterpretation of geotechnical engineering reports has resulted in costly problems. Lower that risk by having your geo- technical engineer confer with appropriate members of the design team ager submitting the report. Also retain your geotechnical engineer to review perti- nent elements of the design team's plans and specifications. Contractors can. also misinterpret a geotechnical engineering report. Reduce that risk by having your geotechnical engineer participate in prebid and preconstmction conferences, and by providing construction observation. Do Not Redraw the Engineer's dogs Geotechnical engineers prepare linal boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognize that separating logs from the report can elevate risk. Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable lot unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give con- tractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. In that letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest lee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contrac- tors have sufctent timeto perform additional study. Only then might you be in a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Read Responsibility Provislons Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disci- plines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their reports. Sometimes labeled "limitations" many of these provisions indicate where geotechnical engineers' responsi- bilities begin and end to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoemelronmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenviron- mental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoen- vironmental information, ask your geotechnical consultant for risk man- agement guidance. Do not rely on an environmental report prepared for someone else. Obtain Processional Assistance To Deal with Mold Diverse strategies can be applied during building design, construction, operation, and maintenance to prevent significant amounts of mold from growing on indoor surfaces. To be effective, all such strategies should be devised for the express purpose of mold prevention, integrated into a com- prehensive plan, and executed with diligent oversight by a professional mold prevention consultant Because just a small amount of water or moisture can lead to the development of severe mold infestations, a num- ber of mold prevention strategies focus on keeping building surfaces dry. While groundwater, water infiltration, and similar issues may have been addressed as part of the geotechnical engineering study whose findings are conveyed in this report, the geotechnical engineer in charge of this project is not a mold prevention consultant; none of the services per- formed In connection with the geotechnical engineer's study were designed or conducted for the purpose of mold preven- tion. Proper implementation of the recommendations conveyed in this report will not of Itself he sufficient to prevent mold from growing in or on the structure involved, Regyy, an Your ASFE-Member Geotechncial Engineer for Additional Assistance Membership in ASFEffhe Best People on Earth exposes geotechnical engineers to a wide array of risk management techniques that can be of genuine benefit for everyone involved with a construction project. Confer with you ASFE-member geotechnical engineer for more information. ASF THE BEST PEOPLE ON EARTH 8811 ColesviIle Road/Suite G105, Silver Spring, MD 20910 Telephone: 301/565-2733 Facsimile: 301/589-2017 e-mail: info®astemig www.asle.org Copyright 2004 byASFE, Inc. Duplication, reproduction, or copying of this document, In whole or in part, by any means whatsoever, Is sbiet/yprohibfted except with ASFOffi specific written permission. Excerpting, quoting, or otherwise extracting wording from this document Is permitted only with the express written permission of ASFE, and only for purposes of scholady research or book review. Only members ofASFEmay use this document as a complement to oras an element of a geotechnical engineering report. Any other firm, individual, or other entity that so uses this document without being an ASFE member could be cammlgng negligent or intentional (fraudulent) misrepresentation. IIGER06075.OMBP GEOTECHNICAL BORING LOG HA -1 Date 2-26-08 Project Fernleaf Avenue and Ocean Boulevard Slope Repair Drilling Co. N/A Hole Diameter 3.25 inches Drive Weight N/A Sheet 1 of 1 Project No. 602148-001 Type of Rig Hand Auger Drop Elevation Top of Hole ILocation See Boring Location Map ° " Y m^ Wiry DESCRIPTION d O m tw a ad rpt W v Z y y, Q 3 c w c„- 00 10U w and >LL' mo mJ «_ o mu C3 CL wa, U o w OLL' t7 i Q E mM rn t OC 20 _y 3=i Logged Logged By CDURVS a rn n Sampled By CDL/RVS F- 0 DisturbedMeathered Soils: Remolded DS, MD @ 0': Silty SAND, dark brown, very moist, loose, fine grained sand, SM abundant roots. Native Soils: SP @ 0.5': SAND, dark brown, damp, loose, fine to medium grained ' sand, weathered. Bag I @ 2.3': Encountered trace gravel and shell fragments. ' R -I 92.1 4.8 SP @ 3.0': SAND, brown, moist, noticeably gradual density increase with depth, fine grained sand, consolidated. .5': Sam ler refusal, boring terminated. Total depth of boring: 3.5 feet. No groundwater encountered during drilling. 5 Boring backfilled with material generated onsite and tamped. 10 SAMPLE TYPES: TYPE OF TESTS:' S SPLIT SPOON G GRAB SAMPLE DS DIRECT SHEAR CS CORROSION SUITE AL ATTERBERG LIMITS R RING SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY COL COLLAPSE POTENTIALEI EXPANSION INDEX B BULKSAMPLE CN CONSOLIDATION .200200 WASH RV R -VALUE T TUBE SAMPLE SU SULFATECONTENT GEOTECHNICAL BORING LOG HA -2 Date 2-26-08 Project Fernleaf Avenue and Ocean Boulevard Slope Repair Drilling Co. NIA Hole Diameter 3.25 inches Drive Weight N/A Sheet 1 of 1 Project No. 602148-001 Type of Rig Hand Auger Drop Elevation Top of Hole ILocation See Boring Location Map C N ° t w do N^. DESCRIPTION O ;E L m m TJ Z y a v G N C,� 1.s C m� _ F- jN.�.. LL y'a, u. 'O G Ox 0a D Hd UV M O w �J t7 ¢ my n`o _ i5� Logged By CDURVS a ti U y Sampled By CDURVS Disturbed/Weathered Sails: Remolded DS, MD 0': Silty SAND, dark brown, very moist, loose, organic, roots. SM° alive Soils: @ 0.5': SAND with sill, brown, moist, medium grained sand, SP weathered. Bag I @ 2': Silty SAND, brown, moist, noticeably gradual increase in density depth, fine to DS R-1 96.6 5.0 SM with medium gained sand. 3.1': Hand auger refusal. Total depth of boring: 3.1 feet. No groundwater encountered during drilling. Boring backfilled with material generated onsite and limped. 5 10 SAMPLE TYPES: TYPE OF TESTS: S SPLIT SPOON G GRAB SAMPLE DS DIRECT SHEAR CS CORROSION SUITE AL ATTERBERG LIMITS R RING SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY COL COLLAPSE POTENTIALEI EXPANSION INDEX B BULK SAMPLE CN CONSOLIDATION -200 200 WASH RV R -VALUE T TUBESAMPLE SU SULFATECONTENT GEOTECHNICAL BORING LOG HA -3 Date 2-26-08 Project Fernleaf Avenue and Ocean Boulevard Slope Repair Drilling Co. N/A Hole Diameter 3.25 inches Drive Weight N/A Sheet 1 of 1 Project No. 602148-001 Type of Rig Hand Auger Drop Elevation Top of Hole ILocation See Boring Location Map z � vi DESCRIPTION 0 g to N H >LL vLL LoJ 6 _ O X am yad vm O LU 27 Q m m 2 0 o� Logged By CDL/RVS o. 14 S Q. c U U. Sampled By CDL/RVS l'- 0 0-41, T'1; Disturbed/Weathered Soils: Remolded •,',�.� , DS, MD @ 0': Silty SAND, dark brown, very moist, loose, medium grained SM sand. Native Soils: SP @ 0.5': SAND with silt, brown, very moist, loose, medium grained sand, weathered. Bag 1 SM @ 2': Silty SAND, mottled grey brown and Orange brown, moist, noticeably gradual density increase with depth, fine to medium grained sand. SP @ T: SAND, brown, damp, fine grained sand, poorly cemented. 4': Sampler refusal, boring terminated. S Total depth ol'boring: 4 feel. No groundwater encountered during drilling. Boring backfilled with material generated onsite and tamped. 10 SAMPLE TYPES: TYPE OF TESTS: 5 SPLIT SPOON G GRAB SAMPLE DS DIRECT SHEAR CS CORROSION SUITE AL ATTERBERG LIMITS R RING SAMPLE C CORE SAMPLE MO MAXIMUM DENSITY COL COLLAPSE POTENTIALEI EXPANSION INDEX e BULK SAMPLE CN CONSOLIDATION -200 200 WASH RV R -VALUE T TUBESAMPLE SU SULFATE CONTENT GEOTECHNICAL BORING LOG HA -4 Date 2-26-08 Sheet 1 of 1 Project Fernleaf Avenue and Ocean Boulevard Slope Repair Project No. 602148-001 Drilling Co. NIA Type of Rig Hand Auger Hole Diameter 3.25 inches Drive Weight N/A Drop Elevation Top of Hole Location See Boring Location Map ° = DESCRIPTION d >U. OLL i •-' d G K O a �2, OC6 O Ui a n my no w� Logged By CDL/RVS a i o Sampled By CDL/RVS S- Disturbed/Weathered Soils: Remolded DS, MD ® 0': Silty SAND, dark brown, very moist, loose, fine to medium SM grained sand. Native Soils: SM rt 0.5': Silty SAND, brown, moist, loose, fine to medium grained sand, weathered. Bag I SP Q 3': SAND, brown, moist, noticeably gradual density increase with depth, fine to medium grained sand, no sample recovery. 5': Eland au er refusal. 5 Total depth of boring: 5 feet. No groundwater encountered during drilling. ' Bonng backfilled with material generated onsite and tamped. 10 SAMPLE TYPES: TYPE OF TESTS: S SPLrr SPOON G GRABSAMPLE DS DIRECTSHEAR CS CORROSION SUITE AL ATTERBERG LIMITS R RING SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY COL COLLAPSE POTENTIALEI EXPANSION INDEX B BULK SAMPLE CN CONSOLIDATION -200 200 WASH RV R -VALUE T TUBESAMPLE SU SULFATECONTENT GEOTECHNICAL BORING LOG HA -5 Date 2-26-08 Sheet 1 of 1 Project Femleaf Avenue and Ocean Boulevard Slope Repair Project No. 602148-001 Drilling Co. N/A Type of Rig Hand Auger Hole Diameter 3.25 inches Drive Weight N/A Drop Elevation Top of Hole ILocation See Boring Location Map = N 'y yy DESCRIPTION a c� t„ m u Lpr a m � 3c d= jN yd �O �J Z. Q OX pd NN •O C UV O _0LL W OLL c7 Q M my Z 2V .Ul mm, Logged By CDL/RVS 0. 0. Sampled By CDL/RVS 1 0 Disturbed/Weathered Soils: Remolded DS, MD Q 0: Silty SAND, dark brown, very moist, very loose, fine grained SM sand, trace shell fragments. ® 2': Silty SAND, tan brown, very moist, very loose, fine to medium Bag I grained sand. 2.5': Encounter rupture surface. •Q R-1 95.2 4.6 SP ' Below 2.5': Native Soils: SAND, tan brown, damp, noticeably abrupt density increase, fine grained sand. 4.6': Hand anger refusal. 5 Total depth of boring: 4.6 feet. No groundwater encountered during drilling. Boring backfilled with material generated onsite and tamped. 10 — SAMPLE TYPES: TYPE OF TESTS: S SPLITSPOON G GRASSAMPLE DS DIRECTSHEAR CS CORROSION SUITE AL ATTERBERG LIMITS R RING SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY COL COLLAPSE POTENTIALEI EXPANSION INDEX B BULKSAMPLE CN CONSOLIDATION .200 200 WASH. RV R -VALUE T TUBESAMPLE SU SULFATE CONTENT GEOTECHNICAL BORING LOG HA -6 Date 2-26-08 Sheet 1 of 1 Project Femleaf Avenue and Ocean Boulevard Slope Repair Project No. 602148-001 Drilling Co. N/A Type of Rig Hand Auger Hole Diameter 3.25 inches Drive Weight N/A Drop Elevation Top of Hole Location See Boring Location Map H ° •!f Hy DESCRIPTION d �— H W!1 �� jd Wd 12° a oc X ❑a Nd UV O wLL ]LL 0 Q M my no o=i Logged By CDL/RVS a rnN ti U V Sampled By CDL/RVS 0 Disturbed/Weathered Soils: Remolded DS, MD °@ 0': Silty SAND, brown, moist, very loose, fine to medium grained SM sand. SM @ I': Silty SAND, brown, very moist, loose, fine to medium grained sand, minor increase of silt content. Bag I @ 2.5': Encounter rupture surface. R -I 95.0 5.1 SP Below 2.5': Native Soils: SAND with silt, brown, moist, density increase, fine to medium grained sand. R-2 94.3 4.4 5': Hand auger refusal. 5 Total depth of boring: 5 feet. No groundwater encountered during drilling. Boring backfilled with material generated onsite and tamped. 10 SAMPLE TYPES: TYPE OF TESTS: S SPLIT SPOON G GRAB SAMPLE DS DIRECT SHEAR CS CORROSION SUITE AL ATTERBERG LIMITS R RING SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY COL COLLAPSE POTENTIALEI EXPANSION INDEX B BULKSAMPLE CN CONSOLIDATION -200200 WASH RV R -VALUE T TUBE SAMPLE SU SULFATE CONTENT GEOTECHNICAL BORING LOG HA -7 Date 2-26-08 Sheet 1 of 1 Project Fernleaf Avenue and Ocean Boulevard Slope Repair Project No. 602148-001 Drilling Co. N/A Type of Rig Hand Auger Hole Diameter 3.25 inches Drive Weight N/A Drop Elevation Top of Hole Location See Boring Location Map DESCRIPTIONo � m z d3 N — �mw =- wv0 o ELL aD oam ac1 0 Z .0orro=i Logged By CDL/RVS CL to a U Sampled By CDL/RVS 0--1 Disturbed/Wenthered Soils: MD @ 0': Silly SAND, brown, moist, very loose, tine grained sand, lean SM silt content. DS Bag I @ 1.5': Encounter trace well rounded gravel and shell fragments. @ 2.5': Gradual increase of sill and moisture content with depth. R -I 97.1 6.9 SM @ 33: Encounter rupture surface. • Below 35: Native Sods: R-2 96.8 4.6 SP ' SAND, brown, moist, fine to medium grained sand, 5 @ 5.5': SAND with silt, brown, moist, fine to medium grained sand. DS R-3 93.8 3.8 SP Total depth of boring: 8 feet. No groundwater encountered during drilling. Boring backfilled with material generated onsite and tamped. t0 SAMPLE TYPES: TYPE OF TESTS: S SPLIT SPOON G GRAB SAMPLE DS DIRECT SHEAR CS CORROSION SUITE AL ATTERSERG LIMITS R RING SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY COL COLLAPSE POTENTIALEI EXPANSION INDEX B BULKSAMPLE CN CONSOLIDATION -200 200 WASH RV R -VALUE T TUBESAMPLE SU SULFATE CONTENT Boring No. HA -1 HA -5 HA -6 HA -6 HA -7 HA -7 HA -7 Sample No. R-1 R-1 R-1 R-2 R-1 R-2 R-3 Depth (ft.) 2.5 2.5 2.5 4.5 2.5 3.8 5.5 Sample Type Drive Drive Drive Drive Drive Drive Drive Soil Identification Brown silt (ML) / V. LOOSE Brown silty sand (SM) Brown silty sand (SM) Brown silty sand (SM) / V. LOOSE Brown silty sand (SM) Brown silty sand (SM) / V. LOOSE Yellowish brown poorly graded sand (SP)/ LOOSE Pocket Penetrometer tons/ft2) N/A 2.75 1.50 N/A 3.25 N/A N/A Weight Soil + Rings / Tube (g) 481.47 657.04 657.88 488.31 846.52 498.99 808.07 Weight of Rings / Tube (g) 133.20 177.60 177.60 133.20 222.00 133.20 222.00 Average Length (in.) 3.00 4.00 4.00 3.00 5.00 3.00 5.00 Average Diameter (in.) 2.416 2.416 2.416 I 2.416 2.416 2.416 2.416 Wet. Wt. of Soil + Cont. (g) 150.79 209.26 264.38 281.94 286.38 316.20 240.25 Dry Wt. of Soil + Cont. (g) 145.73 201.72 253.49 271.78 270.43 303.89 232.84 Weight of Container (g) 39.22 39.27 38.82 38.88 38.35 38.95 39.11 Container No. Wet Density 96.5 99.6 99.8 98.4 103.8 F101,3 97.4 Moisture Content (%) 4.8 4.6 5.1 4.4 6.9 4.6 3.8 Dry Density (pcf) 92.1 95.2 95.0 94.3 97.1 96.893.8 Degree of Saturation (%) 1 15.4 1 16.3 1 17.7 14.9 25.2 16.9 13.0 Leighton 4 9 MOISTURE & DENSITY of SOILS ASTM D 2216 & ASTM D 2937 Project Name: Fernleaf & Ocean Project No.: 602148-001 Client Name: LCI / Irvine Tested By: S. Falter Date: 03/03/08 M 8 0 HA4 [M HA -7,x15 1.00 0.75 N Y N N 0.50 m 0.25 0.00 li 0 1.00 i I I i N0.75 _......_.. ...i . . -. . Y_ N m 0.50 --. m / t 0.25 0.00 0.1 0.2 Horizontal Deformation (in.) I I I. / 0-1 j. - ..__....' .... rPeak Strength: = 34° , c = 219 psf Ultimate Strength: = 320 , c = 85 psf 0.3 0.00 0.25 0.50 0.75 1.00 1.25 1.50 1.75 2.00 Normal Stress (ksf) Boring No. �"_ Sample No. Bag -1 Depth (ft) 0-5 Sample Type: 90% Remold Soil Identification: Dark brown silty sand (SM) Normal Stress (kip/ft2) 0.250 0.500 1.000 Peak Shear Stress (kip/ft2) ® 0.380 9 0.572 ® 0.895 Shear Stress @ End of Test (ksf) 0 0.242 ❑ 0.393 0 0.707 Deformation Rate (in./min.) 0.0500 0.0500 0.0500 Initial Sample Height (in.) 1.000 1.000 1.000 Diameter (in.) 2.415 2.415 2.415 Initial Moisture Content (%) 9.30 9.30 9.30 Dry Density (pcf) 111.0 111.0 111.0 Saturation (%) 48.5 48.4 I 48.5 Soil Height Before Shearing (in.) 0.9982 0.9943 0.9896 Final Moisture Content % 16.6 16.5 16.3 Leighton I DIRECT SHEAR TEST RESULTS Consolidated Undrained Project No.: 602148-001 Fernleaf & Ocean 1.00 _ 0.75 N Y 0.00 1 I r i I I I I 0 0.1 0.2 0.3 Horizontal Deformation (in.) 1.00 0.75 Y 0.25 am / a -000 L / Peak Strength: = 38° , c = 141 psf "- / "'---' ' " Ultimate Strength: = 31' , c = 76 psf 01 - 0000 0.00 0.25 0.50 0.75 1.00 1.25 1.50 1.75 2.00 Normal Stress (ksf) Boring No. .be d Sample No. _Bag -1 Depth (ft) 0-8 Sample Type: 90% Remold Soil Identification: Dark brown silty sand (SM) Normal Stress (kip/ftz) 0.250 0.500 1.000 _ Peak Shear Stress (kip/ftz) a 0.336 I t9 0.537 ® 0.927 Shear Stress @ End of Test (ksf) o 0.223 0 0.377 0 0.672 Deformation Rate (in./min.) 0.0500 0.0500 0.0500 Initial Sample Height (in.) 1.000 1.000 1.000 Diameter (in.) 2.415 2.415 2.415 Initial Moisture Content (%) 10.16 10.16 10.16 Dry Density (pcf) 110.6 110.7 110.7 Saturation (%) 52.4 52.5 52.5 Soil Height Before Shearing (in.) 0.9985 0.9961 0.9939 Final Moisture Content (%) 1 16.7 1 16.3 1 15.6 ® Project No.: 602148-001 Leighton DIRECT SHEAR TEST RESULTS Fernleaf & Ocean Consolidated Undrained 03 -OB 1.00 _ 0.75 N Y 0.25 0.00 0 1.00 0.75 c s 0.50 rn v L 0.1 0.2 0.3 Horizontal Deformation (in.) i j Peak Strength: ¢ = 350 , c = 84 psf i Ultimate Strength: = 34° , c = 84 psf -I 0.00 } 0.00 0.25 0.50 0.75 1.00 1.25 1.50 1.75 2.00 Normal Stress (ksf) Boring No. HA -2 Sample No. R-1 Depth (ft) 2 Sample Tyne: Drive Soil Identification: Yellowish brown silty sand (SM) Normal Stress (kip/ftz) 0.250 1 0.500 1 1.000 Peak Shear Stress (kip/ftz) ® 0.240 a 0.458 ® 0.770 Shear Stress @ End of Test (ksf) 0 0.240 ❑ 0.446 A 0.758 Deformation Rate (in./min.) 0.0500 0.0500 0.0500 Initial Sample Height (in.) 1.000 1.000 1.000 Diameter (in.) 2.415 2.415 2.415 Initial Moisture Content (%) 5.07 5.07 5.07 Dry Density (pcf) 93.4 96.6 98.7 Saturation (%) 17.0 18.4 19.3 Soil Height Before Shearing (in.) 0.9711 0.9623 0.9369 Final Moisture Content % 19.1 17.5 16.6 Leighton I DIRECT SHEAR TEST RESULTS Consolidated Undrained Project No.: Fernleaf & Ocean 0.75 Y 0.50 c0 0.25 d U) 0.75 0.50 N N N 0.25 0.004- 0.00 .004- 0.00 Boring No. HA -7 Sample No. R-3 Depth (ft) 5.5 Sample Type: Drive Soil Identification: Yellowish brown poorly graded sand (SP) / loose 0.1 0.2 0.3 Horizontal Deformation (in.) 0.25 i.. Peak Strength: = 32 degrees, c = 45 psf - Ultimate Strength: = 31 degrees, c = 26 psf I I � 0.50 0.75 1.00 1.25 1.50 Normal Stress (ksf) Normal Stress (kip/fta) 0.250 i 1.000 Peak Shear Stress (kip/ftz) i 00.361 A 0.672 Shear Stress @ End of Test (ksf) O 0.185 ❑ 0.314 & 0.631 Deformation Rate (in./min.) 0.0500 0.0500 0.0500 / 1.000 1.000 1.000 Diameter (in.) / 2.415 I Initial Moisture Content (%) 3.82 3.82 3.82 Dry Density (pcf) 93.6 93.2 / Saturation (%) 12.9 12.8 14.2 Soil Height Before Shearing (in.) 0.9825 0.9700 0.9777 Final Moisture Content %) 19.9 0.25 i.. Peak Strength: = 32 degrees, c = 45 psf - Ultimate Strength: = 31 degrees, c = 26 psf I I � 0.50 0.75 1.00 1.25 1.50 Normal Stress (ksf) Normal Stress (kip/fta) 0.250 _ 0.500 1.000 Peak Shear Stress (kip/ftz) ® 0.201 00.361 A 0.672 Shear Stress @ End of Test (ksf) O 0.185 ❑ 0.314 & 0.631 Deformation Rate (in./min.) 0.0500 0.0500 0.0500 Initial Sample Height (in.) 1.000 1.000 1.000 Diameter (in.) 2.415 2.415 2.415 Initial Moisture Content (%) 3.82 3.82 3.82 Dry Density (pcf) 93.6 93.2 97.6 Saturation (%) 12.9 12.8 14.2 Soil Height Before Shearing (in.) 0.9825 0.9700 0.9777 Final Moisture Content %) 19.9 18.1 17.0 Leighton I DIRECT SHEAR TEST RESULTS Consolidated Undrained Project No.: Fernleaf & Ocean ® Leighton MODIFIED PROCTOR COMPACTION TEST ASPM D 1557 Project Name: Fernleaf and Ocean Tested By : G. Ber Date: 03/07/08 Project No.: 602148-001 Input By : J. Ward Date: 03/10/08 Boring No.: HA -1, HA -2, HA -3, HA -4 combined Depth (ft.) 0-5 Sample No.: Bag -1 from each 2030.0 i 435.10 Soil Identification: Dark brown silty sand (SM) 393.90 n. Weight of Container (g) 54.50 Moisture Content _%) 6.71 54.30 9.73 Preparation Method: pq Moist BMechanical Ram 134.8 Q Dry Density 119.9 Dry 120.2 Manual Ram Mold : 6 in. (152.4 mm) diameter Mold Volume (ft3) 0.03321 Ram Weight = 10 /b.; Drop = 18 in. Blows per layer: 56 (fifty-six) TEST NO. 1 2 3 4 5 6 Wt. Compacted Soil + Mold (g) 3714.0 3819.0 3816.0 1 Weight of Mold (g) 1786.0 1786.0 1786.0 Net Weight of Soil 1928.0 Wet Weight of Soil + Cont. g) 418.70 2033.0 442.20 2030.0 i 435.10 Dry Weight of Soil + Cont. (g) 395.80 407.80 393.90 n. Weight of Container (g) 54.50 Moisture Content _%) 6.71 54.30 9.73 54.80 12.15 _ Wet Density_ (cf) 128.0 135.0 134.8 Q Dry Density 119.9 123.0 120.2 Maximum Dry Density (pcf) $23.0 I Optimum Moisture Content (%) 9.5 PROCEDURE USED 130.0 ® Procedure A Soil Passing No. 4 (4.75 mm) Sieve Mold: 4 in. (101:6 mm) diameter Layers: 5 (Five) Blows per layer : 25 (twenty -rive) May be used if +#4 is 209/o or less 125.0 ❑ Procedure B Soil Passing 3/8 in. (9.5 mm) Sieve c;:, Mold: 4 in. (101.6 mm) diameter n. Layers: 5 (Five) a Blows per layer : 25 (twenty-five) Use if +fi4 is >20% and +3/8 in. is c 120.0 20% or less Q ❑ Procedure C p Soil Passing 3/4 in. (19.0 mm) Sieve Mold : 6 in. (152.4 mm) diameter Layers: 5 (Five) Blows per layer: 56 (fifty-six) 115.0 Use if +3/8 in. is >20% and +3/4 in. is <30% Particle -Size Distribution: 110.0 Atterber Limits: 0.0 5.0 10.0 15.0 20.0 Moisture Content (%) dr}oor Project Name: Project No.: Boring No.: Sample No. Soil Identification MODIFIED PROCTOR COMPACTION FEST ASTM D 1557 Fernleaf and Ocean Tested By : G. Berdy Date: 03/07/08 602148-001 Input By : J. Ward Date: 03/10/08 HA -5, HA -6, HA -7 combined Depth (ft.) 0-8 Bag -1 from each Dark brown silty sand (SM) Preparation Method: e Moist N Mechanical Ram Dry Manual Ram Mold Volume (ft3) 0.03321 Ram Weight = 10 /b.; Drop = 18 in. TEST NO. 1 2 3 4 5 6 Wt. Compacted Soil + Mold (g) 3742.0 3824.0 3770.0 May be used if +#4 is 20% or less 125.0 Weight of Mold (g) 1786.0 1786.0 1786.0 Mold : 4 in. (101.6 mm) diameter a Layers: 5 (Five) Net Weight of Soil Wet Weight of Soil + Cont._ g) 1956.0 460.20 2038.0 481.70 1984.0 120.0 20% or less 0 535.80 Dry Weight of Soil + Cont. (g) 430.70 442.60 1 480.00 Layers: 5 (Five) Weight of Container (g) 1 54.10 54.10 52.10 Is <30% Particle -Size Distribution: Moisture Content (%) 7.83 10.06 13.04 Wet Density (pct) 129.8 135.3 131.7 Dry Density 120.4 122.9 116.5 Maximum Dry Density (pct) 1 3.0 Optimum Moisture Content (%) 0.0 PROCEDURE USED 130.0 ® Procedure A Soil Passing No. 4 (4.75 mm) Sieve Mold : 4 in. (101.6 mm) diameter Layers : 5 (Five) Blows per layer : 25 (twenty-five) May be used if +#4 is 20% or less 125.0 Procedure B Soil Passing 3/8 in. (9.5 mm) Sieve qz- Mold : 4 in. (101.6 mm) diameter a Layers: 5 (Five) Blows per layer : 25 (twenty-five) Use if +#4 is >20% and +3/8 in. is 120.0 20% or less 0 ❑ Procedure C p Soil Passing 3/4 in. (19.0 mm) Siew Mold: 6 in. (152.4 mm) diameter Layers: 5 (Five) Blows per layer: 56 (fifty-six) 115.0 Use if +3/8 in. Is >20% and +3/4 in. Is <30% Particle -Size Distribution: 110.0 ALterbeLL PL PI 0.0 5.0 10.015.0 20.0 Co Moisture Content (%) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 9/4/12 Dept./Contact Received From: Shari Rooks Date Completed: 9/4/12 Sent to: Shari By: Renee Company/Person required to have certificate: D.J. Scheffler, Inc. Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 3/3/12 to 3/3/13 A. INSURANCE COMPANY: Lexington Insurance Company B. AM BEST RATING (A-: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ®No D, LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/14/12 to 4/14/13 A. INSURANCE COMPANY: American Economy Insurance Company B. AM BEST RATING (A-: VII or greater) A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/1/12 to 1/1/13 A. INSURANCE COMPANY: Commerce R Industry Insurance Company B. AM BEST RATING (A-: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® Yes ❑ No ® Yes ❑ No $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability — Non Admitted Carrier Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ® Yes ❑ No Reason for Risk Management approval/exception/waiver: Need Approval for General Liability because the Insurance Company is a Non Admitted Carrier. Appt'd: n 1 Risk Management * Subject to the terms of the contract Date :ATE CERTIFICATE OF LIABILITY INSURANCE ... IhmvODIYYYY) D08/30/2012 O.i POLICY EFF POLICY NUMBER JhIM)DDIYYYYJ,_(MM/DO/YYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELY AMEND', EXTEND OR ALTER THE COVERAGE AFFORDED BYAHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT- BETWEEN THE ISSUING. i INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, thepolicy(les) must be endorsed. 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 hot "confer' rights'to the certificate holder in. lieu of such endorsement(s).''' .' PRODUCER CONTACT - - sNAME LEGENDS ENVIRONMENTAL INS.SVCS,LLC «PLn ExI � AIC, No "_.__.._ _ ac ND) _ 2165 N GLASSELL STREET ;5,oliaEss ORANGE, CA 92865 I. INSURER(S) AFFORDING COVERAGE NAIC9 _ LICENSE #OC79875 _ _ _ { –� _ µ ._ _ —Ty {INSURERA LEXINGTON INSURANCE CO. AXV 19437 ».,_� A INsuRED INSURER B:, LEXINGTON INSURANCE CO. AXV_ _ 194_37 D.J. SCHEFFLER, INC. { NsuRERCI»COMMERCE & INDUSTRY INSURANCE CO. AXV 19410 2500 POMONA BOULEVARD INSURER o POMONA, CALIFORNIA 91768 INSURERS INSURER F _ _ GENL AGGREGATE LIMIT APPLIES PER • . W1M[a]IEIIll] ird: 11;: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TFIE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER_ DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH. POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR'— iADOL LTR �, TYPE OF INSURANCE SUER INSRR POLICY EFF POLICY NUMBER JhIM)DDIYYYYJ,_(MM/DO/YYYYI _ POLICY EXP LIMITS _ A I1..GENERAL LIABILITY �' Y I' 0'.37205327 103/03/201 _ 03/03/201 EACH OCCURRENCE _� � 5 1,000,000 _ MA'GEE''TOIiENTEb' j X « COMMERCIAL GENERAL LIABILITY { REMISES (Ea occunance) _I S 50,000 co iXJ,OCCUR �' ; Y -ry M MED EXP Anyoneperson) (5 S,O�O_ _{CLAIMSWAOE — p PERSONALBAOV INJURY 15 1,000 000 GENERALAGGREGATE (5 2,000L 0 _ _ _ GENL AGGREGATE LIMIT APPLIES PER f « PRODUCTS 7COMPIOP AGO {S _2,000000 X! PDLICYF X. IECT !' .LOC.—.- �_..._._. _._,— .' �___.._......... _..._.___. .__._.._ _...._I AUTOMOBILE LIABILITY 1 ppOMBINED 5INGL�'L1MiY !. (Ea I fANYAUTO �� I 1 BODILY INJURY (Par person) $ ALL OWNED i SCHEDULED AUTOS. (�BODILY INJURY Por a—a"i—tl_enlJ) HIREDAUTOS AUTOS I _MKOENON-0NMED -RDPERYDA occitlanp _is _AUTOS C j jUMBRELLA LIAB F X occuR �'. 1 { 1015438054 03/03/201203/03/2013 f, � CH OCCURRENCE 5 000 000 I EXCESS LIAB CLAIMS MADE E ' - C AGGREGATE, 15 5 000 OOO 7 I_ DED 'i MPRETENTION 5 I WORKERS COENSATION W t ; ., _ I. _ ^ (WC0999707 Ijf I _ S �-I KCSTATU ^.LTOBv41MILs1 C IANDEMPLOYERS'DABILITY YIN 1 3 101-01-201201-01-2013 Z ANY PROPRIETORIPARTNERIEXECUTIVE jj OFFICEP/M ER EXCLUDED? „Y„J "' NIA « i EACH ACCIDENT _ }a5 ., _1 02Q 111 _...._ E L DISEASE - EA EMPLOYEE, S 1 000,000 (Mandatory In NH) I E i —"'—'"— If yes, describe under i' DESCRIPTION pF OPERATIONS below I iCONTR'S 1';_�- ! Y ! _.,__.___._...._.____...:.,_._..._,,.„.j_.�_._.._,._{, « E.L. DISEASE- POLICY LIMIT) 5 , _71,000,000 I RETRO DATE 4/17/07 A PROF. LIA CLMS MDF1 037205327 3/3112 1 3/3/2013 1,000,000 EA CLAIM B 1 ji) RACTOR,S POLLUTION _ CPO 1971849 F 3/3/11 II 1 3/3/2013 i 1,000,000 POLICY AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aftach ACORD 101, Addldonal Remarks Schedule, If more space Is required) RE: JOB # 12375 CONTRACT NO# 3912, OCEAN BLVD. 8 CHINA COVE RAMP SLOPE MAINTENANCE, NEWPORT BEACH, CA THE CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED 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. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY WITH A WAIVER OF SUBROGATION ON THE GL AND WORKERS COM SEVERABILITY OF INTEREST APPLIES PER POLICY PROVISIONS. `30 DAYS NOTICE OF CANCELLATION'S ' EXCEPT 10 DAYS NOTICE FOR NON -PAY OF PREMIUM v CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. P.O. BOX 1768 NEWPORT BEACH, CA 92658-98915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS-. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 037205327 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -.OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PER S®NI ..®R ORGANIZATION This endorsement modifies insurance provided under the following: , COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE: Name of Person or Organization: THE CITY OF NEWPORT BEACH, IT'S ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS. All Operations of the named insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an in the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2., Exclusions This insurance does not apply to 'bodily inju- ry" or "property damage" occurring after: (1) All work, including materials, .parts or equipment furnished in connection with such work, on the project. (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10,10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 N POLICY NUMBER: 037205327 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 .. . THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE ,READ.IT CAREFULLY. . ADDIT0® AL INSURE® -..O WNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF NEWPORT BEACH, IT'S ELECTED OR. APPOINTED OFFICERS, AGENTS, OFFI- CIALS, EMPLOYEES, AND VOLUNTEERS. Location And Description of Completed Operations: CONTRACT # 3912 OCEAN BLVD. & CHINA COVE RAMP SLOPE MAINTENANCE, NEWPORT BEACH. CA Additional Premium: NIA (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but. only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that. insured and included in the "products -completed operations haz- ard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 RGANIZAYIONIS P1AMED AS 'rhe additional insureds:..,': This insurance is primary over any similar. insurance.aveilable do .this .policy as, ..an :additional insured. . r, is iris insurance. only rf the :'additional ,insured is designated as ari similar, insurance We will not require .contribution of 11imit insurance affor' ed by this;endorsement is:primary.'<.: This . in,surance. is 'excess :over , �ny ,other.validand* c'pllect l !.contingent or.on any other basis, i} it isnot primary as defined All other.terms and conditions of the policy are the same LX9974 (1e/96) 4IJ B Authorized Representative OR Countersignature (In states where applicable) DLIJ Authorized Representative OR Countersignature (In states where applicable) LEXOCC234 (11/03) WC 04 03 06 (Ed. 4.84) Hart Forms & Services Reorder No. 14-2420 ----------- CERTIFICATE OF INSURANCE ISSUEDRTE 08128!2012 PRODUCER Cerin -/0803 THIS CERTIFICATE 15 ISSUED ASA MATTER OF INFORMATION ONLY AND GEORGE L. BROWN INSURANCE AGENCY =CONFERS NO RIGI ITS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1005 CALLS RECODO 'DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE, CA 92673 POLICIES BELOW. 949.361.1400 FAX 940.361.2767 INSIIRf-0 D,J. SCHEFFLER, INC. 2500 W. POMONA BLVD POMONA, CA 91768 COMPANIES AFFORDING COVERAGE ,COMPANY ---- --. - -- I A COMPANY B AMERICAN ECONOMY INSURANCE COMPANY COMPANY C__ i COMPANY --- 'COVERAGES ... ... j THIS IS TO CERTIFY THNI 1'HE POLICIES OF IIIS611AJ CE LISTED UBA.O W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTYII I HSTANDING ANY REQUIREMENT. ) ERIA OR CONDUMN OF ANY CONTRACT OR OTI ISR DOCIJAfENr'ANTH RESPECT 10 WHICH ll IIS CE RTIFICAT F MAY EE ISSUED OR VAY PERTAIN. THE INSURANCE AFFORDED BY TIBC POLICIES DESCRIBED II HURN IS SUBJECT TO ALL TI IE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI I PULICIES. LRIATSSHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTNE POLICY EXPIRATION LT,R, TYPE OF INSURANCE, POLICY NUIMBER , DATE(tX.4T)DJY1] DATE(&AIDWYy) I LIMITS j GENERAL LIABILITY I !GENERAL AGGREGATP ,B COMMERCIAL GENERAL VAOILI'IY 'PRODUCT S.COMPIOP AGO. jS _. IGI Al1.4S MAUC j OCCUR.PERSONALE ADV INJURY S :ON'HER'SBCONTRACTOR5 PROI.. ,. LACH OCCURRENCE i5 'FIRE DAIAGE(Any One Piro) : S • i �MED. EXPENSE(A+y One Pelson) S — jAUTOMOBILE LIABILITY j I COMUINED SINGLE LIMIT 5 1,000.000 I X ANY AUTO 02CE215276-3 APR 14 12 APR 14 13 ALL 04WE0 AUTOS BUOILY INJURY ---II SCHEDULED AUTOS IHIREDAUTOS i(Per Pctsoa)S INJURY I! X NONOIA'NEDAUTOS ! I9001LY S I I(PerA WonD PROPERTY DAMAGE iC GARAGE LIABILITY ' I— ;AUTO ONLY - EAACGIOCIJT —IS ANY AUTO ° 01111. R TI LAIN AUTO ONLY: ' I FACHACCIDENI'-5 I I AGGREGATE'S EXCESS LIABILITY •'EACH OCCURRENCE :e i IUMBRELLAPOMSI. 1AGGRBDA7E OTHER RIANUTABRELLAFORNM WORKER'S COMPENSATION AND( f ? STATUTORY LIMITS L. EMPLOYERS' LIABILITYI IEACHACCIOENT 'S — THE PROPRIETOR! I INCL . DISEASE POLICY UI,IR �.S .PARTNERSIEXECUTM2 __ 1 OFFICERS ARE i EXCL I _ I .DISEASE -EACH EMPLOYEE OTHER I DESCRIPTION OF OPE( TIONSILOCATIONSAtEHICLESISPECIAI ITEMS JOB 1/12375, CONTRACT k3912, OCEAN BLVD. AND CHINA GROVE RAMP SLOPE MAINTENANCE, NEWPORT BEACH,CA CERTIFICATE HOLDER .,. CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TRE _ EXPIRATION'Df TETHEREOF,THLISSVINGCOb7PANYIVIIJ-rIAIL 30 DAYS 3300 NEWPORT BLVD WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P.O, BOX 1768 NEWPORT BEACH, CA 92658-8915 10 -DAY NOT E OF ;L/LIIN LCI FOR NON-PAYMENT OF PREMIUM Rooks, Shari From: Rooks, Shari Sent: Tuesday, September 04, 2012 12:03 PM To: 'rmcraven@alliantinsurance.com' Cc: 'jgordon@alliantinsurance.com' Subject: Insurance carts for D.J. Scheffler, Inc., C-3912 Attachments: 12375 GL & WC COI.pdf; 12375 DJS AUTO COI.pdf Good morning ladies, Can you please review these and let me know how they look? Thanks, Shari Rooks Public Works Specialist I City of Newport Beach 1 3300 Newport Boulevard, Newport Beach, CA 92663 phone: 949-644-3311 1 fax: 949-644-3318 1 EmaiLsrooksC@newportbeachca.gov 1. 12019 Agenda Item No. 8 September 11, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Frank Tran, Associate Civil Engineer APPROVED:�- Ocean Boulevard and China Cove Ramp Slope Maintenance - TITLE: Award of Contract No. 3912 ABSTRACT: Staff has received favorable construction bids for the Ocean Boulevard and China Cove Ramp median slope maintenance project and is requesting City Council's approval to award the construction contract to D. J. Scheffler, Inc. 1. Approve the project drawings and specifications; 2. Award Contract No. 3912 to D.J. Scheffler, Inc., for the total bid price of $391,125.00 and authorize the Mayor and City Clerk to execute the Contract; 3. Establish a contingency of $58,000 (15%) to cover the cost of unforeseen work not included in the original contract; and 4. Approve Budget Amendment No. 13BA-010 transferring $175,000.00 from the Sidewalk, Curb and Gutter Program CIP Account No. 7013-C2001009 to the China Cove Slope Repair Account No. 7014-C8002008. FUNDING REQUIREMENTS: Upon approval of the proposed Budget Amendment, there will be sufficient funding for the award of this contract. Additionally, the Sidewalk, Curb and Gutter General Funds used to complete this slope maintenance project will be back-filled with projected roadway fund savings from other projects once this years concrete replacement project has been defined and the actual funding need identified. Ocean Boulevard and China Cove Slope Maintenance —Award of Contract No. 3912 September 11, 2012 Page 2 The following funds will be expensed: Account Description General Fund General Fund Sewer Fund Proposed uses are as follows: Account Number 7014-C8002008 7012-C2502003 7541-C7001002 Amount $ 277,000.00 $ 187,580.00 $ 11,420.00 Total: 476,000.00 Vendor Purpose Amount D. J. Scheffler, Inc. Construction Contract $ 391,125.00 D. J. Scheffler, Inc. Construction Contingency $ 58,000.00 GMU Geotechnical, Inc. Geotechnical Testing & Inspection $ 25,000.00 Various Printing & Incidentals $ 1,875.00 Total: 476,000.00 DISCUSSION: The easterly side of the median slope between Ocean Boulevard and the China Cove Ramp in Corona Del Mar experienced surface failure in the early 2000's. Since that failure, Municipal Operations staff has routinely covered the slope failure area with plastic liners and sand bags to prevent further erosion during the rainy seasons. To address this slope issue, as well as replace the old irrigation system and refresh the landscaping; Public Works staff began working on improvement plans a couple of years ago. These plans also include the replacement of an existing portion of a 4 inch sewer force main running through the slope that serves the City sewage lift station at the end on Fernleaf. Last year, a portion of the westerly side of the slope experienced surface failure after a rain event. Consequently, the scope of this median maintenance project was expanded to include both sides of the slope on either side of the existing staircase, as well as the sewer force main replacement. The slope surface failures appear to be primarily attributed to the existing overgrown ice plants and the steepness of the slope. This contract involves removing the existing vegetation and other unsuitable loose materials, constructing a soil nailed slope stabilized surface with a sculpted architectural rock finish, replacement of the sewer force main in the slope, and new landscaping and irrigation in the sloped median. A palette of native and/or drought tolerant plants has been selected for replacement planting. Upon completion of this maintenance contract, the entire slope will be permanently stabilized and aesthetically enhanced. Staff has reviewed this project and plant palette with the neighboring residents of China Cove, as well as presented the project to the Corona Del Mar Residents Association and received favorable response to the concept plans. Ocean Boulevard and China Cove Slope Maintenance — Award of Contract No. 3912 September 11, 2012 Page 3 At 10:00 AM on August 22, 2012, the City Clerk opened and read the following bids for this project: BIDDER Low D. J. Scheffler, Inc. 2 DMC Engineering , Inc. 3 JC Baldwin Construction Co. 4 Beador Construction Co. Inc. 5 KASA Construction, Inc. 6 Adams Mallory Construction Co. Inc. 7 Metro Builders and Eng. Group, LTD. TOTAL BID AMOUNT $391,125.00 $419,000.00 $497,100.00 $523,700.00 $559,600.00 $568,680.00 $697,960.00 The low total bid amount is 21.8% below the Engineer's Estimate of $500,000. The low bidder, D.J. Scheffler, Inc., possesses a California State Contractors License Classification "A," and its subcontractor, Treats Landscaping & Maintenance possesses a California State Contractors License Classification "C-27" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies and private developments. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c) (This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive.) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertized in the City's official publication and in construction industry publications. Additionally, several neighborhood meetings and well as a presentation to the CdM Residents Association were conducted to provide review and solicit comments. G �hmifforl her Attachments: A. Location Map B. Budget Amendment l i= J O m D Z W O r m 0 D Z 0 C� 2 nz D (D O N m FZ m r- 0 m m D Z m z D z m C;', ��!n Y m m r- FERNLEAF C3 hd� CARNATION 0 O� 00 D m O O O O z� m z DAHLIA X D m a`S � co < 0 T < o m �� D AVE FERNLEAF �o oda � GOLDENROD 0 m D Z D m o � v2 rz m Ooeon Bile and Chino Co.e Famo Slope HELIOTROPE Mpp.Ewa 06/23/12 — 9:26am �- L. {� � � �. �. 1 City of Newport Beach BUDGET AMENDMENT 2012-13 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 13BA-010 AMOUNT: $17s,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance fX1 No effect on Budgetary Fund Balance To transfer expenditure appropriations from the Sidewalk, Curb, Gutter Replacement account to the China Cove Slope Repairs account for the China Cove Ramp median slope maintenance project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Division Number 7013 Street Account Number C2001009 Sidewalk/Curb/Gutter & ADA Division Number 7014 Misc & Studies Account Number C8002008 China Cove Slope Repairs Division Number Account Number Division Number Account Number Signed: V Signed: Finance Director Approval: City Manager Amount Debit $175,000.00 Automatic Credit $175,000.00 Date 11�k Date Signed: City Council Approval: City Clerk Date