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Home My WebLink AboutC-3778(A) - Buck Gully Wetlands and Maintenance Road Repairs at 5th Street0 f CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC August 12, 2009 McKenna General Contracting 1335 Corona Pointe Court Corona, CA 92879 Subject: Buck Gully Wetlands (C -3778) To Whom It May Concern: On August 12, 2008, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on September 23, 2008. The Surety for the contract is SureTec Insurance Company, and the bond number is 4358565. Enclosed is the Faithful Performance Bond. Sincere iQ M�C City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • ORIGINAL ISSUED IN FOUR ORIGINAL COUNTERPARTS COUNTERPART NO. I OF " CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 BOND NO. 435S'A5 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,966.00 being at the rate of $ 14.40 WHEREAS, the City Council of the City of Newport adopted, awarded to McKenna General Engineering, 'Principal', a contract for construction of BUCK GULLY thousand of the Contract price, Beach, State of California, by motion nc., hereinafter designated as the WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET, Contract No. 3778 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. 3778 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SureTec Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED FOURTY -FOUR THOUSAND, EIGHT HUNDRED TWENTY -THREE DOLLARS AND 00/100 ($344,823.60) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and _performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 23rd day of July 2007. Mc & AA0IIr- McKENNA GENERAL ENGINEERING, INC. (Principal) SureTec Insurance Company Name of Surety 3033 Sth Ave., Suite 300 San Diego CA 92103 Address of Surety (6191 400 - 4106 Telephone Authorized Signaturefitle Agent Signature Julia B. Leonard, Attorney In fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 0 ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of flt QIVJ /Oc _______ ____ _ On �211t�3 a�� before me. _ RAI/1i ct Lts — .d��o _ personally appeared r 1 m M c— tt&ur49 )�GNHlI51 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) -whose name isMm subscribed to the within instrument and acknowledged to me that he /shehhey executed the same in his /her>`t- r authorized capacity(its+, and that by his /hcrhheiK signatures(s -on the instrument the personk*: or the entity upon behalf of which the person(* - acted, executed the instrument. seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER p PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: SAME. Of PUASONISI OR FMITYIIES, TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT (YfHER k4 L RIGHT THUMBPRINT OF $ SIGNER S APA 5199 VAII.F:Y- SIFTRA, SEED 162 -3369 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of On RIVERSIDE _ JUL 2 3 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and TNe of Officer (e g . -Jane Doe. Notary Pubic-) personally appeared JULIA B. LEONARD Names) of Spgner(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon MI H L M. �UALLS behalf of which the person(s) acted, executed the instrument COMM. X1704204 NOTMY WBLIC C/�LIfORNIA N RNERSIDE COUNTY WITNESS my hand and official seal. Mr Comm E�res Nor fl, 2070 � Clnnalllro N NNa,v F A,Ir – - -- - -- OPTIONAL---- _�� —� —__ Through the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD 1132 09 G0 ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: OWN Tn, —o nee Signer Is Representing: r� ISSUED IN FOUR ORIPINAL COUIjITERPARTS FGA N: 510018 COUNTERPART NO. L OF Lf BOND N0. 4358565 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These NesenN, that SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Kenneth A. Coate, Julia B. Leonard of Riverside, CA its true and lawful Attomcy(s )-in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as dilly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Anomey(s }in -Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be a Resolved, that the President, any Vice.Prewilcm., any Assistant Vice - President env Secretary or any Assistant Secretary shalt be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomcy(s).in -Feet to represent and act for and on behalf of the Company subject to the following provisions: Arlorney-in -Fwt may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomcy -in -Fact shall be binding upon the Company as if signet by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certtrrc au: relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted of a meeting held on 20e' of April. 1999) fn WIMM fterml,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. O�NCF EC �ISURANCB COMPANY By: BJ.ICI We t State of Texas no County of Harris R On this 20th day of June, A.D. 2005 before me personally tune B.I. King, to me known, who, being by me duly swore did depose and say, that be resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle De," N 0 = .�1,1"'''" lltobakxat • frttiylCU2• �Cyl,�'1� - • ,�a or+ W Commission EVI es MfeLdle Denny, Notary N- c AIjUS127, 2008 My commission expires August 27, 2008 1, M. Brent Bury, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is awe and correct copy of a Power of Attorney, czecuted by said Company, which is still in full force and effect; mad fortbermoM the resolutions of the Board of Directors, set out in the 1'uwcr of Attomcy are in full fora and effect. Given under my hand and the seal of said Company at Houston, Texas this _ 23rd dry 4B. 20 01 , A.D. Br sistaat Sec tary Any Instrument issued in excess of the penalty slated aboca tv totally vol^ And without any validity. For verification of the authority of this power you may call (71 So 412 -0800 any business day between 8:00 am and 5:00 pen CST. 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK IaVonne M. Harkless. MMC September 23, 20(18 McKenna General Contracting 1335 Corona Pointe Court Corona, CA 92879 Subject: Buck Gully Wetlands (C -3778) To Whom It May Concern: On August 12, 2(X)8, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 19, 2008, Reference No. 20080(X)393736. The Surety for the contract is SureTec Insurance Company and the bond number is 4358565. Enclosed is the Labor & Materials Payment Bond. Sincerely, r LaVonne M. Harkless, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 ISSUED IN FOUR ORIGINAL COUNTERPARTS COUNTERPART NO. f OF -_ PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 BOND NO. 43s-5s5 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to McKenna General Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET, Contract No. 3778 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, ail of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3778 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, SureTec Insurance Company duly authorized to transact business under the laws of the Slate of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED FOURTY- FOUR THOUSAND, EIGHT HUNDRED TWENTY -THREE DOLLARS AND 00/100 ($344,823.60) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. �r, 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 23rd day of July , 2007. T-I e& Ac KeF�u&(*, McKENNA GENERAL ENGINEERING, INC. (Principal) SureTec Insurance Company Name of Surety 3033 5th Ave., Suite 300 San Diego CA 92103 Address of Surety (619) 400 - 4106 Telephone W� Authorized Signature/Title tho ed Agent Signature Julia B. Leonard, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of J RIVE_ On before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and T41e of Officer (e g -Jane Dce. Notary Puck) personally appeared JULIA B. LEONARD Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shetthey executed the same in MICHEL M. QUALLS his/her /their authorized capacity(tes), and that by his /her /their t/ Tom M. #1704204 n signature(s) on the instrument the person(s), or the entity upon CY1h - NOTARY PUBLIC CA11rORNIA N RNERSIDE COUNTY p behalf of which the person(s) acted, executed the instrument. My Comm Eryrtes NOV " 20,0 C WITNESS my hand and official seal. Signature of Notary Pubic _— _...______ OPTIONAL-----._.._.�.� —� Though the in formation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. ❑ Individual ❑ Corporate Officer ❑ Titles(s) : _ ❑ Partner - ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing BD 1133 C91., he ,e Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 G -311 $ CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 May 13, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Luy 949 -644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: Buck Gully Wetlands and Maintenance Road Repairs at 5"' Street - Contract No. 3778 — Authorize an Increase in Contract Contingency Recommendations: Approve a Budget Amendment appropriating $47,500 from the unappropriated General Fund to the Buck Gully Wetlands and Maintenance Road Repairs Project, Account No. 7014- C5100659 to increase the contingency from 10 percent ($34,500) to 24 percent ($82,000) to cover unanticipated additional costs for this project. Discussion: On July 24, 2007, City Council awarded the Buck Gully Wetlands and Maintenance Road Repairs at 5�h Street Project to McKenna General Engineering, Inc., at a contract price of $344,823.60 and approved a contingency of $34,500. Due to several unforeseen conditions, as well as weather related damage during construction, the final cost for this project will exceed the previously authorized contingency. This project entails the reconstruction of the maintenance road crossing Buck Gully Creek that is utilized by the City's Utilities Department to access water main facilities. This project also includes design features to stabilize the streambed which has experienced down - cutting that could threaten to undermine the new creek crossing or possibly destabilize the canyon banks. As concrete -lined channels are no longer the preferred alternative by the jurisdictional agencies, stabilization of the streambed is being accomplished using different types of gabions (wire baskets filled with rock or soil) that are then tied together forming a continuous structural element. This environmentally - friendly building method has been viewed more favorably by the permitting agencies since the City's successful Morning Canyon stabilization project. Several unforeseen conditions during construction have now increased anticipated project costs. While a portion of the cost increase can be attributed to the unusual nature and unknowns associated with the project design, the greatest difficulty and related cost increases are associated with having to construct improvements within the streambed during the rain season. The breeding season for the gnat catcher and other protected species dictated that construction could not commence until late August. While this past year was forecast to be a drier El Nino year, a series of rain storms struck Newport Coast not only delaying construction activities, but damaging formwork or other adversely impacting construction elements in the process of being constructed. • Buck Gully Wetlands and Matntee Road Repairs —Contract No. 3778 Authorize an Increase in Contract contingency May 13, 2008 Page: 2 The silver lining is that we have had frequent 'water- tests' of this innovative design and so have had an opportunity to identify and correct design weaknesses by installing 96 additional gabions. The total projected construction cost for this project based on adverse weather conditions and associated runoff damage, as well as the addition of reinforcing gabions, is projected to be $426,823.60 which will be approximately 24% higher than the contract award of $344,823.60. The irrigation and planting of native California wetland and upland plant species has been completed and the 120 -day plant establishment maintenance period is in progress with an estimated July 7, 2008 completion date. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities for Maintenance Road and Section 15333, Class 33 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the restoration of small habitat and allows for the stabilization of stream banks with native vegetation and bio- engineering techniques to eliminate erosion and sedimentation. Funding Availability: Upon approval of the recommended Budget Amendment, funds will be available in the following account for completion of the Buck Gully Wetlands and Maintenance Road Repairs Project. Account Description Buck Gully Wetlands and Maintenance Road Repairs Project Prep d by: Steve 1-6y, P.E. Associate Civil Engineer Attachment: Budget Amendment Account Number Amount 7014- C5100659 $ $47,500 Total: $ $47,500 Submitted b e ,pPil. Badum ubli Works Director i Wy of Newport Beac� NO. BA- 08BA -069 BUDGET AMENDMENT 2007 -08 AMOUNT: $a7,soo.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Iq Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues HX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund fund balance to increase the contingency for the Buck Gully Wetlands and Maintenance Road Repairs at 5th Street. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: City Manager Amount Debit Credit $47,500.00 * Automatic $47,500.00 5 -6 -08 Date Signed: City Council Approval: City Clerk Date Description Division Number 7014 General Fund Capital - Miscellaneous Account Number C5100659 Buck Gully Restoration Division Number Account Number Division Number Account Number Division Number Account Number Signed:�o Financial Approval: Administr4ye Services Director Signed: City Manager Amount Debit Credit $47,500.00 * Automatic $47,500.00 5 -6 -08 Date Signed: City Council Approval: City Clerk Date r • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C_ 3M 03/100_ W Agenda Item No. 9_ February 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Luy 949 -644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5T" STREET - CONTRACT NO. 3778 — AUTHORIZE AN INCREASE IN CONTRACT CONTINGENCY RECOMMENDATIONS: Increase the project contingency from an amount of $34,500 to $86,000 to cover unanticipated additional costs for this project. 2. Approve a budget amendment transferring $25,000 of cost savings from the Citywide Street and Storm Drain Improvements Project (General Fund Account No. 7013- C5100019) and $26,500 from Bay Avenue Drainage Project (General Fund Account No. 7012- C5100829) to the Buck Gully Wetlands and Maintenance Road Repairs Project (Account No. 7014- C5100659). DISCUSSION: On July 24, 2007, City Council awarded the Buck Gully Wetlands and Maintenance Road Repairs at 5`h Street Project to McKenna General Engineering, Inc, at a contract price of $344,823.60 and approved a contingency of $34,500. Due to several unforeseen conditions as well as weather related damage during construction, the final cost for this project is expected to exceed the previously authorized contingency. This project entails the reconstruction of the maintenance road crossing Buck Gully Creek that is utilized by the City's Utilities Department to access water main facilities. This project also includes a design feature to stabilize the streambed which has experienced down - cutting that could threaten to undermine the new creek crossing or possibly destabilize the canyon banks. As concrete -lined channels are no longer the preferred alternative by the jurisdictional agencies, stabilization of the streambed is being accomplished using different types of gabions (wire baskets filled with rock or soil) that are then tied together forming a continuous structural element. This environmentally - friendly building method has been viewed more favorably by the permitting agencies since the City's successful Morning Canyon stabilization project. Buck Gully Wetlands and Maintenance Road Repairs - Contract No. 3778 Authorize an Increase in Contract Contingency February 12, 2008 Page: 2 Several unforeseen conditions during construction have now increased the costs for this project higher than anticipated. While a portion of the cost increase can be attributed to the unusual nature and unknowns associated with the project design, the greatest difficulty and related cost increases are associated with having to construct improvements within the streambed during the rainy season. The breeding season for the gnat catcher and other protected species dictated that construction could not commence until late August. While this was supposed to be another El Nino year, we have now experienced a series of rain storms that have not only delayed construction activities, but have impacted or damaged formwork or construction elements that were in the process of being completed. The silver lining is that we have had frequent'water- tests' of this innovative design and so have had an opportunity to identify and correct design weaknesses by installing 96 additional gabions. The total construction cost for this project based on weather, runoff damage and additional necessary gabions is now projected to be $431,000 which will be approximately 25% higher than the contract award of $344,823.60. The road repair and streambed stabilization tasks are expected to be completed by the end of January. The irrigation and planting of native California wetland and upland plant species are expected to be completed by the end of February, at which time the 120 - day plant establishment maintenance period would commence. Funding Availability: Cost savings were realized upon completion of both the Citywide Street and Storm Drain Improvement Project and Bay Avenue Drainage Project. Upon approval of the recommended Budget Amendment to transfer monies from these completed projects, sufficient funds will be available in the following account for completion of the Buck Gully Wetlands and Maintenance Road Repairs Project: Account Description General Fund Prepared by: Steve iy, P.E. Associate Civil Engineer Attachment: Budget Amendment Account Number 7014- C5100659 Total: Amount $ $51,500 $ $51,500 Submitted by: 9 to en G. Badum - public Works Director Crla of Newport Beach BUDGET AMENDMENT 2007 -08 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- OBBA -046 AMOUNT: $51,500.00 qIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To transfer expenditure appropriations from the Citywide Street and Storm Drain Improvement Project and the Bay Avenue Drainage Project to the Buck Gully Wetlands and Maintenance Road Repair Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number 7013 Account Number C5100019 Division Number 7012 Account Number C5100829 Division Number 7014 Account Number C5100659 Division Number Account Number Division Number Account Number Signed: Signed: Approval: Admi Description Description Description General Fund - Street Projects Street, Bikeway, & Parking Lot Striping General Fund - Drainage Projects Bay Avenue Drainage /Street Repair General Fund - Miscellaneous & Studies Buck Gully Restoration Services Director Administrative Approval: City Manager Amount Debit Credit F $25,000.00 $26,500.00 $51,500.00 Date Date Signed: City Council Approval: City Clerk Date • • 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 11:00 A.M. on the 12th day of July, 2007, at which time such bids shall be opened and read for BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET Title of Project Contract No. 3778 $250,000.00 Engineer's Estimate by fephen G. Badum blic Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE httn:/1vvvvw.citv.nemort- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidder may obtain one set of bid documents for $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luy, Project Mana-ger at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The 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. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive. any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 0 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at 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. �y 206Y - R Contractor's License No. & Classification Signature/Title Date /&_V&re,t&.n� j 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 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 (10%) of the total bid amount Dollars ($ ------------ - - - - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET, Contract No. 3778 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance cerdflcates 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 6th day 01 McKenna General Engineering, Inc. Name of Contractor (Principal) Sure'rec Insurance Company Name of Surety 3033 5th Ave., Suite 300 San Diego CA 92103 Address of Surety (619) 400 - 4106 Telephone Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) E ALL PURPOSE ACKNOWLEDGEMENT 0 State of California County of Riverside On July 12, 2007 before me, Yadira Bonilla - Notary Public, personally appeared Ham Kazerooni x❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that YADIRA BONILLA by his signature on the instrument the COMM. # 1703214 NOTARY PUBLIC - CALIfORNIA� person, or the entity upon behalf of which Z Ry RIVERSIDE COUNTY the person acted, executed the instrument. Comm. Expires Nov. 5, 2010 WITNESS my hand and official seal. (PLACE NOTARY SEAL ABOVE) OT YS SI TURE ------------------------------------------------------------------- ------ -- -------- - - ---- OPTIONAL INFORMATION Capacity Claimed By Signer Description Of Attached Document ❑ Individual Corporate Officer Vice President. McKenna General Engineering, Inc. Me wType of F 01 wt T TLE ❑ Partner(s) ❑ Attorney -in -Fact Dale of DO em ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other; Number M Pages CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On JUL 0 6 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Dc personally appeared JULIA B. LEONARD Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose W;NOTARY M. #1704204 LIF VERS 0t CCUNTVIA m. Ezpiros Nov. 11, 2010 name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ------------------------------ OPTIONAL --- -_----------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09100 here Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: POA #: 510018 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presems make, constitute and appoint Kenneth A. Coate, Julia B. Leonard of Riverside, CA lts true and lawful Attomey(s),in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or .other instruments of contracts of shuetyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as filly and to the same extent as if such bonds were signed by thcPresident, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s )-in -Fact may do in the premises. Said appointment shall continue in force until 10/51/08 and is made under and. by authority of the following resolutions of the Board of Directors of the $ureTec Insurance Company: Be it Rasoived that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assisant Secretary shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Auorney-in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bands, recognizances, contracts, agreements or indemnity, and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability therepnder, and any such instruments so executed by.ariy such Attamcy -irn -Fact shall be binding upon the Company as if signed by the President andsealed amtafl'ected by the Corporate Secretary. Be it Resolved That the signature of any authorized officer and seal ofthe Company hcretufore or hereafter affuted to any Pow" of attomaY er any =hficate relating thereto by facsimile, and airy power of aatomey m cgrtificSie bearing fhcsiatiie signature or facsimile seal slmit be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e ojApri( 1999) in Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. VM4NCg COMPANY B . y state of Texas County of Harris On this 20th day of June, A.D. 2005 before me personally Came B.I. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Heusum, Texas, that be is President of SURETEC INSURANCE COMPANY, the company dogaribed in and which executed the above Instrument; that he knows the seal of said.Compazty; that the seal affixed to said instrument is mob corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his mane thereto by like order. heIleDenny Notary W* VVColnMk' t"a Mern e billaDenny,Notary Iic hg W 27, 2008 My commission expires August 27, 2008 1, ht. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify thatdte above mul.furegoing is anue and corruX copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and fii4bermore, the resohitions.of the Board of Directors, set out in the Power of Attorney are in fall force and effect Given under my hand and the seal of said Company at Houston, Texas this 6th day lu 20_q,_ .A.D. Brent 13ea > nt ry Any Instrument Issued In excess of the penalty stated abcws is totally void and without say validity. For verification of the authority, of this power you may tali ;!4.8a 812.4980 any business day betwreen &00 am and 5:80 pm CST. Best's Rating Center - CompaWformation for SureTec Insurance CoWy Rating Center Rating Methodology Industry Research Ratings Defritlorls Search Beetb Ratings Press Releases Related Products 1 Industry 8 Regional Country Rlsu Now to Oel Rated View Ratings: Financial Strength Issuer Credit Securities Advanced ear h SureTec Insurance Company A.M.Best #:12227 NAIL 0:10916 FEIN #:760566746 Address: 952 Echo Lane, Suite 450 Phone: 713 -812 -0800 Houston, TX 77024 Fax: 713 -812 -0406 Web: www.suretec._c_om Best's Ratings Financial Strength Ratings View Definitions Rating: A- (Excellent) Financial Size Category: VI ($25 Million to $50 Million) Outlook: Stable Action: Affirmed Effective Date: January 12, 2007 * Denotes Under Review Best's Ratinqs Page 1 of 2 Other Web Centers: l' Assigned to conoanias Olaf nave. n our opinion, an excellent ability to rtes their ongoing obligations to policyholders. 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US & Canada Best's Statement File - PIC, US Best's Statement File - Global Best's Insurance Reports - PIC, US & Canada Best's State Line_ PIC US Best's Insurance Expense Exhibit_ I( EE)._PIC, US Best's State /Line (Combined Lines) - PIC, US Best's State Line - Property I Casualty - Single State Best's SchWuIq.P-(L9ss Reserves) - PIC, US Cutitanner Service I Product Support I Member Center i Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright ® 2007 A.M. Best Company, Inc. All rights reserved. http:// www3 .ambest.com/ratings /FullProfile .asp ?B]= 0 &AMBNum= 12227 &A1tSrc =1 &A... 07/16/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT STH STREET CONTRACT NO. 3778 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Soecifications 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) Subcontractors Information Bid Item Description of Work %of Number Total Bid Name: w-t— SYiltuc.T V.Gu As ff/i Vf /461" L 64&ad /Z Address: //!?dp 5rLt1E$Rq ^allj G' /y AwAks# 4(morgcc avilr 3 C&4~4, CA 9288 r /S .6W8// ��K 6" CA" �1 T Phone: t!967) $71- RIZ /W �f � /�/il* � 3 State License Number. �qv - . Name: 1T*7- 44- riJ i mie.. Z/ /iBC1 S Address: 2,047 44*ZwUr RAGG ZZ /� euernwlt. Ps4*J7 L �3 23 eWe 6Auoa/ s.'ac.4c 3 E�arNeran, c.q ?ao?�1 Phone: 2� HyraeoSE,�� G State License Number: 07Z6110 Name: M; t"I> cd.c / &oiG Cc� _+! A�� Address: 4*q) �i 1 '-1-Vft bolts,ef, Phone: State License Number: ' .., .JAI � {► .1.'. • rr 4�' . 1. Il r.. AuTho d Signa nature/Tftle 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description ,-�OCI tl Approximate Construction Dates: From To: ( (n Agency Name Contact Person a"�nj�. �4A i d iii,` S Telephone (9u� `S 49 l -792`[ Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome.of claims. 0 0 No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From To:_ Agency Name Contact Person Telephone Original Contract Amount $ Final Contract Amount $_ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 4 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. '6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder u z Signature/Title 10 0 0 Work History Owner /General Contractor Ledesma & Meyer Owner /General Contractor Contact Project Name Description Start Date Total Amount Owner /General Contractor Contact Project Name Description Start Date Total Amount Wadman Corporation 2920 South 925 West Ogden, Utah 84402 Phillip Dawson (801) 532 -4088 Wal -Mart #5335, Brawley, CA Commercial January 2007 $2,989,636 J McLoughlin Engineering, Inc. 10722 Arrow Rte. Suite 716 Rancho Cucamonga, CA 91730 Steve Van Dom, (909)944 -1037 NB I -15 Foothill Off Ramp Roadwork January 2007 $309,636 Owner /General Contractor 9441 Haven Ave. Contact Rancho Cucamonga, CA 9730 Contact Jeff Carter (909) 873 -9426 Project Name Rialto School #18 Description Elementary School Start Date January 2007 Total Amount $1,409,000 Owner /General Contractor Contact Project Name Description Start Date Total Amount Owner /General Contractor Contact Project Name Description Start Date Total Amount Wadman Corporation 2920 South 925 West Ogden, Utah 84402 Phillip Dawson (801) 532 -4088 Wal -Mart #5335, Brawley, CA Commercial January 2007 $2,989,636 J McLoughlin Engineering, Inc. 10722 Arrow Rte. Suite 716 Rancho Cucamonga, CA 91730 Steve Van Dom, (909)944 -1037 NB I -15 Foothill Off Ramp Roadwork January 2007 $309,636 Owner /General Contractor County of San Bernardino Contact 825 E. Third Street Project Name San Bernardino, CA 92415 Contact John Burrows (909) 387 -7924 Project Name CML -5954 (067) Mesquite Street Description Roadwork Start Date 2006 Total Amount $955,338 Owner /General Contractor County of Riverside, Department of Transportation 4080 Lemon Ave Riverside, CA 92501 Contact George Boyden, (951) 955 -6772 Project Name San Jacinto /Old Elsinore Rd Expansion Description Road Work Start Date November 2006 Total Amount $1,360,867 0 Work History Owner /General Contractor City of Corona u Owner /General Contractor Neff Construction 1701 South Bon View Ave., # 104 Ontario, CA 91761 Contact Jim Lewis (909) 947 -3768 Project Name Menifee Elementary Scholl #8 Description Elementary School Start Date January 2007 Total Amount $478,000 Owner /General Contractor Inland Empire Utilities Agency 6075 Kimball Avenue, Building B Chino, CA 91710 Contact David Mendez (909) 993 -1600 Project Name RP -5 Cut & Fill Activities — Kimball Avenue Description Property Development Start Date October 2006 Total Amount $1,999,528 Owner /General Contractor Shea Homes 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 Contact Pat Potts (951) 739 -9718 Project Name Avonlea (Eastvale), Mira Loma Description Rough Grading Start Date 2006 Total Amount $3,232,504 2 400 South Vicentia Ave Contact Corona, CA 92882 Contact Donald Williams, (951) 736 -2232 Project Name City of Corona Corporation Yard Description Rough Grading Drainage Walls Start Date November 2006 Total Amount $599,000 Owner /General Contractor City of Temecula P.O. Box 9033 Owner /General Contractor Neff Construction 1701 South Bon View Ave., # 104 Ontario, CA 91761 Contact Jim Lewis (909) 947 -3768 Project Name Menifee Elementary Scholl #8 Description Elementary School Start Date January 2007 Total Amount $478,000 Owner /General Contractor Inland Empire Utilities Agency 6075 Kimball Avenue, Building B Chino, CA 91710 Contact David Mendez (909) 993 -1600 Project Name RP -5 Cut & Fill Activities — Kimball Avenue Description Property Development Start Date October 2006 Total Amount $1,999,528 Owner /General Contractor Shea Homes 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 Contact Pat Potts (951) 739 -9718 Project Name Avonlea (Eastvale), Mira Loma Description Rough Grading Start Date 2006 Total Amount $3,232,504 2 Temecula, CA 92589 Contact Laura Bragg (951) 694 -6411 Project Name PW00 -09 Pauba Road Improvements, Phase II Description Street Improvements Start Date November 2006 Total Amount $1,495.697 Owner /General Contractor Neff Construction 1701 South Bon View Ave., # 104 Ontario, CA 91761 Contact Jim Lewis (909) 947 -3768 Project Name Menifee Elementary Scholl #8 Description Elementary School Start Date January 2007 Total Amount $478,000 Owner /General Contractor Inland Empire Utilities Agency 6075 Kimball Avenue, Building B Chino, CA 91710 Contact David Mendez (909) 993 -1600 Project Name RP -5 Cut & Fill Activities — Kimball Avenue Description Property Development Start Date October 2006 Total Amount $1,999,528 Owner /General Contractor Shea Homes 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 Contact Pat Potts (951) 739 -9718 Project Name Avonlea (Eastvale), Mira Loma Description Rough Grading Start Date 2006 Total Amount $3,232,504 2 0 Work History 0 Owner /General Contractor John Laing Homes 255 E. Rincon Street, Suite 100 Corona, CA 92879 Contact Tim Jones (951) 272 -5100 Project Name Knightsbridge, Steeplechase III, Norco- 400 homes Description Residential Grading and Paving Start Date 2004 Total Amount $2,051,935 Owner /General Contractor KB Homes 801 Corporate Center Drive, Suite 201 Pomona, CA 91768 Contact Gary McCoy (909) 618 -1455 Project Name Amberhill, Norco- 320 Homes Description Residential Grading Start Date 2005 Total Amount $1,690,583 Owner /General Contractor John Laing Homes 255 E. Rincon Street, Suite 100 Corona, CA 92879 Contact Tim Jones (951) 272 -5100 Project Name Hilltop, San Berardino -200 homes Description Residential Grading Start Date 2005 Total Amount $1,202,617 Owner /General Contractor John Laing Homes 255 E. Rincon Street, Suite 100 Corona, CA 92879 Contact Tim Jones (951) 272 -5100 Project Name Main Street @ Route 66, Rancho Cucamonga -134 homes Description Residential Grading for Town homes and Condominiums Start Date 2004 Total Amount $788,975 Owner /General Contractor Contact Project Name Description Start Date Total Amount Lennar Homes 391 N. Main Street, Suite 301 Corona, CA 92880 Brett Hood (951) 817 -3629 Harveston, Temecula -350 Homes Residential Grading 2005 $854,855 0 9 Work History Owner /General Contractor KB Homes 801 Corporate Center Drive, Suite 201 Contact Pomona, CA 91768 Contact Gary McCoy (909) 618 -14455 Project Name Victory, Victorville 95 Homes Description Residential Grading Start Date 2005 Total Amount $684,174 Owner /General Contractor KB Homes 801 Corporate Center Drive, Suite 201 Contact Pomona, CA 91768 Contact Gary McCoy (909) 618 -1455 Project Name Saratoga, Victorville 179 Homes Description Residential Grading Start Date 2005 Total Amount $827,839 Owner /General Contractor Shea Homes 1250 Corona Pointe Court, Suite 600 Contact Corona, CA 92879 Contact Michael O'Melveny (951) 739 -9717 Project Name San Jacinto - 300 Homes Description Residential Grading Start Date 2005 Total Amount $823,503 Owner /General Contractor Ryland Homes Inland Empire Division Owner /General Contractor John Laing Homes 255 E. Rincon Street, Suite 100 Corona, CA 92879 Contact Tim Jones (951) 272 -5100 Project Name Apple Farm — Kimball & Grove, Chino Description Demolition Start Date 2006 Total Amount $247,073 4 1250 Corona Pointe Court, Suite 100 Corona, Ca. 92879 Contact Jason Jones (951) 273 -3473 Project Name Hampton Roads — 48 Homes Description Residential Grading Start Date 2006 Total Amount $369,800 Owner /General Contractor John Laing Homes 255 E. Rincon Street, Suite 100 Corona, CA 92879 Contact Tim Jones (951) 272 -5100 Project Name Apple Farm — Kimball & Grove, Chino Description Demolition Start Date 2006 Total Amount $247,073 4 • • Work History Owner /General Contractor Taylor Woodrow Homes 15 Cushing Contact Irvine, CA 92618 -4200 Contact Brandon Littlejohn (949) 341 -1258 Project Name Bellafma— Holt Blvd. & San Antonio Description Rough Grading Start Date 2006 Total Amount $126,961 Owner /General Contractor University Park, LLC Owner /General Contractor 101 Main Street, Suite A Seal Beach, CA 90740 Contact Chuck Diamond (714) 904 -8019 Project Name University Park Tract 16509 Description Hillside Rough Grading Start Date November 2006 Total Amount $560,485 Owner /General Contractor John Laing Homes 255 E. Rincon Street, Suite 100 Contact Corona, CA 92879 Contact Tim Jones (951) 272 -5100 Project Name Kona Road 1I — French Valley Description Site Improvements Start Date 2006 Total Amount $610,517 Owner /General Contractor SunCal Wash, Montclair 42960 Golf Center Parkway Indio, CA 92202 Contact Tony Or-chino (760) 775 -6373 Project Name Terra Lago, Indio - 704 Homes Description Residential Grading Start Date 2005 Total Amount $3,419,168 Owner /General Contractor K. Hovnanian Forecast Homes 4240 E. Jurupa Street, Suite 402 Ontario, CA 91761 Contact Joy Lopez (909) 942 -5888 Project Name Coachella 150, Coachella Description Grading Start Date 2006 Total Amount $988,577 Wash, Montclair • • Ted Oliver (951) 845 -1179 home & fax Or (951) 317 -3960 cell 1643 Vasili Lane Beaumont, CA. 92223 Goal: A position as a Superintendent or as a Foreman with opportunities for advancement in Public Works or Grading. Experience: I have faithfully served the last nine years at All American Asphalt, first as a Foreman in both the Grading and Public Works divisions (8 yrs) and second as a Superintendent (1 yr) on Caltrans and Public Works projects ranging from a few hundred thousand to multi- million dollar projects. I have managed up to 15 projects concurrently utilizing up to eleven Foremen to accomplish this. Skills: I excel at scheduling jobs, motivating and training employees, completing jobs with minimal or no punch lists, completing a job on time while controlling job costs. I also work hard at keeping inspectors and engineers "happy" while keeping the company's interest at the forefront. Accomplishments: I love to teach. Six of my lead men are now successful Foremen. Four other men were sent to me for final grooming, and are now Foremen. Laborers, Operators and Grade Checkers alike leave my jobs better trained than when they arrived. I am often stopped and thanked for tips which really helped further careers. Special Training: "24 hr SWPPP" training (2007) "Lead Compliance" training ( Caltrans 2006 "Just In Time" training (rapid set concrete for Caltrans, 2006) "CPR" training (2006) "Flagger" certification (2005) Operating Engineers Apprenticeship (early 80's) Expertise: Grade Checking (both dirt and streets), Skip Loader, Blade, Dozer (450, D -4 to D -9), Scrapers (613,623,627) Loaders (both track and r.t. up to 988), Skid Steer Loaders (for both removals and grading), Rollers (steele, m, & grade), Excavators & Backhoes Oust enough to get by in a pinch) Companies: All American Asphalt, Kykendall Const., Kemmis Const., Bogh Const., Oliver Bros. Const., Mc Grew Const. References: Available upon request. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 NON - COLLUSION AFFIDAVIT State of California } ) ss. County of %jgQslt* ) MM +MdrM& being first duly sworn, deposes and says that he or she is V1 Prp„'I of Mr ?FHnna �y Evu,ir�PSli✓�u. the party making the foregoing bid; that the bid is of made in the interest of, or on bdhalf of, ahy 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 fate of California that the foregoing is true and correct. Plc ! W to IeAern nnr, Seams' O "( Bidder �j t o de ignaturerritle Subscribed and sworn to (or affinned) before me on this 12�`` day of .2007 by H1tm knesnota1 ,Vite- Fleesmv -T personally known to me or proved to me on the basis of satisfactory evidence to be the person(&) who appeared before me. YAD'RA BONILLA COMM. # 1703214 z Z m - NOTARY PUBLIC - CALIFORNIA it s _ RIVERSIDE COUNTY [SEAL] 11 C,141 (' & Not bli My Commission Expires: uuuataee ;ffI io 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT STH STREET CONTRACT NO. 3778 DESIGNATION OF SURETIES Fl- I re.- 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): 12 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name MC U Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts ,SU qD -50 Total dollar Amount of Contracts (in Thousands of $ ) Q00 36.000 A,&oo 0oo /o tqv No. of fatalities 0 d O O O No. of lost Workday Cases 3 No. of lost workday cases involving permanent transfer to �1 another job or v 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. 13 Legal Business Name of Bidder AC. iV-YVT1n C-.i CA\ if1a�+ 2 CinoTn a Business Address: X35 Cbccp Qp;nk f CsxSrt g2g?4 Business Tel. No.: q,51-7,34-7-M-7 State Contractor's License No. and Classification: q. R Title rpcA The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 • S ALL PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On July 12, 2007 before me, Yadira Bonilla - Notary Public, personally appeared Ham Kazerooni x❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that YA )IRA BONILLA by his signature on the instrument the COMM. # 1703214 z person, or the entity upon behalf of which NOTARY PUBLIC - CALIFORNIA 9 the erson acted, executed the instrument. p RIVERSIDE COUNTY My Comm. Expires Nov. 5, 2010 WITNESS my hand and official seal. (PLACE NOTARY SEAL ABOVE) /76' GNATURE ----------------------------------------------------------------------------------------- OPTIONAL INFORMATION Capacity Claimed By Signer Description Of Attached Document ❑ Individual &I Corporate Officer Vice President - McKenna General Engineering, Inc. Title w Type or DO ment nTLE ❑ Partner(s) ❑ Attorney -in -Fact Dem of Dommeot ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: Number of Pepe' • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 ACKNOWLEDGEMENT OF ADDENDA Bidders name MC. (Aelvaa 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 15 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 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: Enrlln&&.n n Business Address: 1335 Gerona Pcjini a (a-xA Carona , CA G2°27 4 U Telephone and Fax Number. (QV)— 7%-7Zo-t r- a C4Si11% -Zic) 6 California State Contractor's License No. and Class:-814 3 No'-f -A (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: ID -31-08 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone • l� l� ,- rG50 l COAJX4� V% C41 QfZal dcn � �� l Corporation organized under the laws of the State of (.Odor, ck it M • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: G For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; AIIA Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / T� Are any claims or actions unresolved or outstanding? Yes 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. m. .1• fi • • ��.ft . �.• (Print name of Owner or President of Cor ration! ompan y) • /i r A ized .5ign6fureffitle PC Op srdl�� it e 9(c:�Ap rA /Sec.rekcAr`I Title Z -12�`I Date Subscribed and sworn to (or affirmed) before me on this 12 " day of Scn(v 2007 —' by c personally known tome or proved tome on the basis of satisfactory evidence to be the person who appeared before me. ry Public 3 [SEAL] RAI1�1►E CA81R0 Cam• 1473M My Commission Expires: matey Z, zao y Scn1WW "Can* My Cann, Rgi MCWL 18 .. CNMIW%J • :RICA!+ N� '� ,n•. , . k MJ gt4CnL;.mxt3 not y'JfJly;,; mars »axa .�;"v.•:rtM F California Business Search is • Page 1 of 1 DISCLAIMER: the information displayed here is current as of JUL 13, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= C2624480 &printer =yes 07/16/2007 Corporation MCKENNA GENERAL ENGINEERING, INC. Number: C2624480 Date Filed: 2/20/2004 Status: active Jurisdiction: California Address 1335 CORONA POINT CORONA, CA 92879 Agent for Service of Process PHILLIP PUTNAM 450 W 4TH ST STE 130 SANTA ANA, CA 92701 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= C2624480 &printer =yes 07/16/2007 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 CONTRACT THIS AGREEMENT, entered into this day of , 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and McKenna General Engineering, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET Project Description as described in the Contract Documents. Contract No. 3778 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3778, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable -from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor a Contractor accepts as full payment the sum of THREE HUNDRED FOUR TY R THOUSAND, EIGHT HUNDRED TWENTY -THREE DOLLARS AND 1100 ($344,823.60). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 McKenna General Engineering, Inc. 1335 Corona Pointe Court Corona, CA 92879 Attn: Ham Kazerooni, VP 951 - 736 -7707 951 - 736 -7706 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less Chan A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 W 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 • • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of Gad Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 • 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. r • /.c �i I4 :1InI11 `dil ,. �. APPROVED AS TO FORM: N C. HARP Assistant City Attorney 25 CITY OF NEWPORT BEACH MCKENNA GENERAL ENGINEERING, INC. By: (Cnorporate�l Officer) Title: Pt .0.161, A, t" = C � r rte, ...0 .♦ • r' A! %'DICATED LAN "fl f�rzl ;n:;tfiari PRICF Av) ORIGINAL. "TT,,; ;.;Sr.,, ;T ISSUED IN FOUR ORIGINAL COUNTERPARTS PREMIUM: INCLUDED IN THE PREMIUM COUNTERPART N0. i OF .J_ CHARGED FOR THE PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 BOND NO. 4358565 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to McKenna General Engineering, Inc., hereinafter designated as the "Principal; a contract for construction of BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET, Contract No. 3778 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents In the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3778 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall 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, Sure'rec Insurance Company duly authorized to transact business under the laws of the State of California, as Surety referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED FOURTY- FOUR THOUSAND, EIGHT HUNDRED TWENTY-THREE DOLLARS AND 00/100 ($344,823.60) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State: of California. a 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surely, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an Individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the above named Principal and Surety, on the 23rd day of July , 2007. MCKENNA GENERAL ENGINEERING, INC. (Principal) Surelrec Insurance Company Name of Surety 3033.5th Ave., Suite 300 San Diego CA 92103 Address of Surety (619) 400 - 4106 Telephone Authorized SignatureTtle Agent Signature Leonard, Attorney In Fact Print Name and Title . NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 P ALL- PURPOSE ACKNOWLEDGMENT State of California SS. County of M V W I D r E On —CLVI 23.2a�'7 before me, Min)&"E r/rsrn0 DATE) (NOTARYI personally appeared T I M tYL I E N AAH SIGNEP,(,%' Zf personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name4 _ is /ere subscribed to the within instrument and acknowledged to me that he /skefte�ecuted the same in his /1e4Yhei,l' authorized capacity(j.e44, and that by hisfkcrftjre-ir signatures(&) -en the instrument the person(s}; or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS m d an fficial seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrFYI IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY- SIERRA, 800 -362 -3369 OTHER E 0 E 0 • 0 no rm--, CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSI JUL On before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Dc personally appeared JULIA B. LEONARD ® personally known to me -OR- ❑ proved to WOTARry CHELE M. UAL S COMM. #1704204 a FLY PUBLIC • CALIFORNIA m RERSIDE COUNTY Comm. E> tplres Now.1t, 2070 me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. `dellP.i1A f. `m -- - --- -- -- --- -- -- -- . —. - -- - OPTI ONAL-- --- - --- ----- -- ------- - -- -- -- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD-1133 09/00 Number of Pages: Signers Name: ❑ Individual ❑ Corporate, Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ISSUED IN FOUR ORIGINAL COUNTERPARTS POAM: 51001_ COUNTERPART N0. / OF 4 BOND NO. 4358565 SureTec Insurance Company LIMITED POWER OF ATTORNEY Snow All Men by new Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Kenneth A. Coate, Julia B. Leonard of Riverside, CA its true and lawful Attomey(s) -in -fact, with full power and authority hereby conferred in its dame, place and stead, to execute, acknowledge and deliver arty and all bonds, recogaizances, underktidngs or other instruments or contracts of suretyship to include waivers to. the conditions of contrasts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fidiy and to the same extent as if such bonds were signed by the President, seated with the corporate seal of the Company and dally attested by its Secretary, hereby ratifying and. confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the tbllowing resolutions of the Board of Directors of the Sure Tec Insurance Company: Be it Resolved, that the President' any Vice-president, any Assistant Vice- Prosident, any Secretary.or any Assistant Secretary shall be and is hereby vested with 1411 power and authority to appoint any one or more suitable persons as Attomey(A)min =Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in. -Pact may be given full power and authority for and in the name of and of behalf of the Company, t9: exectite, acknowledge and deliver, any and all bonds, motgoizaneeg contracts, agreements or indemnity and other conditional or obligatory underhildngs and any and all notices and documents canceling or tenninating the Company's liability thorevnderi and any sufdl instruments so' executed by wry such Auomey- in•Fact shall be binding upon the Company as if signed by die President andsealed andtfiWed by the Corporate Secretary. Be tt Resolved. that the signatureof any authorized otlloer and seal of the Company beretafore ofhortsafter aTvW 16 any p6" of attorney or any ecatl0cate relating thereto by Ihcsimile; and any power of attorney or certificate bearing i awdle signature or faosimile seal shall be valid and binding upon the Company with topped to any bond or undertaking to which it Is attached. (AddpisiI at a sieertng hdd on 20 of Apr(! 199,9.} In WNam "%emof, SURETEC INSURANCE COMPANY has caused these presents to be signed by Its Presiderd, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. 0�4 TEC fSURAI�CE 1�Ob WANY B9tState of Texas ss: Cinmty of Harris On this 20th day of Lune, A.D. 2003 before me personally daime BA King to me known, who, being by me duly sworn, did depose and say,. that he resides in Houston, Tags, that he is .Pmsident'of SURBTBC INSURANCE COMPANY the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is soar corporate seal.; that it was so affacd by order of the Board of Directors of said Company; and that he signed his name therein by like order. Michelle Denny a • salvd(li zap Wcoaaho es "Chek Deny, Notary Pdb li c August 27, 2005 My commission expires August 27, 2008 4 bL Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby entity that the above and foregoing is a true and 'correct copy of a Power of Attorney. executed by said Company, which is still in full forge and dfesh and Qbcrtaom the resolutibnkof the Board. of Dirodors; W. out in the Power of Attorney are in full force And effect. Given under my hand and the seal of said Company at Houston, Texas this 23rd day Julyf. 20 07 ,.A.D. . Brent Bea , Istaaf Any Instrument leaned In Mass or the penalty stated above Is tateliy void and without any validity. For vedfication of the authority of this power you stray call (713) 81 244 any business day between 8:00 am end 5 :00 pm CST. • ORIGINAL. „ ;.:;Eo, :m ISSUED IN FOUR ORIGINAL COUNTERPARTS SNsJ:'CT'O Y. ".`.:STV -'1' COUNTERPART NO. I OF L_ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET CONTRACT NO. 3778 BOND NO. 4358565 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,966.00 being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to McKenna General Engineering, Inc., hereinafter designated as the "Principal", a contract for construction of BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET, Contract No. 3778 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. 3778 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Sureiec Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED FOURTY FOUR THOUSAND, EIGHT HUNDRED TWENTY -THREE DOLLARS AND 001100 ($344,823.60) 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, )ointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements. in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, .its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. W • f As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications, This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 23rd day of July . 2007. 1(AA, A �lc�s�,,M- McKENNA GENERAL ENGINEERING, INC. (Principal) Sure'reo Insurance Company Name of Surety 3033 5th Ave.; Suite 300 San Diego CA 92103 Address of Surety _!6197 400 - 4106 Telephone Authorized Signaturelritle Julia B. Leonard, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED �E 0 ALL- PURPOSE ACKNOWLEDGMENT State of California SS. v County of 9ji/aLs /o� 0 On 77Jt t1 23 aov-7 before me, ICAitJ CL.I-G 0+31-7LO Ty 1 ATEI (NOTARY) personally appeared ! m /vt l '6 r44 SIGNER(S) personally known to me - OR - CannWpn • 1477!66 w* CearfomgCeafM * My Carom. bPk"Mar2.2110! ❑ proved to me on the basis of satisfactory evidence to be the personfs} hose name is/,rrm subscribed to the within instrument and acknowledged to me that he /sh0they executed the same in his /ke 7ltire-ir authorized capacity(irsj-, and that by his /hicr� signatures(-son the instrument the personke)- or the entity upon behalf of which the person(r4- acted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONfS) OR ENTITYIIES) RIGHT THUMBPRINT OF SIGNER APA 5199 VALLEY - SIERRA. 800- 362 -3369 OTHER E s 0 r 0 0 deaf . «. a t CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of On RIVERSIDE JUL 2 3 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and TiOe of Officer (e.g., "Jane Doe, Notary Public) personally appeared JULIA B. LEONARD ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose MiCHELE M. QUALLS COMM. #1704204 NOTARY PUBLIC- CALIFORNIA w RIVERSIDE COUNTY My Comm. Expires Nov. 11, 2010 name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/herftheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. 7 _ M -------------------------- OPTIONAL — — ------------ — --------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): _ ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: rTOp of rhamb trera ❑ Other: Signer Is Representing: BD -1133 09100 Signer Is Representing: ISSUED IN FOUR ORI INAL COU TERPARTS PQAik 510018 COUNTERPART N0. OF BOND N0. 4358565 SureTec Insurance Company L MITED POWER OF ATTORNEY Knov All Men by Tbese Presents, That SURETEC INSURANCE COMPANY (the ".Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Kenneth A. Coate, Julia B. Leonard of Riverside, CA its true and lawful Attorney(s) -in-W, with frill power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts Of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as Hilly and to the same extent as if mob bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attri ney(s )-in -Fact may do in the premises. Said appointment shall continue in force until 10/31108 and is made under and by authority of the fallowing resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any VicsPresident, any Assistant Viee- President, any Socrotery or any Assistant Secretary shell be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-la-Fad to represent and act for and on behalf of the Company subject to the following provisions: ArtornaJlin -Fact may be given full power and authority for and in the name of and of behalf of the Company, to. execute, acknowledge and deliver, any and all bonds, recogniaances, contracts, agreements or indemnity and other oouditiodal or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instmments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and .effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore oihereaft afiixtd to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted eta meegrtg held an 20 oJAprft. 1999.j In Wihsess Whereof, SURETEC INSURANCE COMPANY has caused these presents to be sighed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. TEC i ililtANCE COMPANY By. State of Texas ss: County of Hams 0A101 On ibis 2001 day of June, AD. 2005 before the personally came B.J: King, to me known, who, being by me duly swoon, did depose and say, that be resides in Houston, Texas, that be is President of SURETEC INSURANCE COMPANY, the company dasdibed in and which Executed the above Instrument; that he knows the seal ofsaid:Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ISwFm eDavq !bandy Pubge Aare of TOW �1MI.Ut%U 2 %Cat rum_ mi Cottyttwm Boo biiehelle Denny, Notary 6e At1QUS127, 2008 My commission expires August 27, 2008 4 M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that ihe.above and foregoing is a'tnro and correct copy of a Power of Attorney, executed by said Company, which is still in full force and etRet; and f tabermme, the resolutions of the Board of Directors, set out in the Power of Attorney are in full, force and effect_ Given under my hand and the seal of said Company at Houston, Texas this 23rd A.D. XIVU�018 Dy , bstant 20 Any InstrumeM issued in excess or the penalty stated aloves tR totally vat and without any validity. For verification of the authority of this power you may call (:151 &12.0800 any buelnesa day between. 8:66 am and 5:60 pm CST. ClianMk at 91-1cFNNP.FN ACORDa CERTIFICATE OF LIABILITY INSURANCE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR 0711181' 200 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ar$nstrong/Robitaille Full 1010 680 Langsdorf Drive #100 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 34009 - A Fullerton, CA 92834 -9409 - INSURERS AFFORDING COVERAGE INSURED INSURERA: NIC Insurance Co. McKenna General Engineering, Inc. 1335 Corona Pointe Court INSURER B: Insurance Company of State of PA INSURER C: American States Ins. Co. Corona, CA 92879 - INSURER D: INSURER E: BI /PD Ded:$5,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR rypE OF NISVRANCE POLICY NUMBER POLICYEFFECTIVE POLTYM(P ON LOTS A GENERALLIASUITY 0006CGL00594100 1111312006 1111312007 EACH OCCURRENCE $1000000 FIRE DAMAGE(AW..S ) $50000 X COMMERC'ALGENERALLIASILRY BI /PD Ded:$5,000 CLAIMS MADE [i] OCCUR MED EXP (Any one PersoA ) $5,000 PERSONAL A ADV INJURY $1006000 GENERAL AGGREGATE $2609000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS -COMPIOPAGG s2006000 POLICY X PR6 LOC C AUTOMOBREUASILITY X ANYAUrO 01CH17161010 06/12/2006 08/12/2007 COMBINED SINGLE LIMIT (Ea acdl 9 $1,000,000 BODILY WJURY (Par Person) $ ALLOWNEDAUrOS SCHEDULEDAUTOS X BODILYNJURY (PW °G�Gnl) 8°R) $ HIRED AUTOS NON-OWNED AUTOS X PROPERTY DAMAGE (Per e°cMeMl $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG B EXCESS LIABILITY 7275194 11113/2006 11/13/2007 EACH OCCURRENCE s4.000.000 X1 OCCUR CLAIMS MADE AGGREGATE s4,000,000 $ $ DEDUCTIBLE S RETENTION $ WONI(FAB COMPENSATION AND WC STATU- I OTH- EMPLOYERV LIABILITY E.L. EACH ACCIDENT S EL DISEASE - EA EMPLOYEE $ EA. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOC MONSNEHICLESMEX=SWNS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Insureds Name is expanded to Inclued the following: McKenna Equipment, Inc., Caufleld Equipment, Inc. and Grade Pros, Inc. dba: McKenna. RE: Buck Gully Wetlands and Maintenance Road Repairs at 5th Street,Contract No. 3778. (See Attached Descriptions) City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 25S (7!97)1 Of 3 SHOULD ANYOF THE AMIOVE DESCRIBED POLICIESSECANCELLED BEFORE WEEXPRATNIN DATE THEREOF, THE ISSUMO INSURER WILL ENDEAVOR TOMAIL'20 DAYS WRITEN NOTICE TOTHE CERTIFICATE HOLDERNAMED TOME LEFT, eUTFAI.URE TODOSOSHALL IMPOSE NO OBLIGATION OR UASIUTYCF ANYIIND UPON THE INSURERATS AGENTS OR REPRESENTATIVE 0 ACORD CORPORATION 1968 0 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25S(71e7(2 of 3 #S396333/M357623 0 ��ry `rrr DES,CRIITIQIVS(,Continued .fr...om�Page 1') _,• The City, its officers, agents, officials, employees and volunteers are named as Additional Insured with Primary/Non Contributory Wording per written contract as respects to General Liabillty per Form #ANF160 (912003) attached, Additional Insured applies per written contract as respects to Auto Liability per form #CA7110 (09105) attached, and Primary/Non Contributory Wording applies perform #CA0001 (10101(pg8) attached. AMS 25.3 (07197) 3 r of 3 #S396333/M357623 • • McKenna General Engineering, Inc. Policy # 0006CGLOD594100 Eff.11/1312006 to 11/13/2007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.% BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20101185 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide Insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the Inception of the contract or agreement, or the Inception of this policy, whichever is later. WHO IS AN INSURED (Section II) 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" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement Such Insurance as Is afforded by this policy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insured(s) shall be excess of the Insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for Injury or damage arising out of "your work" done under a contract With that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. 4. This endorsement does not apply to any work Involving or related to properties intended for permanent residential or habitationai occupancy. The words "you' and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equip ent furn •he i onnection with such work or operations. cure of 16mfidd Name Yrifle Date ANF 160 ( 3) 0 — REPRINTEDPROM THE FORMS LISFA — • McKenna General Engineering, Inc Policy #01CH17161010 Insurance Eff8112/2006- 8112/2007 COMMERCIAL AUTO e CA 71 10 09 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA AUTO PLUS ENDORSEMENT This endorsement modifies - insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common SECTION II — LIABILITY COVERAGE — A.1. WHO Policy Condition is replaced by the following: IS AN INSURED provision is amended by the addition of the following: b. 80 days before the effective date of cancellation if we cancel for any other reason. e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- TEMPORARY SUBSTITUTE AUTO — PHYSICAL ante is an `insured ", subject to the following DAMAGE COVERAGE additional provisions: Under paragraph C. — CERTAIN TRAILERS, MO- (1) The insured contract" must be in effect BILE EQUIPMENT AND TEMPORARY SUBSTITUTE during the policy period shown in the Decla- AUTOS of SECTION 1 — COVERED AUTOS, the rations, and must have been executed prior ". following is added: to the "bodily injury" or property damam age (2) This person or organization is an insured" If Physical Damage coverage is provided by this Cov- only to the extent you are liable due to your erage Form, then you have coverage for: ongoing operations for that insured, whether the work is performed by you or for you, and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of its owner as a temporary substitute for a "accident" occurring while a covered "auto" covered "auto" you own that is out of service be- is being driven by you or one of your em- cause of its breakdown, repair, servicing, "loss" or ployees. destruction. (3) There is no coverage provided to this person BROAD FORM NAMED INSURED or organization for 'bodily injury" to its em- ployees, nor for `property damage" to its SECTION II — LIABILITY COVERAGE — A.1. WHO property- IS AN INSURED provision is amended by the addition (4) Coverage for this person or organization of the following: shall be limited to the extent of your negli- gence or fault according to the applicable d. Any business entity newly acquired or formed by principles of comparative negligence or fault. you during the policy period provided you own 50% or more of the business entity and the (5) The defense of any claim or "suit" must be business entity is not separately insured for tendered by this person or organization as Business Auto Coverage. Coverage is extended soon as practicable to all other insurers up to a maximum of 180 days following acquisi- which potentially provide insurance for such tion or formation of the business entity. Coverage claim or "suit ". under this provision is afforded only until the end of the policy period. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Saiaa and ft Maw hpo are IB*wmd eademeft of Salem Capomfim CA 71 10 09 05 Page 1 of 5 EP • "° REPLANTED FROM THE FORMS LIBRARY"" • (6) The coverage provided will not exceed the 4. The most we will pay for a total "loss" in any one lesser of: °accident" is the greater of the following, subject (a) The coverage and /or limits of this policy; to a $1,500 maximum limit: or- a. Actual cash value of the damaged or stolen (b) The coverage and/or limits required by property as of the time of the `loss ", less an the cover Insured e ardor l adjustment for depreciation and physical condition; or (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. FELLOW EMPLOYEE COVERAGE — EXECUTIVE OFFICERS Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: This exclusion does not apply to liability incurred by your employees that are executive officers. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered 'auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the °loss ", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss ". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan ". (6) The dollar amount of any un- repaired damage that occurred prior to the 'total loss" of a covered "auto ". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto ". (9) Any amount representing taxes. (10) loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, Page 2 of 5 • ^R RMTEO FROM THE FORMS LIBRARY "^ • SUIT OR LOSS — of SECTION IV — BUSINESS HIRED AUTO PHYSICAL DAMAGE COVERAGE — AUTO CONDITIONS that you must notify us of an LOSS OF USE "accident" applies only when the "accident" is known to: _ SECTION III — PHYSICAL DAMAGE AA.b. Form (1) You, if you are an individual; does not apply. (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — 8.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and If Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type, subject to the following limit. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, de- ductible and excess provisions, we will provide cov- erage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger or light truck type. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. This coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type. B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered 'loss" to a covered "auto." Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the `loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto." If 'loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return It to you. 2. 30 days. D. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. E. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. F. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. G. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on CA 71 10 09 05 Page 3 of 5 EP • - REPRINTEDFROM THE FORMS LIBRARY^ • Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1, We will pay with respect to a covered °auto" for 'loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only 'd the equipment is permanently installed in the covered "auto" at the time of the `loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the 'loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." 2, We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not Include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: I. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi. sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss "; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made In determining actual cash value at the time of the loss." 3. If a repair or replacement results In better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 2. a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equip- ment is permanently installed in the covered •auto"; and 3, b. permanently installed in the opening of the dash or console normally used by Page 4 of 5 If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered 'auto- our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered -auto" our obligation to pay for, repair, 0 ^'• REPAINTED FROM THE FORMS USWY McKenna General Engmeenng, Inc. Policy #01 CHI 7161010 Eff 8!1212006 - 8/12/2007 return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible war apply. In no event will more than one deductible apply. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for bodily injury" or- "property damage" on behalf of the persons or organizations added as 'insureds" under Section If — LIABILITY COVERAGE — A.I.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. 9 PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned 'auto" that is Involved in a covered 'loss ", we will pay up to $500 for 'personal effects" that are lost of damaged as a result of the covered 'loss', without applying a deductible. 8. SECTION V — DEFINITIONS is amended by ad- ding the following: O. "Personal effects" means your tangible property that is wom or carried by you, ex- cept for tools, jewelry, money, or securities. CA 71 10 09 06 Papa 5 at 5 EP McKeoria General Engineering, Inc. Policy #O1CH17161010 Eff 8/1212006 - 8/12/2007 3. Legal Acpon Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial No one has the right under this policy to bring us into an action to determine the "insured's" liability. 4. Loss Payment - Physical Damage Coverages At our option we may. a Pay for, repair or replace damaged or stolen property, b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss ", our payment will include the applicable sales tax for the damaged or stolen property. 6. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us., That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or" loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "Insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment Misrepresentation Or Fraud This Coverage Form Is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void If you or any other "insured ", at any time, intentionally conceal or misrepresent a material fact concerning: a This Coverage Form; b. The covered "auto "; F Your interest In the covered "auto'; or d. A claim under this Coverage Form 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the CA 00 0110 01 Pop 8 of 11 0 CA 00 6110 01 COMMERCIAL AUTO additional coverage as of the day the revision is effective In your state. 4. No Benefit To Sallee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage form. 6. Other Insurance a. For any covered "auto" you own, this Coverage form provides primary Insurance. For any covered "auto" you don't own, the Insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer"' is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" Is: (1) Excess white It is connected to a motor vehicle you do not own. (2) Primary while it Is connected to a covered "auto" you own. b. For Hired Auto Physical Damage coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". G Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". d When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share Is the proportion (hat the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and. policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form Is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, If any. The due date for the Final premium or retrospective premium Is the date shown as the due date on the bill If the estimated CoWtht. ISO Pnipenies. Inc.. 2000 O41)4SMen101@180AA -G ClinnMb 49 *.KFNNC.FN ACS CERTIFICATE INSURANCE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH . OF LIABILITY NSR LTR 07118/2007" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong/Robitaille Full 1010 680 Langsdort Drive #100 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 34009 Fullerton, CA' 92834 -9409 INSURERS AFFORDING COVERAGE INSURED McKenna General Engineering Inc. 1335 Corona Pointe Court Corona, CA 92879 INSURER A: Delos Insurance Company INSURER B: FORMALLY KNOW AS: INSURER C. Sirius America Insurance Company INSURER D' IRSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any me fire) $ COMM ERCIAL GENERAL LAB ILITY CLAIMS MADE F] OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM IT APPLIES PER PRODUCTS -COMPIOPAGG $ POLICY JEST D LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BO JURY (Per r pens person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accMent) $ HIRED AUTOS NON -OWNED AUTOS ' PROPERTY DAMAGE (Per aeddent) $ OARAGE LIABILITY AUTO ONLY - EA ACCIDENT i OTHER THAN EA ACC i ANY AUTO $ AUTOONLY: ADO EXCESS LIABILITY EACH OCCURRENCE i AGGREGATE i OCCUR 0 CLAIMS MADE f $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND 01DKRM11001085 0410112007 04101112006 X WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000000 E.L. DISEASE - POLICY LIMB 1 $1.000,000 OTHER DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLE& XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROMIONS Insureds Name is expanded to include the following: McKenna Equipment, Inc. RE: Buck Gully Wetlands and Maintenance Road Repairs at 5th Street, Contract No. 3778. Waiver of Subrogation applies. City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 'AQ_OAYSWRITTEN CERTIFICATE HOLDER NAM ED TOTHE LEFT, BUTFAILURE TODOSOSHALL LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,nS AGENTS OF .......... _.. .. A,.,.. T I OF A N JSOSJW IFI3r fova anuva ........., 0 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon - ACORD 25S(7197)9, of 9 tt.47gF77d /M777Fdg r� r, L.J WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4.84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover from our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a w}itten contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach CA 92663 Minimum Premium $50 SCHEDULE Job Description Concrete Paving and Grading Buck,Gully Wetlands & Maintenance Road Repairs e street Contract #3778 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7119107 . Policy No. 01DKRMl- 1001 -085 Endorsement No.46 Insured McKenna General Engineering, Inc Insurance Company: Sirius America Insurance Company - 35408 McKenna Equipment, Inc. Countersigned By: 01998 by the Workers' Compensation insurance Rating Bureau of Carifomia. Ali rights reserved. From the WCIRB's California Workers' Compensation InsuranceFomrs Manual 032001. 7/2312007 cca IN Fax #: • • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received:- 7 -26 -07 Dept. /Contact Received From: Shauna Oyler Date Completed: 7-31-07 Sent to: Shaun By: April Walker Company /Person required to have certificate: McKenna General Engineering GENERAL LIABILITY A. INSURANCE COMPANY: NIC Ins. Co. B. AM BEST RATING (A: VII or greater): AX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. 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 2 mil agg/1 mil occ ® Yes ❑ No ® Yes ❑ No ■117_ C NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: American States Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? I mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III WORKERS' COMPENSATION A. INSURANCE COMPANY: Delos Ins. Co. B. AM BEST RATING (A: VII or greater): A E C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Waiver of subrocation endorsement missine. S 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONTRACT NO. 3778 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. 3778 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 @ Dollars and Cents $ 90 , Per Lump Sum 2. 3,700 S.F. Erosion Control, BMP & SWWP @ ' re6 Dollars and O L:( Cents $ - .�2x!50 $ 2,950 Per Square Foot 3. Lump Sum Construction Survey Staking @ 2i'JL4z bcu4ckDollars and Cents $ Per Lump Sum E PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 6,100 S.F. Clearing and Grubbing @ 11.6 Dollars and Cents $ '(2,50 $ (S, Z50 Per Square F of 5. 220 C.Y. Remove Creek Crossing Concrete Pavement @ due Dollars and Cents $ 7(7 c)0 $ 15,t (C70 Per Cubic Yard 6. 5 C.Y. Plug Storm Drain Pipes with PCC @ Dollars and Cents $ ^'Inn $ Per Cubic Yard 7. 40 L.F. Remove Storm Drain Pipe at Secondary Storm Drain @ _VwiA%un(Vie -& Dollars and Cents $ mac. r, $ dt� O Per Linear Foot 8. 30 C.Y. Export Rip -Rap and Concrete from Job Site @ 0&e.6 e.4 Dollars and y Cents $ � C� $ � Per Cubic Yard 9. 210 C.Y. Export Earthwork @ k Dollars and Cents Per Cubic Yard @} «�ecr�natia Dollars and Cents Per Lump Sum 13. 58 Each Gabion Installation @ (faaa,4y((iwc�J Dollars and Cents Per Each 14. 77 Each Envirolog Installation @�� +1w�,1 n d.fr,�u Dollars and Cents Per Each 15. 48 Each Green Gabion Installation r& ± _Dollars and Cents Per Each $ -1,W,J0-3 $ I-L(D $ PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 320 C.Y. Excavation @ Dollars and Cents $' -c3 $ C'L-L') Per Cubic Yard 11. 2 Each Tree Removal @ 6r AnagS, &VL ^I.IDollars and Cents II $ 1 $ Per Each 12. Lump Sum Creek Water Diversion and Dewatering @} «�ecr�natia Dollars and Cents Per Lump Sum 13. 58 Each Gabion Installation @ (faaa,4y((iwc�J Dollars and Cents Per Each 14. 77 Each Envirolog Installation @�� +1w�,1 n d.fr,�u Dollars and Cents Per Each 15. 48 Each Green Gabion Installation r& ± _Dollars and Cents Per Each $ -1,W,J0-3 $ I-L(D $ 0 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE M-1 17 im 19. 21 37 Each Reno Mattress Installation @, Dollars and Cents $- Per Each 110 C.Y. Unclassified Fill @ nve �lL-vct�1 Dollars and Cents $ � Per Cubic Yard 2 Each Rehabilitation of 24 -Inch RCP Storm Drain at Headwalls of 'Arizona Crossing" (i v�.�Tna wd ,-40-4-Dollars and Cents $ ,'3.76D $ W O Per Each 38 C.Y. Construct Headwall Structures and Concrete Road Cap ei ,, A Dollars and Cents Per Cubic Yard 8,900 S.F. Finish Grading @ Dollars and I Cents Per Square Foot 11,280 S.F. Temporary Irrigation System @ Am Dollars and sl l( ti4 Cents Per Square Foot $ 7bo $ 2� $ m -.1DO i 0 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 816 Each Rooted Cutting Plant Material @ r Dollars and Cents $ 16,cko $ `n �— Per Each 23. 568 Each One Gallon Container Stock @ 'TW "r4��Dollars and Cents $ I Per Each 24. 11,280 S.F. Hydroseed @ Dollars and _ 0 Cents Per Square Poot 25. Lump Sum 120 Day Plant Establishment @��P�Ine„�,,�A „r 6,.e„taollars and q sco Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents 7 12-07 Date fit7lymtllw 'Fwd4.Yrn i'16-770ro Bidder's Telephone and Fax Numbers 8Y8Qb!1 Bidder's License No(s). and Classification(s) $ ',�Li!� &23L io o - - Total Price (Figures) Vt - -4-nG• Bidd Jfidaeefi AutU6rized Signature and Title 1335 Coroor„R�%nA, Cx�k Caronc.0 "2$79 Bidder's Address 0 0 1 1 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 5 4" PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BUCK GULLY WATER QUALITY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5 STREET CONTRACT NO. 3778 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -72 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 5 4" 0 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -5 PERMITS 5 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 7 7 -8.6.1 Best Management Practices and Monitoring Program 7 7 -8.6.2 Creek water Diversion Plan 8 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.4 Safety 9 7- 10.4.1 Safety Orders 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 15 201 -1 PORTLAND CEMENT CONCRETE 15 201 -1.1.2 Concrete Specified by Class 15 201 -2 REINFORCEMENT FOR CONCRETE 15 201 -2.2.1 Reinforcing Steel 15 SECTION 206 MISCELLANEOUS METAL ITEMS 15 206 -7 GABIONS 15 206 -7.1 Gabion Materials 15 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 15 212 -1 LANDSCAPE MATERIALS 15 212 -1.3 Seed 15 212 -1 A Plants 16 212 -1.6 Herbicides and Pesticides 17 212 -2 IRRIGATION SYSTEM MATERIALS 19 212 -2.1 Plastic Pipe and Fittings 19 212 -2.2 Valves, Valve Boxes and Controllers 19 PART 3 --- CONSTRUCTION METHODS SECTION 300 EARTHWORK 21 300 -1 CLEARING AND GRUBBING 21 300 -1.3 Removal and Disposal of Materials 21 300 -1.3.1 General 21 300 -1.5 Solid Waste Diversion 21 300 -1.6 Hazardous Materials Disposal 22 300 -4 UNCLASSIFIED FILL 22 304 -4.1 General 22 300 -12 EARTHWORK FOR GABION GRADE CONTROL AND BANK PROTECTION STRUCTURES 22 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 22 308 -1 GENERAL 22 308 -1.1 Exotics/Weed Removal 23 308 -1.2 Water Diversion 23 308 -1.3 Soils Testing 23 308 -1.4 Amending Site Soils 24 308 -1.5 Finish Grading 24 308 -1.6 Planting 24 308 -1.7 Cuttings 25 308 -1.8 Seed Installation 26 308 -1.9 Clean Up 26 308 -1.10 Safety 26 308 -1.11 As -Built Conditions 26 308 -1.12 Maintenance 26 • • SP 1 OF 27 CONTRACT NO. 3778 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Drawings (Drawing No. M- 5377 -S; (3) Resource Agency Permit requirements (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of two Project Phases as follows: Project Phase 1 work includes general site preparation and construction work including, mobilization, erosion control, BMP and SWPPP measures, clearing and grubbing, demolition of a portion of the existing concrete "Arizona" creek crossing and existing riprap section, dewatering and surface water control, constructing headwalls and new paving cap at the existing "Arizona" crossing, constructing various rock - filled gabion grade control structures within the creek, constructing various rock and soil - filled gabion creek bank erosion protection structures, placing unclassified fill, modifying existing storm drain pipes and outfall structure, installing storm drain inserts, controlling sediment, installing erosion control fabric slope protection, providing dust control and all other work as required to bring this reach of Buck Gully into readiness to accept storm water flows. May 30, 2007 • • SP2OF27 Project Phase 2 work includes installation of a temporary irrigation system, planting of native California wetland and upland plant species, including trees, shrubs, cuttings, hydroseeding and providing and all other landscaping and revegetation tasks as required to complete the project, as shown on the drawings and as outlined in these specifications. The initial 120 -day plant establishment maintenance period would commence immediately upon successful completion of Phase 2. After successful completion of the 120 -day maintenance period, there is also an obligatory 5 -year long -term maintenance and monitoring period, which will be handled by the city as a separate contract, not included in this current work (N.I.C.)." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. There is limited survey information for this project. The design is based on a contour map provided by the Engineer and subsequent grade check elevations and control points as provided by the city. At a minimum, two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to Engineer 48 -hours in advance of any work. In addition, the filing of a Comer Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of the Work. Prior to any demolition Work, the Contractor shall prepare and submit the Corner Records for review by the Engineer a minimum of three (3) working days before the anticipated Work. All existing survey monuments are to be preserved. The Contractor will be back - charged for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will restore the survey monuments at Contractor's expense. The restoration cost to the Contractor will include filing the required Record of Survey or Corner Records with the County of Orange. May 30, 2007 • SP 3 OF 27 SECTION 3-- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4- -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All materials and articles furnished by the Contractor shall be subject to rigid inspection, and no materials or articles shall be used in the work until they have 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 will 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. May 30, 2007 E • SP 4 OF 27 SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. It is the intent of the City to issue the Notice to Proceed no later than August 30, 2007. No actual work shall begin on site until after August 30th, 2007. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete Project Phase 1 within 45 working days after the date on the Notice to Proceed. The Contractor shall complete Project Phase 2 work (exclusive of the 120 -day plant establishment maintenance period) within 30 working days after the date of successful completion of Phase 1. The 120 -day Plant Establishment maintenance period shall commence upon approved completion of the Project Phase 2 installation work, and shall progress for 120 -days, or until the plant establishment work is deemed acceptable by the Engineer. The contractor shall not conduct any work and shall not remove any vegetation within the work areas from February 15th to August 30th to avoid impacts on nesting birds and /or the Coastal California Gnatcatcher. The Contractor shall ensure the availability of all materials prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Delete subsection 6 -7.2 1) "Saturday." Replace subsection 6 -7.2 3) with the following: "any City holiday, defined as January 15 ,t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), May 30, 2007 0 • SP5OF27 December 25"' (Christmas), and December 31st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturday. Note that Saturdays are considered working days. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Additionally, as this is a residential area, unnecessary noise shall be avoided. 6 -9 LIQUIDATED DAMAGES. Replace Paragraph 1, Sentence 3, with the following: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of Project Phase 1 work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of One Thousand Dollars and No Cents ($1,000.00); and for each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of Project Phase 2 work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of Two Hundred and Fifty Dollars and No Cents ($250.00)." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this section, "The City is in the process of obtaining and /or finalizing the following resource agency permits for this project: 1) Department of the Army Corps of Engineers Nationwide Permit authorization ( #200601647 -JPL) to construct the water quality wetlands improvements as shown on the construction documents and as outlined in the conceptual mitigation plan titled: Revegetation, Mitigation and Monitoring Plan for the Buck Gully Water Quality Wetlands Project [Dudek, May 2007 (revised)]. 2) California Regional Water Quality Control Board permit (Buck Gully #302006- 19, 401 Cert.) to construct the water quality wetlands improvements as shown on the construction documents and as outlined in the conceptual mitigation plan titled: Revegetation, Mitigation and Monitoring Plan for the Buck Gully Water Quality Wetlands Project [Dudek, May 2007 (revised)] 3) California Department of Fish & Game 1602 Streambed Alteration Agreement ( #100 - 2006 - 0277 -R5) to construct the water quality wetlands improvements as shown on the construction documents and as outlined in the conceptual mitigation plan titled: Revegetation, Mitigation and Monitoring Plan for the Buck Gully Water Quality Wetlands Project [Dudek, May 2007 (revised)]. May 30, 2007 0 9 SP6OF27 Copies of all permits will be provided to the contractor when permits are received. Work shall not begin on the project until all permits have been acquired by the City. Copies of the permits shall be kept on the site at all times during construction. If historic or archaeological remains are discovered during construction, work in the area shall immediately cease and the Engineer notified. Some of the permit requirements will include: a. Hay bales, silt fences, or other appropriate devices shall be placed immediately down slope of exposed soils or fill to prevent the transport of sediment. Siltation and turbidity control measures (e.g., silt fences, hay bales) shall be implemented in all areas where disturbed soils may potentially wash into the stream via rainfall or runoff. b. The Contractor shall monitor the five (5) day weather forecast. If precipitation is forecast the site shall be secured one day prior to participation so no materials may enter or be washed into the stream. c. Herbicide mixing shall be located in areas devoid of vegetation where there is no potential of a spill reaching a vegetated area or a stream. An herbicide that may come in direct contact with the water shall be approved for use in an aquatic environment (e.g. Rodeo). d. No equipment shall be operated in ponded or flowing areas. Flow shall be diverted around the work area by barrier, temporary culvert, new channel or other approved means. All equipment shall be properly cleaned offsite prior to entering in the stream bed. No heavy equipment shall be operated within the stream." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities if required. The Contractor shall provide the Engineer seven calendar days notice of the time he desires the shut down of facilities to take place. The City has installed separately a new water supply line, water meter and valve box within the canyon, limit of work area. The Contractor's point of connection for the irrigation system shall be after the water meter." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use temporary City water, prior to the actuation of the new water meter, he shall arrange for a temporary construction meter to be installed at a City designated location and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." May 30, 2007 • 0 SP 7 OF 27 Water used during construction from the temporary construction meter shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, site clean -up, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during construction 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 storm drain system, downstream in Buck Gully Creek, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.city.newi)ort-beach.ca.us/pubworks/iinks.htm.." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan to prohibit wastewater, dewatering water, or storm water runoff from carrying contaminants from the project site from entering the creek. Measures include, but not limited to the following: a. No placement of construction materials where they could enter stream or 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. i. Protecting all downstream creek resources from any discharges from dewatering activities. j. Hay bales, silt fences, or other appropriate devices shall be placed immediately down slope of exposed soils or fill to prevent the transport of sediment. Siltation and turbidity control measures (e.g., silt fences, hay bales) shall be implemented in all areas where disturbed soils may potentially wash into the stream via rainfall orrunoff. k. The Contractor shall monitor the five (5) day weather forecast. If precipitation is forecast the site shall be secured one day prior to participation so no materials may enter or be washed into the stream. I. Herbicide mixing shall be located in areas devoid of vegetation where there is no potential of a spill reaching a vegetated area or a stream. An herbicide that may come in direct contact with the water shall be approved for use in an aquatic environment (e.g. Rodeo). m. No equipment shall be operated in ponded or flowing areas. Flow shall be diverted around the work area by barrier, temporary culvert, new channel or May 30, 2007 • 0 SP8OF27 other approved means. All equipment shall be properly cleaned offsite prior to entering in the stream bed. No heavy equipment shall be operated within the stream." Any Arundo donax that is cut, broken or disturbed shall not be discharged to the creek. No rubbish, refuse, bark, sawdust and other solid wastes shall be discharged into the creek or at any place where they would eventually be transported into the creek. The Best Management Practice Plan will be reviewed by the Engineer prior to issuing a notice to proceed. If it is discovered that the Contractor has failed to comply with the Best Management Practice Plan , any and all cleanup costs incurred by City shall be back - charged to the Contractor at cost plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -8.6.2 Creek Water Diversion /Dewatering Plan. The Contractor shall submit a plan indicating how water in the creek will be diverted, and /or dewatered, in order to construct the items of work under this contract. The plan shall incorporate Best Management Practices to limit contamination from entering the stream. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall gain access to the site via the existing emergency access road into Buck Gully, at the intersection of 5th and Poppy Streets. Contractor shall coordinate key access to the existing gate with the City. No equipment shall be parked on public streets. All staging areas and equipment parking shall be via the existing access road and designated staging areas within the canyon. Pedestrian access to all residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, or equipment access. 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." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. Staging areas for the storage of equipment and materials have been provided by the City, and are shown on the drawings. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown /staging area. The Contractor shall restore the laydown /staging areas to their May 30, 2007 0 SP9OF27 pre- construction condition. The Engineer may require new base and pavement if the pavement condition of streets or access roads has been compromised during construction." The laydown /staging areas shall not be used for storage of material from the clearing and grubbing activities. Those materials shall be hauled -off the site immediately and disposed of at a proper landfill /waste facility. 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 designated representative, to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the prime Contractor shall possess a Class "A" License. At the start of work and until completion of work, the prime Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. The Sub - Contractor conducting the Landscape /Revegetation and Irrigation System Installation (Phase 2) and 120 -day plant establishment maintenance work shall hold a valid California Landscape Contractors License, Class "C -27 ", and shall provide a project foreman who has previously overseen successful native revegetation projects of at least 1 acre in size in Southern California. The nursery used to supply materials to the project shall hold a valid California Nursery License. All herbicide treatments shall be prescribed by a Licensed Pest Control Adviser. Herbicide applications shall be performed by a Licensed Pesticide Applicator. 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS. A stamped set of approved drawings and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" drawings 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. May 30, 2007 i • SP 10 OF 27 During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. Unless noted otherwise, all items are per project phase as noted. The following items of work pertain to the bid items included within the Proposal: BASE BID ITEMS Item No. 1 Mobilization (Project Phase 1): Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, preparing and submitting a creek diversion /dewatering plan, and all other related work as required by the Contract Documents. Item No. 2 Erosion Control, BMP & SWWP (Project Phase 1): Work under this item shall include implementing all necessary erosion control measures, Best Management Practices, and Storm Water Pollution Prevention Plan ( SWPPP) requirements that may be necessary to protect downstream water resources during the course of construction. Work includes the installation of erosion control blankets for all manufactured slopes within the work area. Item No. 3 Construction Survey Staking (Project Phase 1): Work under this item shall include providing survey services in accordance with Section 2 -9.3. Contractor shall verify all key elevations and temporary bench mark elevations provided by the City and as indicated in the construction documents. Discrepancies shall be brought to the attention of the Engineer for interpretation and direction. Item No. 4 Clearing and Grubbing (Project Phase 1): Work under this item shall include removal and disposal offsite of all vegetation including bushes, shrubs, stumps and roots of all vegetation that is to be removed. Work shall also include all necessary herbicide applications within the limits of the work area, as required to complete the work in place, as indicated in the construction documents . Contractor shall protect all native vegetation outside of the limits of work and all native vegetation within the limits of work identified by the Engineer to remain in place and be protected. Contractor shall use caution when working in proximity to the existing 8" DIP water line that crosses May 30, 2007 • • SP 11 OF 27 through the work area, including the new water meter installation. This line shall be protected at all times. Item No. 5 Remove Creek Crossing Concrete Pavement (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, demolishing and clearing crossing concrete pavement, protecting subbase, abandoning or protecting\ interfering portions of existing utilities or improvements, and all other work items required as required to complete work in place. Item No. 6 Plug Storm Drain Pipes with PCC (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary plug ends of existing low flow pipes with concrete slurry at the existing drain outfall structure, and all other work items as required to complete the work in place. Item No. 7 Remove Strom Drain Pipe at Secondary Storm Drain (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to pothole existing facilities, exposing existing utilities in advance of pipe removal, trench excavations, shoring, bracing, removing portions of old pipes to be abandoned, temporary and permanent support of utilities, disposing of old pipe and excess excavation materials and all other work items as required to complete the work in place. Item No. 8 Export Rip -Rap and Concrete from Job Site (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to exporting rip -rap and concrete from the job site as indicated on the drawings, disposing of the material at an approved site and all other work items as required to complete the work in place. Item No. 9 Earthwork Export (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to exporting soil from the Job site, disposing of the material at an approved site and all other work items as required to complete the work in place. Item No. 10 Excavation(Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for earthwork excavation, stock piling, relocating excavated material, and all other work items as required to complete the work in place. Item No. 11 Tree Removal (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for removing and properly disposing trees in the project limits, as shown on the plans, and all other work items as required to complete the work in place. Contractor has the option of salvaging and removing the one palm tree within the work area at his /her own expense. May 30, 2007 • • SP 12 OF 27 Item No. 12 Creek Water Diversion and Dewatering (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to control, divert and dewater surface and subsurface water from the creek and sub -grade for the modifications to the creek bed and slopes, and construction of the headwalls and gabion structures, all other work items as required to complete the work in place including removal of all diversion structures prior to the completion of the Phase 1. Item No. 13 Gabion Installation (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for constructing the rock - filled gabion grade control structures per the limits and details shown in the construction documents and per manufacturer's specifications, including but not limited to, excavation, backfill, compaction, gabion baskets, rock fill, fasteners, connections, filter fabric, lacing wire, rings, stiffeners, removal /abandonment or protection of designated portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 14 Envirolog Installation (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for placement of "Envirolog" structures, per the limits and details shown in the construction documents and per manufacturer's specifications, including but not limited to, excavation, backfill, compaction, "Envirolog" structures, rock and soil fill, fasteners, connections, filter fabric, lacing wire, rings, stiffeners, removal /abandonment or protection of designated portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 15 Green Gabion Installation (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for constructing the rock - filled "Green Gabion" grade control structures per the limits and details shown in the construction documents, and per manufacturer's specifications, including but not limited to, excavation, backfill, compaction, "Green Gabion" baskets, rock and soil fill, fasteners, connections, filter fabric, lacing wire, rings, stiffeners, removal /abandonment or protection of designated portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 16 Reno Mattress Installation (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for constructing the rock - filled "Reno Mattress" structures per the limits and details shown in the construction documents, and per manufacturer's specifications, including but not limited to, excavation, backfill, compaction, "Reno Mattresses', rock fill, fasteners, connections, filter fabric, lacing wire, rings, stiffeners, removal /abandonment or protection of designated portions of existing utilities or May 30, 2007 • • SP 13 OF 27 improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 17 Unclassified Fill (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for modifying the existing creek "Arizona Crossing" and constructing the unclassified fill per the limits shown on the drawings, including but not limited to, clearing and grubbing the unnecessary materials, excavation, hauling, and stockpiling of imported rock/soil, subgrade preparation, benching, placing fill, compaction, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 18 Rehabilitation of 24 -inch RCP Storm Drain at Headwalls of "Arizona Crossing" (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for modifying the existing storm drain pipes and for installing the 20 -inch HDPE pipe sleeves and slope anchors inside the existing storm drain pipes. This shall include, but not be limited to, potholing of all existing facilities, exposing utilities in advance of pipe modifications, trench excavations, shoring, bracing, temporary patching or trench plates, cutting existing pipe, installing new pipe, installing external joint sealer between existing pipe and new sleeve, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 18 Construct Headwall Structures and Concrete Road Cap (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for constructing the headwall structures, footings, and concrete road cap, including, but not limited to, furnishing all labor, materials, tools, equipment, and incidentals, and stockpiling of imported rock/soil /concrete, sub -grade preparation, benching, placing fill, compaction, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, furnishing and installing reinforcing steel, installing concrete forms, placing concrete and all other work items required to complete the construction work in place. Item No. 20 Finish Grading (Project Phase 1): Work under this item shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for finish grading necessary to provide uniform planting surfaces, per the final grades as shown in the construction documents. Item No. 21 Temporary Irrigation System (Project Phase 2): Work under this item shall include full compensation for furnishing all labor and materials, tools, May 30, 2007 • • SP 14 OF 27 equipment and incidentals, and assembling, testing, programming and operating the temporary on -grade irrigation system per the limits and details as shown in the construction documents including but not limited to, sub -grade preparation, installation of bedding material, installation of irrigation PVC pipe, sprinkler heads, valves, valve boxes, controller, irrigation point of connection at water meter, backflow preventor, fasteners, connections, and all other work items required to complete the irrigation work in place. Item No. 22: Rooted Cutting Plant Material (Project Phase 2): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing cuttings within the "Green Gabion" and "Envirolog" structures, as specified in the construction documents, including spotting, excavation of cutting holes and backfilling. Item No. 23: One - Gallon Container Stock (Project Phase 2): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing container grown plant material as specified in the construction documents including spotting, excavation of plant pits, installing backfill, forming water basins and top dressing with mulch. Item No. 24: Hydroseed (Project Phase 2): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for the procurement, approval, delivery, storage and broadcasting the hydroseed, including fine grading around planting after performing all operations for weed eradication specified in these construction documents and provide protection for plant material prior to applying the two part hydroseed mixture as specified in these specifications. Remove all protective material and any overspray immediately following application of the two -part seed application. Hydroseed shall be applied prior to the installation of the erosion control fabric on all manufactured slopes. Item No. 25: 120 -Day Plant Establishment (Upon completion of Project Phase 2 installation work): Work under this item shall include providing all material, labor and equipment necessary to perform the work required for 120 -day plant establishment and site maintenance as specified in these construction documents and the Final Revegetation, Mitigation and Monitoring Plan for the Buck Gully Wetlands and Maintenance Road Repair Project [Dudek, May 2007 (revised)]. This includes replacing any plant material that fails to maintain a healthy condition, fertilization, trash removal and eradication of any natural pests. This work shall not commence until Project Phases 1 and 2 are complete as determined by the Engineer. 9 -3.2 Partial and Final Payment. Add to this section: `Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." May 30. 2007 • • SP 15 OF 27 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, unless specified otherwise." 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 in the construction documents." SECTION 206 --- MISCELLANEOUS METAL ITEMS 206.7 GABIONS 206 -7.1 Gabion Materials. Materials for galvanized woven wire mesh gabion baskets, and fasteners and all other appurtenances shall conform to the construction documents and the manufacturer's materials specifications. All gabion structures (i.e. Gabions, "Reno Mattresses ", "Green Gabions" and "Envirologs ") shall be provided by MACCAFERRI, Inc., or approved equal. Contractor shall provide a final shop drawing layout for the final configuration of the gabion structures, to be provided by MACCAFERRI, Inc., or approved equal, and shall submit the shop drawings to the Engineer for final approval prior to ordering and construction. SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS. Delete entire section and replace with the following: 212 -1.3 Seed Seed Sources: Native seed obtained for the project shall have originated from coastal southern California locations. Any special seed collection required shall be conducted by a supplier possessing staff experienced in native seed collection. Seed may be purchased from S &S Seed Company, Carpinteria, CA (805) 684 -0436 or an approved equal. Seed Materials: Contractor to furnish seed as specified herein and as shown in the construction documents. Seed of each species shall be furnished in quantity and quality (meeting specified minimum percentages of purity and germination) as shown in May 30, 2007 • • SP 16 OF 27 the construction documents. Seed tests shall be conducted no more than three (3) months before the time of installation. For each seed type not conforming to specified percentage of seed purity and germination, each corresponding seed application rate (Lbs. /acre) will be adjusted by the Engineer, using current test results. Increased seed quantities shall be furnished by Contractor at Contractor's cost. A. Seeds shall be fresh, clean, new crop seed composed of the varieties mixed in proportions and testing minimum percentage of purity and germination per industry standards. B. All seed shall be pre- treated as specified in Delivery, Storage and Special Handling. All seed shall have originated from cismontane Orange County. C. The Contractor is responsible for contacting the seed supplier 30 days after award of contract to arrange for special seed collections and seed pre- treatment as necessary. 212.1.4 Plants Plant Sources: Plants shall be contract grown by a native plant nursery under contract arrangements by the Contractor. Commercial native plants shall be grown by a nursery possessing a valid California Nursery License and a staff experienced with propagation of native species. Plants may be grown and purchased from Tree of Life Nursery, San Juan Capistrano, CA (714) 728 -0685 or an approved equal. Planting Backfill Mix: Planting backfill shall consist of 100% native soil and shall be used to backfill all excavated plant pits in the installation of containerized and salvaged plant materials. No additional soil amendments or fertilizers shall be used unless so determined by additional soils tests if requested by the Engineer. Additional amendments would be an extra to the contract. Contractor shall avoid over compacting backfill. Container Plant Materials: Plants shall be furnished per contractor contract grown agreement, in species, quantities, and sizes, and at spacing shown on the plan, as symbolized and/or described in plant palette, and in the specifications herein. A. Quality and size of all plants shall conform to the California Standard Grading Code of Nursery Stock and shall be No. 1 grade. Caliper, height, and spread shall be average for each listed species. They shall be symmetrical, healthy, vigorous of normal growth, free from disease, insects, insect eggs and larvae. All plants shall have healthy, normal root systems that consolidate potting soil into a firm rootball throughout the entire container. Plants shall not be pruned prior to delivery. B. All plant material will be subject to inspection and approval by Engineer at delivery to project site. May 30, 2007 • • SP 17 OF 27 C. Container stock shall have grown in containers for at least 8 months, but not over twelve (12) months. Samples shall be inspected to ensure that no root bound conditions prevail and that no container plants that have cracked or broken balls of earth, when taken from containers. Plants shall be subject to inspection and approval or rejection at the project site at any time before or during progress of work, for size, variety, condition, latent defects, and injuries. Rejected plants shall be removed from the project site immediately. D. Identify plant species or varieties correctly on legible, weatherproof labels attached securely to plant before delivery to job site. Cuttings: Willow cuttings shall be taken from the site impact areas, or other site locations specified by the Engineer, prior to clearing work and furnished in quantities as shown in the construction documents. Cuttings shall be the species shown in the construction documents. Cuttings not meeting these specifications will be rejected by the Engineer. Rejected cuttings shall be replaced by the Contractor in -kind and in -size at the Contractor's expense. A. Cuttings must be planted when dormant; therefore cuttings must be taken and planted between October 15th and February 15th. If not dormant, remove all leaves from cut branches. B. Cuttings shall be dormant and between 3/8" and '/" diameter and 16 °-18" long. C. Cuttings shall be cut at a 45 degree angle on the bottom and flat cut across the top. D. Cuttings shall be stored in a cool moist place out of direct sunlight and soaked in water for five to ten (5 -10) days prior to planting. E. Cuttings shall be fresh, viable and well hydrated. Dried out cuttings will be rejected. F. If cuttings become heavily rooted and begin to sprout vegetation prior to installation the Contractor shall deliver them to a reputable native plant nursery and have them grown into a 'D -pot' or one - gallon sized container at no additional expense. Miscellaneous Materials: Materials not specifically described, but required for a complete and proper installation, shall be as selected by the Contractor subject to the approval of the Engineer. Geotextile Fabric /Erosion Control Fabric: To be supplied as specified in the construction documents, and as approved upon submittal of manufacturers materials cut sheets. 212 -1.6 Herbicides and Pesticides May 30, 2007 • • SP 18 OF 27 A. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture and the Department of Health, the Department of Industrial Relations, and all other agencies that govern the use of pesticides required in the performance of the Work on the Contract. B. Pesticides shall be limited to herbicides unless otherwise authorized by the Engineer. C. Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide or herbicide. D. The Contractor shall obtain recommendations for the use of all herbicides from a licensed Pest Control Adviser (PCA) in accordance with the requirements of the California Food and Agricultural Code, and these Specifications. E. Herbicide recommendations shall include, but not be limited to, the herbicide to be used, rates of application, methods of application, and areas to which herbicides are to be applied. At no time shall pre - emergent herbicides be used. F. Herbicides shall be mixed in accordance with the instructions provided on the applicable registered label. Prior to mixing any herbicide, a copy of the registered label for the herbicide to be mixed shall be given to the Engineer, or when such copy is unavailable, the Engineer shall be permitted to read the label on the container. G. Herbicides for weed control shall be applied with a photosensitive dye that will produce a contrasting color when sprayed upon the ground. The color shall disappear between 2 and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or animal life when applied at the manufacturers recommended application rate. H. Where control of non - native vegetation is required and the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, the Pest Control Advisor (PCA) shall recommend only those herbicides, such as AquamasterO or Rodeo@ (Glyphosate), which are approved for aquatic use. If surfactants are required, they shall be restricted to non -ionic chemicals, such as AgriDex, which are approved for aquatic use. I. Vegetation killed by herbicide shall be removed and disposed of legally off - site within 14 days." May 30, 2007 0 • SP 19 OF 27 212 -2 IRRIGATION SYSTEM MATERIALS: Delete entire section and replace with the following: All products and materials shall be of standard, approved and first grade quality and shall be new and in perfect condition when installed and accepted. 212 -2.1 Plastic Pipe and Fittings: A. All pipes shall be free of blisters, internal striations, cracks, or any other defects or imperfections. The pipe shall be continuously and permanently marked with the following information: manufacturer's name or trade mark, size, class and type of pipe pressure rating, quality control identifications and date of extrusion. B. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. C. Pressure main line piping for sizes 1 -1/4" and smaller: PVC Schedule 40 with solvent welded joints, Alert -Line pipe or approved equal. D. PVC Plastic Pipe and Fittings: UV -PVC pipe, ultraviolet resistant, for use with solvent welded threaded fittings shall be manufactured polyvinyl chloride PVC 1120 (Type I, Grade 1) conforming to ASTM D 1785, Sch. 40. Fittings shall be PVC 1120, (Type I, Grade 1) conforming to ASTM D 2246, Sch. 40. E. Pipe Connection Materials: 1. Threaded Connections: Teflon tape or approved equivalent, UL listed. 2. Solvent Weld Connections: Primer and adhesive solvent shall be type as recommended by manufacturer of pipe and fittings. All cans of solvents and primers shall have labels intact and shall be stamped with the date of /and manufacturer. No cans dated over two years old will be permitted. 212 -2.2 Valves, Valve Boxes, Wiring and Controllers: Backflow Preventor: manufacturer and size per plans. PVC ball valve with ABS handle: manufacturer and size per plans. Quick Coupling Valves: A. Quick coupling valves shall have a two -piece brass body designed for working pressure of 150 PSI, with quick coupler key and cover. Size and manufacturer, per plans. May 30, 2007 Remote Control Valves: • SP 20 OF 27 A. Remote Control Valves: Remote control valves shall be electrically operated, single seat, normally closed configuration, equipped with flow control adjustment and capability for manual operation of reclaimed water. 1. See irrigation legend on drawings for manufacturer and model type. Valves shall be wired to controller in same numerical sequence as indicated on drawings. B. Control Wiring: 1. Make connections between the automatic controller and the electric control valves with direct burial copper wire AWG- U.F. 600 volt. Pilot wires shall be a different color wire for each control valve. 2. Common wires shall be white. Install in accordance with valve manufacturer's specifications and wire chart. IN no case shall wire size be less than #14 gauge. 3. Wiring shall be installed along the same route as pressure supply or lateral lines wherever possible, and. bundled and taped to the bottom side of the pipe. 4. Where more than 1 wire is placed tape the wiring together at intervals of 10 feet. 5. Provide an expansion curl within 3 ft. of each wire connection of sufficient length at each splice connection at each electrical control, so that in case of repair, the valve bonnet may be repaired without disconnecting the control wires. Lay control wires loosely on grade without stress or stretching or control wire connectors. 6. Make all splices with water -proof Scotch -Lok connector sealing packs, Rainbird Snap -Tite wire connectors, or approved equal. Use one splice per connector sealing pack. 7. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the Landscape Architect/Project Biologist. All splices shall be housed in a circular valve box. Automatic Controller (Battery Operated): 1. Automatic controller is a new, battery operated controller mounted in the master control valve box, manufacturer and model number per plans. 2. Contractor to run wire from controller to individual remote control valves. May 30, 2007 0 0 SP 21 OF 27 3. Coordinate operation and scheduling of master valve with to run simultaneously with the three (3) individual remote control valve circuits. Control Valve Boxes: 1. Use "Carson Industries" 10" x 10 -1/4" round box for all isolation ball valves, with bolt down cover or approved equal. 2. Use "Carson Industries" 12" x 16" x 25" rectangular box for all remote control valves, with bolt down cover or approved equal. Sprinkler Heads: Manufacturer and model number per plans. Incidental Materials and Equipment: 1. Furnish all materials and equipment not specified above, which are necessary for completion of the work on irrigation system as intended and as shown in the construction documents. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: `Removal and disposal of materials 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: / /www. city. newport- beach.ca. us /GSV /Frachised %20Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials May 30, 2007 • • SP 22 OF 27 for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300 -1.6 Hazardous Materials Disposal. Trimmed -off portions of Asbestos Cement Pipe (ACP) shall be transported to the City of Newport Beach Utilities Yard for storage and ultimate disposal. Contractor shall coordinate with Engineer for arrangements with Utilities Yard. 300-4 UNCLASSIFIED FILL 300 -4.1 General. Add to this Section: An import borrow site for unclassified fill material shall be provided by the City. The borrow site shall be located within 3 miles of the project site. It shall be the sole responsibility of the Contractor to provide all required labor, equipment, materials and methods to accomplish the work in accordance with applicable grading codes, agency ordinances, these Technical Specifications, the Standard Specifications and the approved Drawings. If, in the opinion of the Geotechnical Consultant, unsatisfactory conditions, such as questionable soil, poor moisture condition, inadequate compaction, adverse weather, etc., are resulting in a quality of work less than required in these Technical Specifications, the Geotechnical Consultant will be empowered to recommend to the Engineer that the work be rejected and the construction be stopped until the conditions are rectified. 300 -12 EARTHWORK FOR GABION GRADE CONTROL AND BANK PROTECTION STRUCTURES Add to this Section: All earth work for the gabion grade control structures and other bank protection, shall be conducted as shown on the plans and per the gabion manufacturer recommendations. The City shall provide the source for any borrow soil needed for backfill around the gabion structures. Soil backfill within the baskets of the gabion structures (i.e. "Green Gabion" and "Envirologs ") shall meet the gabion manufacturer recommendations. All rock fill shall meet the gabion manufacturer recommendations. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General: Delete entire section and replace with the following: 'This section shall govern the site preparation, finish grading, planting and irrigation system construction for landscape /revegetation areas required by the construction documents. May 30, 2007 • • SP 23 OF 27 Existing utilities not designated for removal shall be protected in place. Removals shall be performed in accordance with applicable provisions of 300 -1.3. Unless otherwise provided, all construction work and grading /earthwork shall take place before and shall be installed complete in place prior to the installation of the irrigation system and/or planting." 308 -1.1 Exotics/Weed Removal: Exotics & weed removal shall be conducted by hand, and /or mechanical equipment (as approved by Engineer) during construction, but before planting. Large material, such as palms and other non - native exotic trees may be removed with a backhoe, or other mechanical equipment, as directed by the Engineer. All native vegetation must be protected during the removal process. Weedy, invasive, non - native species shall be removed at a time of year that shall not enhance erosion and such that viable weed seeds are not inadvertently sown. Contractor shall remove all weed seedlings by hand and before weeds become too large for hand removal. Protect in place all existing native plant material outside of the limits of work, and /or within the limits of work, as directed by the Engineer. 308 -1.2 Water Diversion /Dewatering: All flowing water shall be conveyed through the revegetation site by means of earthen drainage swales, designated drainage improvements and /or pumping. Water diversions and dewatering shall be temporary. Previous grades shall be restored to their preconstruction condition following completion of diversion /dewatering operations. 308 -1.3 Soils testing: At the completion of finish grading, soils within the mitigation /revegetation areas shall be tested for agricultural suitability and soil fertility, at a soils testing laboratory, prior to initiating planting and seeding operations, in coordination with the Engineer. A. All costs of soil tests shall be borne by Contractor. Soil samples shall be tested from the graded areas. Two (2) total samples required. B. Tests shall be conducted and evaluated by a qualified soils scientist such as: Wallace Laboratories, El Segundo, CA; Soil and Plant Laboratory, Santa Ana, CA; or an approved equal. Testing shall include as a minimum, measurements of salinity (ppt), soil pH, soil percolation, Sodium Absorption Ratio (SAR), and all water soluble nutrients. In evaluating soil samples, the soil scientist shall account for seasonal variation and shall recommend soil amendments appropriate for native plant growth, if any, and as appropriate to the type of vegetation to be established within the revegetation /mitigation site. A report shall be provided to the Engineer, including the results of the soils test and recommendations for soil amending, where applicable May 30, 2007 • • SP 24 OF 27 308 -1.4 Amending Site Soils: If soils analysis indicates soil amendments are necessary and is approved by the Engineer, then specified soil amendments shall be evenly spread over designated planting areas and shall be thoroughly incorporated to a uniform depth of six (6) inches by rototilling a minimum of two passes, the second pass perpendicular to the first pass. Soil amendments shall be determined by the Soils Scientist, and approved by the Engineer following analysis. All costs for additional amendments shall be considered an extra to the contract. 308 -1.5 Finish Grading: Contractor shall match existing elevations of adjacent soils and shall provide positive drainage to the maximum extent practicable. A. Compaction in top 12 inches of soil shall not exceed 75 percent. Standard proctor and compaction testing may be required by the Engineer to verify compaction standard has been achieved at Contractor's cost. B. Site soils shall be disked to a depth of 8" such that no soil clumps or rocks greater than 1" exist within areas to be planted. All disking shall conform to existing contours of the site and shall maintain existing drainage patterns. C. All undulations and irregularities in soil surface resulting from tillage, disking, and other operations shall be leveled and finish graded prior to planting. Any ponding created by grading operations shall be corrected. Final grading shall be acceptable to the Engineer before planting operations will be allowed to commence. Prior to excavation for planting, Contractor shall locate all electrical cables, conduits and all utility lines so that proper precautions may be taken not to damage such improvements. In the event of a conflict between such lines and plant location, Contractor shall promptly notify the Engineer, who shall arrange for relocation of one or the other. Failure to follow this procedure places upon Contractor the responsibility to repair damages at his own expense, which result from such work. 308 -1.6 Planting: A. The layout of locations for plant materials shall be approved on the site by the Engineer prior to plant installation. All container plants shall be set by Contractor in their final locations, as approved by the Engineer, prior to their installation and they shall, if necessary, be re- located as directed as part of contract. B. Plants shall not be allowed to dry out before or during installation. Contractor shall keep exposed roots moist by means of wet saw dust, peat moss, or burlap at all times during planting operations. Roots shall not be exposed to air except when being placed in ground. Wilted plants, improperly located or installed, whether in place or not, shall not be accepted and shall be replaced at the Contractor's expense. May 30, 2007 • • SP 25 OF 27 C. No area shall be planted where weeds are present or there is evidence that a weed crop will germinate. D. All excavated holes shall have vertical sides with roughened surfaces and shall be twice the size of the root ball. Holes shall be, in all cases, large enough to permit handling and planting without injury or breakage of root balls or roots. After holes have been dug, they are to be filled with water and allowed to drain. E. Excess soil generated from the planting holes shall be spread on the site as directed by the Engineer. Rocks and debris generated from the planting holes shall be removed from the site. F. Contractor shall protect in -place all existing native plant materials outside of the limits of work and/or as otherwise directed by the Engineer. G. Plants shall be installed at approved locations with specified existing on- site soil. The plants shall be placed in the planting pits on the backfill soil which has been hand tamped only. Fill plant pits with water and allow to completely drain, prior to the placement of the plants. After setting the plants, the remaining backfill materials shall be carefully tamped and water settled around each rootball to fill all voids. Plantings will receive no fertilizers other than amendments as specified herein, unless determined necessary by soils analysis and as approved by the Engineer. H. Each container or salvaged plant shall be placed in the center of the hole and shall be set plumb and held rigidly in position until the backfill soil has been tamped and water settled around each root ball. I. All plants shall be set at such a level that after settling they bear the same relationship to the surrounding finish grade as they bore to the soil line grade in the container (approx. 1" above finish grade at time of planting). J. Immediately after installation, Contractor shall irrigate each plant until soil around roots is moist from bottom of hole to finish grade. K. Install weed -free shredded bark mulch layer to a uniform 3" depth, in an 18" radius around base of each container plant. L. Throughout the 120 -day Plant Establishment Period, Contractor shall provide adequate irrigation to each container plant using the above ground irrigation system or by hand hose as necessary, and /or as directed by the Engineer. 308 -1.7 Cuttings: A. Rooted cuttings shall be placed in 10" deep x 2" wide holes created in "Envirologs" and "Green Gabions ", at the spacing as shown in the construction documents. Cuttings shall be pre- soaked prior to planting. Cuttings shall be backfilled with the backfill mix specified herein. Backfill soil shall be tamped down well and the cuttings watered in thoroughly. May 30, 2007 • SP 26 OF 27 308 -1.8 Seed Installation: Seed application must occur between October through February, or as otherwise directed by the Engineer. Seed shall be installed using machine hydroseed methods, or other method approved by the Engineer. A. Contractor shall protect in place all existing native plant materials adjacent to the limits of work and all newly planted container material. Contractor shall be responsible for all costs associated with the replacement of damaged existing native plant material (at a 5:1 replacement ratio) or newly planted material at a 1:1 replacement ratio. B. Prior to seed application soil surface shall be tilled and /or hand raked to create crevices in which seed will collect. C. No area located within a revegetation /mitigation area shall be seeded where weeds are present or there is evidence that a weed crop will germinate. All weeds shall be removed prior to seeding as specified herein. D. Any concentrated development of weed growth appearing in the seed mix planting areas during the 120 -day Plant Establishment Period shall be removed on a monthly basis. The Contractor shall remove such concentrations of weeds by hand. E. Seed mix shall consist of a mixture of seed and slurry components (as indicated in plant legend) 308 -1.8 Clean Up: As project progresses, Contractor shall neatly maintain all areas and remove unsightly debris. After completion, Contractor shall remove all debris and empty containers. 308 -1.10 Safety: Contractor shall be responsible for obtaining the necessary permission and follow required safety regulations when working within or adjacent to public rights -of -way and/or private property. The Contractor assumes all responsibility for the actions of his employees or representatives as they pertain to a violation of any applicable County, State, or Federal statute. 308 -1.11 As -Built Conditions: Within four (4) weeks of work completion and acceptance of site preparation and planting by the Engineer, Contractor shall furnish and submit to Engineer one (1) full scale, reproducible plan set showing all "as- built' field changes to finish grading, erosion control, irrigation, and planting for the revegetation /mitigation areas. Plan base sheet shall be provided to Contractor by the Engineer. All changes to original drawings shall be legibly drafted in India ink. All reproduction costs are considered part of contract. 308 -1.12 Maintenance: Contractor shall continuously maintain all involved planting areas of the Contract during the progress of work and during 120 -day Plant Establishment Period until final acceptance of work by the Engineer. During the initial 120 -day Plant Establishment Period, following the hydroseed application and container May 30, 2007 0 i SP 27 OF 27 plant installation, the Engineer or his designated representative, will monitor site conditions, including seed germination, container plant survival and soil erosion, to determine if the plants are becoming adequately established and to verify whether seed germination has been successful. If the hydroseed application has been successful and adequate germination occurs, then rapid seedling emergence should preclude the need to install additional erosion control devices. Potential remedial actions, if germination is not sufficient, including reseeding, installation of additional erosion control devices and follow -up weed control as directed by the Engineer. A. Planting maintenance operations shall begin immediately after all plant and seed materials are installed. Plant material shall be kept in a healthy, optimum growing condition. Plants shall not be pruned or fertilized during the 120 -day Plant Establishment Period. Pesticides and herbicides shall not be used in planting areas during the maintenance period unless approved and/or directed by the Engineer. B. Weedy, non - native species, as defined by the Engineer, may invade planting areas and become a problem before or during the establishment of native plant associations. Throughout the maintenance period, these species should be hand removed as soon as they begin to invade and before they become too large for hand extraction. C. All damage caused by the Contractor during the landscape operations as a result of malfunction of installed work during the Guarantee Period, shall be repaired at Contractor's expense. D. Maintenance of plant material shall include proper irrigation, control of weed species, and control of plant diseases animal pests (e.g., gophers, etc.). E. Project maintenance shall include all repairs to the revegetation /mitigation area caused by human activities and the repair of damage to plantings caused by animal pests or human activities. F. Hydroseed areas showing less that 15 percent germination at 4 months (i.e. end of 120 - days), as determined by the Engineer or his designated representative, and showing no signs of vandalism or erosion, shall be reseeded by the Contractor at the Contractors sloe expense. F:\Users\PBW\Shared \Contracts \FY 06- 07\BUCK GULLY WETLANDS & MAINTENANCE ROAD C- 3778\SPECS C -3778 final May 30, 2007 C� 0 CITY OF NEWPORT BEACH i U L CITY COUNCIL STAFF REPORT Agenda Item No. 9 July 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949- 644 -3330 or sluy@city.newport- beach.ca.us SUBJECT: BUCK GULLY WETLANDS MAINTEOAD REPAIRS AT 5T" STREET - AWARD OF CONTRACT N 3778 RECOMMENDATIONS: 1. Approve the drawings and specifications. 2. Award Contract No.3778 to McKenna General Engineering Inc., for the Total Bid Price of $344,823.60, and authorize the Mayor and the City Clerk to execute the contract. • 3. Establish an amount of $34,500.00 (10 %) to cover the cost of unforeseen work. 4. Approve a Budget Amendment in the amount of $136,323.60 ($68,000 from Account No. 7501- C6002001 [Ocean Birch Drive Water Main] to 7501- C5100659 [Buck Gully Wetlands Maintenance Road Repairs] and $68,323.60 from Account No. 010 -3605 [Unappropriated General Fund]) to Account No. 7014- C5100659. DISCUSSION: At 11:00 a.m. on July 12, 2007 the City Clerk opened and read the following bids for this project: TOTAL BID • * Corrected Bid Amount is $347,136.40 ** Corrected Bid Amount is $400,838,00 BIDDER AMOUNT Low McKenna General Engineering, Inc. $344,823.60 2 JMA Construction Co. *$347,135.00 3 GCI Construction Co. $397,867.00 4 Peterson -Chase General Engineering, Inc. $398,970.00 5 NCCI, Inc. *"$396,388.00 6 Bonsall Construction $404,838.00 7 S.P. Pazargad $413,827.00 • * Corrected Bid Amount is $347,136.40 ** Corrected Bid Amount is $400,838,00 BOGully Wetlands and Maintenance Road Repairs at Ostreet —Award of Contract No. 3778 July 24, 2007 Page: 2 While the low total bid amount is 38% percent above the Engineer's Estimate of $250,000, • all seven bids received are within the same range indicating that the proposed bid is reasonable. The low bidder, McKenna General Engineering Inc., possesses a California State Contractors License Classification W as required by the project specifications. A check of the Contractors references indicates it has satisfactorily completed projects of similar difficulty for other municipalities. This project accomplishes two purposes. The maintenance road leading into Buck Gully from 5"' Street and Poppy Street accesses a water main blow off in the canyon. A concrete structure (with two culverts) provides a crossing over the creek. This project will replace the concrete road cap and headwalls which have been compromised making the crossing hazardous for service vehicles. Additionally, stream erosion upstream and downstream of the road crossing, which is undercutting the road crossing headwalls as well as the channel slopes, will be repaired and stabilized. Under a Proposition 13 grant (2002) from the State Water Resources Control Board, one of the grant tasks is the creation of a wetlands area. Under this proposed project, invasive plants will be removed and native wetland plantings will be installed. The work necessary for the completion of this contract consists of two Project Phases • as follows: Project Phase 1 work includes general site preparation and construction work including mobilization, erosion control, BMP (Best Management Practice) and SWPPP (Storm Water Pollution Prevention Plan) measures, clearing and grubbing, demolition of a portion of the existing concrete "Arizona" creek crossing and existing riprap section, dewatering and surface water control, constructing headwalls and new paving cap at the existing "Arizona" crossing, constructing various rock - filled gabion grade control structures within the creek, constructing various rock and soil - filled gabion creek bank erosion protection structures, placing unclassified fill, modifying existing storm drain pipes and outfall structure, installing storm drain inserts, controlling sediment, installing erosion control fabric slope protection, providing dust control and all other work as required to bring this reach of Buck Gully into readiness to accept storm water flows. Project Phase 2 work includes installation of a temporary irrigation system, planting of native California wetland and upland plant species, including trees, shrubs, cuttings, hydro- seeding and providing other landscaping, and revegetation tasks as required to complete the project. Upon successful completion of Phase 2 a 120 -day plant establishment maintenance period will commence. After the 120 -day maintenance period, there is also an • obligatory 5 -year long -term maintenance and monitoring period, which will be handled by the City as a separate contract, not included in this current project. • • • C 0 Buds Gully wetlands and Maintenance Road Repairs at 5th Street —Award of contract No. 3778 July 24, 2007 Page: 3 Pursuant to the Contract Specifications, the Contractor will have 45 consecutive working days to complete Phase 1, site preparation and construction work. The contractor will have an additional 30 consecutive working days to complete Phase 2 of the work, including installing the irrigation system, hydro- seeding and landscaping. A total of 75 working days will be allowed for the Contract. As the work will occur in the creek bed, it is prudent to commence construction as soon as possible to reduce the chance of construction occurring during rain events. However, per the California Department of Fish and Game, construction may only commence after August 15 so as not to interfere with the gnat catcher breeding season. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities for Maintenance Road and Section 15333, Class 33 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the restoration of small habitat and allows for the stabilization of stream banks with native vegetation and bio- engineering techniques to eliminate erosion and sedimentation. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Geotechnical. Material Testing and Printing Costs: In addition to the contract costs, $5,000 in material testing is estimated for this project and $2,000 for printing and other incidentals. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount General Fund 7014- C5100659 $ 115,823.60 Contributions 7255- C5100659 67,500.00 Water Enterprise 7501- C5100659 203,000.00 Total: $ $386,323.60 Buck Gutty Wetlands and Maintenance Road Repairs at 58i Street —Award of Contact No. 3778 July 24, 2007 Page: 4 • Proposed uses are as follows: Vendor McKenna General Engr., Inc. McKenna General Engr., Inc. On —call Consultant Various Prepared by: Stephen Luy Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Purpose Construction Contract Construction Contingency Materials Testing Printing and Incidentals Total: Submitted by: Amount $ 344,823.60 34,500.00 5,000.00 2,000.00 $ 386,323.60 • r � U �m • � fAl • -4 'A, .1.1 Cy. ... ........ ... I I Vl 8 t r. S 4 N -COASTAL ZDNE- -Z- V11 MIN N NTS-0 .T.S. LOCATION MAP CITY rr, Nwr & i w BUCK GULLY WETLANDS MAINTENANCEROAD REPAIRS AT 5TH STREET C-3778 f7r- 0 �7 DRAWING RM EXHIBIT A TITLE: BUCK GULLEY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TF CONTRACT NO.: 3778 ENGINEER'S ESTIMATE:$250,000.00 PROJECT MANAGER: Stephen Luy CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: Cfly Clerks Office - City Hall DATE: 12-Jul-07 . TIME: 11:00 BY: SL CHECKED: SR DATE: 07/12/2007 As Bid Amount • • $347,135.00 Engin eers Estimate McKenna General En g. JMA Construction Co. GCI Const., Inc. ITEM DESCRIPTION UANTITY UNITS AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 5% 1 L.S. 12,885.00 12,885.00 9,000.00 9,000.00 38000.00 38,000.00 47,500.00 47,500.00 2 Erosion Control, BMP & SWWP (Project Phase 1) 3,700 S.F. 2.50 9,250.00 3.50 12,950.00 3.00 11,100.00 6.00 22, 0 3 Construction Survey Staking Proect Phase 1 1 L.S. 3,500.00 3,500.00 5,000.00 6,000.00 16000.0() 16 000,00 17,000.00 17 0 4 Clearing and Grubbing (Project Phase 1 6,100 S.F. 3.00 18,300.00 2.50 15,250.00 4.00 24,400.00 1.20 7,320.00 5 Remove Creek Crossing Concrete Pavement 220 C.Y. 5.00 1,100.00 70.00 15 400.00 145.00 31,900.00 80.00 17 600.00 6 Plug Storm Drain Pipes with PCC 5 C.Y. 300.00 1,500.001 300.00 1,500.00 600.00 3,000.00 320.00 1,600.00 7 Remove Storm Drain Pipe at Secondary S.D. 40 L.F. 25.00 1,000.00 200.00 8,000.001 75.00 3,000.00 33.00 1,320.00 8 Export Rip-Rap and Concrete from Job Site 30 C.Y. 100.00 3,000.00 150.00 4,500;00 166.00 4,980.00, 160.00 4,800.00 9 Export Earthwork 210 C.Y. 30.00 6,300.00 100.00 21 000.00 104.00 21,1540.001 85.00 17 850.00 10 Excavation 320 C.Y. 25.00 8,000.00 30.00 , 9,600.00 56.00 17 920.00 50.00 16,000.00 11 Tree Removal 2 Ea. 500.00 1 000.00 1,200.00 2,400.00 1,000.00 2,000.00 1,700.00 3,400.00 12 Creek Water Div. & Dewaterin (Pro j. Phase 1 1 L.S. 10,000.00 10,000.00 18,000.00 18,000.00 10,000.00 10 000.00 14 000.00 14,000.00 13 Gabion Installation Phase 1 58 Ea. 1 450.00 26 100.00 1,000.00 58 000.00 689.00 39,962.00 1,010.00 58,580.00 14 Envirolog Installation Phase 1 77 Ea. 225.00 17,325.00 220.00 16,940.00 142.00 10 934.00 275.00 21,175.00 15 Green Gabion Installation Phase 1 48 Ea. 250.00 12,000.001 540.00 25,920.00 291.00 13,968.00 480.00 23,040.00 16 Reno Mattress Installation Phase 1 37 Ea. 800.00 29,600.00 500.00 18,500.001 270.00 9,990.00 400.00 14,800.00 17 Unclassified Fill (project Phase1 110 C.Y. 35.00 3,850.00 100.00 11,000.001 100.00 11,000.00 50.00 5,500.00 18 Rehab. 24 -Inch RCP Storm Drain Phase1 2 Ea. 800:00 1,600.00 3,700.00 7,400.00 5,000.00 10,000.001 1,100.00 2,200.00 19 Const. Headwall Struct & Conc. Rd. Ca Phase 1 38 C.Y. 1,000.00 38 000.00 700.00 26,600.00 263.00 9,994.001 970.00 36,8 00 20 Finish Grading Phase 1 8,900 S.F. 1.30 11 570.00 0.50 4,450.00 0.50 4,450.00 1.30 11, 0 21 Temporary Irri artion System Phase 2 11,280 L.S. 0.75 8146-0-00- 1.60 18,048.00 1477 1-919-6- 5.60 1.60 18,0 .00 22 Rooted Cutting Plant Material Phase2 Willow 816 Ea. 13.00 10,608.00 20.00 16,320.00 17.00 13,872.00 20.00 18,320.00 23 One Gallon Container Stock Phase 2 568 Ea. 20.00 11,360.00 23.00 13 064.00 21.00 11 928.00 23.00 13,064.00 24 H droseed Phase 2 11 280 S.F. 0.15 1 892.00 0.22 2,481.60 0.26 2,932.80 0.25 2,820.00 25 1120-Day Plant Establishment 1 L.S. 2,000.001 2,000.001 3 500.00 3 500.00 4 000.00 4,000.00 3,300.00 3,300.00 EE 250 000.00 LOW 344 823.60 2ND 347 136.40 3RD 397 867.00 As Bid Amount • • $347,135.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT -ITLE: BUCK GULLEY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TI• BID LOCATION: City Clerk's Office - City Hall :ONTRACT NO.: 3778 DATE: 12-J"7 TIME: 11:00 :NGINEER'S ESTIMATE:$250,000.00 BY: SL CHECKED: SR DATE: 07/122007 'ROJECT MANAGER: Stephen Luy $396,388.00 Engines Estimate Peterson -Chase Gen. Eno, NCCI, Inc. Bonsall Constriction ITEM DESCRIPTION 21JANTITY UNITS AMOUNT UNIT I AMOUNT UNIT I AMOUNT UNIT AMOUNT 1 Mobilization 5% 1 L.S. 12,885.00 12,885.00 30,000.00 30,000.00 12,000.001 12,000.00 86400.00 86,400.00 2 Erosion Control, BMP & SWWP (Project Phase 1 3,700 S.F. 2.50 9,250.00 3.00 11,100m 5.00 18,500.00 0.60 2,220.00 3 Construction Survey Staking Proect Phase 1 1 L.S. 3,500.00 3500.00 8,000.00 8,000.00 13,000.00 13,000.00 18,000.00 18,000.00 4 Clearing and Grubbin (Project Phase 1 6,100 S.F. 3.00 181300.00 2.50 15,250.00 1.00 6,100.00 0.90 5,490.0 5 Remove Creek Crossing Concrete Pavement 220 C.Y. 5.00 1,100.00 80.00 17 600.00 70.00 15,400.00 84.00 18,480. 6 Plug Storm Drain Pipes with PCC 5 C.Y. 300.00 1,500.00 500.00 2,500.00 1,000.00 5 000.D0 360.00. 1,800, 7 Remove Storm Drain Pipe at Secondary S.D. 40 L.F. 25.00 1,000.00 45.00 1,800.00 75.00 3,000.00 36.00 1,440.00 8 Export Rip-Rap and Concrete from Job Site 30 C.Y. 100.00 3,000.00 90.00 2,700.00 150.00 4,500.00 132.00 3,980.00 9 Export Earthwork 210 C.Y. 30.00 6,300.00 50.00 10 500.00 35.00 7,350.00 90.00 18,900.00 10 Excavation 320 C.Y. 25.00 8,000.00 180.00 57,600.00 45.00 14,400.00 57.60 18,432.00 11 Tree Removal 2 Ea. .500.00 1,000.00 700.00 1,400.00 500.00 1,000.00 1,800.00 3,600.00 12 Creek Water Div. & Dewaterin Pro'. Phase 1 1 L.S. 10 000.00 10,000.00 10,000.00 10,000.00 30,000.00 30,000.00 12,000.00 12,000.00 13 Gabion Installation Phase 1 58 Ea., 450.00 26 100,00 625.00 36,250.00 750.00 43 500.00 660.00 38 280.00 14 Envirolog Installation Phase 1 77 Ea. 225.00 17 325.00 400.00 30,800.00 430.00 33 110.00 336.00 25 872.00 15 Green Gabion Installation Phase 1 48 Ea. 250.00 12 000,00 550.00 28 400.00 500.00 24,000.00 504.00 24,192.00 16 Reno Mattress Installation Phase 1 37 Ea. 800.00 2000.00 500.00 18 500.00 600.00 22,200.00 636.00 23,532.00 17 Unclassified Fill (project Phase1 110 C.Y. 35.00 3,850.00 75.00 8,250.00 75.00 8,250.00 60.00 6,600.00 18 Rehab. 24 -Inch RCP Storm Drain Phase1 2 Ea. 800.00 1,600.00 3,800.00 7,600.00 3,000.00 6,000.00 600.00 1,200.001 19 Const. Headwall Struct. & Conc. Rd. Ca Phase 1 38 C.Y. 1,000.00 38,000.00 1,000.00 38 000.00 1,100,00 41 800.00 480.00 18 240.00 20 Finish Grading Phase 1 8,900 S.F. 1.30 11,570.00 1.00 8,900.00 4.00 35 600.00 1.80 16 020.00 21 Temporary Irrl artion System Phase 2 11,280 L.S. 0.75 8,460.00 2.00 22 560.00 2.00 22 560.00 1.89 19 086.00 22 Rooted Cutting Plant Material Phase2 Willow 816 Ea. 13.00 10 608.00 14.00 11 424.00 18.00 14,668.00 21.60 17,625. 23 One Gallon Container Stock Phase 2 568 Ea. 20.00 11,380.00 18.00 10,224.00 22.00 12,496.00 25.20 14 313. 24 H droseed Phase 2 11 280 S.F. 0.15 1,692.00 0.40 451200 0.30 3,384.00 0.24 2,707.20 25 120 -Da Plant Establishment 1 L.S. 2,000.001 2000.001 7.100.001 7 100.00 3,000.001 3,000.001 6,000,00, 6,000.00 EE 1 250!000.001 4TH 1 398,970.001 5TH I 400,838.DOI 6TH 1 404 390.40 $396,388.00 TITLE: BUCK GULLEY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5Th CONTRACT NO.: 3778 ENGINEER'S ESTIMATE:$250,000.00 PROJECT MANAGER: Stephen Luy CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: C_ ity Clerk's Office - City Hall DATE: 12JuP07 TIME: 11:00 BY: SL CHECKED: SR DATE: 07112/2007 • • �J Enoineers Estimate S.P. PazarMg ad En g. Const. ITEM DESCRIPTION UANTITY UNITS AMOUNT UNIT AMOUNT 1 Mobilization 5% 1 L.S. 12,685.00 12,885.00 45 000.00 45,000.00 2 Erosion Control, BMP & SWWP (Project Phase 1 3,700 S.F. 2.50 9,250.00 13.00 48,100.00 3 Construction Survey Staking Proect Phase 1 1 L.S. 3,500.00 3,500.00 30,000.00 30,000.00 4 Clearing and Grubbing (Project Phase 1 6,100 S.F. 3.00 18 300.00 2.00 12,200.00 5 Remove Creek Crossing Concrete Pavement 220 C.Y. 5.00 1,100.00 110.00 24 200.00 6 Plug Storm Drain Pipes with PCC 5 C.Y. 300.00 1,500.00 375.00 1,875.00 7 Remove Storm Drain Pipe at Secondary S.D. 40 L.F. 25.00 1,000.00 20.00 800.00 8 [Export Rip-Rap and Concrete from Job Site 30 C.Y. 100.00 3,000.00 55.00 1,650.00 9 Export Earthwork 210 C.Y. 30.00 6,300.00 45.00 9,450.00 10 Excavation 320 C.Y. 25.00 8,000.00 19.00 8 080.00 11 Tree Removal 2 Ea. 500.00 1,000.00 1,750.00 3,500.00 12 Creek Water Div. & Dewaterin Pro'. Phase 1 1 L.S. 10,000.00 10 000.00 25,000.00 25,000.00 13 Gabion Installation Phase 1 58 Ea. 450.00 28,100.00 530.00 30,740.00 14 Envirolog Installation Phase 1 77 Ea. 225.00 17,325.00 440.00 33,880.00 15 Green Gabion Installation Phase 1 48 Ea. 250.00 12,000.00 440.00 21,120.00 16 Reno Mattress Installation Phase 1 37 Ea. 800.00 29,600.00 294.00 10 878.00 17 Unclassified FIII (project Phase! 110 C.Y. 35.00 3.B50.00 28.00 3,080.00 18 Rehab. 24 -Inch RCP Storm Drain Phase! 2 Ea. 800.00 1,600.00 1,200.00 2,400.00 19 Const. Headwall Struct, & Conc. Rd. Ca Phase 1 38 C.Y. 1,000.00 38,000.00 600.00 2-2,80-0.0-0- 20 Finish Grading Phase 1 8,900 S.F. 1.30 11,570.00 1.10 9,790.00 AOL 21 Temporary Irri artlon System Phase 2 11,280 L.S. 0.75 8,460.00 2.25 25,380.00 22 Rooted Cutting Plant Material (Phas e2 Willow 816 Ea. 13.00 10,608.00 20.00 16,320.00 23 One Gallon Container Stock Phase 2 568 Ea. 20.00 11,380.00 25.00 14,200.00 24 H droseed Phase 2 11 280 S.F. 0.15 1,892.00 0.30 3,384.00 25 120 -Da Plant Establishment 1 L.S. 2,000.00 2 000.00 12 000.00 12 000.00 EE 250 0)0.001 7TH 413 827.00 • • �J ACT ON N X SOURCE: X X C* of Newport Beach• NO. BA- 08BA -004 BUDGET AMENDMENT 2007 -08 AMOUNT: $13s,3z3.so BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer and increase expenditure appropriations for the Buck Gully Wetlands Maintenance Road Repair project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Signed: t • bj5Wncial Ap rova : Admi . t ' Sec ices D Administrative Appr val: City Manager Amount Debit Credit $68,323.60 $68,323.60 $68,000.00 7 - /G -o7 Date signed: City Council Approval: City Clerk Date Description Division Number 7014 General Fund - Miscetlaneous & Studies Account Number C5100659 Buck Gully Restoration Division Number 7501 Water Fund - Capital Project Account Number C6002001 Ocean Birch Drive Water Main Division Number 7501 . Water Fund - Capital Project Account Number C5100659 Buck Gully Restoration Division Number Account Number Division Number Account Number Signed: t • bj5Wncial Ap rova : Admi . t ' Sec ices D Administrative Appr val: City Manager Amount Debit Credit $68,323.60 $68,323.60 $68,000.00 7 - /G -o7 Date signed: City Council Approval: City Clerk Date OCT 2) A 2 ,106 G3'11� N11094MI) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949-644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5' STREET — REJECT BIDS FOR CONTRACT NO. 3778 RECOMMENDATION: Reject the sole bid. DISCUSSION: At 2:00 p.m. on October 12, 2006 the City Clerk opened and read the following bids for this project: BIDDER Low G.C.I. Construction, Inc. BIDDER Low G.C.I. Construction, Inc. BIDDER Low G.C.I. Construction, Inc. BASE BID AMOUNT '$359,350.59 * Corrected Bid Amount is $359,305.50 ADDITIVE BID AMOUNT $ 20,000.00 TOTAL BID AMOUNT $379,305.50 The corrected low total bid amount is 287% above the Engineer's Estimate of $122,000. The disparity between the estimate and the actual bid price reflects the specialized work involved, limited number of contractors able to bid, and concerns about how construction might be impacted by the rainy season. The low bidder, G.C.I Construction, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. The Contractor has satisfactorily completed similar projects for the City of Newport Beach. Project Description: A maintenance access road leads into Buck Gully near the intersection of 5t' Avenue and Poppy Avenue. At the canyon bottom, there is a roadway crossing a creek that is severely degraded and the crossing must be used cautiously. Immediately upstream and downstream of the roadway crossing, the streambed has experienced significant Buck oettands and Maintenance Road Repairs at 5' Sf0- Reject Bids for Contract No. 3778 October 24, 2006 Page: 2 . erosion due to the overall erosion of Buck Gully that has occurred over the past 15 years. The proposed design includes installation of gabion drop structures to stabilize the creek bed and to create wetland areas. The design calls out for roadway headwalls, roadway cap and storm drain culverts to be replaced or refurbished. The project requires permits from the Army Corps of Engineers, Regional Water Quality Control Board and California Department of Fish and Game. These permit applications have been submitted, however, agency permits and approvals have not yet been received. The" project falls outside the jurisdiction of the California Coastal Commission. The area does fall within the Natural Communities Conservation Planning (NCCP) area and the NCCP administrator, the Nature Reserve of Orange County, has been notified about this proposed project. The project is broken down into two phases as described below: • Phase 1 includes repair of the existing concrete "Arizona" roadway creek crossing, repair of the culverts running under the crossing, stabilization of the creek bed with gabion drop structures, and creation of wetland areas upstream and downstream of the crossing. • Phase 2 includes installation of a temporary irrigation system, planting of native California wetland and upland plant species, including trees, shrubs, cuttings, hydroseeding and providing and all other landscaping and revegetation tasks as required to complete the project. The roadway and wetlands construction tasks pose some difficulties as much of the work will occur in the creek bed necessitating surface water control and dewatering. Water quality protection measures will need to be implemented during the duration of the project. In addition to difficulties that could be triggered by the approaching rainy season, construction prohibitions exist from April 1 to September 30 to accommodate the nesting season for certain endangered bird species. Therefore, October 1St would have been the best time to begin this construction to try to avoid these impacts. Per the Contract Specifications the Contractor would have 75 consecutive working days to complete the work. Funding from the Buck Gully Restoration grant provides $85,000 for this project. $17,000 has already been spent on engineering design services. It is likely that the grant funds will be lost as the project will now not be built before the grant deadline of March 31, 2007. Staff will recommend that construction funding be included in next fiscal years CIP. The project would be rebid in July 2007 so that construction could begin on October 1St. Staff expects that more contractors will bid on the project if the construction is less likely to be impacted by the rain season, and that the cost for the project will be significantly below the GCI bid. Buc Wetlands and Maintenance Road Repairs at Reject Bids for Contract No. 3778 October 24, 2006 Page: 3 Funding Availability: The following funds are currently available for the project: Account Description Account Number Amount General Fund 7014- C5100659 $48,160 Environmental Contributions 7255- C5100659 $68,000 Total: $116,160 Clearly there are insufficient funds available to fund the project as bid. Prepared by: Submitted by: Robert 9tein Stephen G. d m Principal Civil Engineer Public Works Director Attachments: Project Location Map Bid Summary is '?r �I N.T.S. C -3778 CITY OF NEWPORT BENCH "—�` -_ „_o PUBLIC WOM DCPAR°rMW BUCK GULLEY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5 T" ST. ommus too. EXHIBIT A TITLE: Buck Gulley Water Quality Wetlands and Maintenance Road CONTRACT NO.: C4778 ENGINEER'S ESTIMATE: $122,000.00 PROJECT MANAGER: Stephen Luy CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - City Hall DATE: 12 -Oct -06 TIME: 2:00 P.M. BY: Stephen Luy CHECKED: Shari Rooks DATE: 12 -Oct -06 As Bid Amt. Corrected Bid Total 359,350.59 Additive Bid Items Engineer's Estimate G.C.I Construction ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT 1 Mobilization 5%) 1 L.S. 7,259.00 7,259.00 29,000.00 29,000.00 2 Erosion Control, BMP & SWWP Phase 1) 7,040 S. F. 0.50 3,520.00 3.20 22,528.00 3 Construction Survey Staking Project Phase 1 L.S. 2,500.00 2,500.00 4,000.00 4,000.00 4 Clearing and Grubbing Project Phase 1 3,800 S.F. 2.00 7,600.00 3.00 11,400.00 5 Remove Creek Crossing Concrete Pavemeni 560 C.Y. 10.00 5,600.00 5.00 2,800.00 6 Plug Storm Drain Pipes with PCC 5 C.Y. 300.00 1,500.00 320.00 1,600.00 7 Remove Storm Drain Pipe at Secondary SD 40 L. F. 15.00 600.00 33.00 1,320.00 8 1 Export Rip-Rap and Concrete from Job Site 37 C.Y. loo.00l 3,700.00 120.00 4,440.00 9 Export Earthwork 210 C.Y. 30.00 6,300.00 40.00 8,400.00 10 Excavation 320 C.Y. 25.00 8,000.00 20.00 6,400.00 11 Tree Removal 2 Ea. 200.00 400.00 600.00 112-0-0,00 12 Creek Water Diversion and Dewaterin P -1 1 L.S. 5,000.00 5,000.00 15000.00 15,000.00 13 Gabion Installation Phase 1 34 Ea. 400.00 13 600.00 900.00 30 600.00 14 Envirolog Installation Phase 1 68 Ea. 135.00 9,180.00 600.00 40,800.00 15 Green Gabion Installation Phase 1 36 Ea. 225.00 8,100.00 800.00 28,800.00 16 Reno Mattress Installation Phase 1 12 Ea. 200.00 2,400.00 1,600.00 19,200.00 17 Unclassified Fill (project Phase1 110 C.Y. 20.00 2,200.00 35.00 3,850.00 18 Rehabilitation of 24 -Inch RCP SD P -1 2 Ea. 1,000.00 2,000.00 800.00 1,600.00 19 Const. Headwall Struct. and Cone. Road Cal 40 C.Y. 400.00 16,000.00 1,500.00 60,000.00 20 Finish Grading Phase 1 7,050 S. F. 0.15 1,057.50 1.30 9,165.00 21 Temporary Irrigation System Phase 2 1 L.S. 5,600.00 5,600.00. 31,000.00 31,000.00 22 Rooted Cutting Plant Mat. Phase2 Willow 816 Ea. 4.00 3,264.00 13.00 10,608.00 23 One Gallon Container Stock Phase 2 585 Ea. 5.00 2,925.00 20.00 11,700.00 24 H droseed Phase 2 12,630 S. F. 0.15 1,694.50 0.15 1,894.50 25 120 -Da Plant Establishment 1 L.S.1 1,800.00 1,800.00 2000.00 2 000.00 Total Bid Base I EE 122 000.00 LOW 359,305.50 As Bid Amt. Corrected Bid Total 359,350.59 Additive Bid Items QUANTITY UNIT AMOUNT UNIT AMOUNT AB1 Inte ral Color Concrete Headwall & Ca 1 LS 25DD.00 2500.00 5 OOO.DD 5 DD0.00 AB2 Provide Stone /Coble Texture for Headwall 1 LS 5000.00 5,000.00 15,000.00 15,000.00 Total Additive Bid Total Bid' EE 1 22222 LOW 20 000.00 EE 129 500.00 LOW 379 305.50 fWsems pbwlsharedkontract100- 01 UBID SUMMARY Page 1 �1 L_J P