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Home My WebLink AboutC-5954 - Bayside Drive Storm Drain Litter Removala cyt FOR�,`P June 23, 2016 Clarke Contracting Corporation Attn: Brian A. Clarke 4646 Manhattan Beach Boulevard Lawndale, CA 90260 CITY CLERK'S OFFICE Leilani Brown, MMC Subject: Bayside Drive Storm Drain Litter Removal — C-5954 Dear Mr. Clarke: On June 23, 2015, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 30, 2015 Reference No. 2015000339242. The Surety for the contract is Federal Insurance Company and the bond number is 8238-53-74. Enclosed is the Faithful Performance Bond. Sincerely, wg� 4- . Leilani I. Brown, MMC City Clerk Enclosure 106 Civic Center Drive + [lost Office Box 1768 e Newport Beach, Califoniia 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 4 www-newportbeachca.gov EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 8238-53-74 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,953.00 being at the rate of $ va es thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Clarke Contracting Corporation hereinafter designated as the "Principal; a contract for the work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing hardscaping, storm drain pipe, pavement and landscape as needed for contract work; (4) installing hydrodynamic separation units including manholes (5) modifying existing irrigation system, (6) sidewalk/ driveway and curb restoration; (7) landscape restoration (8) adjusting utility facilities as needed for new work; and (9) other incidental terns to be completed in work place required by the Plans and Specifications, In the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Federal Insurance Company duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Twenty Eight Thousand One Hundred Dollars and 00/100 ($328,100.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns; fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount ad in this Performance Bond, there shall be included costs and reasonable Clarke Contracting Corporation Page B-1 expenses and fees, including reasonable attorneys fees, incurred by City, only in the event 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 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 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 2nd day of February 2015 Clarke Contracting Corporation Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Mountain View Road, Warren NJ 07059 Address of Surety (908)903-2000 Telephone l� -Brian A. Clarke Authorized Signature/Tide Pres. Authori Agent ignature Douglas A. Rapp, Attorney in Fad Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST REATTACHED Clarke Contracting Corporation Page 7-2 A Notary Public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California County of Orange ) on 02/02/2015 before me, Debra Swanson, (Votary Public (insert name and title of the officer) personally appeared _ Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(,d) whose name(so is/are subscribed to the within instrument and acknowledged to me that he%heilhey executed the same in his/heFftheir authorized capacity(ie*, and that by hisAlierAheir signature($) on the instrument the person($), or the entity upon behalf of which the person(yl) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature In,eC�k < DEBRASWANSON ev COMM. # 1997119 X NOTARY PUBLIC -CALIFORNIA Qe ORANGE COUNTY N MY COMM, EXR NOV 10, 5016 (Seal) KI Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road �iuuu Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, each as their true and lawful Attorney- in- Fact to exedute under such designation in thea names and to affix their corporate Seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course Of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In IMmess Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested meas presents and affixed their corporefe seal$ on this 16th day of December, 2011. � 4em,th(,. wendal, AsshsaM Secretary ::::N=,, Jr„ Vice President STATE OF NEW JERSEY - County ofSomerset SS' On this 16th day of December, 2011 before me, a Notary public W New Jersey, personalty came Kenneth C. Wendel, to me known to be ASSIS(arhl Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies Which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary M FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and mat he signed mid Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., Subscribed to said Power M Attorney Is in the genuine handwriting of David B. Noms, Jr., and was thereto subscribed by authority of said Ily- Laws and in deponent's presence. Notarial Seal J. KATNERINE J. ADEIAAR �Ao NOTgRy FUIBUC OF NEW JFRSF4 Ne. 2316685 �jul mWO" &trpinaJuly tb, ZOiA _7 'bFW JEP Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: -All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, ether by the Chairman or the President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designattons, The signature of such officers may be engraved, printed or lithographed The signature of each of the fogowahg off,am Chairman, President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of atomay or to any cemfsate relating thereto appointing Assistant Secrehnes or Attorneys- in. Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power or attorney or certificate bearing such facsimile signature or facsimile seal shall be vend and binding upon the Company and arty such Power so executed and'cemfied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond Of undertaking to which it is attached - I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companlesl do hereby cemty that (i) the foregoing extract of the By- laws of the Companies is true and coast (i) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin islands, and Federal is licensed in American Samoa, Guam, and earn of the Provinces of Canada except Prince Edward Island: and (iii) the foregoing Power of Attorney is true, correct and in full force and effect - Given under my (rand and MIS OF Said Companies at Warren, NJ this 2nd day of February, 2015. t • r Kenneth C. wattles, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903. 3656 e -Mail* suretychubb oom Form 15.10.0225& U (Ed. 5- 03) CONSENT CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On February 4 2015 before me, Ann A. Takahashi Notary Public Date Name, Title of Officer (Notary Public) personally appeared Brian A. Clarke who proved tome on the Name(s) of Signers) 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 by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public ANN A. TAKAHASHI Commisaion 1112007993 Notary Public - California Z los Aniteles County My Comm. Expires Feb 17, 2017 (Notary Seal) ----------------------------------------------------- OPTIONAL ------------------ ------------------------------- Although the information requested below is OPTIONAL, it could prevent fraudulent reattachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIMTED _ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) _ GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Persons) or Entity(ies) Clarke Contracting Corporation DESCRIPTION OF ATTACHED DOCUMENT City of Newport Beach Faithful Performance Bond Bayside Drive Storm Drain Litter Removal Contract No. 5954 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC September 4, 2015 Clarke Contracting Corporation Attn: Brian A. Clark 4646 Manhattan Beach Boulevard Lawndale, CA 90260 Subject: Bayside Drive Storm Drain Litter Removal C-5954 Dear Mr. Clarke: On June 23, 2015 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 30, 2015, Reference No. 2015000339242. The Surety for the bond is Federal Insurance Company and the bond number is 8238-53-74. Enclosed is the Labor & Materials Payment Bond. Sincerely, r WYlll, - Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 8238-53-74 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Clarke Contracting Corporation hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing hardscaping, storm drain pipe, pavement and landscape as needed for contract work; (4) installing hydrodynamic separation units including manholes (5) modifying existing irrigation system, (6) sidewalk/ driveway and curb restoration; (7) landscape restoration (8) adjusting utility facilities as needed for new work; and (9) other incidental items to be completed in work place required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that 9 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, _ Federal Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Twenty Eight Thousand One Hundred Dollars and 00/100 ($328,100.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit Is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Clarke Contracting Corporation Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 2nd day of February , 2015 . Clarke Contracting Corporation Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (908)903-2000 Telephone L-Brian A. Clarke Authorized SignaturefTitle Pres. jk'/'a-4' Autho ' d Agent Signature Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED Clarke Contracting Corporation Page A-2 A Notary Public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California County of Orange On 02/02/2015 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(,,!) whose name($) isfare subscribed to the within instrument and acknowledged to me that he/the" executed the same in hisA*FAgeir authorized capacity(ie*, and that by hisihaFAhek signature(05 on the instrument the person(g), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . o.,„, DERRA SwANSON n COMM. # 1997119 X NOTP.RYPUBLICGCALIFORNIA;U ORANGE COUNTY N Signature W�:o,;�� (Seal) MYC9MM,EXP,NQVto,201G Chubb PUVVER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Iri Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 oNu� Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, ------------------------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or othervdse, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given a executed in the course of business, and any instruments amending or altering the same, and Consents to the modification or alteration of any instrument referred to in said bonds or obligations. In whims Whemot, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed theircorporate seals on this 16th dayof December, 2011. Kenneth C. Wendel. Assistant Secretary 1 Nonis, Jr., Vice President STATE OF NEW JERSEY County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of saitl Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Naris, Jr., and was thereto subscribed by authority at said By - Laws and in deponent's presence. .Notarial Seel KATHERINE I ADELAAR a NOTARY PUBLIC OF NEW JFRSFI/��No. 2316685 CSO^ 50irm July 1A, 2014 blic CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and'cemfied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companlesy do hereby certify that (i) the foregoing extract of the By- Laws of the Companies Is true and coned, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the Disbud of Columbia and are authorized by the U.S. Treasury Department fuller, Federal and Vigilant are licensed in Puerto Rim and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces at Canada except Prance Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seats of said Companiesat Warren, NJ this 2nd dayof February, 2015. Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3556 e-mails Form 15.1 D- 0225& U (Ed. 5- 03) CONSENT CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On _ February 4. 2015 before me, Ann A. Takahashi, Notary Public Date Name, Title of Officer (Notary Public) personally appeared Brian A. Clarke who proved to me on the Name(s) of Signer(s) 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 by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public ANNATAKAHASHI Commission i 2007883 Notary Public - Calilorele =Los Angeles Coolly OMV Comm. Rakes Feb 17.2017 + (Notary Seal) ----------------------------------------------------- OPTIONAL ----------------------- ------------------------- Although the information requested below is OPTIONAL, it could prevent fraudulent reattachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIMTED GENERAL _ ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Peraon(s) or Entity(ies) Clarke Contracting Corooration DESCRIPTION OF ATTACHED DOCUMENT City of Newport Beach Labor and Material Bond Bayside Drive Storm Drain Litter Removal Contract No. 5954 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in official Records, orange County Hugh Nguyen, Clerk-Reclordllllllll'IIIII IIIIII�I NO FEE I IIII I ,III'! 1 III i�lll I�III koo IIIII76 ILII III�S�IIII 4I 2 5 *� 2015000339242 6:06 am 06130115 47 411 N12 1 0.00 0.00 0.00 0.00 0.04 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION ea1-0 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center fffnue, Newport Beach, California, 92660, as Owner, and Clarke Contracting Corporation- of „ Lawndale, CA, as Contractor, entered into a Contract on February 10;,;20._16. paid Contract set forth certain improvements, as follows: Bayside Drive Storm Drain Litter Removal - C-5954 w Work on said Contract was completed, and was found to be acceptable on June 23, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Federal Insurance Company. i BY C Public orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is 'true and correct to the best of my knowledge. Executed on V UY�� at Newport Beach, California. BY Ar r M ; bnov—_ City Clerk a U -. e k`CgCrFORNNP" June 24, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC RE: Notice of Completion for the following projects: • Bayside Drive Storm Drain Litter Removal - Contract No. 5954 • Sunset View Park - Contract No. 5443(A) • Traffic Signal Modernization Phase 6 - Contract No. 5442 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sinc%%er��elly, ,�� Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 . Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Clarke Contracting Corporation of Lawndale, CA, as Contractor, entered into a Contract on February 10, 2015. Said Contract set forth certain improvements, as follows: Bayside Drive Storm Drain Litter Removal - C-5954 Work on said Contract was completed, and was found to be acceptable on June 23, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Federal Insurance Company. M. s Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V iAnf d-'1:�iJ� at Newport Beach, California. BY A �IW - hm� City Clerk s City Clerk CITY OF NEWPORT BEACH C.i NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Until 10:00 AM on the 14th day of January, 2015, at which time such bids shall be opened and read for BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 $ 330,000.00 Engineer's Estimate Approved by ark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at(949)548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. "A" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: h[ti2://www.Newport6eachCA.gov CLICK: Online Services/Bidding & Bid Results City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER.. ........ ............... ............ .......... ...... ....... ........ 21 CONTRACT.................................................................................................................. 22 INSURANCE REQUIREMENTS ............. ........... ................ ................................... A-1 LABOR AND MATERIALS PAYMENT BOND .... ...... ................. ........ ............ ........ B-1 FAITHFUL PERFORMANCE BOND.................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 GEOTECHNICALREPORT........................................................................................ G-1 2 City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code - including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq, of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 325994 A,B, & Haz. Contractor's License No. & Classification Clarke Contracting Corporation Bidder -Brian A. Clarke Authorized Signature/Title President January 13, 2015 Date 0 City of Newport Beach BAYSIDE DRiVE STORM DRAIN LITTER REMOVAL Contract No. 5954 i3IDDER'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, ih the principal sum of Ten percent of the total amount of the bid dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL, Contract No. 5954 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond, Witness our hands this 9th day of January , 2015. Clarke Contracting Corporation Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (908)903-2000 Telephone ��. -Brian A. Clarke, President Authorized Signature/Title uthorized nt-Sig ure -- Timothy D. Rapp, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & SUrL2tV must be attached) 5 j A Notary Public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California County of Orange ) On janijar; A, 2n15 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the person($) whose name(je) isAw.& subscribed to the within instrument and acknowledged to me that he/eheft*" executed the same in his/#er#I e&W authorized capacity(i*, and that by hiSAheF hail signature(y) on the instrument the person(,g), or the entity upon behalf of which the person(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �,3-OFTH� DEBRA SWANSON COMM. # 1997119 X w wes o NOTARY PUBLIC -CALIFORNIA ;U ORANGE COUNCn TY Signature `�C1L'" (Seal) ° MY COMM, EXP, NOV 10, 2016 C Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY oNuss Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California --------------------------------------------------------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. _Notarial Seal J. ADc KATHERINE J. ADELAAR ZARY`� NOTARY PUBLIC NEW JEk$Fl Nn, 231616 6@5 g��G ComM"On Expires July 18, 20W a� Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and,certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department, further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 9th day of January, 2015 y J Wae°xy 'lamo �OIANPNFWYOp�' Kenneth C. We del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: Buret chubb.com Form 15-10- 022513- U (Ed. 5- 03) CONSENT CERTIHCATE OF ACKNOWLEDGMENT State of California County of Los Angeles On January 13, 2015 before me, Kelli J. Meier, Notary Public , Date Name, Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Brian A. Clarke who proved to me on the Name(s) of Signer(s) 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 by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig f Notary Public KELLI J. MEIER Coawnission #t 1994684 it Notary Public - California D Ila Los Angeles County My Comm. Ex fres Oct 20, 2016 (Notary Seal) OPTIONAL------------------------------------------- Although the information requested below is OPTIONAL, it could prevent fraudulent reattachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIMTED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation SIGNER(S) OTHER THAN NAMED ABOVE DESCRIPTION OF ATTACHED DOCUMENT Bayside Drive Storm Drain Litter Removal Contract No. 5954 City of Newport Beach Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid item Description of Work % of Number Total Bid Name: 6m�5e L.rRn sUY✓g.yl� Address: (/ (q /U , Eck [,W ff $ {yee nY &t ? 1 I Phone: C 4,V—�l State License Number: LSLI Email Address: C J 5r ��k3e�a r R Name: Address: Phone: State License Number: Email Address: Name: — Address: Phone: State License Number: Email Address Clarke Contracting Corporation Bidder E:7 —7-1-7_ _ Brian A Clarke Authorized Signature/Title President Signature/Title President City of Newport Beach Contract No. 5954 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Clarke Contracting Corporation 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 Hyperion Treatment Plant Chemical Line Upgrades Project Description Chemical Line Upgrades Approximate Construction Dates: From 6/25/13 1/3/14 Agency Name City of Los Angeles Environmental Engineering Division G Contact Person Richardo Acosta Telephone (319 648-3227 Original Contract Amount $778,268 Final Contract Amount $ 778, 268.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A R No. 2 Project Name/Number Mulholland Drive Project Description Berm Repair and Replacement Approximate Construction Dates: From 4/1/14 To: 5/9/14 Agency Name City of Los Angeles Board of Public Works Contact Person Gene N. Edwards Telephone (213) 847-0463 Original Contract Amount $537,522 Final Contract Amount $ 537,522-00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 3 Project Name/Number Mulholland and Jennings Drives Project Description Bulkhead Construction Approximate Construction Dates: From 1/8/14 To: 6/6/14 Agency Name City of Los Angeles Board of Public Works Contact Person Gene N. Edwards Telephone (21) 847-0463 Original Contract Amount $857,453 Final Contract Amount$ 857,453.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Sewer Lift Station Bypass Valve Replacement Project Description 4 Lift Station Bypass Valve Replacement- Manhattan Beach Approximate Construction Dates: From 3/18/14 To: 3/28/14 Agency Name City of Manhattan Beach Contact Person Raul Saenz Telephone (319 802-5315 Original Contract Amount $ 58,092 Final Contract Amount $ 581_092. 00 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. N/A No. 5 Project Name/Number Mulhulland Drive Emergency Pump Station Project Description Rebuilt mechanical portion of pump station Approximate Construction Dates: From 5/16/13 To: 6/24/13 Agency Name Los Angeles County Department of Public Works Contact Person Jeff Bouse Telephone (62C 300-3373 Original Contract Amount $126, 700. �i al Contract Amount $ 126, 700.44 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly ex lain and indicate outcome of claims. N/A 11 No. 6 Project Name/Number Hillcrest Drive Slope Repair Project Description Landslide Repair Approximate Construction Dates: From _10/15/12 5/7/14 Agency Name City of Los Angeles Bureau of Engineering Contact Person Gene N. Edwards Telephone (21) 847-0463 Original Contract Amount $�,804,03Final Contract Amount $ 4,804,039.20 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. - PLEASE SEE ATTACHED COMPLETE LIST. 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. Clarke Contracting Coporation Bidder 12 -Brian A. Clarke Authorized Signature/Title resident Q CLARKE CONTRACTING CORP. Project Name Agency Contract $ Start Contact Person Change Order $ Complete Puddingstone Pump Station County of Los Angeles $ 84,561.62 3/24/09 Robert Schwartz Frank G. Bonelli Park Dept. of Public Works 4/10/09 T 626 300-2319 Sewer Maintenance 1000 S. Fremont Ave., 4th Floor Alhambra, CA 91803 Sleepy Hollow Slope Repair Project City of Glendale $ 255,762.90 4/20/09 Kevin C. Carter, P.E. 633 E. Broadway, Room 305 6/11/09 T: 818 548-3945 Glendale, CA 91206-4388 F: 818 242-7087 Las Flores Canyon Road County of Los Angeles $ 490,069.27 6/29/09 Abigail Flores Storm Damage Repair Dept. of Public Works 8/19109 T: 626 458-3517 900 S. Fremont Ave. F: 626 458-2197 Alhambra, CA 91803 Raymond & Esther Kabbaz High Le Lycee Francais de Los Angeles $ 122,335.00 5/3/09 Timothy Tucker School 3261 Overland Boulevard 6/15/09 West Cal Const. Sewer Repair Los Angeles, CA 90034 T: 310 533-5078 F: 310 533-5187 Steele Avenue Sewer Repair County of Los Angeles $ 121,883.64 8/31/09 Fernando Villaluna Emergency Sewer Repair Dept. of Public Works 10/16/09 T: 626 300-3380 Sewer Maintenance 1000 S. Fremont Ave., 4th Floor Alhambra, CA 91803 722 E. 41st Place City of Los Angeles $ 209,135.52 9/10/09 Jon Haskett Emergency Sewer Repair 1149 S. Broadway 10/8/09 T: 213-485-5864 Los Angeles, CA 90015 F: 213-485-5903 Fiscal 2009-10 Emergency Sewer & City of Glendale $ 98,540.00 10/26/09 Troubik Golanian Storm Drain Repair 63 E. Broadway 11/18/09 T: 818 548-3945 Glendale, CA 91206 F: 818 242-7087 ESR- Bonnie Brea City of Los Angeles $ 84,578.39 11/13/09 Jon Haskett 1149 S. Broadway 12110/09 T: 213-485-5864 Los Angeles, CA 90015 F: 213-485-5903 Station Fire - County of Los Angeles $ 254,740.00 12/2/09 Colin McCarter Upper Big Tujunga Canyon Road Dept. of Public Works 3/11/10 T: 626 458-3116 Culvert Improvement Project 900 S. Fremont Ave. F: 626 458-2197 Alhambra, CA 91803 Strand Infiltration Trench Project City of Hermosa Beach $ 496,840.00 1/6/10 Derry Mac Mahon CIP No. 07-420 1315 Valley Drive 4/30/10 T: 310 329-0102 Hermosa Beach, CA 90254-3885 F: 310 329-1021 Vortex Separation System City of Long Beach $ 264,275.00 2/5110 Anneke VanGelder at Pump Station 11 Dept. of Public Works 6118/10 T: 562-570-6698 333 West Ocean Blvd., 9th Floor Long Beach, CA 90802 675 N. Front Street City of Los Angeles $ 67,195.44 1119110 Jon Haskett 1051 San Pasqual Ave. Bureau of Engineering 2/23/10 T: 213-485-5864 4080 Cahuenga Blvd. 1149 S. Broadway St. F: 213485-5903 Repair Water Lines Los Angeles, CA 90015 Project Name 4759 BrowndeerLane Sewer Repair 2300 W. Sunset Blvd. Emergency Slope Repair 21787-21775 Ulmus Drive Sewer Repair Avalon Boulevard Storm Drain Emergency Storm Drain Repair ESR- 3rd Street & Alameda ESR- Siena Way Pickens and Snover Debris Basin Enlargements ESR- Rogerton Drive ESR- Grand Canal 2111 & 2250 E Dominguez Street Excavate Presurized Manholes ESR- 15120 Mulholland Drive CLARKE CONTRACTING CORP. Colin McCarter Agency Contract $ Start 626-300-3365 Change Order $ Complete Los Angeles County $ 28,374.88 1/25/10 Department of Public Works 2/2/10 Sewer Maintenance 1000 S. Fremont Ave., 4th Floor Alhambra, CA 91803 City of Los Angeles $ 37,000.00 2/24/10 Bureau of Engineering 2/24/10 1149 S. Broadway St. Los Angeles, CA 90015 Los Angeles County $ 157,274.18 2/26/10 Department of Public Works 3/23/10 Sewer Maintenance 1000 S. Fremont Ave., 4th Floor Alhambra, CA 91803 City of Carson $ 89,290.50 3/1/10 701 E. Carson Street 3124/10 P. O. Box 6234 Carson, CA 90749 City of Los Angeles $ 337,810.54 3/4/10 Bureau of Engineering 5/14110 1149 S. Broadway St. Los Angeles, CA 90015 City of Los Angeles $ 115,329.22 5/11/10 Bureau of Engineering 7/23/10 1149 S. Broadway St. Los Angeles, CA 90015 County of Los Angeles $ 452,447.20 6124/10 Dept. of Public Works 10/27/10 900 S. Fremont Ave. Alhambra, CA 91803 City of Los Angeles $ 100,264.78 6/25/10 Bureau of Engineering 7/22/10 1149 S. Broadway St. Los Angeles, CA 90015 City of Los Angeles $ 36,809.95 8/6/10 Bureau of Engineering 8/20/10 1149 S. Broadway St. Los Angeles, CA 90015 Los Angeles Co. Sanitation District $ 28,593.80 8/23/10 Carson Field Office 8/27/10 24501 S. Figueroa Street Carson, CA 90245 City of Los Angeles $ 192,097.73 9/27/10 Bureau of Engineering 1/26111 1149 S. Broadway St. Los Angeles, CA 90015 Contact Person Colin McCarter T: 626-300-4686 F: 626-300-3365 Pedro Garcia T: 213-847-0472 Bela/ Temimi T: 213-847-0296 Belal Temimi T: 213-847-0296 Mario Rodriguez T: 626-458-3147 F: 626A58-2197 Belal Temimi T: 213-847-0296 Belal Temimi T: 213-847-0296 Alex Manesh T: 310-830-2400 F: 323-775-2040 Jon Haskett T: 213-485-5864 F: 213-485-5903 Colin McCarter T: 626-300-4686 F: 626-300-3365 Raymond H. Velasco T: 310-952-1700 F: 310-835-5749 Bela/ Temimi T: 213-847-0296 Belal Temimi T: 213-847-0296 Mario Rodriguez T: 626-458-3147 F: 626A58-2197 Belal Temimi T: 213-847-0296 Belal Temimi T: 213-847-0296 Alex Manesh T: 310-830-2400 F: 323-775-2040 Jon Haskett T: 213-485-5864 F: 213-485-5903 Project Name ESR- Paseo Miramar 19860 Pioneer Blvd. Slope Repair Glendower Avenue Manhole Installation Rio Hondo College Sewer Repair Storm Drain Repair Kanan Road at Culvert Marker 6.22 2960 Durand Drive Emergency Storm Drain Repair 5864 Lorea Place Easement Emergency Sewer Repair Madrona Marsh Restoration and Enhancement Project 2500 Gleason Avenue Emergency Sewer Repair Hillcrest & Florence Pothole for Utilities Reseda Area Sewer Cleaning Remove Calcium Deposits ESR- 7500 W. Sunset Blvd. Dickson & Hicks Avenue Emergency Sewer Repair CLARKE CONTRACTING CORP. Agency City of Los Angeles Bureau of Engineering 1149 S. Broadway St. Los Angeles, CA 90015 City of Torrance Street Services Department 20500 Madrona Avenue Torrance, CA 90503 City of Los Angeles Bureau of Engineering 1149 S. Broadway St. Los Angeles, CA 90015 Rio Hondo College 3600 Workman Mill Road Whittier, CA 90601 (Torres Construction Group) County of Los Angeles Dept. of Public Works 900 S. Fremont Ave. Alhambra, CA 91803 City of Los Angeles 1149 S. Broadway St. Los Angeles, CA 90015 City of Los Angeles 1149 S. Broadway St. Los Angeles, CA 90015 City of Torrance 20500 Madrona Avenue Torrance, CA 90503 City of Los Angeles 1149 S. Broadway St. Los Angeles, CA 90015 Los Angeles County Sanitation Districts 24501 So. Figueroa Street Carson, CA 90745 City of Los Angeles 1149 S. Broadway St. Los Angeles, CA 90015 City of Los Angeles 1149 S. Broadway St. Los Angeles, CA 90015 Los Angeles County Department of Public Works Sewer Maintenance 1000 S. Fremont Ave., 4th Floor Alhambra, CA 91803 Contract $ Start Contact Person Change Order $ Complete $ 136,591.09 10/27/10 Jon Haskett 1/7/11 T: 213-485-5864 F: 213-485-5903 $ 24,806.00 12/7/10 Jon Haskett Tom Cook $ 522,410.00 12/8/10 T: 310-781-6900 $ 109,413.94 5/31/11 F: 310-781-6902 $ 148,214.85 12/27/10 213-485-5864 Elvin Yeck F: 2115/11 T: 213-847-0299 $ 544,401.00 12/6/10 T: Samir Mehrotra 3/14/11 T: 562-463-3142 F: 562-463-4657 $ 551,219.00 1/26/11 Torres Construction 4/5/11 Nate Beach T: 323-257-7460 F: 323-257-8044 $ 22,180.97 2/8/11 Iraj Mossay-Afzali 2/22/11 T: 213-485-5846 $ 70,874.66 3/25/11 Jon Haskett 4/22111 $ 522,410.00 7/25/11 $ 586,999.00 12/8/11 $ 109,413.94 5/31/11 6/27/11 $ 43,316.51 5/4/11 213-485-5864 5/27111 $ 375,555.37 $ 382,715.47 $ 34,099.10 Jon Haskett T: 2131485-5864 F: 2131485-5903 John C. Dettle, P.E. T: 310-618-3059 F: 310-781-6902 Jon Haskett T: 213-485-5864 F: 213.485-5903 Alex Manesh T: 310-830-2400 F: 323-775-2040 7/27/11 Jon Haskett 10/14/11 T: 213-485-5864 F: 213-485-5903 8/23/11 Jon Haskett 11/3/12 T: 213-485-5864 F: 213-485-5903 8/24/11 Fernando Villaluna 9/8/11 T: 626-300-3380 CLARKE CONTRACTING CORP. Project Name Agency Contract $ Start Contact Person Change Order $ Complete Vincent Park Sewer Improvements City of Inglewood $ 139,760.09 9/26111 Ken Watson One Manchester Blvd. 11/1111 T: 310-412-5333 Inglewood, CA 90301-1750 F: 310-412-5552 ESR- Tigertail Road City of Los Angeles $ 50,310.99 11/17/11 Jon Haskett 1149 S. Broadway St. 11/29/11 T: 213-4855864 Los Angeles, CA 90015 F: 213485-5903 Davids Road Sewer Pump Station Los Angeles County $ 326,077.30 2/9/12 Jeff Bouse Kay Lane Department of Public Works 5110/12 T: 626-300-3373 Emergency Force Main Replacement Sewer Maintenance C: 626-476-6709 1000 S. Fremont Ave., 4th Floor Alhambra, CA 91803 ESR- Somma Way City of Los Angeles $ 74,437.17 2/21/12 Jon Haskett 1149 S. Broadway St. 3/19/12 T: 213-485-5864 Los Angeles, CA 90015 F: 213-485-5903 Colima Road Slope Failure Project County of los Angeles $ 920,300.00 3/29/12 Waleed Jouzey, CCM Dept. of Public Works $ 1,040,873.88 8/24112 T: 626-300-3289 900 S. Fremont Ave. F: 626-300-2387 Alhambra, CA 91803 354 Paseo De Arena City of Torrance $ 28,318.39 4/9/12 Tom Cook Emergency Storm Drain Repair Street Services Department 4/10/12 T: 310-781-6900 20500 Madrona Avenue F: 310-781-6902 Torrance, CA 90503 Subtropic Drive & Virazon Drive City of La Habra Heights $ 133,790.72 5/15/12 Sean Nazarie Storm Drain Repair 1245 N. Hacienda Road 6/15112 CNC Engineering La Habra Heights, CA 90631 1 Corporate Park #101 Irvine, CA 92606 T: 949-863-0588 F: 949-863-0589 ESR -1924 Adair Street City of Los Angeles $ 64,398.49 6/23/12 John Haskett Wastewater Conveyance 7/9/12 T: 213 485-5864 11.49 S. Broadway St. F: 213 923-4628 Los Angeles, CA 90015 Calabasas Sewer Upgrade County of Los Angeles $ 1,033,170.00 7/3/12 Colin McCarter Dept. of Public Works 10/12/12 T: 626-458-3116 900 S. Fremont Ave. F: 626-458-2197 Alhambra, CA 91803 ESR- Swarthmore Avenue City of Los Angeles $ 287,170.00 8/31/12 Bing Sun Wastewater Conveyance 1018/12 T: 213-485-1604 1149 S. Broadway St. F: 213-485-4838 Los Angeles, CA 90015 ESR- Tilden Avenue City of Los Angeles $ 44,283.34 912/12 Jon Haskett 1149 S. Broadway St, 9/26/12 T: 213-485-5864 Los Angeles, CA 90015 F: 213-485-5903 Walnut & 28th Street, Signal Hill Los Angeles County $ 31,570.88 9/7/12 Alex Manesh Atlantic & Elmwood, Lynwood Sanitation Districts 9/24/12 T: 310-830-2400 Pothole for Utilities 24501 So. Figueroa Street F: 323-775-2040 Carson, CA 90745 Project Name Vista Del Mar Bulkhead Hillcrest Drive Slope Repair 15400 Nordoff Street and Langdon Avenue Emergency Storm Drain Repair 1205 S. Camden Drive Emergency Sewer Repair Capistrano Circle e/o Canada Blvd. Emergency Sewer Repair 950 S. Flower Street Emergency Sewer Repair CLARKE CONTRACTING CORP. Agency Contract $ Start 5/16/13 Change Order $ Complete City of Los Angeles $ 199,475.00 10/19/12 Bureau of Engineering 1/7/13 1149 S. Broadway St. 1000 S. Fremont Ave., 4th Floor Los Angeles, CA 90015 Alhambra, CA 91803 City of Los Angeles $ 4,804,03920 10/15/12 Bureau of Engineering $ 58,092.00 517/14 1149 S. Broadway St. Los Angeles, CA 90015 (4 Lift Stations: Bell, Meadows, Palm, City of Los Angeles 1149 S. Broadway St. Los Angeles, CA 90015 City of Los Angeles 1149 S. Broadway St. Los Angeles, CA 90015 City of Glendale 633 E. Broadway Glendale, CA 91206 City of Inglewood One W. Manchester Blvd. Inglewood, CA 90301 $ 42,977.71 10/25/12 1118/12 $ 49,567.25 10126/12 1116/12 $ 30,819.60 3/21/13 3/28/13 $ 15,564.18 3/28/13 4/1113 Mulholland Drive Emergency Pump Los Angeles County $ 126,700.44 5/16/13 Station Department of Public Works 6/24/13 Sewer Maintenance 1000 S. Fremont Ave., 4th Floor Alhambra, CA 91803 Sewer Lift Station Bypass Valve City of Manhattan Beach $ 58,092.00 3/18/14 Replacement 3/28/14 (4 Lift Stations: Bell, Meadows, Palm, and Voorhees) Sewer Lift Station No. 3 Replacement City of Alhambra $ 1,699,005.00 In N2M13-33 111 South First Street Progress Winthrop Dr. & Baizac Street Alhambra, CA 91801 W. Ramona Rd. 7801 Mulholland Drive Bulkhead City of Los Angeles $ 857,453.00 118/14 13200 Mulholland Drive Bulkhead Board of Public Works 6/6114 4112 Jennings Drive Bulkhead 200 N. Spring Street, Room 355 Los Angeles, CA 90012 Berm Repair and Replacement Program: City of Los Angeles $ 537,522.00 Mulholland Dr. & 405 Freeway Board of Public Works Alta Mesa Dr. & Avenida del Sol 200 N. Spring Street, Room 355 Camino de La Cumbre & Valley Vista Blvd Los Angeles, CA 90012 Crescent Dr. & Oakstone Way Grandview Dr. & Cole Crest Dr. Mannix Dr. & Kirkwood Dr. 4/1/14 5/9/14 Contact Person Gene N. Edwards T: 213-847-0463 F: 213-847-0541 Gene N. Edwards T: 213-847-0463 F:213-847-0541 Jon Haskett T: 213-485-5864 F: 213-485-5903 - Jon Haskett T: 213-485-5864 F: 213-485-5903 Kevin Carter T: 818-937-8256 Jose Ramirez T: 310-412-4200 C: 310-901-8024 Jeff Bouse T: 626-300-3373 C: 626-476-6709 Raul Saenz T: 310-802-5315 rsaenz ancitvmb.info Dennis Ahien T: 626-570-3274 Gene N. Edwards T: 213-847-0463 F:213-847-0541 Gene N. Edwards T:213-847-0463 F:213-847-0541 Hyperion Treatment Plant City of Los Angeles $ 778,268.00 6125/13 Ricardo Acosta Chemical Line Upgrades Environmental Engineering Division 1/3/14 T: 310-648-3227 12000 Vista Del Mar ricardo.acosta(a lacity org Ferguson Bldg, #200 Playa Del Rey, CA 90293 Brian A. Clarke President and CEO Estimator/Project Manager Clarke Contracting Corporation Education: 9/86-6/88-- El Camino College, Torrance Ca Associates of Arts, Business Administration 9/88-12/90 University of Southern California Bachelor of Arts, Business Administration -Entrepreneur Program Employment History/Qualifications: 2/91-6/91 Clarke Contracting Corp. Marketing Manager -Designed and implemented a comprehensive marketing program to solicit private work. 6/91-5/93 The Southland Corporation Field Consultant -Worked with retail franchisees on behalf of the parent company to manage the daily retail operations of Twelve 7 -Eleven stores. 5/93-3/94 United Publishers Corporation Advertising Sales Representative -Sold Yellow Page advertising to businesses throughout L.A. & Orange Counties, 4/94-4/97 United Publishers Corporation Divisional Sales Manager -Managed a group of 12 salespeople responsible for selling over 4 million dollars worth of display advertising dollars 5/97 -Present Clarke Contracting Corporation President, CEO Estimator/Project Manager -Investigate, prepare & bid Public and Private Public Works projects. Manage all projects awarded on daily basis. Prepare submittals, scheduling, manpower needs, and material needs for project. Have worked on projects for M.T.A., LACDPW, L. A. City, Sanitation Districts of Los Angeles County, etc. Robert F. Clarke Secretary Senior Estimator/ProjectManager Safety Officer Clarke Contracting Corporation Education: 9/86-6/88 El Camino College, Torrance Ca Associates of Arts, Business Administration 9/88-12/90 University of Southern California Bachelor of Arts, Business Administration -Entrepreneur Program Professional Registrations/Licenses: 6/98 Licensed General Contractor Lie. No. 751271 Type A, HIC Employment HistorylQualif cations: 2/91 -Present Clarke Contracting Corp. Secretary Senior Estimator/Project Manager -Investigate, prepare & bid Public and Private Public Works projects. Manage all projects awarded on daily basis. Prepare submittals, scheduling, man- power needs, and material needs for project. Extensive experience in many types of Public Works projects including: Sewer pump stations construction. Sewer, storm drain, and waterline construction. Grading and slope repair. Street grading & concrete construction ( re -enforced and non -re - enforced concrete). Specialty Training: Safety Officer -Trained and certified in CPR/First Aid John J. Clarke Treasurer Past -President and Founder Clarke Contracting Corporation Education: 9163-6/67 California State University, Chico — Bachelor of Science, Civil Engineering 9/67-6/69 California State University, Long Beach Graduate Work in Soil Mechanics Professional Registrations/Licenses: 7/69 Registered Professional Civil Engineer R.C.E. No. 19296 7/1/76 Licensed General Contractor Lie. No. 285815 A Clarke Construction Company 9/30/76 Licensed General Contractor Lie. No. 325884 A, B & Haz. Clarke Contracting Corporation Employment History/Qualifications: 6/67-6/70 L. A. County Road Department Civil Engineering — Soil and asphalt test labs, design, construction and planning. 6/70-9/73 Tomei Construction Company Chief Estimator - Responsible for all bidding and project engineering & management. Annual sales $4 million. 9/73-9/76 Fleming & Clarke President/Owner 9/76-8/12 Clarke Contracting Corporation President/Owner Active role in all company estimating, Project management, and business decisions. 9/12 -Present Clarke Contracting Corporation Past President/Owner/Treasurer Johana Perez Estimator/Project Manager Clarke Contracting Corporation Education: 8/07-5/11 University of California, Berkeley — Bachelor of Science, Civil and Environmental Engineering • CEE 60 Civil Engineering Materials • CEE 70 Engineering Geology • CEE 101 Fluid Mechanics of rivers, Waves & Wetlands • CEE 111 Environmental Engineering • CEE 112 Environmental Engineering Design • CEE 130 Mechanics of Materials • CEE 165 Concrete Materials and Construction • CEE 166 Construction Engineering • CEE 167 Engineering Project Management • CEE 175 Geotechnical and Geoenvironmental Engineering • CEE 176 Engineering Geotechnics Employment History/Qualifications: 3/12 -Present Clarke Contracting Corporation Estimator/Project Manager- Investigate, prepare & bid Private and Public Works Projects. Manage all projects awarded on a daily basis. Prepare submittals, scheduling, manpower and material needs for projects. 10/11-2/12 J&C Underground Estimator- Prepared bid proposals for underground site utility Public Works projects by examining blueprints and technical specifications, contracting suppliers and resolving issues. Calculated and prepared change orders and submittals for ongoing projects. 7/09-8/10 Anderson Drilling Intern- Shadowed Los Angeles Superintendent on various jobs, (i.e. Orange Line Expansion and Oso Creek Bridge). Expedited progress daily reports and processed paperwork. Christopher Ochoa Superintendent/Operating Engineer Clarke Contracting Corporation Employment History/Qualifications: 1982 — Present Clarke Contracting Corp. Superintendent/Operating Engineer One of our most experienced foreman. He is the kind of foreman that figures out solutions to the toughest types of projects. Chris has completed millions of dollars of Public Works projects. He has extensive knowledge of slope failure repairs, landfill gas collection system, cast -in-hole drilled piles, tie back shoring construction, grading, excavation, street work, storm drain, sewer, CDS Unit ( Continuous Deflective Specialty Training: Separator ) and waterline projects. Chris is now our Superintendent. His duties include interface between construction managers, owners, engineers, inspectors, subcontractors and field construction crews. He is responsible for the scheduling and performance of the field construction crews on all jobs. Hazardous Waste Operations 40 hour training per OSHA 29 CRF1910.120 First Aid, CPR and Emergency Response MTA Heavy Rail Training Manuel Sanchez Foreman/Operating Engineer CIarke Contracting Corporation Employment HistorVlQualif cations: 1990 — Present Clarke Contracting Corp. Foreman/Operating Engineer Mr. Sanchez's construction knowledge has enabled him to oversee projects which include: Sewer and storm drain, CDS Units ( Continuous Deflective Separator) installation, pump station upgrades, earthwork, street and site improvements and landfill gas collection system const. He is a foreman who looks out for the safety of all those involved and gets the job done efficiently and with the utmost workmanship. Specialty Training: Hazardous Waste Operations 40 hour training per OSHA 29 CRF1910.120 First Aid, CPR and Emergency Response City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Los Angeles) Brian A. Clarke being first duly sworn, deposes and says that he or she is President of Clarke Contracting Corp. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Clarke Contracting Corporation `�L -Brian A. Clarke, President Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this 13th day of January , 2015 by Brian A. Clarke , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary bli [SEAL] � KELLI J. METER Commission # 1994664 Notary Public - California = Los Angeles County My Comm. Expires Oct 20.2010 13 My Commission Expires: 10/20/16 City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 DESIGNATION OF SURETIES Bidder's name Clarke Contracting Corporation 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): Insurance: BB&T Insurance Services 2400 E. Katella Avenue, Suite 1100 Anaheim, CA 92806 714-741-2800 Bonding: Federal Insurance Company 802 South Figueroa Astreet Los Angeles, CA 90017 213-612-0880 Surety: Rapp Surety & Insurance Services 120 Vantis Drive, Suite #300 Aliso Viejo, CA 92656 949-540-6770 14 City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Clarke Contracting Corporation Record Last Five (5) Full Years Current Year of Record I ne information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2014 2013 2012 2011 2010 Total 2015 No. of contracts 0 12 19 18 19 23 91 Total dollar Amount of Contracts (in 0 2553 4156 7376 2803 2023 18911 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 1 0 0 1 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment I ne information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Clarke Contracting Corporation Business Address:4646 Manhattan Beach Blvd., Lawndale, CA 90260 Business Tel. No.: 310-542-7724 State Contractor's License No. and Classification: 325884 A, B, & Haz. Title Brian A. Clarke, President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder -Brian A. Clarke Date January 13, 2015 Title Preside t Signature of bidder �°�---- -Robert F. Clarke Date u ry 1 2015 Title Secretary Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CERTIHKATE OF ACKNOWLEDGMENT State of California } ss. County of _Los Angeles On January 13, 2015 before me, Kelli J. Meier, Notary Public , Date Name, Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Brian A. Clarke and Robert F. Clarke , who proved to me Name(s) of Signer(s) 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 6�/ SCJ g tur of Notary` ubIic ----------------------------------------------------- OPTIONAL KE LIL J. ME►ER Commission #~ 1994684 Notary Public - California Los Angeles County 31, My Comm. Expires Oct 20, 2016 (Notary Seal) Although the information requested below is OPTIONAL, it could prevent fraudulent reattachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER INDIVIDUAL X CORPORATE OFFICER President and Secretary Title(s) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation SIGNER(S) OTHER THAN NAMED ABOVE DESCRIPTION OF ATTACHED DOCUMENT Bayside Drive Storm Drain Litter Removal Contract No. 5954 City of Newport Beach Industrial Safety Records Signature Sheet TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Clarke Contracting Corporation 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 17 City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 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: Clarke Contracting Corporation Business Address: 4646 Manhattan Beach Blvd., Lawndale, CA 90260 Telephone and Fax Number: T- 310-542-7724 F- 310-542-2188 California State Contractor's License No. and Class: 325884 (REQUIRED AT TIME OF AWARD) A, B, & Haz. Original Date Issued: 9/28/76 Expiration Date: 12/31/16 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: Brian A. Clarke, President and Johana Perez, Project Manager & Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Brian A. Clarke, President- 1501 Walnut Ave., Manhattan Beach, CA 90266 310-629-4268 Robert F. Clarke, Secretary- 1141 Tennyson St., Manhattan Beach, CA 90266 310-505-7391 Corporation organized under the laws of the State of California The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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; City of Los Angeles v. Clarke Contracting Corporation; Susan Morris and P.J. Pesce Nichols Canyon Easement Sewer Repolacement Project - Project Completed 1/11/06 Claim Filed 11/14/11 - Case No. BC448511 Briefly summarize the parties' claims and defenses; More than four years after successful completion of a project for the City of Los Angeles, Plaintiffis suing the City and Clarke Contracting Corp. for mud, water and debris flow washing down onto their property after a major storm. City of Los Angeles is countersuing Clarke Contracting to defend them. Have you ever had a contract terminated by the owner/agency? If so, explain. Yes, Grand Canal. Project was terminated by the City due to environmental concerns. Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes ODO 19 Are any claims or actions unresolved or outstanding? Yes CEO) If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Brian A. Clarke (Print name of Owner or President of Corporation/Company) Clarke Contracting Corporation Bidder Authorized Signature/Title President Title January 13, 2015 Date On January 13, 2015 before me, Kelli J. Meier Notary Public, personally appeared Brian A. Clarke who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Not�Pt4��aforsaid State My Commission Expires: 10/20/16 20 KELLI J. MEIER Commission # 1994684 (SEAL) �:� Notary Public - California Los Angeles County My Comm. Expires Oct 20, 2018 City of Newport Beach BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL Contract No. 5954 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. 21 BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL CONTRACT NO. 5954 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of February, 2015 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and Clarke Contracting Corporation, a California corporation ("Contractor'), whose address is 4646 Manhattan Beach Boulevard, Lawndale, California 90260, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing hardscaping, storm drain pipe, pavement and landscape as needed for contract work; (4) installing hydrodynamic separation units including manholes (5) modifying existing irrigation system, (6) sidewalk/ driveway and curb restoration; (7) landscape restoration (8) adjusting utility facilities as needed for new work; and (9) other incidental items to be completed in work place required by the Plans and Specifications (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5954, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. 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. 2. 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. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Twenty Eight Thousand One Hundred Dollars and 00/100 ($328,100.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Johana Perez to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Clarke Contracting Corporation Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Brian A. Clarke Clarke Contracting Corporation 4646 Manhattan Beach Boulevard Lawndale, CA 90260 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Clarke Contracting Corporation Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. ll*01!IS] IWL 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a 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. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Clarke Contracting Corporation Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or Clarke Contracting Corporation Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsuitants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 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. Clarke Contracting Corporation Page 6 16.7 Nothing in this Section or 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 above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Clarke Contracting Corporation Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee Clarke Contracting Corporation Page 8 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. 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. 22. 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Clarke Contracting Corporation Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: t� : BY Aaron C. Harp (Am City Attorney ATTEST: Z �, 6Date: By: Y Leilani I. Brown City Clerk Lr �OG''r Attachments CITY OF NEWPORT BEACH, a California municipalorporation Date: By u Edward D. Selich Mayor CONTRACTOR: Clarke Contracting Corporation, a California corporation Date: By:--F-2- Brian y. k Brian A. Clarke President Date: 14 BY: Ro ert F. Clarke Secretary [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Clarke Contracting Corporation Page 10 CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On February 4, 2015 before me, Ann A. Takahashi, Notary Public , Date Name, Title of Officer (Notary Public) personally appeared Brian A. Clarke and Robert F. Clarke , who proved to me on the Name of Signer(s) basis of satisfactory evidence to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANN A. TAKAHASHI Commission # 2007893 Notary Pubiic - California = Los Angeles County - MY Comm. E$ Feb 17, 2011. Signature of Notary Public (Notary Seal) ----------------------------------------------------- OPTIONAL --------------------------------------------------------- Although the information requested below is OPTIONAL, it could prevent fraudulent reattachment ofthis certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER INDIVIDUAL X CORPORATE OFFICER(S) President & Secretar Title(s) PARTNER(S) LIMTED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation DESCRIPTION OF ATTACHED DOCUMENT City of Newport Beach Contract Bayside Drive Storm Drain Litter Removal Contract No. 5954 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 8238-53-74 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Clarke Contracting Corporation hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing hardscaping, storm drain pipe, pavement and landscape as needed for contract work; (4) installing hydrodynamic separation units including manholes (5) modifying existing irrigation system, (6) sidewalk/ driveway and curb restoration; (7) landscape restoration (8) adjusting utility facilities as needed for new work; and (9) other incidental items to be completed in work place required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, Federal Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Twenty Eight Thousand One Hundred Dollars and 001100 ($328,100.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specked in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Clarke Contracting Corporation Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 2nd day of February .201s . Clarke Contracting Corporation Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (908)903-2000 Telephone - — L� -Brian A. Clarke Authorized Signaturer itle Pres. A�a- Authorl,�,-hd Agent S gnature Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Clarke Contracting Corporation Page A-2 A Notary Public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California County of Orange ) On 02/02/2015 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the personv) whose name(,#) is/ere subscribed to the within instrument and acknowledged to me that he/eheftHey executed the same in his/*eF44& authorized capacity(iee), and that by his*a4t4eir signature($) on the instrument the person($), or the entity upon behalf of which the person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal q77DEA SWANSON4'vt#1997119 �\(YPUBLICCALIFORNIA�g lJ s ()tic,E coUNrrNSi nature i� v ahlw� Seal td,BXP.NOWQ,301& Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road cHuss Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FI COMPANY, a New York corporation, and P appoint Douglas A. Rapp and Timothy COMPANY, an Indiana corporation, VIGILANT INSURANCE MPANY, a Wisconsin corporation, do each hereby constitute and o, California --------------------------------------------- each as their We and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the Course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. / Kenneth C. Wendel, Assistant Secretary t . Nonis, Jr., Vice President STATE OF NEW JERSEY ` as. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies Which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR 0'�Ww NOTARY PUBLIC 16 NEW JfkSF1 Ne,23TG605 Cont"I"on E+rplresJUly i1, 2014 Notary Public CERTIFICATION Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "AII powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the Seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In. Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.` I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies' do hereby certify that (1) the foregoing extract of the BY Laws of the Companies is true and correct, (it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seats asaid Companies at Warren, NJ this 2nd day of February, 2015. .I Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT State of California County of Los Angeles On February 4, 2015 before me, Ann A. Takahashi, Notary Public Date Name, Title of Officer (Notary Public) personally appeared Brian A. Clarke who proved to me on the Names) of Signer(s) 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 by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL ANN A. TAKAHASHI Commission # 2007095 m Notary Public - Calitomlit Z Los Angeles County My Comm. Ez fires Feb 17, 2017 (Notary Seal) Although the information requested below is OPTIONAL, it could prevent fraudulent reattachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL X CORPORATE OFFICER President Title(s) _ PARTNER(S) LIMTED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) _ GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation DESCRIPTION OF ATTACHED DOCUMENT City of Newport Beach Labor and Material Bond Bayside Drive Storm Drain Litter Removal Contract No. 5954 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE CITY OF NEWPORT BEACH BOND NO. 8238-53-74 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2.953.00 -,being at the rate of $ varies thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Clarke Contracting Corporation hereinafter designated as the "Principal;' a contract for the work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing hardscaping, storm drain pipe, pavement and landscape as needed for contract work; (4) installing hydrodynamic separation units including manholes (5) modifying existing irrigation system, (6) sidewalk/ driveway and curb restoration; (7) landscape restoration (8) adjusting utility facilities as needed for new work; and (9) other incidental items to be completed in work place required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Federal 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 Twenty Eight Thousand One Hundred Dollars and 00/100 ($328,100.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specked, 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. As a part of the obligation secured hereby, and in addition to the face amount specked in this Performance Bond, there shall be included costs and reasonable Clarke Contracting Corporation Page B-1 expenses and fees, including reasonable attorneys fees, incurred by City, only in the event 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 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 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 2nd day of February ,2O 15 Clarke Contracting Corporation Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Mountain View Road, Waaen, NJ 07059 Address of Surety (908)903-2000 Telephone 4 -Brian A. Clarke Authorized Signature/Title Pres. Authon d Agent Signature Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Clarke Contracting Corporation Page B-2 A Notary Public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California County of Orange ) ED 02/02/2015 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(iE) whose name($) isle*& subscribed to the within instrument and acknowledged to me that he%heFHiey executed the same in his14e0 eeir authorized capacity(ie*, and that by hisA4%fAl4eir signature($) on the instrument the person(*), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WDE RA SwANSONtt1rA. * 1997119 �RY PUBLIC �ANGE COUNTY (�89M, EXP, CALIFORNIA,NQV 10, 2016 Signature M -na . c J;R (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road ic Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C. Wende, Assistant Secretary .OawrY6. Norris, Jr., Mce President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth. C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By. Laws and in deponents presence. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JFRSF)i F ��10.R�Yy No, 2316685 ®8`�G Commiaion Expires July 16.201® PU 5�V Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, edher by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of eadr of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and'ceNfied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies°) do hereby certify that (i) the foregoing extract of the ay- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rim and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attomey is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 2nd day of February, 2015. Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: sure chubb.com Form 15-10-02256-d (Ed. 5-03) CONSENT State of California County of Los Angeles On February 4, 2015 before me, Ann A. Takahashi, Notary Public Date Name, Title of Officer (Notary Public) personally appeared Brian A. Clarke who proved to me on the Name(s) of Signer(s) 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 by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL ANN A. TAKAHASHI Commission S 2007893 Z ; m Notary Public - California ZZ Z Los Angeles County J. My Comm. Expires Feb 17, 2017 (Notary Seal) Although the information requested below is OPTIONAL, it could prevent fraudulent reattachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIMTED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation DESCRIPTION OF ATTACHED DOCUMENT City of Newport Beach Faithful Performance Bond Bayside Drive Storm Drain Litter Removal Contract No. 5954 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily Injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Clarke Contracting Corporation Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed Clarke Contracting Corporation Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City s Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 0413. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does It waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a Clarke Contracting Corporation Page C-3 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. if Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of Insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Clarke Contracting Corporation Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/10/15 Dept./Contact Received From: Raymund Date Completed: 2/10/15 Sent to: Raymund By: Alicia/Renee Company/Person required to have certificate: Clark Contracting Corporation Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 3/1/14-3/1/15 A. INSURANCE COMPANY: Ironshore Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A:XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): 0 N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 3/1/14-3/1/15 A. INSURANCE COMPANY: West American Insurance Company B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A IN Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 3/1/14-3/1/15 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY LVE:I111II11114:%9C161R HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes ❑ No N N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No silo S RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval received 2/12/15. Approved: Risk Management Date * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL CONTRACT NO. 5954 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Gentlemen: PR 1 OF 3 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. 5954 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE E 3. LUMP SUM MOBILIZATION @_ T�v�..� �i. � . 77-t a ✓s Dollars and co /Vo Cents $ 2 5400 LUMP SUM LUMP SUM TRAFFIC CONTROL @ 7"wd 7Lcy a.., 'dl Dollars and Ov A/'u Cents $ 2000 LUMP SUM LUMP SUM SURVEYING SERVICES @ ?7� r;ee 7Zt dy5 et., C' Dollars and oW 1400 Cents $ 3000 LUMP SUM 0 5 VA .1 A PR2of3 1 EACH FURNISH AND INSTALL HYDRODYNAMIC SEPARATION UNIT BY BIO CLEAN (MODEL NSBB-11-24-125) @ ltfSc� t ,�dcF 6tVt� J Dollars and AT) Cents $ $ Per EACH 150 C.Y. BACKFILL FULL DEPTH WITH 1 -SACK SLURRY 18" MINIMUM ALL AROUND STRUCTURE @ ONS *uki d real:k,.. 4Ve Dollars and A/0 Cents $ 195-- $ /9 75o - Per CUBIC YARD 750 S.F. SAWCUT AND REMOVE AC CURB AND AC DRIVEWAY @ Dollars and A -C) Cents $ $ %!5o Per SQUARE FOOT LUMP SUM LUMP SUM 150 L. F REMOVE, RELOCATE AND INSTALL TEMPORARY AND PERMANENT IRRIGATION SYSTEM @ Olfe %2c.oySa.'. d AiVe §,,wdrrd Dollars and IV 00 %/y Cents $ 1500 $ /Sop Per LUMP SUM REMOVE EXISTING, FURNISH AND INSTALL SOD (MARATHON ll) TO MATCH EXISTING @_UP Ao'vsa, Alc ollars and ,moo )vv Cents $ 2 SDO Per LUMP SUM CONSTRUCT 6" P.C.C. CURB @ l � Pt' k Dollars and Cents $ �S Per LINEAL FOOT 10. 825 S.F. CONSTRUCT 6" P.C.C. DRIVEWAY Dollars and c� Cents Per SQUARE FOOT 11. LUMP SUM PROVIDE AS -BUILT PLANS $ tztioL @ ONE THOUSAND FIVE HUNDRED Dollars and NO Cents Per LUMP SUM TOTAL PRICE IN WRITTEN WORDS and go Cents January 13, 2015 Date 310-542-7724 / 310-542-2188 Bidder's Telephone and Fax Numbers 325884 - A, B, & Haz. Bidder's License No(s). and Classifications) PR3of3 S 14 RSo $ 1,500 Dollars $� Total Price (Figures) Clarke Contracting Corporation Bidder rian A. Clarke, President Bidder's Authorized Signature and Title 4646 Manhattan Beach Blvd., Lawndale, CA 90260 Bidder's Address Bidder's email address: ccclawndale@yahoo.com PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL CONTRACT NO. 5954 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS. 2-5.2 Precedence of Contract Documents, 2-6 WORK TO BE DONE, 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. 2-9.2 Line and Grade. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK. 3-3.2 Payment. 3-3.2.3 Markup. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3 Inspection Requirements, 4-1.3.4 Inspection and Testing. SECTION 5 - UTILITIES 5-1 LOCATION, 5-2 PROTECTION. 5-7 ADJUSTMENTS TO GRADE. U 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 4 6-1.1 Construction Schedule. 4 6-7 TIME OF COMPLETION. 4 6-7.1 General. 5 6-7.2 Working Day. 5 6-7.4 Working Hours. 5 6-9 LIQUIDATED DAMAGES. 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES. 6 7-1.2 Temporary Utility Services. 6 7-7 COOPERATION AND COLLATERAL WORK. 6 7-8 WORK SITE MAINTENANCE. 7 7-8.4.3 Storage of Equipment and Materials in Public Streets. 7 7-8.6 Water Pollution Control. 7 7-8.6.2 Best Management Practices (BMPs). 7 7-8.6.4 Dewatering. g 7-8.6.5 Payment. 8 7-8.7.2 Steel Plates. 8 7-10 PUBLIC CONVENIENCE AND SAFETY. 9 �I� 7-10.1 Traffic and Access. 9 7-10.3 Street Closures, Detours and Barricades. 9 7-10.4 Safety. 10 7-10.4.1 Safety Orders. 10 7-10.5 "No Parking' Signs. 10 7-10.8 Notices to Residents and Temporary Parking Permits, 10 7-15 CONTRACTOR'S LICENSES. 11 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. 11 7-19 STORM. DRAIN FLOW BY-PASS SYSTEM 12 SECTION 9 - MEASUREMENT AND PAYMENT 12 9-3 PAYMENT, 12 9-3.1 General. 12 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCT/ON MATERIALS 14 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE. 14 201-1.1 Requirements. 14 201-1.1.2 Concrete Specified by Class and Alternate Class. 15 201-2 REINFORCEMENT FOR CONCRETE. 15 201-2.2 Steel Reinforcement. 15 201-2.2.1 Reinforcing Steel. 15 201-7 NON -MASONRY GROUT. 15 201-7.2 Quick Setting Grout. - 15 SECTION 207 - PIPE 15 207-2 REINFORCED CONCRETE PIPE (RCP). 15 207-2.1 General. 15 207-2.5 Joints. 15 212-1 LANDSCAPE MATERIALS. 15 212-1.1 Topsoil. 15 212-1.1.1 General. 16 212-2 IRRIGATION SYSTEM MATERIALS. 16 212-2.1 Pipe and Fittings. 16 212-2.1.1 General. 16 212-2.2 Valves and Valve Boxes. 16 212-2.2.1 General. 16 212-2.2.7 Valve Boxes. 16 SECTION 215 - STORM WATER TREATMENT DEVICE. 16 215-1 GENERAL. 16 215-1.1 Scope. 16 215-1.2 Description. 16 215-1.3 Manufacturer. 17 215-1.4 Submittals. 17 215-1.5 Work Included, 17 215-1.6 Reference Standards. 18 215-2 COMPONENTS. 18 215-2.1 Screening System. 18 215-2.2 Skimmer System. 18 215-2.3 Storm Boom Housing. 18 215-2.4 Sediment Removal Chambers, 19 215-2.4.1 Baffle Walls. 19 215-2.4.2 Turbulence Deflectors. 19 215-3 PERFORMANCE. 19 215-3.1 General. 19 215-3.1.1 Function. 19 215-3.1.2 Removal Efficiencies. 20 215-3.1.3 Hydraulic Capacity. 20 215-3.1.4 Storage Capacity. 20 215-3.1.5 Pollution Separation. 20 215-3.2 Test Performance. 20 215-3.2.1 Independent Third Party Testing, 20 215-3.2.2 Full Capture Approval, 21 215-3.2.3 Oil and Grease Removal. 21 215-3.2.4 Field Testing. 21 215-4 EXECUTION. 21 215-4.1 General. 21 215-4.2 Installation. 21 215-4.2.1 Grading and Excavation. 21 215-4.2.2 Compaction. 22 215-4.2.3 Backfill. 22 215-4.2.4 Concrete Structures. 22 215-4.3 Shipping, Storage and Handling. 22 215-4.3.1 Shipping. 22 215-4.3.2 Storage and Handling. 22 215-4.4 Maintenance and Inspection. 22 215-4.4.1 Inspection. 22 215-4.4.2 Maintenance. 22 215-4.4.3 Material Disposal. 23 215-5 QUALITY ASSURANCE. 23 215-5.1 Warranty. 23 215-5.2 Performance Certification. 23 PART 3 -CONSTRUCTION METHODS 23 SECTION 300 - EARTHWORK 23 300-1 CLEARING AND GRUBBING. 23 300-1.3 Removal and Disposal of Materials. 23 300-1.3.1 General. 24 300-1.3.2 Requirements. 24 300-1.4 Payment. 24 300-1.5 Solid Waste Diversion. 24 300-2 UNCLASSIFIED EXCAVATION. 25 300-2.1 General. 25 300-2.9 Payment. 25 300-4 UNCLASSIFIED FILL. 25 300-4.3 Other Fill Material. 25 300-4.9 Measurement and Payment. 25 SECTION 301- TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 26 301-1 SUBGRADE PREPARATION. 26 301-1.7 Payment. 26 301-2 UNTREATED BASE. 26 301-2.4 Measurement and Payment. 26 SECTION 302 - ROADWAY SURFACING 26 302-6 PORTLAND CEMENT CONCRETE PAVEMENT. 26 302-6.6 Curing. 26 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 26 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS. 26 303-5.1 Requirements. 26 303-5.1.1 General. 26 303-5.5 Finishing. 27 303-5.5.1 General. 27 303-5.5.2 Curb. 27 303-5.5.4 Gutter. 27 SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 27 306-1 OPEN TRENCH OPERATIONS. 27 306-1.1 Trench Excavation. 27 306-1.1.1 General. 27 306-1.1.6 Bracing Excavations. 27 306-1.2 Installation of Pipe. 28 306-1.2.1 Bedding. 28 306-1.3 Backfill and Densificaiton. 28 306-1.3.3 Water Densified Backfill. 28 306-1.3.4 Compaction Requirements. 28 306-1.5 Trench Resurfacing. 28 306-1.5.1 Temporary Resurfacing. 28 306-1.6 Bases of Payment for Open Trench Installations. 29 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 29 308-1 General. 29 PART4 30 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 30 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 30 400-2 UNTREATED BASE MATERIALS. 30 400-2.1 General. 30 400-2.1.1 Requirements. 30 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BAYSIDE DRIVE STORM DRAIN LITTER REMOVAL CONTRACT NO. 5954 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D -5385-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction 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 2-5 PLANS AND SPECIFICATIONS. 2-5.2 Precedence of Contract Documents. Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing hardscaping, storm drain pipe, pavement and landscape as needed for contract work; (4) installing hydrodynamic separation units including manholes (5) modifying existing irrigation system, (6) sidewalk/ driveway and curb restoration; (7) landscape restoration (8) adjusting utility facilities as needed for new work; and (9) other incidental items to be completed in work place required by the Plans and Specifications." Page 'I of 30 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.2 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Walden & Associates and can be contacted at (949) 660-0110. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK. 3-3.2 Payment. 3-3.2.3 Markup. Replace this section with the following: a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 Page 2 of 30 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3 Inspection Requirements. Add Section 4-1.3.4 Inspection and Testing. 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION. Add the following after the 3`d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." Page 3 of 30 5-2 PROTECTION. Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Add Section 5-7 ADJUSTMENT TO GRADE. 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the "Notice to Proceed." 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 6-7 TIME OF COMPLETION. Page 4 of 30 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." Add the following Section 6-7.2 Working Day. 6-7.2 Working Day. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24t", (Christmas Eve), December 25t" (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours. 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Page 5 of 30 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES. 7-1.2 Temporary Utility Services. Add to the end of this section: If the Contractor elects to use City water, it shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m, to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down. Page 6 of 30 7-8 WORK SITE MAINTENANCE. Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets. 7-8.4.3 Storage of Equipment and Materials in Public Streets. Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control. Add to this section: Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com. 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Page 7 of 30 Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.6.4 Dewatering. Delete subsection in total and substitute with the following "Dewatering shall be performed by the Contractor as necessary for construction of the Work and shall include tidal influence, ground, storm drain and surface water. Dewatering shall be performed in conformance with NPDES Permit No. CAG918002 and/or NPDES Permit CAG998001 as defined by the location of the Construction site and all other applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies. Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor. Accumulated water shall be treated prior to disposal as required by the permit. The Contractor shall submit a working drawing and related supporting information per 2-5.3 detailing its proposed plan and methodology of dewatering and treatment and disposal of accumulated water. The plan shall identify the location, type and size of dewatering devices, pits and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and treat accumulated water, and the proposed disposal locations. The proposed disposal location will be either a storm drain system or receiving body of water as determined by the location of the Construction site. The Contractor shall provide the minimum number of pits necessary to allow for the construction and not affect areas outside the work zone." 7-8.6.5 Payment. Delete Subsection in total and substitute with the following: "Unless otherwise provided in the specifications, no payment for implementation and maintenance of BMPs shall be considered. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which implementation and maintenance of BMPs is required, incidental or appurtenant. Said cost shall also include full compensation for all labor and materials including required disposal of materials. Payment for dewatering shall be included with the Hydrodynamic Separation Unit as specified in the Special Provisions. Said cost shall also include full compensation for all labor and materials including submittals, delivery, implementation, maintenance and removal." Add Section 7-8.7.2 Steel Plates. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." Page 8 of 30 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3), 7-10.3 Street Closures, Detours and Barricades. Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure Page 9 of 30 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 7-10.4 Safety. 7-10.4.1 Safety Orders. Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Add the following Section 7-10.5 "No Parking" Signs. 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.8 Notices to Residents and Temporary Parking Permits. 7-10.8 Notices to Residents and Temporary Parking Permits. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Page 10 of 30 Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or alley, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. In addition to the forty-eight hour notice, the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Section 7-15 CONTRACTOR'S LICENSES. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. Add the following Section Page 11 of 30 7-19 STORM DRAIN FLOW BY-PASS SYSTEM As a part of this project, the Contractor will be responsible for the temporary by-pass of the storm drain system. The Contractor shall bypass all storm drain flows during storm drain related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the system shall be designed to handle 4,500 gallons per minute (gpm). The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming storm drain pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 working days for review and return of comments. Approval by the City does not in any way relieve the Contractor of its responsibilities provided for in this section of any public liability for storm drain spills under this Contract. The cost thereof shall be considered as included in the price bid for Item No. 4 Furnish and Install a Hydrodynamic Separation Unit by BIO CLEAN (Model NSBB-11-24-125). SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT. 9-3.1 General. Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules, as needed, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying residents. In addition, this item includes, providing the traffic control required for the project including, but not limited to signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons, etc. This item includes furnishing all labor, tools, equipment and materials Page 12 of 30 necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach requirements. Item No. 3 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Furnish and Install a Hydrodynamic Separation Unit by BIO CLEAN (Model NSBB-11-24-125) with stainless steel screen, BioSorb Hydrocarbon Boom, Skimboss, sliding lid for screen system, steps, 48" DIA shaft, 48"06" DIA eccentric cone, 36" DIA risers, 36" DIA in -direct traffic rated manhole frame and cover (installed per STD -1 12-L and applicable sections of CNBSTD-309-L). Work under this item shall include providing all labor, equipment, materials and incidentals required to offload and install the unit and appurtenances per Manufacturer's specifications and requirements and as shown on the plans including but not limited to, pavement removal, exposing utilities in advance of work, excavation, shoring, installation and operation of storm drain flow by-pass system, temporary patching or plating, control of storm drain, subsurface and surface water, backfill, compaction, disposing of excess excavated materials, installing rock base, steps, shaft, grade rings, manhole frames and covers, connections to facilities, removal, abandonment, protection and/or adjusting existing utilities or improvements unless otherwise noted on the plans, temporary and permanent support of utilities, and all other work items as required to complete the work in place. The Contractor shall also provide a cleaning and debris removal demonstration once construction is substantially completed and ready to be accepted by the City with Manufacturer personnel in attendance. Item No. 5 Backfill Full Depth with 1 -Sack Slurry 18" Minimum all Around Structure: Work under this item shall include but not limited to, installing a 1 -sack slurry all around Hydrodynamic Separation Unit and manhole structure installed under this contract, and all other work items as required to complete the work in place. Item No. 6 Sawcut and Remove AC curb and AC Driveway: Work under this item shall include sawcutting, removing and disposing of the existing curb and driveway and subgrade compaction, and all other work items as required to complete the work in place. The existing depth of pavement is approximately 3 inch AC over 4 inch AB. Item No. 7 Remove, Relocate and Install Temporary and Permanent Irrigation System: Work under this item shall include, but not be limited to, removing interfering portions of the existing irrigation system and appurtenances and constructing a temporary irrigation system and appurtenances during construction, and constructing a permanent irrigation system and appurtenances (matching existing and/or per City requirements). It is the Contractor's responsibility to examine the site and determine the damage incurred by its work or modifications required. Improvements include, but are not limited to, connecting the temporary and new service to the existing service, relocating valves and valve boxes, (match existing) adjusting, lowering and raising the existing irrigation system as needed. The Contractor shall make sure that the Page 13 of 30 temporary and permanent system provides 100% coverage to the satisfaction of the Engineer and all other work items as required to complete the work in place. Item No. 8 Remove Existing, Furnish and Install Sod (Marathon II) to Match Existing: Work under this item shall include, but not be limited to, removing and disposing of the existing turf, regarding work area to existing conditions while maintaining positive drainage, preparation and compaction of subgrade, including providing class "A" top soil (6" minimum) and installing MARATHON Il sod and all other work items as required to complete the work in place Item No. 9 Construct P.C.C. Type B Curb: Work under this item shall include compacting subgrade, constructing P.C.C. curb, including transition from 0" curb face to 6" curb face and necessary transition to match existing AC curb, per CNB STD -182-L, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 10 Construct 6" Thick P.C.C. Driveway: Work under this item shall include subgrade compaction, placing 4" SE 30 sand base, constructing the 6 -inch thick P.C.C. driveway including pavement joints per CNB STD -141-L per plan, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 11 Provide As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,500.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 - CONSTRUCTION MATERIALS SECTION 201 CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE. 201-1.1 Requirements. Page 14 of 30 201-1.1.2 Concrete Specified by Class and Alternate Class. Add to this section: Portland Cement Concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE. 201-2.2 Steel Reinforcement, 201-2.2.1 Reinforcing Steel. Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. 201-7 NON -MASONRY GROUT. 201-7.2 Quick Setting Grout. Add to this section: The Contractor shall grout the area between the concrete structure and pipe with a quick setting grout. The Contractor shall use Sika Grout 212 a non - shrink, non-metallic grout by Sika Chemical Company or approved equal." SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE (RCP). 207-2.1 General. These specifications apply to reinforced concrete pipe intended to be used for the construction of storm drains, sewers, and related structures. 207-2.5 Joints. Add to this section: All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845- 6962." SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.1 Topsoil. Page 15 of 30 212-1.1.1 General. Delete subsection in total and substitute with the following: "Topsoil shall be designated as Class A (imported). Topsoil shall be transported from the source to its final position unless otherwise directed by the Engineer. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1 Pipe and Fittings. 212-2.1.1 General. Delete subsection in total and substitute with the following: "All new pipe materials and fittings shall be PVC SCH 40 or as determined in the field by the Engineer and shall comply with the applicable specifications:" 212-2.2 Valves and Valve Boxes. 212-2.2.1 General. Delete subsection in total and substitute with the following "All new valves shall be of the same size, type, and capacity as the existing or as determined in the field by the Engineer and shall comply with the applicable specifications." 212-2.2.7 Valve Boxes. Delete subsection in total and substitute with the following "All new Valve boxes and covers shall be of the same size and type as the existing or as determined in the field by the Engineer and shall comply with the applicable specifications." Add Section 215 STORM WATER TREATMENT DEVICE. SECTION 215 - STORM WATER TREATMENT DEVICE. 215-1 GENERAL. 215-1.1 Scope. The Contractor shall furnish all labor, equipment and materials necessary to install the dual stage Hydrodynamic Separation Unit (unit) by Bio Clean and appurtenances specified in the Drawings and these specifications including steps, 48" DIA shaft, 48"x36" DIA eccentric cone, 36" DIA risers, 36" DIA in -direct traffic rated manhole frame and cover (installed per CNB STD -1 12-L and applicable sections of CNB STD -309-L). 215-1.2 Description. Page 16 of 30 The unit is used for filtration of stormwater runoff including dry weather flows. The unit is an inline pre-engineered hydrodynamic separation system composed of multiple sediment removal chambers, a screening system designed to capture and store solid debris such as foliage and litter in a dry state, and a skimmer system to remove floating pollutants. 215-1.3 Manufacturer. The manufacturer of the unit shall be one that is regularly engaged in the engineering design and production of systems developed for the treatment of stormwater runoff for at least (5) years, and which have a history of successful production, acceptable to the engineer. In accordance with the drawings, the unit(s) shall be a device manufactured by Bio Clean Environmental Services, Inc., or assigned distributors or licensees. Bio Clean Environmental Services, Inc. can be reached at: Corporate Headquarters: 2972 San Luis Rey Road Oceanside, CA 92058 Phone: (760) 433-7640 Fax: (760) 433-3176 www.biocleanenvironmental.net 215-1.4 Submittals. Submittal drawings are to be provided with each order to the Contractor, who in turn will submit to the Engineer for review. Submittal drawings are to detail the unit and all components required and the sequence for installation, including: 1. System configuration with primary dimensions 2. Interior components 3. Any accessory equipment called out on submittal drawings Inspection and maintenance documentation will be submitted to the Contractor, who in turn will submit to the Engineer for review. 215-1.5 Work Included. Specification requirements for installation of unit. Manufacturer to supply components of the unit(s): 1. Concrete structure (chambers) 2. Internal components 3. Risers, hatches, and manholes including necessary risers 4. Steps Page 17 of 30 215-1.6 Reference Standards. STM A 615 Standard Specifications for Deformed and Plain Carbon-Stee Bars for Concrete Reinforcement STM F 716.07 Standard Test Methods for Sorbent Performance of Absorbents STM D 3787 Standard Test Method for Bursting Strength of Textiles -Constant Rate -of -Traverse (CRT) Ball Burst Test 215-2 COMPONENTS. The unit and all of its components shall be self-contained within a concrete structure constructed with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60, and supports a minimum H-20 loading as indicated by AASHTO. All seams and connection points shall be sealed water tight with non -shrink grout in accordance with manufactures recommendations and project specifications. 215-2.1 Screening System. Screen Frame shall be constructed of stainless steel grade 316. All joints and seams are to be welded or fastened together with stainless steel hardware. All sides of screen frame shall be fixed. The top section of the screen frame shall have one of the following, open top, hinged top section, or a track guided sliding top section per drawings. The bottom section of the basket frame shall be a minimum of 3.5" above static water line and use a series of hinges to allow the bottom section to open to allow access to the sediment chambers located below in the lower portion of unit. The screen frame shall be located below the access hatches to allow access for maintenance. The screen frame shall be secured to the concrete baffle(s) with a minimum of 2 brackets and 4 bolts. Screens shall be manufactured of flattened expanded stainless steel grade 316. As an alternate, the screen system may also be manufactured of perforated stainless steel or aluminum of the same grade mentioned previously. The screen shall be attached to the screen frame by sandwiching the screen to the screen frame between a series of aluminum or stainless steel angle beams and welded in place. 215-2.2 Skimmer System. Shall be mounted to the skimmer wall and located between the end of the screening system and the outlet pipe. Skimmer wall shall be constructed of concrete with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60. 215-2.3 Storm Boom Housing. Storm Boom Housing shall be constructed of a stainless steel grade 316 frame with flattened expanded stainless steel grade 316 screen system.. Housing shall have a Page 18 of 30 hinged top section. Screen shall be attached to the Storm Boom Housing Frame by sandwiching the screen to the stainless steel frame between a series of stainless steel angle beams and welded in place. Storm Boom Housing shall be secured to the skimmer wall with stainless steel hardware. Storm Boom media shall be made of granulated oil absorbing polymers that have been tested in accordance with section 11.2 of ASTM F 716.07. Polymer granules must meet performance absorption standards in 215-3.1.4. 2. Boom netting shall be 100% polyester with a number 16 sieve size, and strength tested per ASTM D 3787. 215-2.4 Sediment Removal Chambers. 215-2.4.1 Baffle Walls. Shall be constructed of concrete with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60. 215-2.4.2 Turbulence Deflectors. Shall be manufactured of 100% marine grade polyester resin and fiberglass strands and be mounted to the concrete baffles with stainless steel hardware. The turbulence deflectors should be sized to effectively eliminate scouring and re -suspension of previously captured sediments in the sediment removal chambers and creates a flow pattern that encourages suspended solids in influent flows to settle out and accumulate at the bottom of the unit. The all fiberglass deflectors must be coated with a polyester gel coating with ultra violet inhibitors incorporated into the coating for maximum ultra violet protection. 2. Fiberglass must have a minimum thickness of 3/16". 215-3 PERFORMANCE. 215-3.1 General. 215-3.1.1 Function. The unit is a pre-engineered inline hydrodynamic separation system composed of multiple sediment removal chambers, a screening system designed to capture and store solid debris such as foliage and litter in a dry state above the static water line, and a skimmer system to capture oils, grease, and floating pollutants. Page 19 of 30 215-3.1.2 Removal Efficiencies. The unit shall be capable of achieving a minimum of 80% total suspended solids removal (of the size fractions typical for urban runoff) from the design flow rate. The unit must be capable of capturing and retaining 100% of all materials greater than or equal to a specific size as required by state and local regulations and at flow rates listed on submittal drawings. The unit shall be capable of capturing and retaining 90% of oils and grease. The unit shall not release material during flow events greater than the design flow rate. All removal efficiencies shall be tested in accordance with section 215-3.2. 215-3.1.3 Hydraulic Capacity. The unit shall provide a rated hydraulic capacity, which is consistent with governing water treatment regulations. 215-3.1.4 Storage Capacity. The unit must have multiple sediment removal chambers for storage of sediments and other non-floatable pollutants. The volume of each sediment removal chamber will be called out on the submittal drawings. The unit must have a skimmer to capture floatable pollutants. The skimmer shall be equipped with storm booms per section 215- 2.2. The storm boom must be capable of capturing up to 180% of its weight in oils & grease along with other emulsified and free floating hydrocarbons and tested per 215- 2.3. 215-3.1.5 Pollution Separation. The unit must be equipped with a screening system capable of capturing and storing solid debris such as foliage and litter in a dry state above the static water line. The debris captured by the screening system must be stored a minimum of 3.5" above the static water line. The screening system must be located directly under the systems access hatch(s) to allow easy maintenance and removal of captured debris. 215-3.2 Test Performance. At a minimum, the unit must meet all of these testing performance standards and have a Manufactures Performance Certification per 215-5.2: 215-3.2.1 Independent Third Party Testing. The unit must be tested and verified by a nationally recognized testing protocol and meet these testing standards; Approved by New Jersey Corporation for Advanced Technology (NJCAT), Technology Assessment Protocol — Ecology Program (TAPE), Technology Page 20 of 30 Acceptance and Reciprocity Partnership (TARP), or Environmental Technology Verification Program (ETV). 2. Must use a particle size distribution with an average mean of 63 microns (5% clay / 40% silt / 55% sand). Testing must have been performed with the unit 50% pre -loaded with sediment. 3. At 50% and 100% storage capacity and 125% treatment flow rate the unit must demonstrate no scouring of previously captured sediment. 215-3.2.2 Full Capture Approval. Full capture is defined as 100% removal of all materials of a specific size as required by state and local regulations. 215-3.2.3 Oil and Grease Removal. The unit must be independently tested by a city or government agency to capture a minimum of 90% of all oils and grease along with other emulsified and free floating hydrocarbons. 215-3.2.4 Field Testing. The unit must be independently field tested by a city or government agency and demonstrated to remove a minimum of 80% TSS 215-4 EXECUTION. 215-4.1 General. The installation of the unit shall conform to all applicable national, state, municipal and local specifications. 215-4.2 Installation. The Contractor shall furnish all labor, equipment, materials and incidentals required to install the unit and appurtenances in accordance with the drawings and these specifications. 215-4.2.1 Grading and Excavation. The site shall be properly surveyed by a registered professional surveyor, and clearly marked with excavation limits and elevations. After site is marked it is the responsibility of the contractor to contact local utility companies and/or DigAlert to check for underground utilities. All grading permits shall be approved by City before commencement of grading and excavation. Soil conditions shall be tested in accordance with the City's requirements. All earth removed shall be transported, disposed, stored, and handled per governing agencies standards. It is the responsibility of the contractor to install and maintain proper erosion control measures during grading and excavation operations. Page 21 of 30 215-4.2.2 Compaction. Shall be to a relative compaction of 90% from the top of the bedding section to 12 inches below pavement subgrade, or finished grade where there is no pavement, and 95% from 12 inches below pavement subgrade to pavement subgrade. 215-4.2.3 Backfill. Shall be placed according to the manufacturer recommendations and per City standards, and with a minimum of 12" of gravel under all concrete structures. 215-4.2.4 Concrete Structures. After backfill has been inspected by the City and approved the concrete structures shall be lifted and placed in proper position per plans. 215-4.3 Shipping, Storage and Handling. 215-4.3.1 Shipping. The unit shall be shipped to the contractor's address or job site, and is the responsibility of the contractor to offload the unit(s) and place in the exact site of installation. 215-4.3.2 Storage and Handling. The contractor shall exercise care in the storage and handling of the unit and all components prior to and during installation. Any repair or replacement costs associated with events occurring after delivery is accepted and unloading has commenced shall be borne by the contractor. The unit and all components shall always be stored indoors and transported inside the original shipping container until the unit is ready to be installed. The unit shall always be handled with care and lifted according to OSHA and NIOSA lifting recommendations and/or contractor's workplace safety professional recommendations. 215-4.4 Maintenance and Inspection. 215-4.4.1 Inspection. After installation, the contractor shall demonstrate that the unit has been properly installed at the correct location, elevations, and with appropriate components. All components associated with the unit and its installation shall be inspected by the engineer and manufacture at the place of installation. In addition, the contractor shall demonstrate that the unit has been installed per the manufacturer's specifications and recommendations. 215-4.4.2 Maintenance. Page 22 of 30 A Maintenance Manual will be provided to the City from the manufacturer. The manual shall detail information regarding the maintenance of the unit. 215-4.4.3 Material Disposal. After installation and before final acceptance by the City all debris, trash, organics, and sediments captured by the unit shall be transported and disposed of at an approved facility for disposal in accordance with local and state requirements. Contractor shall refer to applicable state and local regulations for the proper disposal of toxic and non- toxic material. 215-5 QUALITY ASSURANCE. 215-5.1 Warranty. The unit's components shall be guarantee against all manufacturer originated defects in materials or workmanship for a period of twelve (12) months from the date of substantial completion for installation. The work performed by the Contractor shall in no way void the manufacturer's warranty. The Warranty shall be in the Name of the City of Newport Beach. The manufacturer shall be notified of repair/replacement issues in writing within the referenced warranty period. The manufacturer shall, upon its determination of repair, correct or replace any manufacturer originated defects identified by written notice within the referenced warranty period. The manufacture and/or Contractor shall provide all labor and materials necessary to repair, correct or replace the defects within the 12 month period. The unit is limited to recommended application for which it was designed. 215-5.2 Performance Certification. The manufacturer shall submit to the Engineer a "Manufacturer's Performance Certificate' certifying the unit is capable of achieving the specified removal efficiency for suspended solids as typically found in storm water runoff. The manufacture shall also provide a certification from a Licensed Civil Engineer that the unit(s) will remove a minimum of 80% of total suspended solids (of the size fractions typical for urban runoff or as required by local regulations) from the design flow rate. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.3 Removal and Disposal of Materials. Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: Page 23 of 30 http://newportbeachea.gov/index.asr)x?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements. (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Ailey Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1 '% inch" of the last sentence with the words "two (2) inches'. 300-1.4 Payment. Delete Subsection in total and substitute with the following: "Unless otherwise provided in the specifications, no payment will be made for clearing and grubbing including but not limited to removal of existing street section, concrete curb, walk, gutters, etc. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such is required, incidental or appurtenant. Said cost shall also include full compensation for all labor and materials including required saw cutting, removal and disposal of materials." Add the following Section 301.5 Solid Waste Diversion. 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. Page 24 of 30 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: "Unclassified excavation shall include excavating, removing, hauling and disposal of all material including asphalt concrete, concrete base and aggregate base to the subgrade as required to construct the new improvements. Removal of asphalt concrete, concrete base, aggregate base and native soil shall be made at the locations shown on the plans, or as specified in the field by the Engineer. Asphalt pavement shall be removed to clean straight lines by saw cutting. The areas and quantities shown on the plans are given only for the Contractor's aid in planning the Work and preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedent over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Unless directed otherwise by the Engineer stockpiling of removal material will not be allowed in or around the project site." 300-2.9 Payment. Add the following: "Unless otherwise provided for in the specifications, no payment will be made for unclassified excavation. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such excavation is required, incidental or appurtenant. Said cost shall also include full compensation for all required saw cutting of removal areas." 300-4 UNCLASSIFIED FILL. 300-4.3 Other Fill Material. Delete subsection in total and substitute with the following: "Brick rubble, broken asphalt pavement, and broken concrete originating from the project will be disposed of at the Contractor's expense at an approved landfill or recycling site." 300-4.9 Measurement and Payment. Delete subsection in total and substitute with the following: "Unless otherwise provided for in the specifications, no payment will be made for unclassified backfill. The cost Page 25 of 30 thereof shall be considered as included in the price bid for the construction or installation of the items to which such backfill is required, incidental or appurtenant." 301-1.7 Payment. Delete the last paragraph and add the following: 'Payment for adjusting manhole frames and covers to grade will be made at the Contract Unit Price for adjusting each manhole frame." 301-2 UNTREATED BASE. 301-2.4 Measurement and Payment. Delete subsection in total and substitute with the following: "Unless otherwise provided for in the specifications, no payment will be made for untreated base. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such untreated base is required, incidental or appurtenant." SECTION 302 • ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT. 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS. 303-5.1 Requirements. 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed Page 26 of 30 within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing. 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter. Add to this section: `The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS. 306-1.1 Trench Excavation. 306-1.1.1 General. Replace the last sentence in the third paragraph and add the following: "If tidal, storm drain, surface and/or groundwater is encountered, the Contractor shall dispose of it per 7-8.6.4. The trench shall be dewatered to a minimum depth of 12 inches below the outside diameter of pipe or structure. Payment for dewatering shall be included with the Hydrodynamic Separation Unit as specified in the Special Provisions." 306-1.1.6 Bracing Excavations. Add the following: "Unless otherwise provided in the specifications, no payment will be made for trench shoring. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such is required, incidental or appurtenant. Said cost shall include full compensation for all required labor and materials, and performing all work as specified to brace excavations or provide an Page 27 of 30 equivalent method for protection of workers per Section 6707 of the California Labor Code. No other measurement or additional compensation will be allowed therefor. The Contractor shall use shoring complying with the CAUOSHA construction safety orders for constructing the work shown on the plans" 306-1.2 Installation of Pipe. 306-1.2.1 Bedding. Replace the second sentence of the second paragraph with the following: "Bedding for pipe shall conform to City Standard Plans and as modified per these specifications. Additional bedding ordered by the Engineer, over the amount indicated on the plans due to unsuitable material, shall be paid for per 3-3." 306-1.3 Backfill and Densificaiton. 306-1.3.3 Water Densified Backfill. Delete Subsection in total and substitute with the following: "Water densified backfill will not be permitted." 306-1.3.4 Compaction Requirements. Delete Subsection in total and substitute with the following: "Trench backfill shall be compacted to a relative compaction of 90% from the top of the bedding section to 12 inches below pavement subgrade, or finished grade where there is no pavement, and 95% from 12 inches below pavement subgrade to pavement subgrade." 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Modify as follows: "Temporary pavement resurfacing shall be required for all backfilled trenches at the end of each work day, unless otherwise directed by the Engineer. As used in 306-1.5.1, the word "maintained" shall mean that the Contractor shall provide a relatively smooth surface over the trench free of deformations greater that '/ inch in both transverse and longitudinal directions. Where the trench sags because of inadequate trench compaction, the Contractor shall remove the existing temporary resurfacing, recompact the backfill, and restore the temporary resurfacing. Temporary pavement resurfacing shall in no case remain for more than five working days after final construction of appurtenances on a street. Page 28 of 30 Payment for Temporary asphalt concrete pavement shall be considered to be included in the contract price bid for the construction or installation of the items to which temporary resurfacing is required, incidental or appurtenant. Said cost shall include full compensation for all required labor and materials, and performing all work as specified. No other measurement or additional compensation will be allowed therefor." 306-1.6 Bases of Payment for Open Trench Installations. Delete the second paragraph and substitute with the following: "Unless otherwise provided in the specifications, no payment will be made for open trench installations. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which open trench installation is required, incidental or appurtenant. Said cost shall include full compensation for all required labor and materials, and performing all work as specified. No other measurement or additional compensation will be allowed therefor." SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION K--5cVT=- a Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines, if required. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut Page 29 of 30 a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Payment for pruning and removing tree roots shall be considered to be included in the contract price bid for the construction or installation of the items to which pruning and removing tree roots is required, incidental or appurtenant. Said cost shall include full compensation for all required labor, materials and arborist, and performing all work as specified. No other measurement or additional compensation will be allowed therefor. PART 4 400-2 UNTREATED BASE MATERIALS. 400-2.1 General. 400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." Page 30 of 30 City of Newport Beach Contract No. 5954 G-1 American Geotechnical, Inc. GEOTECHNICAL ENGINEERING /MATERIALS TESTING & INSPECTION December 22, 2014 City of Newport Beach Public Works Engineering Department 100 Civic Center Drive Newport Beach, CA 92660 Attn: Mr. Benjamin Davis, Associate Engineer Subject: GEOTECHNICAL REPORT FOR HELIOTROPE AVENUE Heliotrope Avenue at Bayside Drive Newport Beach, California Dear Mr. Davis: File No. 33602-04 In accordance with your request, American Geotechnical has completed a geotechnical investigation of the subject project site located at Bayside Drive Park at the northwest corner of Heliotrope Avenue at its intersection with Bayside Drive in Newport Beach, California. The purpose of this investigation was to evaluate the site conditions and to make geotechnical recommendations for the proposed stormwater improvements. Our findings, conclusions, and preliminary recommendations for earthwork are presented below. 1.0 SCOPE OF WORK The scope of work performed during this investigation included the following: • Review of geologic maps and reports prepared by others for the project vicinity; • Excavation and logging, using visual and tactile methods, of one small -diameter boring; • Collection of undisturbed and bulk samples of representative materials encountered in the boring; • Laboratory testing of the selected soil samples; • Engineering analyses of field and laboratory data, and • Preparation of this report summarizing our field investigation, laboratory testing, findings, conclusions and recommendations. 22725 Old Canal Road, Yorba Linda, CA 92887 - (714) 685-3900 - FAX (714) 685-3909 2640 Financial Court, Suite A, San Diego, CA 92117 - (858) 450-4040 - FAX (858) 457-0814 3100 Fite Circle, Suite 103, Sacramento, CA 95827 - (916) 368-2088 - FAX (916) 368.2188 5600 Spring Mountain Road, Suite 201, Las Vegas, NV 89146 - (702) 562-5046 - FAX (702) 562-2457 American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 2 2.0 The project site is situated in an existing park (Bayside Drive Park) located at the northwest corner of the intersection of Heliotrope Avenue and Bayside Drive as indicated on Plate 1. The park includes an asphalt driveway which serves residential homes along the northern margin of the park. 3.0 PROPOSED PROJECT We understand that the project includes storm -drain inlet improvements including installation of a precast concrete continuous deflective separator (CDS) unit at an existing stormwater catch basin located along Heliotrope Avenue in Newport Beach, California. We further understand that the invert of the existing storm drain is approximately 8 -feet below grade and that the CDS unit is to be installed about 10 to 15 feet below the pipe invert elevation. 4.0 Our subsurface investigation included drilling one (1) small -diameter boring within the asphalt driveway of the project site on December 14, 2014, at the approximate location shown on Plate 2. The boring was drilled using an 8 -inch diameter hollow -stem auger drill rig under the observation of a State of California Certified Engineering Geologist. The materials encountered in Boring AGSB-1 consisted of approximately 4-1/2 feet of moist, firm, dark brown gravelly sandy clay (fill soils) overlying native alluvial sediments composed of moist, stiff, dark brown clayey gravely sand to a depth of 7 feet below the ground surface. These sediments were underlain by alluvial deposits composed of dense clayey gravel (with large rock fragments), stiff sandy clay, dense clayey sand, gravelly clay, and clay deposits to a depth of 31 feet (limits of sampling). A very dense caliche lense was encountered between 13 to 15 feet which was very hard to drill through with the drill rig. Groundwater was not encountered in the boring at the time of drilling. The soil boring was backfilled with soil cuttings derived from the drilling activities. The asphalt core was patched with "cold patch asphalt" to match the existing driveway surface conditions. ®American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 3 The boring was logged by our field personnel using both visual and tactile methods. A detailed log of the boring is presented in Appendix B. Representative samples of the subsurface materials were collected and forwarded to the laboratory for the purpose of estimating material properties for use in subsequent engineering evaluations. 5.0 SITE GEOLOGY AND SEISMIC HAZARDS Available geologic publications (see Appendix A) indicate that the project site is underlain by Quaternary - age terrace deposits (undifferentiated marine and non -marine sands, silts, gravels) overlying Tertiary -age Monterey formation (light -gray to gray -brown shale and siltstone). The sediments encountered in the soil boring below 7 feet appear to be consistent with the published descriptions of the Quaternary -age terrace deposits and not representative of the Monterey formation sediments.. There are no faults mapped across the project site; however, the site, like most of southern California, is situated within a seismically active region. The closest active fault to the project site is the offshore segment of the Newport -Inglewood Fault located approximately 2.6 miles to the south. A summary of the local faults, the distances to the project site, estimated maximum magnitude earthquake, and estimated ground movement at the site resulting from an earthquake along each of these faults is included in Appendix C. A summary of the nearby faults (within 20 miles of the project site) is summarized in Table 1 below: TABLE 1 SUMMARY OF FAULT CHARACTERIZATIONS APPROXIMATE MAXIMUM FAULT DISTANCE FROM TYPE OF FAULT EARTH4UAKE SITE MAGNITUDE (Mw} Newport -Inglewood 2.6 miles Right - Reverse 6.9 (Offshore Segment) Newport -Inglewood 3.5 miles Right Lateral - 6.9 (L.A. Basin Segment) Reverse Compton Thrust 12.7 miles Thrust 6.8 Palos Verdes 14.2 miles Thrust 7.1 Elysian Park Thrust 18.5 miles Thrust 6.7 American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 4 Note: Data derived from EQFault Analysis Seismic hazards for any site in southern California include primary hazards (ground rupture and ground shaking) and secondary hazards (liquefaction, ground settlement, lurch cracking, lateral spreading, and landslides). The primary and secondary hazards for the project site are addressed below: Fault Rupture Surface rupture occurs when movement on a fault breaks through to the surface. The rupture almost always follows preexisting faults, which are zones of weakness, and may occur suddenly during an earthquake or slowly in the form of fault creep. Sudden displacements are more damaging to structures because they are accompanied by shaking. The project area is not located within an Alquist-Priolo Earthquake Fault Zone, and no active faults are mapped to pass through the project site. Therefore, the risk of ground surface fault rupture at the project site is low. Ground Shaking The intensity of the seismic shaking or strong ground motion at the project site during an earthquake depends on the distance between the project area and the epicenter of the earthquake, the magnitude of the earthquake, and the geologic conditions underlying and surrounding the site. Earthquakes occurring on faults closest to the project site would most likely generate the largest ground motions within the project area. The EQFault analysis (Appendix C) estimates that the degree of ground shaking reported as peak ground acceleration (%g) at the project site would be 0.477g. This data suggests that the project site is at moderate to high risk of experiencing strong to intense ground shaking for future earthquakes along the local active faults. Liquefaction and Differential Compaction Liquefaction is a phenomenon in which saturated granular sediments temporarily lose their shear strength during periods of earthquake -induced strong ground shaking. The susceptibility of a site to liquefaction is a function of the depth, density, and water content of the sediments and the magnitude of an earthquake. Saturated, unconsolidated silts, sands, silty sands, and gravels within 50 feet of the ground surface are most susceptible to liquefaction. Typical effects of American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 5 liquefaction include loss of bearing strength, lateral spreading, and settlement. Differential compaction occurs when unsaturated, cohesionless soil is densified by earthquake vibrations, causing differential settlement. The sediments beneath the project site consist of stiff to dense clay, clayey gravels, and clayey sands and gravels, and the information obtained from the State of California Geotracker Database indicates that water levels in the project area exceed a depth of 50 feet below the ground surface; therefore, the project site has a low susceptibility for liquefaction. The general nature of the underlying unconsolidated alluvial sediments consist of interbedded lenses of rock fragments, river gravels, sand, and clayey sand and are considered to have a low to moderate potential for differential compaction during an earthquake. Earthquake -induced Lurch Cracking, Lateral Spreading, and Landslides The project site is situated within a generally flat to gently sloping portion of the property; and therefore, the project site has a low susceptibility for lurch cracking, lateral spreading, or landslide activity during a strong earthquake event. Tsunamis and Seiches The project site is not adjacent or proximal to any open bodies of water; therefore, the project site has a low susceptibility for inundation from tsunamis or seiches. 6.0 LABORATORY TESTING Laboratory testing was performed on samples collected during our field exploration. Samples were tested for the purpose of estimating material properties for use in the subsequent engineering evaluation. Tests included in-situ moisture/density, maximum density and optimum moisture content, collapse/swell potential, direct shear, and chemical tests. A summary of our laboratory test results is presented in Appendix D. American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 6 7.0 CONCLUSIONS AND RECOMMENDATIONS Geotechnical exploration, analyses, experience, and judgment result in the conclusion that the proposed site improvements are geotechnically feasible. It is our opinion that the site can be improved without hazard of landslide, slippage, or damaging settlement, and improvements can occur without similar adverse impact on adjoining properties. Realizing this expectation will require adherence to good construction practice, agency and code requirements, the recommendations in this report, and possible addendum recommendations made after plan review and at the time of construction. 7.1 Seismic Design Parameters The closest known active fault to the site is the Newport -Inglewood Fault, located approximately 2.6 miles to the south. The following seismic design parameters, based the 2013 Edition of the California Building Code (CBC), Chapter 16, Section 1613, are provided below for consideration in the design. 1. Site Class IC 2. Mapped spectral accelerations • SS (for short periods) 1.699 e S, (for 1 -second period) 0.622 3. Site adjusted spectral accelerations • Sms (for short periods) 1.699 • SM, (for 1 -second period) 0.933 4, Design spectral accelerations Sos (for short periods) 1.133 • Scl(for 1 -second period) 0.622 It should be realized that the purpose of the seismic design, utilizing the above parameters, is to safeguard against major structural failures and loss of life, but not to prevent damage altogether. Even if the structural engineer provides designs in accordance with the applicable codes for seismic design, the possibility of damage cannot be ruled out if moderate to strong shaking occurs as a result of a large earthquake. This is the case for essentially all structures in southern California. American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 7 7.2 Gradin General It is anticipated that the proposed construction will require grading at the site. When grading is conducted, it should be done in accordance with good construction practices, minimum code requirements, and the recommendations to follow. General guidelines for grading projects are also provided in Appendix E. Site Preparation and Grading Prior to the start of grading operations, utility lines within the project area, if any, should be located and marked in the field so they can be rerouted or protected during site development. All debris and perishable material should be removed from the site. Based on available information, the proposed construction may require approximately 20 -feet deep temporary excavation. The contractor should provide temporary construction slopes, sheeting, and bracing as necessary to protect workers in the excavation. Our investigation indicates that the site is underlain by unconsolidated alluvial sediments consisting of interbedded lenses of dense clayey gravel (with large rock fragments), stiff sandy clay, dense clayey sand, gravelly clay, and clay deposits, and as such steep excavations may be subject to caving. Temporary cut slopes up to approximately 1.5:1 (horizontal to vertical) in steepness should be stable. We recommend that the excavation be performed under continuous geotechnical inspection and monitored throughout the construction period. Care should be taken to remove loose material from the top and sides of the excavation. The contractor should take appropriate action to maintain safe working conditions. We recommend that the stormwater separator pad be over -excavated by a minimum of 1 foot and backfilled with imported 3/4 inch crushed rock. Prior to the placement of the crushed rock, the upper 6 to 8 inches of the surface soil exposed by the over -excavation should be scarified, moisture -conditioned to 2 to 3 percent over optimum moisture content, and compacted to minimum 90 percent relative compaction.' If localized areas of relatively loose soil prevent proper compaction, additional removal/over-excavation and re -compaction will be necessary. The crushed rock to be placed over the finished subgrade should be properly compacted. ' Relative compaction refers to the ratio of the in-place dry density of soil to the maximum dry density of the same material as obtained by the "modified proctor" (ASTM D1557) test procedure. American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 8 All grading should be conducted in accordance with the applicable codes, agency requirements, the aforementioned recommendations, and the grading guidelines which accompany this report as mentioned above. Temporary Excavation and Shoring Approximately 20 feet deep temporary excavation is anticipated for the project. We recommend that the temporary excavation slopes not be steeper than 1.5:1 (horizontal to vertical). If excavations with vertical walls are planned, temporary shoring should be designed and implemented at the site. The recommended lateral active and passive pressures for the cantilevered shoring are 40 pcf and 300 pcf, respectively. In addition to the earth pressures, applicable surcharge loads should also be considered in the shoring design. Where excavations undermine existing improvements, such as the existing walls, etc., temporary structural support should be provided to reduce the risk of damage resulting from undercutting. 7.3 Preliminary Foundation Recommendations General Minimum criteria for the design of foundations applicable to the project are provided below. The criteria should not be considered as substitutes for actual designs by the structural engineer. The structural engineer should analyze the actual soil -structure interaction and consider, as needed, bearing, expansive soil influence, strength, stiffness, and deflections in the various slab, foundation, and other elements of the structure, in order to develop appropriate, design -specific details. As conditions dictate, it is possible that other influences will also have to be considered. The structural engineer should consider all applicable codes and authoritative sources where needed. If analyses by the structural engineer result in less critical details than are provided herein as minimums, the minimums presented herein should be adopted. It is considered likely that some, more restrictive details will be required. If the structural engineer has any questions or requires further assistance, please do not hesitate to call or otherwise transmit the engineer's requests. American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 9 Foundation Design The proposed subsurface structure may be supported on a structural (mat) slab foundation. The structural slab system can be constructed on compacted crushed rock placed at the bottom of the excavation. The following design values should be utilized in the design by the structural engineer; Allowable bearing capacity ............................. ................... ..................................... ..... ...2,200 psf Allowable Passive Pressure..............................................................................................300 pcf Allowable friction coefficient.....................................................................................................0.4 Soil Modulus of subgrade reaction....................................................................................100 pci Settlement/Heave Consolidation settlement is not anticipated due to excavation of soil. In fact, a net loss of confining pressure due to excavation of soil will result in heaving. The anticipated potential heave is less than 1/2 inch. It should also be realized that some of this heave will occur during construction. For design purposes, we recommend that a total and differential movements of 1/2 and 1/4 inch, respectively be utilized. Even though the consolidation settlement/heave is not anticipated to be a significant factor in the design, settlement due to hydro -consolidation of predominantly granular terrace deposits underlying the site may impact the future performance. Hydro -consolidation occurs when the soil becomes saturated. Since the proposed buried structure will be filled with water, we recommend that efforts be taken not to allow water to leak into the subgrade. We recommend that a waterproofing system below the foundation slab as well as side walls be designed and implemented. 7.4 Lateral Earth Pressure The side walls of the water storage structure should be designed to resist the lateral earth pressure of 50 pounds per cubic foot (pcf) for level backfill conditions. If the structure is restrained at the top, an at -rest earth pressure of 70 pcf should be utilized in the design. The allowable passive pressure is 300 pcf. Appropriate allowances should be made for anticipated surcharge loading. It is assumed that the project engineer will incorporate an appropriately designed wall backdrain system for the purpose of mitigating American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 10 potential for hydrostatic and/or seepage forces. It is also assumed that the walls are backfilled with predominantly granular, non -expansive materials. The uppermost 1.0 to 1.5 feet should be backfilled with more cohesive material to minimize surface infiltration. For seismic loading conditions, an additional seismic earth pressure of 20 pcf should be added to the static earth pressures given above. It should be noted that the static earth pressures have a triangular distribution, with the largest pressure occurring at the bottom of the wall, while the seismic earth pressure is applied as an inverted triangle, with a largest pressure at the top of the wall. For simplicity, the seismic earth pressure can be applied as a uniform pressure equal to 10 times H, where H is the retaining height. It should be pointed out that the use of heavy compaction equipment in close proximity to the retaining walls can result in excess wall movement and/or soil loadings exceeding the design values. in this regard, care should be taken during the backfilling operations. 7.5 Concrete Laboratory testing indicated that the surface soil at the site has low levels of sulfates, and as such no special sulfate resistant concrete mix design is required. However, we recommend that low -permeable concrete be utilized for the project. For this purpose, the water -to -cement ratio in the concrete should be limited to 0.5 (0.45 preferred). Use of utilizing Type V cement is also preferred. Limited use (subject to approval of mix designs) of a water -reducing agent may be included to increase workability. The concrete should be properly cured to minimize risk of shrinkage cracking. One -inch hard rock mixes are recommended. Pea -gravel mixes are specifically not recommended but could be utilized for relatively non-critical improvements (e.g., flatwork) and other improvements provided the mix designs consider limiting shrinkage. Contractors/other designers should take care in all aspects of designing mixes, detailing, placing, finishing, and curing concrete. The mix designers and contractor are advised to consider all available steps to reduce cracking. The use of shrinkage compensating cement or fiber reinforcing should be considered. Mix designs proposed by the contractor should be considered subject to review by the project engineer. 7.6 Corrosion Potential In addition to sulfate tests, Chloride, pH, and resistivity tests on near -surface site soil were performed. Results of these tests are presented in Appendix D. Test results indicate significant risk of corrosion to American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 11 buried metals indicated by low resistivity values. Appropriate design considerations should be made for the risk of damage from this corrosion. 7.7 Plan Review When detailed grading and structural plans are developed, they should be forwarded to this office for review and comment. 7.8 Agency Review All soil, geologic, and structural aspects of the proposed development are subject to the review and approval of the governing agency(s). It should be recognized that the governing agency(s) could dictate the manner in which the project proceeds. They could approve or deny any aspect of the proposed improvements and/or could dictate which foundation and grading options are acceptable. 7.9 Field Construction Review During construction, a number of reviews by this office are recommended to verify the site geotechnical conditions and conformance with the intentions of the recommendations for construction. Although not all possible geotechnical observation and testing services are required by the City, the more site reviews requested, the lower the risk of future problems. The following site reviews are advised, some of which will probably be required by the agencies. Preconstruction/pregrading meeting......................................................... Advised Periodic soil and geologic observation and testing during any grading ....Required Foundationexcavation............................................................................Required Reinforcement for slab/foundations.......................................................... Advised Unless otherwise agreed to in writing, all supplemental consulting services will be provided on an as - needed, time -and -expense fee schedule basis. American Geotechnical, Inc. File No. 33602-04 December 22, 2014 Page 12 8.0 REMARKS Only a portion of subsurface conditions have been reviewed and evaluated. Conclusions, recommendations, and other information contained in this report are based upon the assumption that subsurface conditions do not vary appreciably between and adjacent to the observation points. Although no significant variation is anticipated, it must be recognized that variations can occur. This report has been prepared for the sole use and benefit of our client. The intent of this report is to advise our client on geotechnical matters involving the proposed improvements. It should be understood that the geotechnical consulting provided and the contents of this report are not perfect. Any errors or omissions noted by any party reviewing this report and/or any other geotechnical aspect of the project should be reported to this office in a timely fashion. The client is the only party intended by this office to directly receive the advice. Subsequent use of this report can only be authorized by the client. Any transferring of information or other directed use by the client should be considered "advice by the client." Geotechnical engineering is characterized by uncertainty. Geotechnical engineering is often described as an inexact science or art. Conclusions and recommendations presented herein are based upon the evaluation of technical information gathered, experience, and professional judgment. The conclusions and recommendations presented should be considered "advice." Other consultants could arrive at different conclusions and recommendations. Typically, "minimum" recommendations have been presented. Although some risk will always remain, lower risk of future problems would usually result if more restrictive criteria were adopted. Final decisions on matters presented are the responsibility of the client and/or the governing agencies. No warranties in any respect are made as to the performance of the project. American Geotechnical, Inc. File No. 33602.04 December 22, 2014 Page 13 The opportunity to work with you on this project has been greatly appreciated. Should you have any questions regarding the contents of this report, please do not hesitate to contact our office. Respectfully submitted, AM Aru Prir G.E Enclosures: Plates 1-2 Appendix A — References Appendix B — Boring Log Appendix C — EQFault Data Appendix D — Summary of Laboratory Data Appendix E — Geotechnical Guidelines for Grading Projects Distribution: Addressee (Regular Mail and Email: bdavis@newportbeachca.pov) wpdata/OCf 33602-04.AA.CG.Dec 22 2014.Stormwaterlmprovements 22725 Old American Geotechnical, Inc. anal Road, Yorba Linda, CA 9; ) 585-3900, Fax: (714) 685.34 CITY OF NEWPORT BEACH STORMDRAIN IMPROVEMENTS HELIOTROPE AVENUE NEWPORT BEACH, CA PROJECT SITE MAP F.N. 33602.04 1 December, 201 Plate 1 INAmerican Geotechnical, Inc. PZ2)s MoIba LU io-714w-3 JMW3.1 CITY OF NEWPORT BEACH STORM DRAW IMPPWEMENTS HELIOTROPEAVEME NEWPORT REACH. CA LEGEND OO INDICATES APPROX LOCATION OF SOIL BORING PROJECT SITE PLAN F.N. 3360204 ' D..RbeC 2014 Plate 2 T AGS61 l W a o 0 W - x INAmerican Geotechnical, Inc. PZ2)s MoIba LU io-714w-3 JMW3.1 CITY OF NEWPORT BEACH STORM DRAW IMPPWEMENTS HELIOTROPEAVEME NEWPORT REACH. CA LEGEND OO INDICATES APPROX LOCATION OF SOIL BORING PROJECT SITE PLAN F.N. 3360204 ' D..RbeC 2014 Plate 2