HomeMy WebLinkAboutC-8151-2 - Median Landscape Turf Replacement Jamboree Road From Ford Road to University Drive'94POF A
May 14, 2020
Conserve Landcare, Inc.
Attn: Kevin Rocker
72265 Manufacturing Road
Thousand Palms, CA 92276
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
Subject: Median Landscape Turf Replacement Jamboree Road from Ford Road to
University Drive — C-8151-2
Dear Mr. Rocker:
On May 14, 2019, 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
May 15, 2019 Reference No. 2019000163033. The Surety for the contract is Argonaut
Insurance Company and the bond number is CMGP0001813. Enclosed is the Faithful
Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
f_nclosure
Premium: $8,511.00
Executed in Three (3) Originals
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO.CMGP0001813
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 8,511.00 __ __-, being at the
rate of $ 16.98 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Conserve Landcare, Inc. hereinafter designated as the "Principal," a contract for The work
necessary for the completion of this contract consists of clearing and grubbing, landscape
establishment and maintenance, irrigation improvements, providing as -built drawings,
and all other incidental items of work necessary to complete the work in place. 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 Argonaut 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 Five
Hundred One Thousand Eighty Nine Dollars and 611100 ($501,089.61) 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, arid in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by 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.
Conserve Landcare, Inc. Page B-1
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 20th day of November 2018 .
Conserve Landcare, Inc.
Name of Contractor (Principal)
Argonaut Insurance Company
Name of Surety
CIO CMGIA 20335 Ventura Blvd, Suite 426
Woodland Hills, CA 91364
Address of Surety
(866)363-2642
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 12- 2,01 b
Aaron C. Harp
City Attorney
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Conserve Landcare, Inc,. --` - Page B-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code § 1189
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.
State of California
County of V,(Vul/Je
On c2l — N, before me,
Data
personally appeared
KELLY L. MCFADDEN
Notary Public - California
Riverside County
Commission # 2200293
My Comm. Expires lul 2, 2021
s�
Place Notary Seal Above
111, n��hr�r, rLA
el (1�70Y1Z_IA
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 2nd 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 istrue
and correct.
WITNESS my hand and
Signature:
ACKNOWLEDGMENT
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.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature -
(seal)
ACKNOWLEDGMENT
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.
State of California
County of___ __� ss.
On 20 before me, _
Notary Public, personally appeared _ `—"
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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 (seal)
Conserve I_andcare, Inc. Page B-3
CMGP0001813 Argonaut Insurance Company $8,511.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MF.N RY THESEPRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabrielle Grady. Shilo Lee Losino Stephanie Hone Shear
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seat and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$10,000,000.0
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the
Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to he hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017. •� Argonaut Insurance Company
oU „
STATE OF TEXAS
COUNTY OF HARRIS SS:
,. x,s6 R:yy� •,,
=:a 7,�,yopri�. ��•s
SEAL;%a b
i,�:.,.R�a..•: v
,,4•�•4U u,YYa
Joshua C. Betz, Senior Vice President
On this 8th day of May, 2017 AD., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came
THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument,
and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by theauthority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
,•��"C; rnrr, i`. rr-n r.tr.t ;v€cK�
s:\Q}i'ltAlr'1 M'Yl. viY'`J.l.Yn
(Notary Public) Nude l V 56/4hl.adta
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto mt my hand, and affixed the Seal of said Company, on the 20th day of November 2018
����1LUHA,y�`•c•,,i
�•.�WOR�iF.`f,t
3 SEAL N -
Sarah I lcineman , VP -Underwriting Surety
•m m
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321- 8400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
.M�AM.2Nl.�^lYl^M.
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.
State of California
County of LOS ANGELES
My Z 0 2019
On before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared GABRIELLA GRADY
Names) of Signer(s)
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.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my han%dolfic.,al seal.
Signatur
Silrl9dture of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
LI Corporate Officer — Title(s):
❑ Partner — LI Limited L 1 General
I I Individual 1.7 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other: _
Signer Is Representing:
Signer's Name:
LI Corporate Officer — Title(s):
I I Partner — I 1 Limited 11 General
C 1 Individual I _I Attorney in Fact
I I Trustee L I Guardian or Conservator
I I Other:
Signer Is Representing: _--
---- --------------
,�i.
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
SHIRLEY GIGGLES
{�F
Notary Public � California
k �' �
Los Angeles County
Commission K 2163817
1y, > na?, Expires Sep 7, 20?U
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my han%dolfic.,al seal.
Signatur
Silrl9dture of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
LI Corporate Officer — Title(s):
❑ Partner — LI Limited L 1 General
I I Individual 1.7 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other: _
Signer Is Representing:
Signer's Name:
LI Corporate Officer — Title(s):
I I Partner — I 1 Limited 11 General
C 1 Individual I _I Attorney in Fact
I I Trustee L I Guardian or Conservator
I I Other:
Signer Is Representing: _--
---- --------------
,�i.
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
July 19, 2019
Conserve Landcare, Inc.
Attn: Kevin Rocker
72265 Manufacturing Road
Thousand Palms, CA 92276
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAX
newportbeachca.gov
Subject Median Landscape Turf Replacement Jamboree Road from Ford Road to
University Drive C-8151-2
Dear Mr. Rocker:
On May 14, 2019 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
May 15, 2019, Reference No. 2019000163033. The Surety for the bond is Argonaut
Insurance Company and the bond number is CMGP0001813. Enclosed is the Labor &
Materials Payment Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
P 7ium: Included in Performance Bond
Executed in 'Three (3) Originals
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. CMGP0001813
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Conserve Landcare, Inc. hereinafter designated as the "Principal," a contract for The work
necessary for the completion of this contract consists of clearing and grubbing, landscape
establishment and maintenance, irrigation improvements, providing as -built drawings,
and all other incidental items of work necessary to complete the work in place. 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, _
Argonaut 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 Five
Hundred One Thousand Eighty Nine Dollars and 61/100 ($501,089.61) 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.
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
Conserve Landcare, Inc. Page A-1
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 20th day of November , 2018 .
Conserve I,andeare, Inc.
Name of Contractor (Principal)
Argonaut Insurance Company
Name of Surety
C/O CMGIA 20335 Ventura Blvd, Suite 426
Woodland Hills, CA 91364
Address of Surety
(866)363-2642
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:.
By: ,d.,i Lt %nJl�fi1J+ iy/
Aaron C. Harp lku� Ivv• t3
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATiACI-IED
Conserve Landcare, Inc. Page A-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code § 1189
A Notary Public or other officer completingthis 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.
State of California
County of V [ s l A,✓
On '91� ' beforeme,
Dare H.
personally appeared
KELLY L. MCFADDEN
"i. Notary Public - California
Riversidecounty _
Commission q 2200293
My Comm. Expires Jul 2, 2021
Phce Notary SealPbwe
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
methat he/she/they executed the same
in his/her/their authorized capacity(ies),
and that by his/her/theirsignature(s)
on the instrument theperson(s), orthe
entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: l i�
ACKNOWLEDGMENT
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.
State of California
County of )ss.
On 20 before me,
Notary Public, personally appeared
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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
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.
State of California
County of
On
-j ss.
20 before me,
(seal)
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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
(seal)
Conserve Landcare, Inc. Page A-3
CMGP0001813 Argonaut Insurance Company $8,511.00
Deliveries Only: 225 W. Washington 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY TI IF,SF. PRESENTS: That the Argonaut insurance Company, a Corporation duly organized and existing under the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady, Shilo Lee Losino, Stephanie Hope Shear
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$10,000,000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the
Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017. Argonaut Insurance Company
STATE, OF TEXAS
COUNTY OF HARRIS SS:
S�,J�: �oxiORijF Fn't�
Aon
I�SEAL a'
i twa i.t°? b
rut u.
Joshua C. Betz, Senior Vice President
On this 8th day of May, 2017 A.D., before me„ a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came
THE ABOVE. OFFICER OF THE COMPANY, tome personally known to be the individual and officer described in, and who executed the preceding instrument,
and he acknowledged the execution of same, and being by me duly swom, deposed and said that be is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preceding instrument is now in force,
IN TESTIMONY WHEREOF, 1 have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
a"1O v" kYSNLF F. Y, Ht TGFEK$
40. h un rn. fY �wAo
(Notary Public) --_
` �POf _ _•.�ola:Y iD �/ntlza
1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, 1 have hereunto set my hand, and affixed the Seal of said Company, or, the 20th day of November , 2018
..s..
SEALl9-
i UZ;, twa i gF
n �,u
).Vt Ie._ c- -
Sarah Heineman , VP -Underwriting Surety
THIS DOCUMENT ISNOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNF.YARE IN BLUE. IF YOU I4AVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 5400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
r 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.
State of California
County of LOS ANGELES )
On NOV 2 0 2310 before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared
GABRIELLA GRADY
Name(s) of Signer(s)
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.
SHIRLEy GIGGLES
.f a l-101ary Public - California
a, a
a (- Los Angeles County z
Commission # 2160517 >
a f•Ay ('unnn. Expires Sep / ?070
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hd and official seal.
Signature
ture of Notary Public
OPTIONAL
Though this section is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
L7 Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited L7 General
❑ Individual ❑ Attorney in Fact
❑ Trustee Cl Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Batch 4576235 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page 3 of 9
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
�IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII II III NO FEE
. S R 0 0 1 0 8 3 4 9 0 4$
201900016303312:19 pm 05/15/19
90 SCS Nit 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, Cafrfomia, 92660, as Owner, and Conserve Landcare, Inc., Thousand
Palms, California, as Contractor, entered into a Contract on November 13, 2018. Said
Contract set forth certain improvements, as follows:
Median Landscape Turf Replacement Jamboree Road from
Ford Road to University Drive - C-8151-2
Work on said Contract was completed, and was found to be acceptable on
May 14 2019, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Argonaut Insurance Company.
rm
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 i MW 15 t at Newport Beach, California.
BY�u_
City Clerk F NSR,
https://gs.secure-recording.coin/Batcli/Confirmatioti/4576235 05/15/2019
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 Conserve Landcare, Inc., Thousand
Palms, California, as Contractor, entered into a Contract on November 13, 2018. Said
Contract set forth certain improvements, as follows:
Median Landscape Turf Replacement Jamboree Road from
Ford Road to University Drive - C-8151-2
Work on said Contract was completed, and was found to be acceptable on
May 14, 2019, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Argonaut Insurance Company.
m
Pubic 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.
Exec
in
rt Beach, California.
rTYP'Y'•
01k.a.d',red�
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 24t'day of OCTOBER 2018,
at which time such bids shall be opened and read for
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
$563,000
Engineer's Estimate
Approvgd by
Micha I J. Sinacori
Acting City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Mouse Graphics at (949) 548-5571
659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project: "A" or "C-27"
For further information, call Anna Baldenegro, Project Manager at (949) 644-3034
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca.gov/government/open-transparent/onIine-services/bids-rfps-
vendor-registration
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
TABLE OF CONTENTS
NOTICE INVITING BIDS......................................................................................... Cover
INSTRUCTIONS TO BIDDERS.......................................................................................3
BIDDER'S BOND.............................................................................................................6
DESIGNATION OF SUBCONTRACTOR(S)....................................................................9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15
ACKNOWLEDGEMENT OF ADDENDA........................................................................18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICE TO SUCCESSFUL BIDDER............................................................................21
CONTRACT...................................................................................................................22
LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS................................................................. Exhibit C
PROPOSAL............................................................................................................... PR -1
SPECIALPROVISIONS............................................................................................SP-1
2
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
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; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the
Civic Center (Located at 100 Civic Center Dr.)
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. Original copies
must be submitted to the City Clerk's Office.
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. Original copies must
be submitted to the City Clerk's Office by the Bid Opening Date.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
�3
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
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. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. 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.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
4
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been
C-27 958748
Contractor's License No. & Classification 7uthorized Signature/Title
1000009166
10/18/2018
DIR Reference Number & Expiration Date Date
Conserve LandCare
Bidder
5
Bond No.: CMGB0003683
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
BIDDERS BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of their Greatest Amount Bid
Dollars ($ 10% of G.A.B. ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of MEDIAN
LANDSCAPE TURF REPLACEMENT JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY
DRIVE, Contract No. 8151-2 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 19th
Conserve Landcare, Inc.
Name of Contractor (Principal)
Argonaut Insurance Company
Name of Surety
C/O CMGIA 20335 Ventura Blvd,
_day of October 2018.
I/ X44, Psiv��
Authorized Signature/Title
Au� orized Agent Signature
Suite 426, Woodland Hills, CA 91364
Address of Surety
(866)363-2642
Telephone
Stephanie Hope Shear, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & SuretV must be attached)
n.
ACKNOWLEDGMENT
...............................................................................
State of California
County of ) ss.
On before me, Notary Public,
personally appeared
,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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
...............................................................................
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
...............................................................................
State of California
County of
On
5S.
before me,
, Notary Public,
personally appeared
,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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
...............................................................................
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
LV
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
CMGB0003683 Argonaut Insurance Company $0.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existi under the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady, Shilo Lee Losino Stephanie Hope Shear
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$10,000,000.00 `
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the
Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017. ,......... Ar onaut Insurance Com an
STATE OF TEXAS
COUNTY OF HARRIS SS:
.•` uRq "•.
j•• O
,:SEAL: �=
by:
• ....N.... • Y,:
g P Y
Joshua C. Betz, Senior Vice President
On this 8th day of May, 2017 A.D., before ine, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came
THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument,
and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
E,�,
KATHLEEN M. MEEKS=.Notary Public, State of Taxers
+�.-' Comm. Expires 07-15-2021(Notary Public)
�:.` Notary Ip 557902-8
11
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I Have hereunto set my hand, and affixed the Seal of said Company, on the 19th day of October 2018
:• j�: Aga➢riiii j�.F'�i •;
,sera
Sarah Heineman , VP -Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
=^z'�C`.r�Q"�n�.n.-.Rvi.c+t;C.�:i^..c�,_•�.xY'.�:11.c:Y>.�Os.h- - -
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.
State of California
County of LOS ANGELES
On Gu_T 1 9 L0
Date
personally appeared
before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Here Insert Name and Title of the Officer
STEPHANIE HOPE SHEAR
Name(s) of Signer(s)
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.
SHIRLEY GIGGLES
l Notary Public - California
a =® Los Angeles County i
Z(%
' Commission # 2163817
My Comm. Expires Sep 7, 2020
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my han nd official seal.
Signatur
Sign of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited f I General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA•VERNMENT CODE § 8202
_nC_VQC_a .44 _VKIUCR W4.^aC�. saC saC_c�C C..ca•..c�C_.�C� _a•.�Cs�. ss\C..r\C..�C C C C...�C..c�C_s�•_�C_saC_c�C_.a _.� C_a C..
See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any)
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.
State of Calif rnia
County of
KELLY L. MCFADDEN
NotaryPublic- California
z Riverside County >
Commission K 2200293
My Comm. Expires Jul 2, 2021
Subscribed and sworn to (or affirmed) before me
on this 22- day of 06-1-Ut✓�/ , 20_t K
by Date Month Year
(1) Gi v1 N\ CG
4 IC
(and (2)
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
to be the personz7UL//-�—
appeared before me.
Signature
Signature of Notary Public
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Signer(s) Other Than Named Above:
Document Date:
L4'✓'.'✓,'.%4S✓'.✓.4'✓4��.4'✓'.�L.4'✓4'✓4�✓4�✓4�4�✓4'ri4'✓4�4 'y".��.4�4�'•3'.�✓.4'✓ �✓4'ri4'eri'.r.'✓ '✓,'ei, rr..✓ ✓ ,r ar ✓. ✓. ✓. rr ,r ✓, v,
MR i , •is v Lei F I FA&Meiel• oj sm i k, Lei a-memohn k, Leil OKI malloj1*14,02,61MM' 1
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
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 subcontractors as listed in the
Bidder's electronic bid 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. Bidder must also include
current DIR Registration Numbers for each subcontractor used. No changes may be made in these
subcontractors except with prior approvai of the City of Newport Beach nn
Conserve LandCare ��k.-f/V�
Bidder Authorized SignaturelTitle 1/tC*,e/L#,Sr,,>A; ,,—
E
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Conserve LandCare
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
Fnr oll miihlir� mnonw L- nrnion iinij hnvLoii
o 1pinrr4 nn /nr uro ^rrpnthi working thy
i.vvi:oy WV
ng on) o�in �
past 2 years in excess of $120,000, provide the following information:
No. 1 Box Springs Elementary School Slope Renovation
Project Name/Number
Project Description
Clearing existing vegetation, new plants and irrigation
Approximate Construction Dates: From 06/15/2018 To: 08/03/2018
Agency Name
Moreno Valley Unified School District
Contact Person Seaburn Boone
Telephone (51)571-7800 ext 17977
Original Contract Amount $ 378,500 Final Contract Amount $ 374,337
If final amount is different from original, please explain (change orders, extra work, etc.)
There was a $20,000 allowance that was partially used, resulting in a credit.
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
10
No.2 Valley Blvd. Median Renovation
Project Name/Number
Project Description
Relandscape of existing city medians
Approximate Construction Dates: From 03/01 /2018 To: 05/01 /2018
Agency Name City of Colton
Contact Person Jessica Sutorus Telephone( ) 909-370-5561
Original Contract Amount $ 295,200 Final Contract Amount $ 292, 328.32
If final amount is different from original, please explain (change orders, extra work, etc.)
Chanoe orders
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No.
No. 3 Palomar College North Education Center
Project Name/Number
Project Description
Landscape and irrigation at new college annex
Approximate Construction Dates: From 03/15/2018 To: 06/21 /2018
Agency Name Palomar College District
Contact Person John Phillips Telephone (769 744-1150 ext. 3714
Original Contract Amount $1,441,600 Final Contract Amount $ 1 ,417,408
If final amount is different from original, please explain (change orders, extra work, etc.)
There was a $80,000 allowance that was partially used, resulting in a credit.
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
11
No.4 Indio DMV Relandscape
Project Name/Number
Project Description
Turf removal and relandscape DMV facility
Approximate Construction Dates: From 03/01 /2018 To: 03/22/2018
Agency Name Department of Motor Vehicles
Contact Person Christopher Baker Telephone X95)1-906-1131
Original Contract Amount $138,000 Final Contract Amount $ 138,000
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.
No
No. 5 Hoover Elementary School Modernization
Project Name/Number
Project Description Relandscape of portions of elementary school
Approximate Construction Dates: From 05/01 /2017 To: 09/15/2017
Agency Name Desert Sands Unified School District
Contact Person Patrick Cisneros Telephone (7qO 777-4200
Original Contract Amount $ 3989400 Final Contract Amount $ 398,400
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A t
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
No. 6 New Elementary School No. 7
Project Name/Number
Project Description
Landscape and irrigation at new elementary school
Approximate Construction Dates: From 12/01/2017 To: 8/22/2018
Agency Name Desert Sands Unified School District
Contact Person Patrick Cisneros Telephone( 790 777-4200
Original Contract Amount $ 925,000 Final Contract Amount $ 1 ,060,680
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisaltractor's current financial
conditions. 7,
Conserve LandCare
11117
Bidder Authorize Si ature/Title VeC p2.q f LD —
13
RAUL PONCE
SUPERINTENDENT
Summary: An experienced public works construction superintendent
Work Experience:
Marina Landscape 1991-2006
Laborer, Pipefitter, Operator and Foreman on public works landscape
rnnctriirtinn nrniartc thrniiahniit rnjitharn f alifnrnin KIntahla nV.rniartc inrliirla-
1.Petco Park, Disneyland California Adventure.
Sierra Landscape Company
2006-2011
Foreman on public works landscape construction projects throughout Southern
California. Notable projects include; Ontario Soccer Complex, CalTrans projects,
multiple prime educational institution projects.
Conserve LandCare
2011 -Present
General Superintendent on public works landscape construction projects
throughout Southern California. Notable projects include; Palomar College North
Annex, multiple prime educational institution projects, multiple turf conversion
projects for public agencies,
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
NON -COLLUSION AFFIDAVIT
State of California )
County of
Riverside) Ss.
)
Randy Mitchell , being first duly sworn, deposes and says that he or she is
Vice President of Conserve LandCare , 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 o a i o ' that r going is true and correct.
Conserve LandCare
Bidder Authorized Signature/Title tLG4L AWU, X ,--
Subscribed and sworn to (or affirmed) before me on this day of '2018
by , 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.
[SEAL]
14
Notary Public
My Commission Expires:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code § 1189
A Notary Public or other officer completingthis 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.
State of California
Countyof S�vi J
On Zti. 1tS before me, WfAd NO-CA(L4
D.tt Here Insert Name an 1,110 o the O icer
personally appeared �Ivi Cktn N/1 "r lll pn
KELLY L. MCFADDEN
Notary Public - California
z Riverside County a
Commission # 2200293
My Comm. Expires Jul 2, 2021
Place Notary Seal Above
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.
Signature:
Signature of Notary Public
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
DESIGNATION OF SURETIES
Bidder's name Conserve LandCare
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 Broker: Desert Empire Insurance Services, Attn: Sal Sandoval
77564 Country Club Dr. #B-401, Palm Desert, CA 92211 - 760-360-4700
Surety: Argonaut Insurance Services c/o CMGIA
20335 Ventura Blvd. Suite 426, Woodland Hills, CA 91364 - 866-363-2642
15
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Conserve LandCare
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2017
2016
2015
2014
2013
Total
2018
No. of contracts
21
13
8
9
7
6
64
Total dollar
Amount of
7,560,400
5,334,650
5,746,450
2,487,220
1,996,200
1,477,050
24,601,970
Contracts (in
Thousands of $)
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
14
11
3
0
0
1
29
No. of lost
0
0
1
0
0
0
1
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder Conserve LandCare
Business Address: 72265 Manufacturing Road, Thousand Palms, CA. 92276
Business Tel. No.: 760-343-1433
State Contractor's License No. and
Classification: 958748 C-27
Title Corporation
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder _
Date 10/1
Title CEO
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
VICF PRFSInFNT
StGKtIARY
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
17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code § 1189
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.
State of California
County of Ljm�Ae'
c ^
On 1 t� before me,
ate He
personally appeared Gkjy\2Ue
KELLY L. MCFADDEN
Notary Public -California Z
Riverside County
Commission # 2200293
My Comm. Expires Jul 2, 2021
Place Notary Seal Above
I
' (A V, A L11 RA 1 I I _Z �1-w'' 1
U G,o v\ Z c,\
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 andplicial,�eal.
Signature:
Signature of Notary Public
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Conserve LandCare
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received _S�gnature
1 10-17-18
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
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: Conserve LandCare
Business Address: Manufacturing Road, Thousand Palms, CA. 92276
Telephone and Fax Number: 760-343-1433
Califnrnin Cfnfc ('nnfrnnfnr'C I i( -ease No. and Class; 95H74H C-27
.Iii i iviliiG \>iG
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 03/14/2011 Expiration Date: 06/30/2019
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:
Edward Ernst - 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
Bruce Wilson, President/Treasurer, 72265 Manufacturing Road, Thousand Palms, CA. 92276, 760-343-1433
Randy Mitchell, Vice President, 72265 Manufacturing Road, Thousand Palms, CA. 92276, 760-343-1433
George Gonzalez, CEO, 72265 Manufacturing Road, Thousand Palms, CA. 92276, 760-343-1433
Theresa Gonzalez, Secretary, 72265 Manufacturing Road, Thousand Palms, CA. 92276, 760-343-1433
Corporation organized under the laws of the State of California
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
69,&WC /OWD 69C
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
Briefly suum�m/a'riizze the parties' claims and defenses;
AMP
Have you
ever had a contract terminated by the owner/agency? If so, explain.
y
Have you ever failed to complete a project? If so, explain.
ND
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
20
Are any claims or actions unresolved or outstanding? Yes/No
If yes to any of the,aWve, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Conserve LandCare
Bidder
George Gonzalez
(Print name of caner or President
of Corp n/Company)
zed Signature/Title
CEO
Title
10/18/2018
Date
On before me, , Notary Public, personally appeared
, 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.
Notary Public in and for said State
My Commission Expires:
21
(SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code § 1189
A Notary Public or other officer completingthis certificate verifies onlythe identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
Countyof
On before me,
ate H
personally appeared «tI
KELLY L. MCFADDEN
NotaryPublic- California Z
Z _ Riverside County
Commission # 2200293
My Comm. Expires Jul 2, 2021
Place Notary Seal Above
L
-,,) 2-,-m
L�9\ l
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 of5e-al seal.
Signature:
of Notary Public
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
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.
22
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
CONTRACT NO. 8151-2
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day
of November, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and CONSERVE LANDCARE,
INC., a California corporation ("Contractor"), whose address is 72265 Manufacturing
Road, Thousand Palms, California 92276, 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 clearing and grubbing,
landscape establishment and maintenance, irrigation improvements, providing as -
built drawings, and all other incidental items of work necessary to complete the
work in place (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 .
ollows: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. 8151-2, 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 Five Hundred One Thousand Eighty Nine Dollars and
61/100 ($501,089.61).
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 Kevin Rocker 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.
6. NOTICE OF CLAIMS
6.1 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
Conserve Landcare, Inc. Page 2
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.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 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: Kevin Rocker
Conserve Landcare, Inc.
72265 Manufacturing Road
Thousand Palms, CA 92276
Conserve Landcare, Inc. Page 3
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
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.
9. BONDING
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.
10. COOPERATION
Contractor 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 Contractor on the Project.
11. PROGRESS
Contractor 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.
Conserve Landcare, Inc. Page 4
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 Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract 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 Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
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
Conserve Landcare, Inc. Page 5
16. RESPONSIBILITY FOR DAMAGES OR INJURY
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
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,
subconsultants, 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
Conserve Landcare, Inc. Page 6
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. 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.
Conserve Landcare, Inc. Page 7
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
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 Sl,hject
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.
inconsistencies between this Contract and
terms of this Contract shall govern.
In the event there are any conflicts or
any other attachments attached hereto, the
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.
Conserve Landcare, Inc. Page 8
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
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]
Conserve Landcare, Inc. 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: 11JIMI 2101?)
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
FoAaron C. Harp kw It -M-16 Marshall "Duffy" Duffield
City Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONTRACTOR: Conserve Landcare,
Inc., a California corporation
Date:
By:
Signed in Counterpart
George Gonzalez
Chief Executive Officer
Date:
By:
Signed in Counterpart
Theresa Gonzalez
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Conserve Landcare, Inc. Page 10
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' OFFICE
Date: ,�Olb
By. , zt+ .
Fo,/Aaron C. Harp ��•31•�Q
City Attorney
ATTEST: p
Date: p)" b
1� ► �1 I. l
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Y.
Marshall"Du " Duffield
Mayor
CONTRACTOR: Conserve Landcare,
Inc., a California corporation
Date: 11/15/18
ByOief
Gonzalez
ecutive Officer
Date- 11/15/18
By: 6A42,---
Ther'e's-a-Go-h-z"a"liv-
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C - Insurance Requirements
Conserve Landcare, Inc. Page 10
Premium: Included in Performance Bond
Executed in Three (3) Originals
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. CMGP0001813
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Conserve Landcare, Inc. hereinafter designated as the "Principal," a contract for The work
necessary for the completion of this contract consists of clearing and grubbing, landscape
establishment and maintenance, irrigation improvements, providing as -built drawings,
and all other incidental items of work necessary to complete the work in place. 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
�.,eu ..., _V_upo�, �v�, �.� avvut my pullU711�t�liLAe UI 111U VVU1K dyreed to ire done, or ?or 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,
Argonaut 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 Five
Hundred One Thousand Eighty Nine Dollars and 61/100 ($501,089.61) 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.
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
Conserve Landcare, Inc. Page A-1
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 20th day of November 2018
Conserve Landcare, Inc.
Name of Contractor (Principal) A izpd Sig
Argonaut Insurance Company -V
Name of Surety Auth ized Age ig ature
C/O CMGIA 20335 Ventura Blvd, Suite 426
Woodland Hills, CA 91364 Gabriella r Attorney -in -Fact
Address of Surety Print Nam nd Title
(866)363-2642
Telephone
APPROVED AS TO FORM:
CITY ATTOR E "S OFFICE
Date: 2 4 l $
By:
Aaron C. Harp N -W I'L-l"s
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Conserve Landcare, Inc. Page A-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code § 1189
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.
IState ofCali fornia
Countyof � eve(-_�; (,Ac
On l I —m — lg before me, e 1�
Date
personally appeared
la
KELLY L. MCFADDEN NotaryPublic- California z
z Riverside County n
Commission # 2200293
My Comm. Expires Jul 2, 2021
Place Notary SealAbove
L.M
()Ole r� D V\ 1--0
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
methat 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), orthe
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 istrue
and correct.
WITNESS my hand and officiAl seal.
Signature:
ry
ACKNOWLEDGMENT
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.
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
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.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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 (seal)
Conserve Landcare, Inc. Page A-3
CMGP0001813 Argonaut Insurance Company $8,511.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existi under the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady, Shilo Lee Losino. Stephanie Hope Shear
lip
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to ake, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$10,000,000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the
Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017. ,,..01i.....1, Argonaut Insurance Company
STATE OF TEXAS
COUNTY OF HARRIS SS
,aE: ,sae f by:
Joshua C. Betz, Senior Vice President
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came
THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument,
and he acknowledged the execution of same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
"GKATUAn
HLEEN M- MEEKS
p+hUAn
v: •
r. � Notary Public, State of Texas (Notary Public)
e "'= Comm. Expires 07-15-2021
Notary 10 557902-8
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, or, the 20th day of November 2018
SEAL
Sarah Heineman , VP -Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE. QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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.
State of California
County of LOS ANGELES
On NOV 2 0 2310
Date
personally appeared
before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Here Insert Name and Title of the Officer
GABRIELLA GRADY
Name(s) of Signer(s)
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.
�A.
SHIRLEY GIGGLES
Notary Public California
t'
Los Angeles County n
Commission # 2163817
`=s
my Comm. Expires Sep 7, 2020
m
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my h d and official seal.
l\>�, % f\
Signature
ture of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org-1-800-US NOTARY (1-800-876-6827) Item #5907
Premium: $8,511.00
Executed in Three (3) Originals
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO.CMGP0001813
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 8,511.00 being at the
rate of $ 16.98 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Conserve Landcare, Inc. hereinafter designated as the "Principal," a contract for The work
necessary for the completion of this contract consists of clearing and grubbing, landscape
establishment and maintenance, irrigation improvements, providing as -built drawings,
and all other incidental items of work necessary to complete the work in place. 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.
VVHEREAS, Principai 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 Argonaut 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 Five
Hundred One Thousand Eighty Nine Dollars and 61/100 ($501,089.61) 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
specified in this Performance Bond, there shall be included costs and reasonable
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.
Conserve Landcare, Inc. Page B-1
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 20th day of November ,2018 .
Conserve L -Ando -Are lint,
Name of Contractor (Principal)
Argonaut Insurance Company
Name of Surety
C/O CMGIA 20335 Ventura Blvd, Suite 426
Woodland Hills, CA 91364
Address of Surety
(866)363-2642
Telephone
APPROVED AS TO FORM:
CITY ATTOR EY'S OFFICE
Date: ZV2,01 Qj
By: 1*. � _ ' yT -
Aaron C. Harp Wu^•'1z y �Q
City Attorney
Sig
Auth orizedlAdeTif S iahatu re
Gabriella G ady, Attorney -in -Fact
Print Narh4 and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Conserve Landcare, Inc. Page B-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code § 1189
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.
State of California
Countyof C�tuP,ir��de
On Ii - (I& before me, Lem ii, lA c -^d d'avl, LoT'a(4 �Ub�ti
Date Here Insert Name and TRle Or tire0 ice
I personally appeared (�eorAe
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
pKELLY L.MCFADDEN that the foregoing paragraph is true
NotaryPublic-California z and correct.
z Riverside County n
Z Commission # 2200293
My Comm. Expires Jul 2]021 WITNESS my hand andlo I I seal. ' n
Signature:
Place Notary Sea l Above
ACKNOWLEDGMENT
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.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared '
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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
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.
State of California
County of }ss.
On , 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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
(seal)
Conserve Landcare, Inc. Page B-3
CMGP0001813 Argonaut Insurance Company $8511.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existin4l under the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady, Shilo Lee Losino, Stephanie Hope Shear_
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$10,000.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the
Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017. .����.Argonaut Insurance Company
STATE OF TEXAS
COUNTY OF HARRIS SS:
by:
Joshua C. Betz, Senior Vice President
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came
THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument,
and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preceding instrument is now in force.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
^1�wvvG�•.� KATHLEEN M. MEEKS
Notary Public, State of Texas
�`"`•• �'�•'= Comm. Expiree 07-15-2021 (Notary Public)
v
Notary 10 557902-8
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, op. the 20th day of November 2018
X,
••
Sarah Heineman , VP -Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARCO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE. QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
r..c�,�'tie�'��c��f�',c:c�.cc•.c�3tc�ef`�s i`�.cr<cr�.<f'.crc:cwt',cY>c;c�s�e.�`,crcf���,rc;cs<`.cm,<:ref'�:C°.�;ccepc�c;�,crcc�<c;C�,c;�'.�;r�cC��
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.
State of California
County of LOS ANGELES
NOV 2 n 291
On
Date
Personally appeared
before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Here Insert Name and Title of the Officer
GABRIELLA GRADY
Name(s) of Signer(s)
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/herAheir 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.
SHIRLEY GIGGLES
Notary Public - California
i,. Los Angeles County Z
z =k f r7
Z Cornmission # 2163817
My Comr;i. Expires Sep 7, 2020
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my han nd official seal.
Signatur
Si re of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
E Corporate Officer — Title(s):
E Partner — E Limited E General
E Individual E Attorney in Fact
E Trustee Cl Guardian or Conservator
E Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
l Partner — F1 Limited C! General
J Individual C; Attorney in Fact
E Trustee ❑ Guardian or Conservator
E Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. 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 other�sise
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
Conserve Landcare, Inc. 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
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
documents referenced in this Contract must be returned to City within ten
Conserve Landcare, Inc. Page C-2
(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 04 13.
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 self-insured
retention, the self-insured retention must be declared to City. City may
Conserve Landcare, Inc. Page C-3
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.
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.
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.
Conserve Landcare, Inc. 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: 11/20/18
Dept./Contact Received From: Raymund
Date Completed: 11/20/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: Conserve Landcare, Inc.
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION
DATE: 2/22/18 — 2/22/19
A.
INSURANCE COMPANY: Wesco Insurance Company
B.
AM BEST RATING (A- : VII or greater): A- / XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M
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):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
1I. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/22/18 — 2/22/19
A.
INSURANCE COMPANY: Wesco 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.
ADDITIONAL INSURED WORDING:
❑ N/A ® Yes ❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A ® Yes ❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A ❑ Yes ❑ No
1.
NOTICE OF CANCELLATION:
❑ N/A 21 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/18 — 4/1/19
A. INSURANCE COMPANY: Sagamore Insurance Company
B. AM BEST RATING (A-: VII or greater): A / IX
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
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® Yes
❑ No
® Yes
❑ No
$1,000,000
® Yes
❑ No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
City of Newport Beach
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
Contract No. 8151-2
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
NOTE: AWARD SHALL BE BASED ON THE LOWEST BASE BID AMOUNT PLUS THOSE ADDITIVE
ALTERNATIVE BID ITEMS IDENTIFIED IN THIS BID (i.e., the Lowest Total Bid Amount, including
Additive Aiternative bid items.)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 8151-2 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
10/18/2018
Date
(760) 343-1433 (760) 343-0433
Bidder's Telephone and Fax Numbers
958748 C-27
Bidder's License No(s).
and Classification (s)
Conserve LandCare
Bidder's Authorized Signature and Title
72265 Manufacturing Road, Thousand Palms, CA. 92265
Bidder's Address
Bidder's email address: krocker@Conservelandcare.com
C
v� "sem
City of Newport Beach Page 1
MEDIAN LANDSCAPE TURF REPLACEMENT - JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE (C-8151-2), Printed 10'24/2018
Bid Results
Bidder Details
Vendor Name Conserve LandCare
Address 72265 Manufacturing Rd.
Thousand Palms, CA 92276
United States
Respondee Kevin Rocker
Respondee Title Project Manager
Phone 760-343-1433 Ext.
Email krocker@conservelandcare.com
Vendor Type
License # 958748
CADIR
Bid Detail
Bid Format Electronic
Submitted October 24, 2018 9:58:56 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
jConfirmation # 157160
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title File Name File Type
BID SUBMITTAL C-8151-2 Conserve LandCare BID SUBMITTAL C-8151-2 Conserve LandCare.pdf General Attachment
Bid Bond C-8151-2 Conserve LandCare Bid Bond C-8151-2 Conserve LandCare.pdf Bid Bond
Line Items
Type Item Code UOM Qty Unit Price Line Total Comment
BASE BID C-8151-2 (AWARD TO BE BASED ON LOWEST TOTAL BID: BASE BID PLUS ADDITIVE ALTERNATIVE BID ITEMS)
1 Mobilization & Demobilization
LS 1 $25,000.00 $25,000.00
2 Traffic Control
LS
3 Clearing and Grubbing
SF
4 Remove and Replace Sprinklers with 12 inch Pop-up
EA
5 Remove and Replace Sprinkler Nozzles
EA
1 $30,000.00 $30,000.00
61312 $0.65 $39,852.80
685 $45.00 $30,825.00
161 $15.00 $2,415.00
City of Newport Beach
Page 2
MEDIAN LANDSCAPE TURF REPLACEMENT - JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
(C-8151-2), Printed 10./2412018
Bid Results
Type
Item Code UOM
Qty
Unit Price
Line Total Comment
6
Remove and Replace Irrigation Valve Boxes and refurbish to Detail
Std.
LS
1
$3,000.00
$3,000.00
7
Re-certify Reduced Pressure Backflow Preventer
LS
1
$500.00
$500.00
8
Inspect /Repair / Adjustment /Program Existing Irrigation Systems
LS
1
$1,000.00
$1,000.00
9
Perform Weed Abatement
SF
61312
$0.05
$3,065.60
10
Furnish and Install Soil Preparation
SF
61312
$0.15
$9,196.80
11
Furnish and Install Fine Grade
SF
61312
$0.10
$6,131.20
12
Furnish and Install 4" Pots Senencio serpens
EA
7359
$2.60
$19,133.40
13
Furnish and Install 4" Pots Carex Panza
EA
5268
$3.50
$18,438.00
14
Furnish and Install 5 Gal. Agave Attenuata
EA
638
$22.00
$14,036.00
15
Furnish and Install 5 Gal. Aloe Camperi
EA
556
$33.00
$18,348.00
16
Furnish and Install 5 Gal. Aloe Rudikoppe 'Little Red Riding Hood'
EA
95
$30.00
$2,850.00
17
Furnish and Install 5 Gal. Aloe Striata Hybrid
EA
1147
$23.00
$26,381.00
18
Furnish and Install 1 Gal, Cotledon Orbinculata Oblonga
EA
451
$14.50
$6,539.50
19
Furnish and Install 1 Gal. Hesperaloe Parvifolia'Brakelights'
EA
506
$30.00
$15,180.00
20
Furnish and Install 1 Gal. Lomanda Longifolia 'Breeze'
EA
2809
$12.20
$34,269.80
21
Furnish and Install 1 Gal. Carissa Grandiflora'Green Carpet'
EA
1965
$8.75
$17,193.75
City of Newport Beach
Page 3
MEDIAN LANDSCAPE TURF REPLACEMENT - JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE (C-8151-2), Printed 10/24/2018
Bid Results
Type
Item Code UOM
Qty
Unit Price
Line Total Comment
22
Furnish and Install 36" Box Cercis Canadensis 'Forest Pansy'
EA
31
$750.00
$23,250.00
23
Furnish and Install 2" Layer Orgainic Mulch
CY
386
$60.00
$23,160.00
24
Remove Existing Trees (Selected Liquidambar)
EA
10
$225.00
$2,250.00
25
As -Built Drawings (Fixed Cost)
LS
1
$3,000.00
$3,000.00
26
90 Day Post Construction Maintenance
SF
61312
$0.10
$6,131.20
Subtotal
$381,147.05
ADDITIVE ALTERNATIVES C-8151-2 (AWARD TO BE BASED ON LOWEST TOTAL BID, INCLUDING THESE ADDITIVE ALTERNATIVE BID
ITEMS)
27
Install Artificial GFRC 2 -Foot (small) Boulders
EA
86
$220.00
$18,920.00
28
Install Artificial GFRC 3 -Foot (medium) Boulders
EA
52
$230.00
$11,960.00
29
Install Artificial GFRC 4 -Foot (large) Boulders
EA
62
$240.00
$14,880.00
30
Stain and-Seal€-fisting-Median-Bemende-Favemenf-*4owaflse)
ALLOWANC
1
$47-099.90
$47;909:40
E
31
Upgrade and Install to 1 Gal. Carex Panza
EA
5268
$6.25
$32,925.00
32
Upgrade and Install to 5 Gal. Cotledon Orbinculata Oblonga
EA
451
$15.50
$6,990.50
33
Upgrade and Install to 5 Gal. Hesperaloe Parvifolia 'Brakelights'
EA
506
$0.01
$5.06
34
Upgrade and Install to 5 Gal. Lomanda Long ifol ia 'Breeze'
EA
2809
$8.00
$22,472.00
35
Upgrade and Install to 5 Gal. Carissa Grandiflora 'Green Carpet'
EA
1965
$6.00
$11,790.00
Subtotal
$166,942.56 $119,942.56
Total
$548,089:4 $501,089.61
Subcontractors
"Per Council Award on 11/13/2018
Name &
Address Description License Num
CADIR
Amount Type
Page 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
CONTRACT NO 8151-2
DATE: ► O -1`l - 1',�
TO: ALL PLANHOLDERS
BY:
ting Ci ngineer
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents - all other conditions shall remain the same.
A. CONTRACT
1. Replace the cover sheet with the attachment.
B. SPECIAL PROVISIONS:
2. Section 2-1 AWARD AND EXECUTION OF THE CONTRACT.
Replace existing paragraph with the following:
"At the time of the award and until completion of work, the Contractor shall possess
an "A" or "C-27" license. At the start of work and until completion of work, the
Contractor and all Subcontractors shall possess a valid Business License issued by
the City."
3. Section 7-15 CONTRACTOR'S LICENSES.
Replace existing paragraph with the following:
"At the time of the award and until completion of work, the Contractor shall possess
an "A" or "C-27" 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."
Page 2 of 2
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
Conserve LandCare
Bidder's Name (Please Print)
10/18/2018
Dat
W/ /� I
Authorized S' nature & Title PN-�Sznkv7r
Attachment:
- Cover Sheet
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 24th day of OCTOBER 2018,
at which time such bids shall be opened and read for
�71 77-L61.15 A -21*7210113 hM
ac J, EM all MITI 111k N-1 I I g I M:3
Contract No. 8151-2
$663,000
Engineer's Estimate
Appyovqd by
Micha#1 J. Sinacori
Acting pity Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Mouse Graphics at (949) 648-6571
659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project, "A" or "IC -27"
For further information, call Anna Baldenegro, Project Manager at (949) 644-3034
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http:/Inewportbeachca.gov/government/open-transparent/online-services/bids-rfps-
yendor-regli.s..t..r.a..t.i..o,,n.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
CONTRACT NO. 8151-2
PART 1 - GENERAL PROVISIONS 1
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK 1
2-1 AWARD AND EXECUTION OF THE CONTRACT 1
2-5 PLANS AND SPECIFICATIONS 2
2-5.2 Precedence of Contract Documents 2
2-6 WORK TO BE DONE 2
2-9 SURVEYING 2
2-9.1 Permanent Survey Markers 2
SECTION 3 - CHANGES IN WORK 2
3-3 EXTRA WORK 2
3-3.2 Payment 2
3-3.2.2 Basis for Establishing Cost 2
3-3.2.3 Markup 3
SECTION 4 - CONTROL OF MATERIALS 3
4-1 MATERIALS AND WORKMANSHIP 3
4-1.3 Inspection Requirements 3
4 4-1.3.1 General - `' 3
SECTION 5 - UTILITIES 4
5-1 LOCATION 4
5-1.1 General 4
5-2 PROTECTION 4
5-4 RELOCATION 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 5
6-7 TIME OF COMPLETION 5
6-7.1 General 5
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6
6-9 LIQUIDATED DAMAGES 6
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7
7-1.2 Temporary Utility Services 7
7-2 LABOR
7
7-2.2 Prevailing Wages
7
7-7 COOPERATION AND COLLATERAL WORK
7
7-8 WORK SITE MAINTENANCE
7
7-8.4 Storage of Equipment and Materials
7
7-8.4.2 Storage in Public Streets
7
7-8.6 Water Pollution Control
8
7-8.6.2 Best Management Practices (BMPs)
8
7-10 SAFETY
8
7-10.1 Traffic and Access
8
7-10.3 Street Closures, Detours and Barricades
9
7-10.4 Safety
9
7-10.4.1 Work Site Safety
9
7-10.6 Notices to Residents and Businesses
9
7-15 CONTRACTOR'S LICENSES
10
7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS
10
SECTION 9 - MEASUREMENT AND PAYMENT
10
9-2 LUMP SUM WORK
11
9-3 PAYMENT
11
9-3.1 General
11
9-3.2 Partial and Final Payment.
19
PART 2 - CONSTRUCTION MATERIALS
19
SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS
19
212-1 LANDSCAPE MATERIALS
19
212-1.2.6 Soil Amendments
19
PART 3 - CONSTRUCTION METHODS
19
SECTION 300 - EARTHWORK
19
300-1 CLEARING AND GRUBBING
19
300-1.3 Removal and Disposal of Materials
19
300-1.3.1 General
19
300-1.5 Solid Waste Diversion
20
308-1 General
20
PART 6 — TEMPORARY TRAFFIC CONTROL
67
SECTION 600 - ACCESS
67
600-1 GENERAL
67
600-3 PEDESTRIAN ACCESS
68
SECTION 601— WORK AREA TRAFFIC CONTROL
68
601-1 GENERAL
68
601-2 TRAFFIC CONTROL PLAN (TCP)
68
PART 8 — LANDSCAPING AND IRRIGATION
68
SECTION 800 - MATERIALS
68
800-1 LANDSCAPING MATERIAL
68
SECTION 801 - INSTALLATION
68
801-1 General
68
801-6 MAINTENANCE AND PLANT ESTABLISHMENT
69
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
MEDIAN LANDSCAPE TURF REPLACEMENT
JAMBOREE ROAD FROM FORD ROAD TO UNIVERSITY DRIVE
CONTRACT NO. 8151-2
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. R -6089-S); (3) the City's
Design Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction, (2004 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements. The City's Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction are available at the following website:
http://www. newportbeachca.gov/government/departments/public-works/resources
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 1 — TERMS, DEFINITIONS, ABBREVIATIONS UNITS OF MEASURE AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
Page 1 of 69
At the time of the award and until completion of work, the Contractor shall possess a
"A" and "C-27" license. At the start of work and until completion of work, the Contractor
and all Subcontractors shall possess a valid Business License issued by the City.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of clearing and
grubbing, landscape establishment and maintenance, irrigation improvements,
providing as -built drawings, and all other incidental items of work necessary to complete
the work in place.
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."
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates,
Page 2 of 69
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup
for all overhead and profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs (prior to any markups) and shall
constitute the markup for all overhead and profit. An additional markup of five (5)
percent of the subcontracted actual cost (prior to any markups) may be added by the
Contractor.
To the sum of the costs and markups provided for in this subsection, one (1) percent
may be added for compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with 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.
Page 3 of 69
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
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 at the contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected
by the Work shall be replaced to finish grade with new utility boxes. During asphalt
paving operation, manholes within paving area shall be temporarily lowered and
covered. Upon completion of paving operation, manholes shall be permanently
adjusted to finish grade.
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television companies, telecommunication companies and any other
utility companies 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. The Contractor shall
provide the necessary survey control for all utility companies to adjust boxes and vaults
to the final grade. The Contractor will be required to coordinate with these companies
for inspection of the work.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Page 4 of 69
6-1.1 Construction Schedule
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 baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule
and has demonstrated the ability to maintain the 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.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within sixty (60) consecutive
working days after the date on the Notice to Proceed anticipated to be issued on
December 1, 2018. 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.
Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. All
work requiring the closure of one northbound vehicular travel lane shall take place
between 8:30 a.m. to 3:30 p.m. Closure of southbound lanes is not allowed.
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 4:00 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays 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.
The following days are designated City holidays and are non -working days:
Page 5 of 69
1. January 1St (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (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.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be on the job site at all times. 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 payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
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.
6-9 LIQUIDATED DAMAGES
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 $1,800.00.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar 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.
Page 6 of 69
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $973 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, dust control, 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 such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of
ready -mixed concrete for public works contracts are subject to prevailing wages.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
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. It is the Contractor's responsibility to notify the
affected businesses and residents of the upcoming water shutdown with a form
provided by the Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Page 7 of 69
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
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)
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 will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and back -charging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.1 Traffic and Access
Page 8 of 69
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.
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
The Contractor shall adhere to the conditions of the traffic control plan provided by the
City of Newport Beach. Typical closures shall conform to the provisions of 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. Number one lane closure for northbound traffic will be from 8:30 a.m. to 3:30
p.m. Closure of southbound lanes is not allowed.
7-10.4 Safety
7-10.4.1 Work Site Safety
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. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.6 Notices to Residents and Businesses
Page 9 of 69
Ten working days prior to starting work, the Contractor shall deliver a construction
notice to the adjacent residents and businesses, within 500 feet of the project,
describing the project and indicating the limits of construction. The City will provide the
notice.
Forty-eight hours prior to the start of 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.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
7-15 CONTRACTOR'S LICENSES
At the time of the award and until completion of work, the Contractor shall possess an
"A" and "C-27" 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.
7-16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS
A stamped set of approved plans and specifications shall be on the job site at all times.
In addition, the Contractor shall maintain "As -Built" drawings of all work as the job
progresses. A separate set of drawings shall be maintained for this purpose. These
drawings shall be up-to-date and reviewed by the Engineer at the time each progress
bill is submitted. Any changes to the approved plans that have been made with
approval from the Engineer shall be documented on the "As -Built" drawings.
The "As -Built" shall be submitted and approved by the Engineer prior to final payment
or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material."
SECTION 9 - MEASUREMENT AND PAYMENT
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9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices 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. Contract will be
awarded based on the lowest base bid amount plus the additive alternative bid
items identified herein. The following items of work pertain to the bid items included
within the Proposal:
BASE BID ITEMS:
Item No. 1 Mobilization and Demobilization: Work under this item shall include
providing bonds, insurance and financing, establishing a field office, preparing the BMP
Plan and construction schedule, and all other related work as required by the Contract
Documents. It 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 delivering all
required notifications and temporary parking permits, post signs and all costs incurred
notifying residents. In addition, this item includes providing the traffic control required
by the project including, but not limited to signs, cones, barricades, flashing arrow
boards and changeable message signs, K -rail, temporary striping, and flag -persons.
This item includes furnishing all labor, tools, equipment and materials necessary to
comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach
Requirements. Traffic Control Plan will be provided by the City of Newport Beach.
Item No. 3 Clearing and Grubbing: Work under this item shall include, but not
limited to, the cost of all labor, equipment and material for removing and disposing of
the existing appurtenances, plant materials, and roots of trees to be removed, debris,-
and
ebris;and all other work items as required to complete the work in place. The existing
irrigation system shall be protected in place as noted on plans. Soils shall be left in a
condition ready for soil preparation.
Item No. 4 Remove and Replace Sprinklers with 12 inch Pop-up: Work under
this item shall include, but not be limited to the removal of all existing 6 inch sprinkler
pop -ups from the existing swing joint "tee" and replace with 12 inch pop-up sprinklers
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and specified nozzles, and all other work items as required to complete the work in
place.
Item No. 5 Remove and Replace Sprinkler Nozzles: Work under this item shall
include, but not limited to, the cost of all labor, equipment and materials for removing
existing nozzles and replacing with rotary nozzles where specified on Plans and all
other items as required to complete the work in place.
Item No. 6 Remove and Replace Irrigation Valve Boxes and Refurbish to Detail
Standard: Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for excavating, removing existing valve boxes (remote control
valves, quick couplers, gate valves and master valves), replacing plastic valve boxes
and refurbishing valve assemblies to meet respective detail standards, and all other
items as required to complete the work in place.
Item No. 7 Re -Certify Reduced Pressure Backflow Preventer: Work under this item
shall include, but not limited to, the cost of all labor, equipment and materials for re-
certifying existing reduced pressure backflow preventers, and all other items as required
to complete the work in place.
Item No. 8 Inspect / Repair / Adjustment / Program Existing Irrigation System:
Work under this item shall include, but not be limited to an assessment of the existing
irrigation systems in both written and photographic manner to establish the specific
tasks required to bring the existing irrigation systems into a viable working condition
acceptable to the Engineer. Included in this task is the repair of all main and lateral
piping disturbed by the Contractor's work, adjust of new nozzles and programming of
controllers for the post planting establishment period. All materials shall conform to the
City's Irrigation Materials list as available from the City. Work shall include all other work
items as required to complete the work in place as determined by and approved by the
Engineer.
Item No. 9 Perform Weed Abatement: work under this item shall include, but not
be limited to, the cost of all labor, equipment and materials for applying herbicides,
irrigation to completely wet the entire planting area (prior to planting), fertilization,
removal and disposal of all dead weeds and all other items as required to complete
work in place prior to plant installation.
Item No. 10 Furnish and Install Soil Preparation: Work under this item shall
include, but not be limited to, the cost of all labor, equipment and materials for soil
amendments installation, cross -ripping and rototilling to a minimum depth of 6 inches in
areas where work is possible without disturbing existing tree roots, marking of areas of
work to be rototilled in gypsum chalk for approval by the Engineer, care of existing tree
roots, and all other work items as required to complete the work in place as determined
by the Engineer.
Item No. 11 Furnish and Install Finish Grading: Work under this item shall include,
but not be limited to, the cost of all labor, equipment and materials for removing,
disposing, transporting, delivering, furnishing and installing top soil (where required),
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shaping and removing irregular landforms and erosion damage to meet the finish grade
requirements, and present a smooth and properly drained landscape surface, and all
other work items as required to complete the work in place as determined by the
Engineer.
Item No. 12 Furnish and Install 4" Pots Senecio Serpens (Blue Chalksticks):
Work under this item shall include, but not limited to, the cost of all labor, equipment
and materials for furnishing and installing 4" Pots Senecio serpens (Blue Chalksticks),
including soil amendments, backfill, fertilizers, and all other work items as required to
complete the work in place.
Item No. 13 Furnish and Install 4" Pots Carex Panza (California Meadow Sedge):
Work under this item shall include, but not limited to, the cost of all labor, equipment
and materials for furnishing and installing 4" Pots Carex Panza (California Meadow
Sedge), including soil amendments, backfill, fertilizers, and all other work items as
required to complete the work in place.
Item No. 14 Furnish and Install 5 Gal. Agave Attenuata (Foxtail Agave): Work
under this item shall include, but not limited to, the cost of all labor, equipment and
materials for furnishing and installing 5 gal. Agave attenuata (Foxtail Agave), including
soil amendments, backfill, fertilizers, and all other work items as required to complete
the work in place.
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Item No. 15
this item shall
for furnishing
amendments,
work in place.
Furnish and Install 5 Gal. Aloe Camped (Nubian Aloe): Work under
include, but not limited to, the cost of all labor, equipment and materials
and installing 5 gal. Aloe camperi (Nubian Aloe), including soil
backfill, fertilizers, and all other work items as required to complete the
Item No. 16 Furnish and Install 5 Gal. Aloe Rudikoppe `Little Red Riding Hood'
(Red Riding Hood Aloe): Work under this item shall include, but not limited to, the
cost of all labor, equipment and materials for furnishing and installing 5 gal. Aloe
rudikoppe `Little Red Riding Hood' (Red Riding Hood Aloe), including soil amendments,
backfill, fertilizers, and all other work items as required to complete the work in place.
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Item No. 17 Furnish and Install 5 Gal. Aloe Striata Hybrid (Coral Aloe): Work
under this item shall include, but not limited to, the cost of all labor, equipment and
materials for furnishing and installing 5 gal. Aloe striata Hybrid (Coral Aloe), including
soil amendments, backfill, fertilizers, and all other work items as required to complete
the work in place.
Iters 1140. i6 Furnish and Install Gal. Cotyledon Orbicuiata c0bionga (Finger
Aloe): Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for furnishing and installing 1 gal. Cotledon orbinculata
oblonga (Finger Aloe), including soil amendments, backfill, fertilizers, and all other work
items as required to complete the work in place.
Item No. 19 Furnish and Install 1 Gal. Hesperaloe Parvifolia `Brakelights' (Brake
Lights Red Yucca): Work under this item shall include, but not limited to, the cost of
all labor, equipment and materials for furnishing and installing 1 gal. Hesperaloe
parvifolia `Brakelights' (Brake Lights Red Yucca), including soil amendments, backfill,
fertilizers, and all other work items as required to complete the work in place.
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Item No. 20 Furnish and Install 1 Gal. Lomanda Longifolia `Breeze' (Dwarf Mat
Rush): Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for furnishing and installing 1 gal. Lomanda Longifolia 'Breeze'
(Dwarf Mat Rush), including soil amendments, backfill, fertilizers, and all other work
items as required to complete the work in place.
Item No. 21 Furnish and Install 1 Gal. Carissa Grandiflora `Green Carpet' (Green
Carpet Natal Plum): Work under this item shall include, but not limited to, the cost of
all labor, equipment and materials for furnishing and installing 1 gal. Carissa Grandiflora
'Green Carpet' (Green Carpet Natal Plum) including soil amendments, backfill,
fertilizers, and all other work items as required to complete the work in place.
Item No. 22 Furnish and Install 36" Box Cercis Canadensis `Forest Pansy' (Forest
Pansy Redbud): Work under this item shall include, but not limited to, the cost of all
labor, equipment and materials for furnishing and installing 36" Box Cercis canadensis
'Forest Pansy' (Forest Pansy Redbud), including soil amendments, backfill, fertilizers,
and all other work items as required to complete the work in place.
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Item No. 23 Install 2 Inch Layer of Walk -On Mulch: Work under this item shall
include, but not be limited to, the cost of all labor, equipment and materials for
furnishing and installing a 2 -inch thick layer of mulch, and all other items as required to
complete the work in place.
Item No. 24 Remove Existing Trees (Selected Liquidambar): Work under this item
shall include, but not limited to the cost of labor, equipment and materials to remove
and dispose of existing weak or diseased Liquidambar trees and stump grind tree roots,
as shown on the Drawings, and all other work items as required to complete the work.
Item No. 25 Furnish "As -Built" Record Drawings and Controller Charts: Work
under this item shall include, but not limited to the cost of labor, equipment and
materials for providing "As -Built" record drawings per Contract Specifications, and as
directed by the Engineer, three irrigation controller charts and all other work items as
required to complete the work. These drawings must be kept up to date and submitted
to the Engineer for review prior to request for payment. An amount of $3,000 is
determined for this bid item. The intent of this pre-set amount is to emphasize to the
Contractor the importance of as -built drawings
Item No. 26 Perform 30 Day Landscape Establishment & 60 Day Landscape
Maintenance Phase: Work under this item shall include, but not be limited to, the cost
of all labor, equipment and materials for manpower, fertilizers, irrigation system
inspection and operation, plant material care and replacement if necessary, supervision
and all other items necessary to establish and maintain the landscaping for the entire
duration of the Landscape Establishment and Maintenance Phase.
ADDITIVE ALTERNATE BID ITEMS:
Item No. 27 Install Artificial GFRC 2 -Foot Boulders: Work under this item shall
include, but not be limited to the cost of all labor, equipment and material for
excavating, leveling the surface to receive the small boulders, placement, regrading and
removal of excess soil from the site, and all other work items as required to complete
the work in place. GFRC boulders shall be obtained through The Rock Market, Attn:
Thomas Curtis (661.212.7555). BGB Design Group will observe field placement of
boulders.
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Item No. 28 Install Artificial GFRC 3 -Foot Boulders: Work under this item shall
include, but not be limited to the cost of all labor, equipment and material for
excavating, leveling the surface to receive the medium boulders of various sizes,
placement, regrading and removal of excess soil from the site, and all other work items
as required to complete the work in place. GFRC boulders shall be obtained through
The Rock Market, Attn: Thomas Curtis (661.212.7555). BGB Design Group will observe
field placement of boulders.
Item No. 29 Install Artificial GFRC 4 -Foot Boulders: Work under this item shall
include, but not be limited to the cost of all labor, equipment and material for
excavating, leveling the surface to receive the large boulders, placement, regrading and
removal of excess soil from the site, and all other work items as required to complete
the work in place. GFRC boulders shall be obtained through The Rock Market, Attn:
Thomas Curtis (661.212.7555). BGB Design Group will observe field placement of
boulders.
Item No. 30 Stain and Seal Existing Median Bomanite Pavement: Work under this
item shall be performed by Fox Painting Contractors (Troy Pourchot at 949.922.9027)
and shall include, but not limited to, the cost of all labor, equipment and materials to
clean, stain and seal existing median bomanite pavement, and all other work items as
required to complete the work in place.
Item No. 31 Upgrade and Install to 1 Gal. Carex Panza (California Meadow
Sedge): Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for upgrading and installing to 1 Gal. Carex Panza (California
Meadow Sedge), including soil amendments, backfill, fertilizers, and all other work
items as required to complete the work in place.
Item No. 32 Upgrade and Install to 5 Gal. Cotledon Orbinculata Oblonga (Finger
Aloe): Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for upgrading and installing to 5 gal. Cotledon orbinculata
oblonga (Finger Aloe), including soil amendments, backfill, fertilizers, and all other work
items as required to complete the work in place.
Item No. 33 Upgrade and Install to 5 Gal. Hesperaloe Parvifolia `Brakelights'
(Brake Lights Red Yucca): Work under this item shall include, but not limited to, the
cost of all labor, equipment and materials for upgrading and installing to 5 gal.
Hesperaloe parvifolia `Brakelights' (Brake Lights Red Yucca), including soil
amendments, backfill, fertilizers, and all other work items as required to complete the
work in place.
Item No. 34 Upgrade and Install to 5 Gal. Lomanda Longifolia `Breeze' (Dwarf Mat
Rush): Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for upgrading and installing to 5 gal. Lomanda Longifolia
`Breeze' (Dwarf Mat Rush), including soil amendments, backfill, fertilizers, and all other
work items as required to complete the work in place.
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Item No. 35 Upgrade and Install to 5 Gal. Carissa Grandiflora `Green Carpet'
(Green Carpet Natal Plum): Work under this item shall include, but not limited to, the
cost of all labor, equipment and materials for upgrading and installing to 5 gal. Carissa
Grandiflora 'Green Carpet' (Green Carpet Natal Plum), including soil amendments,
backfill, fertilizers, and all other work items as required to complete the work in place.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
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 212 — LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS
212-1.2.6 Soil Amendments
Soil amendments shall adhere to the soil. analyses and recommendations by
Wallace Laboratories, Dated August 6, 2018 and Landscape Planting Specifications as
attached to these specifications, or as directed by the Engineer.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
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
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
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
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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.
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
300-1.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention."
308-1 General
"The Contractor is responsible for clearing and grubbing, pruning and removing tree roots
that interfere with the work. The Contractor shall submit recommendations by its arborist
to the City for review for safely pruning and removing tree roots. No roots shall be
pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior
to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr.
Kevin Pekar ((949) 795-2238) at the site to discuss City standards and requirements.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruninq
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.
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2. Arbitrary Root Cut
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.
SECTION 02810
LANDSCAPE IRRIGATION
PART 1 - GENERAL
1.01 SCOPE OF WORK:
A. Furnish all labor, materials, appliances, tools, equipment facilities,
transportation, and services necessary for and incidental to performing all
operations in connection with the installation of "Landscape Irrigation"
complete, as shown on the drawings and/or described herein.
B. Related work In other sections:
1. Landscape Planting
2. Landscape Maintenance
1.02 QUALITY ASSURANCE AND REQUIREMENTS:
A. Permits and Fees:
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At the time of the award and until completion of work, the
Contractor shall possess a California Contractor's "A" and "C-27"
license.
2. At the time of the award and until completion of work, the
Contractor and all Sub -contractors shall possess a Business
License issued by the City where the project is located.
3. The Contractor shall obtain and pay for any and all permits and all
inspections as required.
e. Manufacturer's Directions:
Manufacturer's directions and detailed drawings shall be followed in
all cases where the manufacturers of articles used in the contract
furnish directions covering points not shown in the drawings and
specifications.
C. Ordinances and Regulations:
All local, municipal and state laws and rules and regulations
governing or relating to any portion of this work are hereby
incorporated into and made a part of these specifications and their
provisions shall be carried out by the Contractor. Anything
contained in these specifications shall not be construed to conflict
with any of the above rules and regulations or requirements of the
same. However, when these specifications and drawings call for or
describe materials, workmanship, or construction of a better quality,
higher standard, or larger size than is required by the above rules
and regulations, the provisions of these specifications and
drawings shall take precedence.
�. Contractor Responsibilities:
A qualified superintendent shall be present on the site at all times
during the progress of the work. The superintendent shall be fluent
in the English language.
2. The Contractor shall train each person in techniques for making
correct solvent and rubber gasket joints prior to their performing
work on the site.
3. The Contractor shall protect work and materials from damage
during construction and storage. Polyvinyl chloride, (PVC) pipe
and fittings shall be protected from dirt and sunlight.
4. The Contractor shall assume responsibility for damage to existing
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construction and shall restore damaged property to the original
condition to the satisfaction of the Engineer.
5. The Contractor shall handle plastic pipe and fittings carefully and
store undercover to avoid UV or other damage.
6. Immediately notify the Engineer in case of discrepancies.
7. Do not proceed with installation in areas of discrepancy until all
such discrepancies have been resolved. If the Contractor provides
and installs material or performs work without resolving such
discrepancies, the Contractor shall be fully responsible for
removing, restocking and re -installation of such areas until all
discrepancies are resolved to the Engineer's satisfaction.
E. Codes and Regulations:
Verify that landscape irrigation systems may be installed in
accordance with all pertinent codes and regulations, the original
design, the reference standards, and the manufacturer's
recommendations. Any provision and installation of material not in
accordance with the above shall be removed and returned at the
contractor's expense.
F. Site Safety:
Erect and maintain barricades, warning signs, lights and/or guards
as necessary or required to protect all persons on the site.
2. The Contractor shall be solely and completely responsible for
conditions of the job site, including safety of all persons and
property during the performance of the work. 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.
3. The right of the Landscape Architect to conduct construction review
or observation of the Contractor's performance shall not include
review or observations of the adequacy of the Contractor's safety
measures in, on, or near the construction site.
�. Explanation of Drawings:
Due to the scale of drawings, it is not possible to indicate all
offsets, fittings, sleeves, etc. which may be required. The
Contractor shall carefully investigate the structural and finished
conditions affecting all of his work and plan his work accordingly,
furnishing such fittings, etc. as may be required to meet such
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conditions. Drawings are essentially diagrammatic and indicative
of the work to be installed. The work shall be installed in such a
manner as to avoid conflicts between irrigation systems, planting,
and architectural features.
2. All work called for on the drawings by notes or details shall be
furnished and installed whether or not specifically mentioned in the
specifications.
3. The Contractor shall not willfully install the irrigation system as
shown on the drawings when it is obvious in the field that
obstructions, grade differences or discrepancies exist that might
not have been considered in the irrigation design. Such
obstructions or differences should be brought to the attention of the
Landscape Architect. In the event this notification is not performed,
the irrigation contractor shall assume full responsibility for any
revisions necessary to correct these discrepancies.
1.03 SUBMITTALS:
a. Material List:
The Contractor shall furnish the articles, equipment, materials, or
processes specified by name in the drawings and specifications.
No substitutions shall be allowed without prior written approval the
Landscape Architect.
2. Submittals shall be provided within ten (10) working days from the
award of the contract. The complete formal material list on
Contractor's letterhead shall be submitted prior to the starting of
any work. Cut sheets may be included as backup to the formal
material list.
3. Catalog data and full descriptive literature may be submitted.
Although equipment on the plans may be different from the
examples below, the following is a guide for proper formal submittal
list format:
Item Description Manufacturer Model Size(s)
a. Backflow Preventer Febco 860 2"
b. Pop-up Spray Head Rainbird 1806 NA
4. Material list must include all irrigation materials utilized on the
project including fittings, glue, primer, etc.
B. Substitutions:
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The contractor may submit proposed substitutions for equipment
and materials listed on the irrigation plans in the following manner.
The landscape contractor shall submit to the Landscape Architect
for approval on a separate sheet of contractor's letterhead paper
the following:
a. A statement indicating the reason for making each individual
proposed substitution(s).
Provide descriptive catalog literature, performance charts and
flow charts as required for each item the contractor proposes to
substitute, including the sales/manufacturer's regional
telephone number.
Provide the amount of cost savings or overage if the proposed
substitute item is approved.
2. Substituted equipment of materials installed or furnished without
prior approval of the Landscape Architect may be rejected and the
Contractor required to remove such materials from the site at his
own expense. The Engineer shall have the sole discretion in
accepting or rejecting any proposed substitution.
3. No exception taken to any item, alternate or substitute indicates
only that the product apparently meets the requirements of the
drawings and specifications on the basis of the information or
samples submitted. All items must meet or exceed these
specifications.
4. Manufacturer's warranties shall not relieve the Contractor of his
liability under the guarantee. Such warranties shall only
supplement the guarantee.
5. Manufacturer's warranty is required on any product offered.
6. If, in the opinion of the Engineer, an unapproved substitution
proves to be unsatisfactory, the Contractor shall remove such work
and replace it with the originally specified item at the Contractor's
own cost.
c. Record Drawings:
The Contractor shall provide and keep up to date a complete
"record" set of heavy presentation bond (at least #30 weight) prints
which shall be corrected daily and show every change from the
original drawings and specifications and the exact locations, sizes
and kinds of equipment. These drawings may also serve as work
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progress sheets and shall be the basis for measurement and
payment for work completed. This set of drawings shall be kept on
the site and shall be used only as an on-going record set.
2. The Contractor shall make neat and legible annotations thereon
daily as the work proceeds, showing the work progress as actually
installed. These drawings shall be available at all times for
inspection and shall be kept in a location approved by the
Engineer.
3. Contractor shall identify limits of each irrigation zone and note
associated valve, and label valves accordingly to controller program
sequence. All printing of the PDF format drawings shall be paid to a
reprographics firm directly from the Contractor. The plans shall be
printed onto bond and all information from the field set shall be
applied to the bond plans in a neat and orderly manner. Upon
approval by the Engineer, the contractor may then provide photo
mylars of these plans for record either to the Engineer. The cost of
all these prints shall be paid to a reprographics firm directly from
the Contractor.
4. All additional markings on the mylar plans shall be neat, drawn in
waterproof ink by a technical ink pen designed specifically for use
on mylar material. Work completed in felt tip pen or ballpoint pen
shall be rejected because of the non -permanent nature of both
devices. All work shall be subject to the approval of the Engineer.
5. The Contractor shall verify the needs of the City Inspector or Local
City Planning Department as to any requirements for city -required
record drawings. The Contractor shall be responsible for providing
all drafting and required plans on the required medium to the City
Inspector as required. All costs for drafting services shall be borne
by the Contractor. This includes all microfilm or other processes the
city may deem necessary for record purposes to the satisfaction of
the City. The Landscape Architect is not responsible, nor
contracted for drafting Contractor record drawings.
6. The Contractor shall dimension from two (2) points of reference the
location of the following items. If buried, the depth shall also be
indicated. Buried lineal items ie, wire and pipe mainline shall be
dimensioned every 20' unless uniformly buried behind a curb or
hardscape where a note will suffice. The minimum height of
dimensions and/or notes shall be 1/8" unless otherwise directed by
the City Inspector. All printing must be readable and clearly
denoted. Provide a "bar scale" on the plan.
a. Water Point of Connection, (POC)
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b. Electrical Point of Connection
c. Backflow preventers
d. Master valve
e. Flow sensor
f. Gate or ball valves
g. Quick coupling valves
h. Remote control valves
i. Routing of pressure main line piping, ( dimension max. 100'
along routing)
j. Routing of control and common wire
k. Pull Boxes
i. Other related equipment
7. On or before the date of the final inspection at the end of the
Maintenance Phase, the Contractor shall deliver the corrected and
completed mylar to the Engineer. Delivery of the mylar will not
relieve the contractor of the responsibility of furnishing required
information that might have been omitted from the prints compiled
at the site. The Contractor shall be fully responsible for correct
record drawings.
D. Controller Charts:
1. Record drawings shall be evaluated by the Landscape Architect
and/or City Inspector before controller charts are prepared.
2. Provide three controller charts for each controller, unless otherwise
directed by the City Inspector.
3. The chart shall show the area controlled by each automatic
controller and shall be sized '/2" smaller than the controller door on
all sides.
4. The chart is to be a reduced drawing of the actual record drawings.
However, in the event the controller sequence is not legible when
the drawing is reduced, it shall be revised and made readable when
the final controller chart is completed.
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5. The chart shall be at least a 30# presentation bond copy. A
differing color shall be used to indicate each valve and the same
color used to identify the area of coverage for that valve.
6. When completed and approved, the chart shall be hermetically
sealed by a plastic lamination process. The plastic laminating
sheets shall each be a minimum of 20 mil. thick.
7. The charts shall be mounted using Velcro tape.
8. Controller charts shall be completed and approved prior to final
inspection of the irrigation system.
E. Operation and Maintenance Manuals:
1. Prepare and deliver to the Engineer within ten calendar days prior
to completion of construction, hard -covered, three rings binders
containing the following information:
a. Index sheet stating Contractor's name, address and telephone
number, list of equipment with name and addresses of local
manufacturer's representatives.
b. Catalog and parts sheets on every material and equipment
installed under this contract.
c. Guarantee statement
d. Complete operating and maintenance instructions on all major
pieces of equipment.
e. Equipment list providing the following for each item:
1. Manufacturer's name
2. Make and model number
3. Name and address of local manufacturer's
representatives
4. Spare parts list in detail
2. Provide two (2) manuals, unless otherwise directed by the Engineer
or City Inspector.
F. Equipment to be furnished:
1. Supply as a part of this contract the following tools and equipment:
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a. Two (2) sets of special tools required for removing,
disassembling and adjusting each type of sprinkler and valve
installed under this contract.
b. Two (2) five-foot valve keys for operation of ball/gate valves (as
required).
c. Two (2) quick coupling valve keys.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Handling of PVC Pipe and Fittings:
The Contractor is cautioned to exercise care in handling, loading,
unloading, and storing of PVC pipe and fittings. All PVC pipe shall
be transported in a vehicle which allows the length of pipe to lie flat
so as not to subject it to undue bending or concentrated external
load at any point. Any section of pipe that has been dented or
A
amaged will be discarded and, if installed, shall be replaced with
new pipe.
1.05 GUARANTEE:
A. The guarantee for the irrigation system shall be made in accordance with
the attached form. The general conditions and supplementary conditions
of these specifications, if any, shall be filed with the Engineer or his
representative prior to acceptance of the irrigation system.
e. A copy of the guarantee form shall be included in the Operations and
Maintenance Manual.
C. The beginning date of the one-year guarantee shall be from the written
final acceptance date established by the Engineer at the end of the
Maintenance Phase. If no Maintenance Phase is included in the contract,
the beginning date shall be from the acceptance date established by the
Engineer at the end of the Construction Phase.
�. The guarantee form shown below shall be re -typed onto the Contractor's
letterhead and contain the following information:
GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the irrigation system we have furnished and installed
is free from defects in materials, equipment and workmanship, and the work has
been completed in accordance with the drawings and specifications. We agree
to repair or replace any defects in material equipment or workmanship which
may develop during the period of one year from the date of acceptance. We
Page 29 of 69
also guarantee to repair or replace any damage resulting from the defects, or the
repairing or replacing of such defects at no additional cost to the Engineer. We
shall make such repairs or replacements within a reasonable time as determined
by the Engineer after receipt of written notice form the Engineer. All repair work
shall completed to the satisfaction of the Engineer. In the event of our failure to
make such repairs or replacements within a reasonable time after receipt of
written notice from the Engineer, we authorize the Engineer to proceed to have
said repairs or replacements made at our expense. We will pay the costs and
charges therefore upon demand. Any temporary repairs made by others to keep
the irrigation system operable, does not void or relieve the Contractor of his
responsibilities during the guarantee period.
PROJECT:
ADDRESS:
LOCATION:
SIGNED:
ACCEPTANCE:
SIGNED:
PHONE:
PART 2 — PRODUCTS
2.01 MATERIALS:
a. General:
Use only new materials of brands and types noted on the drawings,
specified herein, or approved equivalents.
e. Existing Automatic Controllers:
Electrical work shall conform to all applicable codes, ordinances
and union authorities having jurisdiction. Only qualified electricians
shall work with high voltage design, equipment or wiring.
2. The Contractor shall notify the Engineer should repairs be
necessary to the controller or enclosure after inspecting it.
3. See drawing notes for contact should the central control system
need to be adjusted.
C. Automatic Controller:
Existing as noted on Drawings.
�. Control Wiring (if / as required):
Connections between the automatic controllers and the electric
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control valves shall be made with insulated direct burial copper wire
AWG -UF 600 volt. Pilot wires sharing the same automatic
controller shall be the same color. Common wire shall be white in
color. Provide different colors for each controller installed on the
same project. Install wire in accordance with valve manufacturer's
specifications and wire chart. In no case shall wire size be less
than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200',
10 ga. up to 2,000' from valve to controller.
2. Wiring shall occupy the same trench and shall be installed along
the same route as pressure supply or lateral lines wherever
possible
3. Where more than one wire is placed in a trench, the wiring shall be
secured together with vinyl cable ties at intervals of ten (10) feet,
and placed under the pipe for protection from shovels.
4. An expansion curl shall be provided within three (3) feet of each
wire connection. The expansion curl shall be of sufficient length at
each splice connection at each electric control valve so that in case
of repairs, the valve bonnet may be brought to the surface without
disconnection of the control wires. Control wires shall be laid
loosely in the trench without stress or stretching of control wire
conductors.
5. All splices shall be made with 3M Direct Bury Splice Kit DBY/DBR-
6. Use one wire connector per wire splice. An expansion loop of 18
inches shall be provided at each wire connection and/or directional
turn.
6. Field splices between the automatic controller and electric control
valves will not be permitted without prior approval of the Landscape
Architect.
7. All extra valve wires and the common wire, shall extend from the
controller to a pull box at the farthest valve location for future or
spare wires. If more than one route is available for extra wires,
contact the Landscape Architect for the number of extra wires to be
run in differing directions.
E. Pressure Regulating Valves:
If / as identified in the field, any pressure regulating valves shall be
brought up to City installation standard.
F. Normally -Closed Master Valves:
Existing master valve(s) installation shall be brought up to current
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City installation standard.
�. Flow Sensors:
Existing flow sensor(s) installation shall be brought up to current
City installation standard.
H. Communication Cable
Protect all communication cable in place. If damaged, Contractor
shall bring to immediate attention of City Inspector and repair at the
direction of the City.
Ball Valves:
Existing ball valve(s) installation shall be brought up to current City
installation standard.
1. Quick Coupling Valves:
Existing quick coupling valve(s) installation shall be brought up to
current City installation standard.
K. Electric Remote Control Valves:
Existing remote control valve(s) installation shall be brought up to
current City installation standard.
L. Valve Boxes:
1. Ball Valves: Use 10" diameter x 10" deep round boxes, Carson
industries #910 -10 -Green Blank with green bolt down cover or
approved equal. Extension sleeve shall be PVC -6" minimum size.
Brand top as indicated below.
2. Flow Sensors: Use 10" diameter x 10" deep round boxes, Carson
industries #910 -10 -Green Blank with green bolt down cover or
approved equal. Extension sleeve shall be PVC -6" minimum size.
Brand top as indicated below.
3. Pull Boxes: Use 10" diameter x 10" deep round boxes, Carson
industries #910 -10 -Green Blank with green bolt down cover or
approved equal. Extension sleeve shall be PVC -6" minimum size.
Brand top as indicated below.
4. All existing and new boxes shall receive new branded lids. All valve
numbers shall match lid numbering for easy identification of valves.
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Identification numbers shall be branded onto the box lids in 2 inch
high letters and numbers as follows:
a. BV: Ball Valve
b. FS: Flow Sensor
c. MV: Master Valve
d. PB: Pull Box
e. QC: Quick Coupling Valve
f. RCV-#: Remote Control Valve and Station Number
M. Buried Potable PVC Pressure Main Line Pipe and Fittings (If / as
required):
1. Pressure main line piping shall be PVC schedule 40 for all mainline
piping 1-1/2" and smaller with solvent -welded joints, PVC Class
315 for all mainline piping 2" through 3" with solvent -welded joints.
2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC
compound conforming to ASTM resin specification D 1784 or D
2241. All pipe must meet requirements as set forth in Federal
Specification PS -21-70 (Solvent -Weld Pipe) and meet
requirements of Cell Classification 12454B. This compound shall
have a 2,000 -PSI hydrostatic design stress rating.
3. Install blue colored warning tape 12" over all new potable water
main lines.
N. Potable PVC solvent -weld fittings (If / as required)
1. PVC solvent -weld fittings shall be Schedule 80, 1-2, 11-1 NSF
approved conforming to ASTM test procedure D 2466.
2. Solvent cement and primer for PVC solvent -weld pipe and fittings
shall be of the type and installation methods prescribed by the
manufacturer.
3. All PVC pipe must bear the following markings:
a. Manufacturer's name
b. Nominal pipe size
c. Schedule or Class
Page 33 of 69
d. Pressure rating in PSI
e. NSF (National Sanitation Foundation) approval
f. Date of extrusion
4. All fittings shall bear the manufacturer's name or trademark,
material designation, size, applicable IPS schedule and NSF seal
of approval. Fittings shall be standard weight Schedule 40,
injection molded of PVC fitting compound which meets current
ASTM D 1784-69 and requirements described in Cell Classification
13454B. Threads required in plastic fittings shall be injection
molded. Tees and ells shall be side gated.
o. Buried Potable PVC Non -Pressure Lateral Line Pipe (If / as required):
1. Non -Pressure buried lateral line pipe shall be PVC Schedule 40
with solvent -weld joints, Y2" shall be Class 315.
2. Pipe shall be made from NSF approved, Type 1, Grade II PVC
compound conforming to ASTM resin specification D1784. All pipe
must meet requirements set forth in Federal Specification PS -22-70
with an appropriate standard dimension ratio.
P. Threaded Nipples:
1. Threaded nipples shall be standard weight, schedule 80, grey, with
molded threads.
2. Assemble threaded fittings using teflon tape applied to male
threads only.
Q. Joint Primer:
1. Type as recommended by manufacturer of pipe.
2. Type IPS -P-70 or equivalent for Flex hose to PVC fittings.
R. Joint Cement:
1. Solvent type as recommended by manufacturer.
s. Brass Pipe and Fittings:
1. Where indicated on the drawings, use 85% red brass, schedule 40
screwed pipe conforming to Federal Specification #WW -P-351.
Page 34 of 69
2. Fittings shall be medium red brass, screwed, 125 pound class
conforming to Federal Specification #WW -P-460.
3. Assemble using teflon tape applied to male threads only.
T. Sleeves:
Pipe sleeves for potable water and wires shall be white Schedule
40 PVC pipe a minimum of two times the diameter of the interior
irrigation pipe. Sleeve pipes shall me a minimum of 1-1/2" for
water lines. Oversized sleeves are acceptable at no additional cost
to Engineer.
2. Sleeves shall be of a minimum size to accept pipe "bell joints".
3. Multiple non -pressure lateral water pipes may be placed within a
single sleeve if approved by the Landscape Architect.
4. Mainline sleeves shall consist of only one pipe per sleeve.
5. In no cases shall wires be placed within the same sleeve as water
pipes. Wires shall be encased within a separate sleeve.
u. Warning Tape (Detectable):
All new PVC mainline pipelines shall have a detectable warning
tape placed in the trench 12 inches above the pipe.
2. Plastic warning tape (detectable) shall be five-ply composition of
ultra-high molecular weight, 100 percent virgin polyethylene or an
inert plastic film specifically formulated for prolonged underground
us and shall include a metallic substance that can be registered by
a magnetic field location device. The minimum thickness shall be 4
mils and the overall width of the tape shall be three (3) inches.
Warning tape (detectable) shall be as supplied by T. Christy
Enterprises, Thor Enterprises, Inc. Griffolyn Co., Terra Tape,
Division of Reef Industries, or approved equal. The color of the
tape shall be in accordance with the above requirements and the
Recycled Water Urban Irrigation User's Manual. Do not provide
location tape over lateral non -pressure lines.
3. New Potable Water Mainline Pipelines shall receive blue colored
warning tape (detectable) with Black lettering identifying the potable
pressure water pipeline. Lettering shall be a minimum of one (1)
inch high letters with the wording: "CAUTION: BURIED POTABLE
WATER LINE BURIED BELOW". Christy's Part Number TA -DT -3 -
BW
Page 35 of 69
v. Sprinkler Heads:
All sprinkler heads shall be of the size, type and deliver the same
rate of precipitation with the diameter (or radius) of spray, pressure
and discharge in GPM as shown on the drawings. Refer to City
Irrigation Equipment List.
2. All spray type sprinklers shall have a screw adjustment.
3. Riser/swing joint assemblies shall be fabricated in accordance with
the irrigation construction details shown on the drawings.
4. Riser nipples for all sprinkler heads shall be the same size as the
base opening in the sprinkler body.
5. The sprinkler body, stem, nozzle and screen shall be constructed
of heavy-duty, ultra -violet resistant plastic. It shall have a heavy-
duty stainless steel retract spring for positive pop down and a
ratcheting system for easy alignment of the pattern. Pop-up height
shall be as specified in the model number.
6. The sprinkler shall have a soft elastomer pressure activated co -
molded wiper seal for cleaning debris from the pop-up stem as it
retracts into the case to prevent the sprinkler from sticking up and
to minimize "flow -by".
7. The sprinkler shall have a matched precipitation rate plastic nozzle
with an adjusting screw capable of regulating the radius and flow.
When so indicated on the design, pop-up spray sprinklers shall
also include check valves, pressure regulating device as specified
or variable arc nozzles having an infinite arc adjustment of 0
degrees to minimum 330 degrees. The sprinkler shall be capable
of housing under the nozzle protective, non -clogging filter screens
or pressure compensating screens. The screen shall be used in
conjunction with the adjusting screw for regulating.
8. The sprinkler shall have a pop-up flush plug pre-installed. The plug
shall prevent debris from clogging the sprinkler during installation
and allow for the system to be flushed before nozzling. The plug
shall be bright orange in color and constructed of polypropylene
material.
PART 3 — EXECUTION
3.01 INSPECTION:
A. Site Conditions:
Page 36 of 69
Exercise extreme care in excavating and working near existing
utilities. Contractor shall be responsible for damage to utilities that
are caused by his operations or neglect. Check existing utility
drawings or call utility companies for existing utility locations.
2. Coordinate installation of sprinkler irrigation materials, including
pipe, so there shall be no interference with utilities, other
construction or planting or trees, shrubs and ground covers.
3. The Contractor shall carefully check all grades to satisfy him that
he may safely proceed before starting work on the sprinkler
irrigation system. Verify that the specified depths for buried
materials and equipment can be maintained.
4. The Contractor shall receive approval from the Engineer prior to
installing irrigation that the finish grades are acceptable.
3.02 PREPARATION:
A. Physical Layout:
The irrigation lines as indicated on the drawings are diagrammatic.
All piping and equipment shall be installed within the project
boundaries, even if shown outside the boundaries on the drawings.
Equipment or piping shown outside the boundaries on the drawings
is for design clarity only. Install all piping and equipment within
planting areas.
2. Prior to installation, the Contractor shall stake out all pressure
supply lines, routing and location of sprinkler heads. Install all
materials and piping to avoid conflict with trees, shrubs, and all
underground utility services. Contact the Landscape Architect
immediately if obstructions prevent routing as denoted on plans.
3. Lay out irrigation emitters/heads and make any minor adjustments
required due to differences between actual site conditions and the
drawings. Adjustments shall be maintained within the original
design intent and only after receiving approval from the Landscape
Architect. Do not exceed the maximum or minimum spacing
indicated by the manufacturer.
B. Water Supply:
Sprinkler irrigation system shall be connected to water supply
points of connection as shown on drawings.
2. Connections shall be made at approximate locations as shown on
the drawings. Contractor is responsible for minor changes caused
Page 37 of 69
by actual site conditions.
3. The water source for the point of connection shall either be existing
or brought to the location by the General Contractor or others for
connection by the Landscape Contractor.
3.03 INSTALLATION:
A. Trenching:
Dig trenches straight to support pipe continuously on bottom of the
trench. Lay pipe to an even grade. Trenching excavation shall
follow layout indicated on the drawings or as noted.
a. Provide for a minimum of eighteen- (18) inches cover for all
buried pressure supply lines.
b. Provide for a minimum of twelve- (12) inches cover for all
buried non -pressure lateral lines.
Provide for a minimum of eighteen- (18) inches cover for all
buried control wiring.
e. Backfilling:
The trenches shall not be backfilled until all required tests are
performed. Trenches shall be carefully backfilled with the
excavated materials approved for backfilling, consisting of earth,
loam, sandy clay, sand or other approved materials, free from large
clods of earth, stones, asphalt, concrete or other construction or
organic debris such as plant refuse. Backfill shall be mechanically
compacted in landscaped areas to a dry density equal to adjacent
undisturbed soil in planting areas. Backfill will conform to adjacent
grades without dips, sunken areas, humps or other surface
irregularities.
2. A fine granular material backfill will be initially placed on all lines.
No foreign matter larger than one-half (1/2) inch in size will be
permitted in the initial backfill.
3. If settlement occurs and subsequent adjustments in pipe, valves,
sprinkler heads, lawn or planting, or other construction are
necessary, the Contractor shall make all required adjustments
without cost to the Engineer.
4. Flooding may be accepted in lieu of tamping only upon written
approval of the Engineer.
Page 38 of 69
5. Truck wheels shall not be used for compacting soil.
c. Assemblies:
Routing of sprinkler irrigation lines as indicated on the drawings is
diagrammatic. Install lines (and various assemblies), in such a
manner as to conform to the details on the drawings.
2. Install no multiple assemblies on plastic lines. Provide each
assembly with it's own outlet.
3. Install all assemblies specified herein in accordance with respective
detail. In the absence of detail drawings or specifications
pertaining to specific items required to complete work, perform
such work in accordance with the best standard practice and with
the manufacturer's specifications. PVC pipe and fittings shall be
thoroughly cleaned of dirt, dust and moisture before installation.
Installation and solvent welding methods shall be as recommended
by the pipe and fitting manufacturer.
4. On PVC to metal connections, the Contractor shall work the metal
connections first. Teflon tape shall be used on male threads on all
threaded PVC to PVC, and on all threaded PVC to brass pipe
connections. Red lead and boiled linseed oil shall be applied to
male threads on all galvanized pipe connections. Light wrench
pressure is all that is required. Where threaded PVC connections
are required, use threaded PVC adapters into which the pipe may
be welded.
5. Open pipe or tubing ends shall be taped closed during installation
to prevent any foreign matter from entering the system.
�. Line Clearance:
All lines shall have a minimum clearance of six (6) inches from
each other and from lines of other trades. Parallel lines shall not
be installed directly over one another. In case of reclaimed water
crossings, refer to local cross connection details and codes.
2. Place location tape above all mainline piping per irrigation
drawings.
E. Low Voltage Wiring (if / as required):
If existing wiring is damaged during construction,
Contractor shall repair and adhere to the following requirements:
a. Place new wiring in the same trench and route as the
pressure supply lines where possible.
Page 39 of 69
b. Install new wiring prior to new main line installation.
C. Secure wire(s) together at 10 feet on -center maximum, with
vinyl cable ties attached to the mainline. If mainline is not
present. Bundle and secure wires with vinyl cable ties at 10
feet on center.
d. Provide a 24 -inch expansion loop at each connection and at
each directional change.
e. Use a continuous wire between controller and remote -
control valves. Should splicing be required, make splices in
an approved box.
t. Use white for all ground wire circuits.
F. Remote Control Valves:
1. Install valves where shown on the drawings and per details. When
grouped together, allow at least twelve (12) inches between valve
boxes. Install each remote control valve in a separate valve box.
Align boxes with adjacent paving in a neat manner, squared to the
walk and each other.
G. Valve Box Installation:
1. Provide at all locations indicated.
2. Fill below box with a minimum of 6" layer of pea gravel. Compact
prior to installation of box.
3. "Brand" identification number on each valve box in 2 -inch -high
characters (letters and numbers) indicating controller letter and
valve number within the sequence. See drawings for numbering
method.
4. Provide and install Christy tags with valve sequence for each valve.
H. Flushing of System:
1. After all new sprinkler pipe lines and risers are in place and
connected, and all necessary diversion work has been completed,
and prior to installation of sprinkler heads, the control valves shall
be opened, and a full head of water used to flush out the system.
2. Heads/emitters shall be installed only after flushing of the system
has been accomplished.
Sprinkler Heads:
Page 40 of 69
Install the sprinkler heads or emitters as designated on the
drawings. Sprinkler heads and/or emitters to be installed in this
work shall be equivalent in all respects to those itemized on the
drawings.
2. Spacing of sprinkler heads and/or emitters shall not exceed the
maximum as indicated on the drawings. In no case shall the
spacing exceed the maximum recommended by the manufacturer.
Adjusting system:
Adjust valves alignment and coverage of irrigation heads/emitters.
2. These changes or adjustments shall be made at no additional cost
to the Engineer.
3. The entire system shall be operating properly before any planting
operations commence.
TEMPORARY R3
.V-+ II- rXFxr_r-m0.
A. The Engineer reserves the right to make temporary repairs as necessary
to keep the irrigation system equipment in operating condition. The
exercise of this right by the Engineer shall not relieve the Contractor of his
responsibilities under the terms of the guarantee as herein specified.
3.05 EXISTING TREES:
A. Where it is necessary to excavate adjacent to existing trees, the
Contractor shall use all possible care to avoid injury to trees and tree
roots. Excavation in areas where two (2) inch and larger roots occur shall
be done by hand. All roots two (2) inches and larger in diameter, except
directly in the path of pipe or conduit, shall be tunneled under and shall be
heavily wrapped with burlap, to prevent scarring or excessive drying.
Where a ditching machine is run close to trees having roots smaller than
two (2) inches in diameter, the wall of the trench adjacent to the tree shall
be hand trimmed, making clean cuts through roots. Roots one-half (1/2)
inch and larger in diameter shall be painted with two coats of tree seal, or
equivalent. Trenches adjacent to trees should be closed within twenty-
four (24) hours; and where this is not possible, the side of the trench
adjacent to the tree shall be kept shaded with burlap or canvas.
3.06 FIELD QUALITY CONTROL:
A. Adjustment of the System:
The Contractor shall flush clean and adjust all sprinkler heads for
optimum performance and to prevent overspray or runoff onto
Page 41 of 69
walks, roadways and buildings as much as possible.
2. If it is determined that adjustments in the irrigation equipment will
provide proper and more adequate coverage, the Contractor shall
make such adjustments prior to planting at the contractor's cost.
3. Lowering or raising of sprinkler heads by the Contractor shall be
accomplished within five (5) days after notification by the Engineer.
4. All sprinkler heads shall be set perpendicular to finished grade
unless otherwise designated on the drawings.
e. Testing of Irrigation System:
The Contractor shall request the presence of the Landscape
Architect at the intervals listed below in advance of any testing.
2. The Contractor shall provide "walkie-talkies" for communication
from the review area to the controller location.
3. The Contractor shall provide current record drawings at each
review.
4. Before testing mainlines, fill the lines with water for a period of at
least 24 hours.
5. All hydrostatic mainline testing shall be completed prior to the
installation of remote control valves, quick couplers, or other valve
assemblies.
6. Test all pressure mainline pipes under hydrostatic pressure of 150
PSI and prove watertight. Testing of pressure main line piping shall
occur prior to installation of electric control valves or quick coupling
valves.
7. All piping under paved areas shall be tested under hydrostatic
pressure of 150 PSI and proved water tight, prior to paving.
8. Sustain pressure in tested lines for not less than two (2) hours. If
leaks develop, replace joints and repeat test until entire system is
proven watertight.
9. All hydrostatic tests shall be made in the presence of the
Landscape Architect. The test may be made in the presence of the
General Contractor's superintendent only if written acceptance of
the test is forwarded to the Engineer and Landscape Architect
immediately after testing. No pipe shall be backfilled until it has
been observed, tested with all couplings exposed and all pipe
Page 42 of 69
sections center loaded, and approved in writing.
10. The Contractor shall furnish the force pump and all other test
equipment necessary for the testing of the irrigation system.
11. The Contractor shall make all necessary provisions for thoroughly
bleeding the line of air and debris.
12. When the irrigation system is completed, perform a coverage test
in the presence of the Landscape Architect, to determine if the
water coverage for the planting areas is complete and adequate.
Furnish all materials and perform all work required to correct any
inadequacies of coverage due to deviation from plans, or where the
system has been willfully installed as indicated on the drawings
when it is obviously inadequate for field conditions. This test shall
be accomplished before any groundcover or shrub material is
planted.
13. Upon completion of each phase of work, the entire system shall be
L
ested and adjusted to meet site requirements to the satisfaction of
the Landscape Architect.
3.07 MAINTENANCE:
A. The entire sprinkler irrigation system shall be under full automatic
operation prior to any planting.
e. The Contractor shall keep the irrigation system completely operational for
the entire length of the Construction and Maintenance Phases or work.
3.08 CLEAN-UP:
a. Clean up shall be made as each portion of work progresses. Refuse and
excess dirt shall be removed from the site, all walks and paving shall be
broomed or washed down, and any damage sustained on the work or
others shall be repaired to original conditions.
3.09 FINAL OBSERVATION PRIOR TO ACCEPTANCE:
A. The Contractor shall operate each system in its entirety for the Landscape
Architect at the time of final observation at the end of the Maintenance
Phase. Any items deemed not acceptable by the Landscape Architect
shall be reworked to the complete satisfaction of the Landscape Architect.
The Contractor shall show evidence to the Landscape Architect that the
Engineer has received all accessories, charts, record drawings and
equipment as required before the final observation can occur.
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3.10 OBSERVATION SCHEDULE:
A. The Contractor shall be responsible for notifying the Engineer in advance
for the following observations, according to the following time schedule.
The number of site visits may vary with the contract between the
Landscape Architect and the Engineer. The Contractor shall be familiar
with the number and type of irrigation observations necessary prior to
work. Typical observations may consist of, but not be limited to the
following:
1. Pre -job conference 7 days
2. Pressure supply line installation and testing 48 hours
3. Lateral line and sprinkler installation 48 hours
4. Coverage / Performance test 48 hours
5. Observation to begin Maintenance Phase 7 days
6. Final observation at the end of the Maintenance
Phase 7 days
SECTION 02900
LANDSCAPE PLANTING
PART 1 - GENERAL
1.04 SCOPE OF WORK
A. Landscape planting work includes, but is not limited to, operations and
furnishing of all labor, materials, tools and equipment necessary to
complete all soil preparation, fine grading, weed control, erosion control,
planting, watering, plant establishment and incidental work which may be
required to complete "Landscape Planting" and as shown on the drawings
and as described hereinafter.
B. Related Work Specified in Other Sections:
1. Landscape Irrigation
2. Landscape Maintenance
1.05 QUALITY ASSURANCE AND REQUIREMENTS
A. Permits and Fees:
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At the time of the award and until completion of work, the
Contractor shall possess a California Contractor's "A" and "C-27"
license.
2. At the time of the award and until completion of work, the
Contractor and all Sub -contractors shall possess a Business
License issued by the City of the project location.
3. The Contractor shall obtain and pay for all permits and all
inspections as required.
e. Manufacturer's Directions:
Manufacturer's directions and detailed drawings shall be followed in
all cases where the manufacturers of articles used in the contract
furnish directions covering points not shown in the drawings and
specifications.
c. Ordinances and Regulations:
All local, municipal and state laws and rules and regulations
governing or relating to any portion of this work are hereby
incorporated into and made a part of these specifications and their
provisions shall be carried out by the Contractor. Anything
contained in these specifications shall not be construed to conflict
with any of the above rules and regulations or requirements of the
same. However, when these specifications and drawings call for or
describe materials, workmanship, or construction of a better quality,
higher standard, or larger size than is required by the above rules
and regulations, the provisions of these specifications and
drawings shall take precedence.
�. Contractor Responsibilities:
A qualified superintendent shall be present on the site at all times
during the progress of the work. The superintendent shall be fluent
in the English language.
2. The Contractor shall assume responsibility for damage to existing
construction and shall restore damaged property to the original
condition to the satisfaction of the Engineer.
3. Immediately notify the Landscape Architect in case of
discrepancies with these plans.
4. Do not proceed with installation in areas of discrepancy until all
such discrepancies have been resolved. If the Contractor provides
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and installs material or performs work without fully resolving such
discrepancies, the Contractor shall be fully responsible for
removing, restocking and re -installation of such areas until all
discrepancies are resolved to the Engineer's satisfaction.
E. Source Quality Control:
1. Submittal of pictures shall not be considered as a final inspection of
plant material. Final acceptance or rejection of plant material shall
only be considered on-site with the actual plant material being
observed.
1.06 SUBMITTALS
A. The following submittals will be required:
1. Work Schedule if requested by Engineer on Contractor's letterhead
or another format required by Engineer.
2. Materials List noting product name and supplier on Contractor's
letterhead. Cut sheets may be included as backup to the listing.
3. Plant Materials List on Contractor's letterhead denoting supplier
and including photographs of each plant material including both
trees and shrubs. List trees with caliper, height, and spread.
Shrubs with height and spread.
4. Samples of each soil amendment (1 -quart minimum) with
laboratory analysis.
5. Guarantees, Warranties, and written certifications on Contractor's
letterhead submitted to the Engineer.
6. Certificate of Inspection of plant material by State or Federal
Authority shall be presented if requested to the Engineer.
7. Submittals shall be provided within ten working days from the time
of award of contract.
8. Import soils testing.
1.07 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Delivery:
1. Deliver fertilizer to site in original unopened containers bearing
manufacturer's guaranteed chemical analysis, name, trademark,
and conformance to state law.
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2. Deliver all plants with legible identification labels for easy
identification.
Label trees, evergreens, bundles of containers of like
shrubs, or groundcover plants. Place plants in lots of similar
material, spread apart for ease of viewing individual plants
prior to the observation. Contractor shall leave enough room
around lots and individual plants for ease of viewing and
movement between lots for observation.
Use durable waterproof labels with water-resistant ink which
will remain legible for at least 60 days.
3. Protect plant material during delivery to prevent damage to root ball
or desiccation of leaves.
4. The Contractor shall notify the Landscape Architect forty eight (48)
hours in advance of delivery of all plant materials and shall submit
an itemized list of the plants.
5. The Engineer shall have sole discretion regarding acceptability of
plant material.
B. Storage:
1. Store plant material in the shade and protect from the weather.
2. Maintain and protect plant material not to be planted within four (4)
hours.
c. Handling:
1. Do not drop plant materials.
2. Do not pick up container plant material by stems or trunks.
1.08 JOB CONDITIONS
A. Perform actual planting only when weather and soil conditions are suitable
in accordance with locally accepted industry practice.
1.09 SITE SAFETY
A. Erect and maintain barricades, warning signs, lights and/or guards as
necessary or required to protect all persons on the site.
e. The Contractor shall be solely and completely responsible for conditions
of the job -site, including safety of all persons and property during the
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.
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C. The right of the Landscape Architect to conduct construction review or
observation of the Contractor's performance shall not include review or
observations of the adequacy of the Contractor's safety measures in, on
or near the construction site.
1.10 SAMPLES AND TESTS
A. The Engineer reserves the right to take and analyze samples of materials
for conformity to specifications at any time. Rejected materials shall be
immediately removed from the site at the Contractor's own expense. The
cost of testing of materials not meeting specifications shall be paid by the
Contractor. Refer to the soil laboratory analysis and report within these
specifications.
1.11 GUARANTEE AND REPLACEMENT
A. All plant material installed under the contract shall be guaranteed against
any and all poor, inadequate or inferior materials and/or workmanship for
a period of one (1) year for trees, and ninety (90) days for shrubs, vines
and groundcovers from the effective date of completion of the
Maintenance Phase of the project as established by the Engineer. Any
plant found to be dead or in poor condition due to faulty materials or
workmanship, as determined by the Landscape Architect, shall be
replaced by the Contractor at his expense. Material to be replaced within
this guarantee period shall be replaced by the Contractor within seven (7;
days of written notification by the Engineer.
B. Any materials found to be dead, missing or in poor condition during the
Maintenance Period shall be replaced immediately. The Landscape
Architect shall be the sole judge as to the condition of the material.
c. A written guarantee shall be submitted at the completion of the
Maintenance Phase showing the date of final acceptance by the Engineer
and the date of the end of the guarantee period, or periods for phased
work, for shrubs and trees.
o. The guarantee periods shall not be extended for any individual shrub or
tree, or groups, replaced at any time during the guarantee period. The
guarantee for all project shrubs and trees shall end at the stated
guarantee time lengths as bid and agreed upon, even if shrubs or trees
planted during that time have a reduced guarantee period.
1.12 OBSERVATIONS:
A. All observations are to be initiated by the Engineer. The Contractor shall
request observations at least to the times noted below for each
observation required.
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B. Observation will be required for the following parts of the work:
1. Pre -job conference: 72 hrs.
2. Review of plant material at nurseries or field locations: 7 day
notice.
3. Soil amendments and/or delivery of plant material: 72 hours.
4. Layout of plant material prior to excavating planting pits: 72 hours.
5. In progress planting: 72 hours.
6. Final walk-through for completion of improvements: 7 days notice.
7. Final walk-through for acceptance: 7 days notice.
PART 2 — PRODUCTS
2.01 MATERIALS
a. All materials shall be of standard, approved and first grade quality and
shall be in prime condition when installed and accepted. Any
commercially processed or packaged material shall be delivered to the
site in the original unopened container bearing the manufacturer's
guaranteed analysis. Contractor shall supply the Engineer with a sample
of all supplied materials accompanied by analytical data from an approved
agronomic laboratory source illustrating compliance or bearing the
manufacturer's guaranteed analysis upon request.
e. Amendments all planting areas:
Refer to Sheet 16 of 16 of the Landscape Plans referencing soil
amendment recommendations for each general sampled location
c. Top Soil:
Top soil, as required, shall be obtained from on-site planting
excavations if at all possible.
2. Topsoil shall consist of a natural, fertile, friable, sandy loam soil
possessing the characteristics of representative soils in the vicinity
which produce heavy growth of crops, grasses, or other vegetation
and shall be obtained from natural well drained areas. Before
removal of the topsoil, the surface at the source of supply is to be
stripped to a depth of two inches in order to remove weed seeds,
roots, etc. Imported topsoil shall consist of either fine sand or
loamy sand textured soil meeting the following specifications:
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Silt plus clay content of the soil shall not exceed 30% by weight
with a minimum 95% passing the 2.0 millimeter sieve. The sodium
absorption ratio (SAR) shall not exceed 6 and the electrical
conductivity (ECe) of the saturation extract of the soil shall not
exceed 3.0 millimhos/centimeter at 25 degrees Centigrade. The
boron content of this soil shall be no greater that 1 ppm as
measured on the saturation extract. The pH shall not exceed 7.0
and be not less than 6.0. In order to insure conformance, samples
of the import soil shall be submitted to a qualified soil laboratory for
analysis prior to shipping.
This specification applies to import soil to be used for backfill
purposes in problem soil areas. In landscape areas where no soil
problems exist, the textural characteristics shall be similar to native
soil.
The source of soil shall be free from Bermuda grass and other
noxious weeds or grasses. Topsoil shall be free from refuse,
heavy roots, clay lumps, stones larger than one inch in size,
noxious weeds, sticks, brush, litter and other deleterious
substances. In no case shall there be more than five percent by
volume of the following: stones larger than one inch, coarse sand,
and small clay lumps.
The Contractor shall furnish the Engineer with the proposed source
or sources of topsoil to be used at least fifteen (15) working days
prior to delivery. The Contractor at his own expense, shall obtain
soil samples from his intended top soil source and have a soil
analysis performed by a soil testing laboratory to ensure conformity
with the preceding specifications. Topsoil shall not be delivered to
the work site prior to approval by the Engineer. Any delay caused
by the failure of soil tests to meet these specifications shall be the
sole responsibility of the Contractor.
�. Plant Material:
Plant material shall be obtained from one source nursery if possible
to avoid alternative varieties and/or species of plants, and plants
that may have been grown under non -similar conditions with non -
similar materials and/or non -similar care.
2. Plants shall be in conformance with the California State
Department of Agriculture's regulation for nursery inspections, rules
and rating. All plants shall have a normal habit of growth and shall
be sound, healthy, vigorous and free of insect infestations, plant
diseases, sunscalds, fresh abrasions of the bark, excessive
abrasions, or other objectionable disfigurements. Tree trunks shall
be sturdy and well "hardened" off. All plants shall have normally
well-developed branch systems, not sparse, irregularly spaced, thin
branched or having off -balanced head. All shall have vigorous and
fibrous root systems that are not root or pot-bound. The root
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conditions of the plants furnished by the Contractor in containers
will be determined by removal of earth from the roots of not less
than two plants of each species or variety. Where container -grown
plants are from several sources, the roots of not less than two
plants of each species or variety from each source will be
inspected. In case the sample plants inspected are found to be
defective, the Landscape Architect reserves the right to reject the
entire lot or lots of plants represented by the defective samples.
The Engineer is the final judge of acceptability. Any plants
rendered unsuitable for planting because of this inspection will be
considered as samples and will be provided at the expense of the
Contractor.
3. The size of the plants will correspond with that normally expected
for species and variety of commercially available nursery stock or
as specified in the drawings. The minimum acceptable size of all
plants, measured before pruning with the branches in normal
position, shall conform to the measurements, specified on the
drawings. Plants larger in container size than specified may be
used with the approval of the Landscape Architect. But the use of
larger plants will make no change in contract price. If the use of
larger plants is approved, the ball of earth or spread of roots for
each plant will be increased proportionately.
4. Rejection or substitutions:
a. All plants not conforming to the requirements herein
specified, shall be considered defective and such plants,
whether in place or not, shall be marked as rejected and
immediately removed from the site of the work and replaced
with new plants at the Contractor's expense. The plants
shall be of the species, variety, size and condition specified
herein or as shown on the drawings. Under no conditions
will there be any substitution of plants or sizes listed on the
accompanying plans, except with the expressed written
consent of the Landscape Architect.
5. Pruning:
At no time shall trees or plant materials be pruned, trimmed
or topped prior to delivery. Any alteration of their shape
shall be conducted only with the approval and when in the
presence of the Landscape Architect.
6. Plant material shall be true to botanical and common name and
variety as specified in, "A Checklist of Woody Ornamental Plants in
California," Manual 32, published by the University of California
School of Agriculture (1963).
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7. Nursery Grown and Collected Stock:
a. Grown under climatic conditions similar to those in locality of
the project.
Container -grown stock in vigorous, healthy condition not
root -bound or with root system hardened off.
c. Use only liner stock plant material that is well-established in
removable containers or formed homogeneous soil sections.
8. Substitute plant material will not be permitted without specific
written approval by the Engineer.
E. Tree Staking Material:
Stakes for Tree Support:
a. Wood Stakes
Stakes shall be straight grained lodgepole pine.
Stakes shall be free from knots, checks, splits, bends,
or disfigurements. Minimum nominal size for 15
gallon and 24" box trees shall be 2" in diameter x 10'
and/or 12' long, pointed at one end. Minimum size for
36" box and larger shall be 3" diameter x 12' and/or
14' long, pointed at one end. Adjust to fit tree size.
Treat all stakes with copper naphthanate.
2. Tree supports shall be rubber "Cinch -Tie" tree ties available at
V.I.T. products, (800) 729-1314, allowing limited trunk movement.
F. Mulch Cover:
All shrub planting areas other than slopes over 4:1 shall receive a
surface layer of nitrogen fortified shredded tree and plant material
mulch. The mulch shall consist of "Forest Floor 0'-4"" mulch as
manufactured by Aguinaga Fertilizer Company, Irvine, California,
(949) 786-9558. Provide depth of 2" minimum over finish grade in
general planting areas, and 1" depth within watering berm around
plant base. No bare earth shall be showing through mulch cover.
Curbs, walks, or other paving shall be located 1" over the top of the
mulch cover. Move mulch away from the tree or shrub root crown to
prevent constant moisture at the base of the tree or shrub.
G. Miscellaneous Materials:
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Sand:
a. Washed plaster sand or equivalent having no weeds, debris
or chemicals to inhibit plant growth.
2. Herbicides:
a. Pre -emergent herbicide: Ronstar or equivalent
b. Post -emergent herbicide: Round -up or equivalent
PART 3 — EXECUTION
3.01 INSPECTION
A. Verify that final grades have been established prior to beginning planting
operations.
B. Inspect trees, shrubs, and liner stock plant material for injury, insect
infestation and trees and shrubs for improper pruning.
c. Do not begin planting until irrigation mainline pressure test and irrigation
coverage tests are accepted.
3.02 INSTALLATION
A. Preparation of Planting Beds
At the completion of the demolition, clearing and grubbing work, the
areas to receive top soil and/or soil conditioners shall be deep
ripped to a depth of at least nine (9") inches. Amendments at the
following rates shall then be rototilled into the top six (6") inches in
a homogeneous manner. Care shall be given to existing palm tree
roots that they not be damaged during this work. The surface of the
soil shall then be brought to a smooth, uniform surface free of ruts,
furrows and other irregularities to the Engineer's satisfaction.
Swales, ponds and mounds shall be removed.
Planting Bed Amendments and rates: (Refer to Planting Plans for
sample locations). Note: Rates and fertilizers may have to be
adjusted depending on analysis of selected compost if selected for
amendment. Provide any compost to the soils laboratory for
analysis and recommendations as indicated on the Plans for each
of the sampled areas.
2. All soil areas shall be compacted and settled by application of
heavy irrigation to a minimum depth of twelve (12) inches.
B. Final Grades:
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After the foregoing specified deep watering, minor modification to
grade may be required to establish the final grade. These areas
shall not be worked until the moisture content has been reduced to
a point where working it will not destroy soil structure.
a. Finish grading shall insure proper drainage of the site.
b. Eliminate all erosion scars.
c. At time of planting, the top two (2) inches of all areas to be
planted or seeded shall be free of stones, stumps, or other
deleterious matter one (1) inch in diameter or larger, and
shall be free from all wire, plaster, or similar objects that
would be a hindrance to planting or maintenance.
d. Rake surface to a smooth finish surface.
c. Dispose of Excess Soil:
Dispose of unacceptable or unused excess soil off-site in a manner
consistent with local codes.
�. Maintenance of Final Grades:
It shall be the responsibility of the Contractor to maintain the final
grades throughout the Construction Phase. All erosion shall be
properly repaired at the Contractor's own cost to the Engineer's
satisfaction. Any slope soil run-off onto adjacent paving areas,
concrete swales or streets shall be cleaned regularly by the
Contractor.
3.04 PLANTING INSTALLATION
A. General:
Actual planting shall be performed during those periods when
weather and soil conditions are suitable and in accordance with
locally accepted practice, as approved by the Landscape Architect.
2. Only as many plants as can be planted and watered on that same
day shall be distributed in a planting area.
3. Containers shall be opened, and plants shall be removed in such a
manner that the ball of earth surrounding the roots is not broken.
The plants shall be planted and watered as herein specified
immediately after removal from the containers. Containers shall
not be opened prior to placing the plants in the planting area.
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B. Weed Control:
After soil preparation and establishment of final grades prior to any
planting, the Contractor shall irrigate thoroughly for a period of
time, two to three weeks, until the weed seeds have germinated.
When there is sufficient weed seed germination, the Contractor
shall apply a post -emergent contact herbicide according to the
directions of the manufacturer, conforming to any and all codes
affecting herbicide handling and use.
2. The contractor shall then wait an additional two (2) weeks to allow
the herbicide to dissipate, then plant as indicated in the plans and
specifications.
3. The Contractor shall remove any residual foliage. Roots shall be
removed except on slopes 2:1 or greater where they shall remain to
add to the slope's stability.
c. Lay -out of Major Plantings:
Once finish grade is established, and irrigation installed, the
Contractor shall place all shrubs and trees on the ground in their
original containers in the locations and in the quantities as shown
on plan. These locations shall be approved by the Landscape
Architect. Failure to get approval prior to installation may result in
the post -planting changing of locations, plant facing direction, or
the addition or deletion of new plant material to achieve the desired
visual effect at the Contractor's cost.
2. Do not begin any excavation until plant locations and plant beds
are acceptable to the Engineer.
�. Excavation for Planting:
Pits and Trenches:
a. Dig vertical sides and flat bottom on all pits and trenches.
b. Plant pits shall be square for box material, and circular for
container material.
c. All plant pits for shrubs shall be dug twice the diameter and
the depth of the root ball, allowing for the root crown to be
approximately 1/2 inch to 1 inch above finish grade.
d. Refer to plans for the size of tree and shrub plant pits.
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E. Tree and Shrub Backfill
a. Backfill shall consist of native soil and amendments as
indicated per Plans for each sampling area .
F. Planting of Trees and Shrubs:
1. Excavation for planting shall include the stripping and stacking of all
acceptable topsoil encountered within the areas to be excavated
for trenches, tree holes, plant pits and planting beds.
2. Excess soil generated from the planting holes and not used as
backfill or in establishing the final grades shall be removed from the
site in a manner consistent with all local codes.
3. Protect all areas from excessive compaction when trucking plants
or other materials to the planting site.
4. All excavated holes shall have vertical sides with roughened
surfaces.
5. Each excavated plant pit shall be filled with water and allowed to
drain twice before the final container placement and planting.
6. Planting tablets shall be set with each plant on the top of the root
ball while the plants are still in their containers so the required
number of tablets to be used in each hole can be easily verified.
Install the number of planting tablets per manufacturer's
recommendations.
7. Can Removal:
a. Cut cans on two sides with an acceptable can cutter
b. Do not injure root ball
c. Do not cut cans with a spade or ax
d. Carefully remove plants without injury of damage to the root
ball
e. After removing the plant, superficially cut edge -roots with a
knife on three sides
8. Box removal:
a. Remove bottoms of plant boxes before planting
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b. Remove sides of box without damage to root ball after
positioning plant and partially backfilling
9. Center plant in pit or trench.
10. Face plants with fullest growth into prevailing wind, unless other
wise directed by the Landscape Architect
11. Set plants plumb allowing root crown to extend 1" above
surrounding finish grade and hold rigidly in position until soil has
been tamped firmly around base of the root ball.
12. All plants which settle deeper than 1" above finish grade shall be
raised to the correct level. After the plant has been properly
placed, backfill shall be added to the hole to cover approximately
one-half of the height of the root ball or per soils laboratory
recommendations if available. At this stage, water shall be added
to the top of the partly filled hole to thoroughly saturate the root ball
and adjacent soil.
13. After the water has completely drained, planting tablets shall be
placed as indicated on the product labels.
14. Backfill the remainder of the hole per the soils laboratory
recommendations.
15. Hand backfill and hand tamp leaving a slight depression around
bases of plants, and leaving the root crown 1" above finish grade.
In no way shall the root crown be installed below surrounding finish
grade.
16. Once finish grade has been established, an earthen basin shall be
constructed around the plant using amended soil if amendments
have been specified in the backfill mix. The basins shall be of a
sufficient depth to hold 2" depth of water for shrubs and 4" depth of
water for trees.
17. Earthen basins shall be constructed around plants as follows.
Shrub basins may encroach into tree basins, but all basins must
meet the following sizes.
a. One -gallon plants - min. 1' diameter
b. Five -gallon plants — min. 1'-6" diameter
c. Twenty four inch (24") box — min. 4' diameter
d. Thirty six inch (36") box — min. 6' diameter
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18. Pruning:
a. Pruning shall be limited to the minimum necessary to
remove injured twigs and branches and to compensate for
loss of roots during transplanting, but never to exceed one-
third of the branching structure.
19. Staking:
a. Staking of all trees shall conform to tree staking details.
b. One tree of each size shall be staked and approved by the
Engineer prior to continued staking.
3.03 FERTILIZATION
A. Contractor shall fertilize all planting areas as denoted in the agronomic
soils laboratory report for the Establishment period and for on-going
Maintenance.
3.05 CLEAN-UP
A. After all planting operations have been completed; remove all trash,
excess soil, empty plant containers and rubbish from the property. All
scars, ruts or other marks in the ground caused by this work shall be
repaired and the ground left in a neat and orderly condition throughout the
site. The Contractor shall pick up all trash resulting from this work no less
frequently than each Friday before leaving the site, once a week, and/or
the last working day each week throughout the Construction Phase. All
trash shall be removed completely from the site.
e. The Contractor shall leave the site area broom -clean and shall wash down
all paved areas within the contract area, leaving the premises in a clean
condition throughout the Construction Phase.
SECTION 02970
LANDSCAPE MAINTENANCE
PART 1 — GENERAL
1.13 SCOPE OF WORK:
A. Furnish all labor, materials, transportation, and services necessary to
provide landscape maintenance to the project as described herein.
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e. Related Work Specified In Other Sections:
1. Landscape Irrigation
2. Landscape Planting
1.14 GENERAL MAINTENANCE:
A. The length of the maintenance period shall be sixty (60) days for
landscape establishment phase and thirty (30) days for the maintenance
phase.
B. Maintenance of plant materials shall include, but not be limited to
trimming, pruning, watering, fertilization, weed control, cultivation, pest
control and clean up. The Contractor shall keep the site in a state of
perpetual growth and repair.
c. All hardscape shall be kept clear of debris from the maintenance
operations, erosion run-off, irrigation water, or wind blown debris. Clean
up of walks shall be the Contractor's responsibility. Street gutters shall be
included within the debris/siltation removal program.
�. The Contractor shall provide a general clean-up operation at least once a
week for the purpose of removing trash or debris which may accumulate
from the use of the area, wind blown debris, or other refuse.
E. All personnel on the project shall be well trained, clean, neat at all times,
and be conversant with these specifications.
F. All work shall be performed in accordance with the best landscape
maintenance practices and in keeping with the high aesthetic level of the
facilities being maintained.
�. Contractor shall be responsible for removing all weeds in joints of
sidewalks, curbs, and hardscape throughout the project.
H. All landscape areas shall be patrolled weekly by the Contractor to check
for vandalism damage, broken tree branches, rodents, insects, pests, and
diseases.
Water management:
1. Water only as required to allow penetration into the soil and avoid
excess run-off. Once plant material is established, water only as
needed to maintain healthy plant material.
2. Avoid water waste by setting controllers appropriately for the
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current season and weather. Soak and Cycle methods are
preferred. Contractor shall be certain that "smart" controllers are
properly set and connected to correct weather station signals.
Avoid blocking the clear view of signs, illumination of light fixtures, the
airflow out of vents and conflict with pedestrians and vehicles or their
views.
K. Safety of users shall be a prime goal of maintenance especially in regard
to pruning of trees and trimming of ground covers away from walkways
and/or structures. Maintain a minimum of eight (8) feet clearance below
trees in walkway areas..
The Contractor, at his own expense, shall replace all plant material that
has failed during the maintenance phase.
1.15 QUALITY ASSURANCE:
A. Work Force:
1. T he Contractor's representative shall be experienced in landscape
maintenance and shall have received an education in ornamental
horticulture. The Contractor shall give his personal supervision to
the work or shall have a competent foreman on the job site at all
times during progress of the work.
2. The Contractor shall provide and maintain a current list of
emergency telephone numbers for 24-hour emergency response.
The Contractor shall initiate remedial action within two (2) hours
from the time of notification.
1.16 SUBMITTALS:
A. Submittals shall be provided within ten working days from the time
of award of contract.
B. The following submittals will be required:
Deliver to the Engineer a materials List noting product (generic)
name on Contractor's letterhead, supplier and contact information.
Include fertilizer schedule. Product cut sheets may be included for
backup to formal listing of materials on Contractor's letterhead.
1.17 MAINTENANCE PHASE:
A. The Contractor shall continuously maintain all areas involved in this
contract during the progress of the work and during the Maintenance
Phase until final acceptance of the work by the Engineer.
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B. Improper maintenance or poor condition of any plantings as determined
by the Landscape Architect, during or at the end of the scheduled
maintenance period may cause postponement of the final completion date
of the contract. Project maintenance shall be continued by the Contractor
until all work is acceptable to the Engineer.
C. Projects will not be segmented into separate Maintenance Phases unless
specific work phases are indicated with the contract documents.
�. Any period of time the Contractor fails to adequately maintain plantings,
replace unsuitable plants, perform weed control or other work, as
determined by the Engineer, that time will not be credited to the plant
maintenance period, and shall be added on the end of the Maintenance
Phase.
E. The Contractor's maintenance period shall be extended to the Engineer's
satisfaction should the provisions within these plans and specifications not
be fulfilled to the Engineer's satisfaction. See Section 2.09 for further
information regarding Landscape Architect's responsibility with Notice of
el
Substantial Compliance.
1.18 START OF MAINTENANCE PHASE:
A. The Maintenance Phase shall not start until all elements of construction,
planting, and irrigation for the entire project are complete.
B. The Contractor shall request an observation to begin the Maintenance
Phase after all planting and related work has been completed in
accordance with the contract documents. If such criteria are met to the
satisfaction of the Engineer, a field notification shall be issued to the
Contractor from the Engineer, to establish the effective beginning date of
the Maintenance Phase. The Engineer has the ultimate authority in
setting the beginning date for the Maintenance Phase.
1.19 GUARANTEE AND REPLACEMENT:
A. All plant material installed under this contract shall be guaranteed against
any and all poor, inadequate or inferior materials and/or workmanship for
a period of one year for trees and 90 days for shrubs. This guarantee
shall begin from the date of final acceptance at the end of the
Maintenance Phase as established by the Engineer. Any plant material
found to be dead, missing or in poor condition as determined by the
Engineer, shall be replaced by the Contractor at his expense.
B. Any materials found to be dead, missing, or in poor condition as
determined by the Engineer, shall be replaced. The Engineer shall be the
sole judge as to the condition of material. Material to be replaced within
the guarantee period shall be replaced by the Contractor within seven (7)
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days of written notification, not just prior to inspection.
C. The installing Contractor and the on-going Maintenance Contractor shall
walk the site at the end of the Maintenance Phase prior to turn -over of
Maintenance to the on-going Maintenance Contractor. The on-going
Maintenance Contractor shall document any and all on-going
maintenance issues or concerns that he believes he may be liable for
after the turn -over of maintenance responsibilities. This shall include any
and all plant materials which appear to be dead, missing or in poor
condition, and any irrigation equipment installation or materials that may
appear suspect to malfunction during the guarantee period. This shall
include all plants which were planted towards the end of the Maintenance
Phase and which have not had the benefit of 90 day minimum growth.
Documentation may include flagging, photographs, written report or
combination of such. Only items noted as suspect by the on-going
Maintenance Contractor and reviewed and agreed to by the installing
Contractor and Engineer shall be covered during the guarantee period by
the installing Contractor. In case of disagreement, the Engineer shall be
the sole judge as to the determination of any suspect materials or
installations.
�. Plants installed near the end of the Guarantee period shall be guaranteed
by the installing Contractor only until the final acceptance of the
Guarantee period by the Engineer.
1.20 FINAL PROJECT SUBMITTALS:
A. Prior to the date of the final inspection at the end of the Maintenance
Phase, the Contractor shall acquire from the Landscape Architect mylar
prints at the Contractor's expense, and record from the job record set all
changes made during construction, label as "Record Drawings", and
deliver to the Engineer. Prior to the date of final inspection at the end of
the Maintenance Phase, the Contractor shall deliver to the Engineer the
"Landscape and Irrigation Guarantee" as required. All other submittals as
incorporated in the Irrigation and Planting Specifications shall also be
completed prior to the final acceptance by the Engineer.
PART 2 — EXECUTION
2.01 MAINTENANCE:
A. Maintenance shall conform to the following standards.-
All
tandards:
All areas shall be kept free of debris and all planted areas shall be
weeded and cultivated at intervals of not more than seven (7) days.
Watering, mowing, rolling, edging, trimming, fertilization, spraying
and pest control, as may be required, shall be included in the
maintenance period.
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2. The Contractor shall be responsible for maintaining adequate
protection of the entire project area. Damaged areas caused by
erosion, tire damage, graffiti, pests or other damage as deemed by
the Engineer shall be repaired at the Contractor's expense.
3. All sidewalks, paved areas and other areas adjacent to the planting
areas shall be cleaned of all debris, soil, or other materials at
intervals of not more than seven (7) days.
2.02 TREE AND SHRUB CARE:
A. Watering:
Maintain a large enough water basin around plants in groundcover
areas so that enough water can be applied to establish moisture
through the major root zone. When hand -watering, use a water
wand to break the water force. Use mulches to reduce evaporation
and frequency of watering.
e. Pruning:
Trees:
a. Prune trees to select and develop permanent scaffold
branches that are smaller in diameter than the trunk or
branch to which they are attached that have vertical spacing
of from 18" to 48" and radial orientation. Other pruning shall
be performed to correct the following:
so permanent scaffold branches do not overlay one
another
2. to eliminate diseased or damaged growth
3. to eliminate narrow V-shaped branch forks that lack
strength
4. to reduce toppling and wind damage by thinning out
crowns
5. to maintain growth within space limitations
6. to maintain a natural appearance
7. to balance crown with roots
b. No stripping of lower branches, (raising up), of young trees
be permitted unless trees are in conflict with walkways,
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driveways, views or care of building facilities. Lower
branches shall be retained in a pinched back condition with
as much foliage as possible to promote caliper trunk growth,
(tapered trunk). Lower branches can be cut flush with the
trunk only after the tree is able to stand erect without staking
or other support. No stubbing of major branches will be
accepted.
c. Trees shall be thinned out and shaped when necessary to
prevent wind and storm damage. The primary pruning of
deciduous trees shall be done during the dormant season.
Damaged trees or those that constitute health or safety
problems shall be pruned at any time of the year as
required.
All tree pruning shall be done with hand equipment operated
from the ground. If trees are larger than able to be pruned in
such a manner, the condition will be brought to the attention
of the Engineer.
Remove no more than 50% of a plant's foliage during
pruning operations.
Lower branches on established street trees shall be pruned
8' up for pedestrian clearance and 12' up for vehicular
clearance.
g. Topping of trees will not be tolerated unless approved by the
Engineer.
2. Shrubs:
a. The objectives of shrub pruning are the same as for trees.
Shrubs shall not be clipped in balled or boxed forms unless
such is required by the design.
b. All burning cuts shall be made to lateral branches or buds or
flush with the trunk. Stubbing will not be permitted.
c. Remove any spent blossoms or flower stalks after flowering.
d. Hedges and most plant masses shall be pruned into a mass
form, not individual plant balls or boxes.
c. Staking and Guying:
Remove stakes and guys as soon as they are no longer needed.
Stakes and guys are to be inspected to prevent girdling of trunks or
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branches and to prevent rubbing that causes bark abrasions.
Trees found damaged shall be replaced at the Contractor's
expense.
Weed Control:
Keep basins and areas between plants free of weeds. Use
recommended legally approved pre -emergent and post -emergent
herbicides and removal by hand methods. Avoid frequent soil
cultivation that destroys shall roots. Use mulches to help prevent
weed seed germination. Avoid post -emergent herbicides in
groundcover areas where overspray may kill young rooted cuttings.
2. Use of chemical spraying may be necessary to rid turf areas of
noxious weeds.
3. Weed control is on-going and shall be consistently performed until
the end of the Maintenance Phase. Just prior to the end of the
Maintenance Phase, the Contractor shall perform a final weed
spraying and removal through the entire project. Should the project
meet "industry standard" as determined by the Landscape Architect
at the end of the Maintenance Phase, the Engineer shall be
responsible for weed control from that point forward. The weed
control program shall be extended if the weed control program
does not meet "industry standard" as determined by the Landscape
Architect, until substantial compliance is determined by the
Landscape Architect.
Mulch
Replace mulch in planting areas and basins to meet original
requirements of details and specifications. Replacement mulch
shall be considered a part of the maintenance and provided and
installed at the cost of the contractor's maintenance program.
Insect Control:
Maintain a reasonable control with approved materials and
methods that are legally accepted in the area. Obtain approval of
materials and methods from the Engineer prior to work.
Disease and Pest Control.-
The
ontrol:
The Contractor shall be responsible to control all diseases and
pests during the Maintenance Phase. All disease and pest control
materials and methods shall be at the direction of a licensed pest
control operator. The Engineer shall be made aware of all methods
and materials to be used for disease and pest control. The
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Contractor shall implement the control measures exercising
extreme caution in using pesticides and taking all necessary steps
to ensure the safety of the public.
H. Fertilization:
No fertilization is required during the first 30 days after planting. At
approximately 60 days after planting uniformly broadcast sulfur
coated urea at the rate of 5 lbs. per 1,000 sq. ft.
2. Avoid applying fertilizer to the root ball and base of main stem;
rather spread evenly under plant to the drip line. For on-going
fertilization schedule, refer to the soils laboratory report at the end
of these specifications.
2.03 MULCH
A. Maintain original mulch depth by providing and installing approved project
mulch in all specified planting areas on a regular basis and at the end of
the Maintenance Period.
2.04 IRRIGATION SYSTEM
A. The Contractor shall check all systems for proper operation a minimum of
once a month.
B. Conventional overhead systems shall be flushed out after removing the
last sprinkler head at each end of the lateral at 30 day intervals. All
conventional heads are to be adjusted as necessary for 100%, head-to-
head coverage.
c. Set and program automatic controllers for ET input or for seasonal water
requirements.
�. Repair all damage to the irrigation system at the Contractor's expense.
Repairs shall be made within one watering cycle. All replaced equipment
shall match the equipment specified on the plans and specifications.
E. Replace irrigation equipment with same type and size as originally
designed. Replacements by other manufacturers are not acceptable
unless no longer available. All substitutions shall be approved prior to
installation by the Engineer.
2.05 FINAL ACCEPTANCE
A. The Contractor shall be aware that the landscape shall be in a vigorous
and thriving condition prior to final acceptance. All plant material which
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may still be under stress from the Construction Phase shall at this time be
rejected and replaced by healthy and vigorous plant material prior to final
acceptance.
All plant material shall have new growth trimmed neatly, turf shall be
mowed, and all hardscape shall be cleaned prior to final acceptance.
C. Should the project meet substantial compliance to the plans and
specifications in the Landscape Architect's opinion, the Landscape
Architect shall provide a notice of substantial compliance to the Engineer.
This notice will be sent after the final site visit at the end of the
Maintenance Phase. This notice will indicate that the intent of the plans
and specifications has been fulfilled to "industry standard" in the opinion of
the Landscape Architect. Industry standard is being defined herein as
work that has reached a normal or reasonable point of completion
normally expected and consistent with that degree of care and skill
ordinarily exercised by contractors under similar circumstances within the
local region. This will relieve the landscape architect from any and all
further work relative to this project. Should substantial compliance not be
met, a punch list of sub -standard items not meeting "industry standard" in
the opinion of the Landscape Architect shall be generated and sent to the
Engineer. These items will need to be addressed and completed prior to
the final letter of substantial compliance being sent.
�. Upon final acceptance of the project by the Engineer, a date shall be
agreed upon and set in writing verifying the final date of the ninety (90)
day shrub and one (1) year tree guarantee periods.
E. Any on-going conflicts which may exist between the Contractor and the
Engineer regarding maintenance issues may be resolved per further
agreement extensions, new agreements, or other legal means available
outside this contract.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 GENERAL
Ten (10) working days prior to starting work, the Contractor shall distribute construction
notices to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notices.
Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to
the residents a second written notice prepared by the City clearly indicating specific
dates in the space provided on the notices when construction operations will start for
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each block or street. An interruption of work at any location in excess of 14 calendar
days shall require re -notification. The Contractor shall insert the applicable dates and
times at the time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
600-3 PEDESTRIAN ACCESS
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.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, up to four (4) changeable message boards (CMBs), 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. Messages for the CMBs
shall be updated by the Contractor as directed by the Engineer.
601-2 TRAFFIC CONTROL PLAN (TCP)
The City will provide Contractor traffic control plans and/or detour plans for Jamboree
Blvd. within the scope of the project. The Contractor shall adhere to the conditions of
the traffic control plan. In addition to the Traffic Control Plans provided by the City,
Contractor shall conform to the provisions of the WORK AREA TRAFFIC CONTROL
HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and
sealed by a California licensed traffic engineer. Traffic control and detours shall
incorporate the items in 7-10.3.
PART 8 - LANDSCAPING AND IRRIGATION
SECTION 800 - MATERIALS
800-1 LANDSCAPING MATERIAL
801-1 General
SECTION 801 - INSTALLATION
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The Contractor is responsible for clearing and grubbing, pruning and removing tree roots
that interfere with the work. The Contractor shall submit recommendations by its arborist
to the City for review for safely pruning and removing tree roots. No roots shall be
pruned or removed unless this submittal is returned to the Contract as satisfactory. Prior
to the submittal, the Contractor shall arrange to meet with the City's Urban Forester at the
site to discuss City standards and requirements.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruninq
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
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.
801-6 MAINTENANCE AND PLANT ESTABLISHMENT
The maintenance and plant establishment period shall be for a period of (90) calendar
days.
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