HomeMy WebLinkAboutC-8814-1 - Peninsula Encroachment Removal ProjectCITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
July 17, 2023
SGD Enterprises dba Four Seasons Landscaping
Attn: Steven G. Darrison
14937 Delano Street
Van Nuys, CA 91411
Subject: Peninsula Encroachment Removal Project - C-8814-1
Dear Mr. Darrison:
On May 9, 2023, 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 11, 2023, Reference No. 2023000109356. The Surety for the bond is The Ohio
Casualty Insurance Company and the bond number is 24254075. Enclosed is the Labor
& Materials Payment Bond.
Sincerely,
Ze Z*v A
Leilanii IMMC
City Clerk
Enclosure
CITY OF NEWPORT BEACH
BOND NO. 24254075
Premium (included in Performance Bond)
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to SGD
Enterprises dba Four Seasons Landscaping hereinafter designated as the "Principal," a
contract for removing ice plants, trees, non-native vegetation, lawns, hardscape
Improvements, and miscellaneous hardscape objects (e.g., stepping stones, pavers,
rocks) from the beach area located along the oceanfront side of Balboa Peninsula from.
the end of the existing Ocean Front boardwalk near F Street to Channel Road 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,
The Ohio Casualty 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 Eighty Eight Thousand Twenty Four Dollars and 00/100 ($588,024.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns; Jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in 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.
MEW
SGD Enterprises dba Four Seasons Landscaping Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9600 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 12th day of July 2022
SGD Enterprises DBA Four Seasons Landscaping
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
17771 Cowan, Suite 100, Irvine, CA 92614
Address of Surety
714-784-5539
Telephone
APPROVED AS TO FORM:
CITY ATT FnEY'S OFFICE
Date. 7'
By: Y-�
ar C.
City Attorney
V',
Authorized Signature/Title
Authorized Agent Signature
Connle Carpenter, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
r
SGD Enterprises dba Four Seasons Landscaping Page A,2
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 Fresno
County of
On before me, Pamela Severson, Notary Public
(insert name and title of the officer)
personally appeared Connie Carpenter '
who proved to me on the basis of satisfactory evidence to be the person whose nameN Is*e
subscribed to the within instrument and acknowle ged to me that t�/shEIANy executed the same in
�s/her/their authorized capacityO, and that by t/her/thh it signature( on the instrument the
person(X or the entity upon behalf of which the person(`s,2 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.
VERSON
WITNESS my hand and official seal. NOTARY
PUBELA IC -CALIF
NOTARY PUBLIC - CALIFORNIA
$ COMMISSION # 2201693 k'
FRESNO COUNTY
My Exp. April 18, 2023
( My
Comm.Corn . Exp. eam
Signature �� 1 .�- �e-..��,-•-- (Seal)
RE: S % t�h � '
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8208182-988470
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
underthe laws ofthe State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Connie
Carpenter, James DeBeau, Kimberly J. Ayala
all of the city of Fresno slate of CA each individually if there be more than one named, its true and lawful attorney -in -tact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of June , 2022 .
Liberty Mutual Insurance Company
P�gYPoNSp P� tsPoUgg2 The Ohio M Casualty Insurance Company
(9(9(9
°oa as,'Poy°o °a> nWest American Insurance Company
3 Fo nz d "bramary1919pW oa 1991 0 '4yAMP6�dL$Ys �NCIANP dD� °'H1 • hd ''M * NN By:
N David M. Carey, Assistant Secretary
ro State of PENNSYLVANIA
or County of MONTGOMERY ss
3 On this 20th day of June 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
m Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
of oP PA8A
4i eNW Fc Commonwealth or Pennaylvanla-Netary Seal
0 �[yQ°°t %p2 9 Terese Pestella, Coup Publb �f
m OF Msion emery County
Mycommisslon expires Marti, 28.2828 By:
*� �.�g Commlealonn Aaaac 1oncAl
"MsvwP`�-¢ Memter, PennrylvenlaPasoclatlon ofNobtlea Teresa Pastella, Notary Public
N griY Pao'
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
d ARTICLE IV —OFFICERS: Section 12. Power of Attorney.
m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
t have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such
0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this arficle may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII— Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,.
bonds, moognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foragoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
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�o'�Arsq°Nes �-�D yob yAM4ys 'rso,M°*a F�aa By. Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02121
ACKNOWLEDGMENT
A notarypublic 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 9I91,J 652NRtZbtNo ) ss.
On 1U19 INr2Ozti 20._22 before me, MftIZ1I) C-IOLSM fgwleloS hudo"
Notary Public, personalty appeared GYTfanl Df1i2t21sON
who proved to me on the basis of satisfactory evidence to be the person(Kwhose name0y 0-< e
subscribed to the within instrument and acknowledged to me that he/sJieithg4lexecuted the same
in his/hi rltbefr authorized capacity, and that by his/fjer9tW signatures( on the instrument
the person(, or the entity upon behalf of which the person(sr)-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.
0-�MARIA ELOISA BARRIOS AVIDWITNE m hand and official seal. NotayPubuc•eaufarnlawSan Bernardino County
Commisslon 6 2386269y Comm. Expires Dee 11, 2028
Signat re (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)
SGd Enterprises dba Four Seasons Landscaping Page A-3
5/11/23, 11:22 AM
Batch 15716955 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
I111IIIII11I1III 11IIJ11I 111I 1I111I1IIlfl1IIJI11111I1�1I[I1�1� 11� NO FEE
*$ R 0 0 1 4 3 4 6 4 2 0 $ *
202300010935610:36 am 05111/23
90 CR-SC06 N12 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, California, 92660, as Owner, and SGD Enterprises dba Four Seasons
Landscaping, Van Nuys, California, as Contractor, entered into a Contract on July 19,
2022. Said Contract set forth certain improvements, as follows:
Peninsula Encroachment Removal Project - C-8814-1
Work on said Contract was completed, and was found to be acceptable on
May 9. 2023, by the City Council. Title to said property is vested in theAwner and the
Surety for said Contract is The Ohio Casualty Insurance Company. / 1
BY
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 MM 6 9%, at Newport Beach, California.
i
BY l.�illl, / lr lIli
City Clerk
https://gs.secure-recording.com/Batch/Confirmation/15716955 1/9
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 SGD Enterprises dba Four Seasons
Landscaping, Van Nuys, California, as Contractor, entered into a Contract on July 19,
2022. Said Contract set forth certain improvements, as follows:
Peninsula Encroachment Removal Project - C-8814-1
Work on said Contract was completed, and was found to be acceptable on
May 9, 2023, by the City Council. Title to said property is vested in the Qwner and the
Surety for said Contract is The Ohio Casualty Insurance Company.
BY �
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 der I Ui/7i3 at Newport Beach, California.
BY W16,
City Clerk
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
PENINSULA ENCROACHMENT REMOVAL PROJECT
Project No. 22M14
Contract No. C-8814-1
Engineer's Estimate: $600,000
Approved by
James M. Houlihan
De PU Public Works Director/City Engineer
There is a mandatory pre -bid meeting scheduled on March 15, 2022 at 8 AM. See
Instructions to Bidders for details.
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 April 7, 2022,
at which time such bids shall be opened and read for
Peninsula Encroachment Removal Project.
Prospective bidders may obtain Bid Documents and
Project Specifications with attached Drawings via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "C27"
For further information, call Robert Stein. Project Manager, at (949) 644-3322
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
h_tt_p._/inewportbeachca,_gov/government/open-transiDarent/online-services/bids=qps-
vendor-registration
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
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:
a. INSTRUCTIONS TO BIDDERS
b. BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
c. DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor
information to be submitted via PlanetBids)
d. CONTRACTOR'S INDUSTRIAL SAFETY RECORD
e. INFORMATION REQUIRED OF BIDDER
f. ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any; Contractor shall confirm via PlanetBids)
g. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
h. NON -COLLUSION AFFIDAVIT
i. DESIGNATION OF SURETIES
j. PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via Planet8ids)
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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. A mandatory pre -bid site walk of some of the project area will be conducted on March 15, 2022
at 8:00 AM. The site walk will start at the G Street street -end. Please email Hayley Mackay at
hmackay@newportbeachca.gov prior to the meeting date. Include your name, contact
information and the names of any additional attendees. Ms. Mackay Hayley will then send you a
map showing the meeting location.
3. 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.
4. 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.
5. 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, sealed
3
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
6. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
7. 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.
8. 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.
9. 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.
10. 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".
11. 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)].
12. 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.
13. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
14. 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.
15. 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
4
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
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 reviewed.
662720 C27/ C61 /D49
Contractor's License No. & Classification
1000594916 06/30/2022
DIR Registration Number & Expiration Date
SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING
Bidder
5
(ti61,oz, / Vice Presidaent
Authorized Signature/Title
4-6-2022
Date
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO.22M14
CONTRACT NO. C-8814-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Amount Bid
Dollars ($ 10% ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of Peninsula
Encroachment Removal Project, Contract No. C-8814-1 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 5th
SGD Enterprises DBA
Four Seasons Landscaping
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
day of April , 2022.
Authorized Signature/Title
Authorized Agent Signature
17771 Cowan, Suite 100, Irvine, CA 92614 Shauna Lucero, Attorney -in -Fact
Address of Surety
714-784-5539
Telephone
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
0
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 Fresno } ss.
On April 5. 2022 , 20 before me, Pamela Severson
Notary Public, personally appeared Shauna Lucero
who proved to me on the basis of satisfactory evidence to be the person( whose namew is/ace
subscribed to the within instrument and acknowledged to me that he/she/th y executed the same
in Wher4air authorized capacity(aes), and that by.tais/her/their signatures(X) on the instrument
the personaX), or the entity upon behalf of which the person(o acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
1� a \ u__LU�1.(`�� --
Signature
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
PAMELA SEVERSON
7 NOTARY PUBLIC • CALIFORNIA
COMMISSION N 2281693 Q
ddd FRESNO COUNTY
9 My Comm. Exp. April 15, 2023
(seal)
OPTIONAL INFORMATION
April 5, 2022 Thumbprint of Signer
Type of Satisfactory Evidence:
Personally Known with Paper Identification
_X Paper Identification
Credible Witness(es)
❑ Check here if
Capacity(ies) claimed by Signer(s): no thumbprint
Trustee or fingerprint
X Power of Attorney is available.
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
City of Newport Beach, Peninsula Encroachment Removal Project
r7
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 /, ips )SS.
On , �,, �z 20 a.-Z before me, _CX—vt \ Skcyv--
Notary Public, personally appeared E�Har DPc,r\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/site/tthey executed the same
in his/herAheirauthorized capacity(ies), and that by his/her-4eir 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. GAVRIEL STARK
0
COMM. #2238854
Notary Public •California
z W. Los Angeles County
My Comm, Expires Apr. 20, 202
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
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
Ei
(seal)
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual® The Ohio Casualty Insurance Company Certificate No: 8207477-988470
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Shauna
Lucero
all of the city of Fresno state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 1 lth day of March 2022
Liberty Mutual Insurance Company
P� INSup_ P1t1 INS& a INSUI. The Ohio Casualty Insurance Company
j��oePOR,ro9yn� �Jr4oNPORgrF�y� 2�o"PO'�Aroy West American Insurance Company
1912q o 0 1919 1991 /�
l
dj1 SSACHUB` �a °NAMP9'f�? a� �NDIANP a -44Z r
eh * �� dyl * *ad M * ��a By.
David M. Carey, Assistant Secretary
c`v State of PENNSYLVANIA ss
County of MONTGOMERY
oOn this I lth day of Mazch 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
to Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
c •r
O N Sp, PAST
` Q�C t�N,pNWCommonwealth of Pennsylvania - Notary Seal
[ri o 9fa Teresa PastMontgomery
Notary Public
do ~ ° Z 9 Montgomery County
0 N q OF My commission expires March 28, 2025 By
C , C Commission number 1126044
YVIP��G Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public
N Ry PUO�
= 45
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
0 •� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS: Section 12. Power of Attorney.
CU
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
D President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
> C any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
o t have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of April 2022
V INS U �11 I/'!S& d INSupy
j P4�RP ",, y4n Q P6QaP°R°r�Ogy:' .�'pr°NP°/���yC+
Q! O tt
F 1912 r� V 1919 � S 1991
°¢ m o a o
By
*°s da y°NAbPs*�da� rs� °*" *�da Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
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City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
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. No changes may be made in these subcontractors except with
prior approval of the City of Newport Beach. Bidders must also include DIR registration
numbers for each subcontractor.
SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING C_&� ", / Vice Presidaent
Bidder
9
Authorized Signature/Title
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No. 1
Project Name/Number Van Vliet Streetscape - Murch 2021
Project Description Planting and Irrigation
Approximate Construction Dates: From 202
Agency Name Webb Associate/ City of Chino
Contact Person Darius Fatakia
To: 2021
Telephone (
) (714) 471 0131
Original Contract Amount $ 463,000 Final Contract Amount $ 463,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
10
No. 2
Project Name/Number Santa Barbara promanade terracast pot
Project Description Installing (69) 60" Terracast pot and planting
Approximate Construction Dates: From 2020
Agency Name City of Santa Barbara
To:2021
Contact Person Chelsey Swanson Telephone ( ) (805) 897 2599
Original Contract Amount $155,000 Final Contract Amount $155,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 3
Project Name/Number Glazer House
Project Description Landscape Renovation
Approximate Construction Dates: From 2021
Agency Name Private Resident
To:2022
Contact Person Luis Rodriguez Telephone ( ) (818) 585 3216
Original Contract Amount $ 850,000 Final Contract Amount $ 850,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
11
No. 4
Project Name/Number Surfside Villa
Project Description Landscape Renovation
Approximate Construction Dates: From 2019 To: 2020
Agency Name Goldrich Kest
Contact Person Elmer Chuy Telephone ( ) (424) 366 6952
Original Contract Amount $ 400,000 Final Contract Amount $ 400,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 5
Project Name/Number 3400 Sunset Ave
Project Description Planting
Approximate Construction Dates: From 2019 To: 2020
Agency Name TNT Simmonds
Contact Person Trevor Rick Telephone ( ) (818) 919 8738
Original Contract Amount $ 150,000 Final Contract Amount $150,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
No. 6
Project Name/Number Forest Lawn Cemeteries
Project Description Tree Trimming
Approximate Construction Dates: From 2020
Agency Name Forest Lawn Cemeteries
Contact Person Larry Garcia
To: 2021
Telephone ( ) (323) 340-4768
Original Contract Amount $150,000 Final Contract Amount $150,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING 6za4. .Itl [Vice President
Bidder
13
Authorized Signature/Title
Key Personnel
Stephen Darrison (President): Owner and CEO of Four Seasons Landscaping.
Founded the company 1989 by himself, he has grown the company into one of the largest
landscaping companies in California. Address is 14937 Delano Street Van Nuys, CA 91411.
Telephone number is 323-658-1047. Email is stevedarrison@gmail.com. Stephen holds the
current business licenses specifically the c27/d49/c61.
Ethan Darrison (Vice President): Vice President of Operations. Ethan joined the
team in 2017. Ethan is responsible for customer relations, account management,
financials and acquiring new contracts. Address is 14937 Delano Street Van Nuys, CA 91411.
Telephone number is 323-658-1047. Email is darrison@sgdent.com. Ethan will be responsible
for overseeing this whole contract.
Luis Rangel (Head Supervisor): Head foreman. Luis has been with Four Seasons for over 20
years. He is responsible for overseeing all of the landscape workers and helping with training
and quality assurance. He has knowledge in maintenance, irrigation, tree trimming and
planting. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658-
1047. Email is luisrangel97@gmail.com.
Ela Fernandez (Treasurer): Oversees all financial activity for the company. Ela is responsible for
all payroll processing reports, generating accounts receivable and payables, and focusing on
prevailing wage requirements. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone
number is 323-658-1047. Her email is sgd@sgdent.com.
Jonathan Rosenberg- Jonathan holds the qualified applicator license and oversee all pest
control. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658-
1047. His email is jrosenberg@sgdent.com.
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
NON -COLLUSION AFFIDAVIT
State of California )
County of Los Angeles ) ss.
Ethan Darrison being first duly sworn, deposes and says that he or she is
Vice President of SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or
on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that
the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any
fee to any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and
correct.
SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING C16 ' i Gi�ei/LLGQd11� / Vice Presidaent
Bidder
Authorized Signature/Title
Subscribed and sworn to (or affirmed) before me on this6th day of April 12022
by Gl-j1 \c\ S�V . N c)4cv��► V) i i 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.
4 GAVRIEL STARK
[SEAL] -Wry ^ o COMM. #2238854 z
Notary Public • California
Z Los Angeles County
M Comm, Ex Tres A r. 20, 2022
14
A0,41
Notary Public
My Commission Expires: , io . 2-
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
DESIGNATION OF SURETIES
Bidder's name J6,-)
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):
Sk1 T+� " ��v2 cif► `" �'c�j4 Rirr I�Kr �� C� �.b^�! P `! n Y
J'
77 -7 /-0v , t'rV!'n4 . , CA 92-
/y -7F`/ "J-s.3q
Golk4 11 f - 4, Q/1 ti iC. ° /L f �-d�G�C7�S r�7� k r'ev , C l-'� dam+y 16a-S '�Y"7
Yb a - 6; 8"- I7Jf
15
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name S CJ 1—� ^e'-'pJ
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2021
2020
2019
2018
2017
Total
2022
No. of contracts
Total dollar
Amount of
5� Cr 4 a
Contracts (in
Thousands of $
No. of fatalities
o
a
0
O
b
No. of lost
Workday Cases
�
No. of lost
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 SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING
Business Address: 14937 Delano St, Van Nuys, CA 91411
Business Tel. No.: (323) 658-1047
State Contractor License No. and
Classification: 662720 C27/ C61/D49
Title Vice President
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date 04/06/2022
Title Vice President
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA CERTIFICATE OF 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 Loy A"'2 i )
On y Z2 before me, ��`a-` ao� �•i 1��h�+,C
(here insert name and title oft e officer)
personally appeared 6� V\av,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-Fe subscribed to
the within instrument and acknowledged to me that he/shefthey executed the same in his/her{heir
authorized capacity(ies), and that by his/he�r 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 GAVRIEL STARK
State of California that the foregoing is true and correct. "'"
g g , " COMM. #2238854 z
° _ _ o Notary Public • California
z w Los Angeles County
WITNESS my hand and official seal. My Comm. Expires A r. 20, 2022
Signature A-a^w, J-��
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
Title(s)
Name(s) of Person(s) or Entity(ies) Signer is Representing
Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
O form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
0 Copyright 2007-2017 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No.
Date Received
Sign ture
Addendum No.1
03/16/2022
!1.
Addendum No.2
03/30/2022
Addendum No.3
04/01/2022
Addendum No.4
04/01/2022
rr-56241l1.
W
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
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: SGD ENTERPRISES DBAFOUR SEASONS LANDSCAPING
Business Address: 14937 Delano St, Van Nuys, CA 91411
Telephone and Fax Number: (323) 658-1047
California State Contractor's License No. and Class: 662720 C27/ C61/D49
(REQUIRED AT TIME OF AWARD)
Original Date Issued:08/17/1990 Expiration Date:01/31/2023
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:
Farzad Zohrabiantafti
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
Steve Darrison President
Address
Telephone
14937 Delano St, Van Nuys, CA 91411 (323) 658 1047
Ethan Darison Vice president 14937 Delano St, Van Nuys, CA 91411 (818) 922 4046
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:
r'A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
,u/A.
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N 1A
Briefly summarize the parties' claims and defenses;
LIZA
Have you ever had a contract terminated by the owner/agency? If so, explain.
1IJ-D
Have you ever failed to complete a project? If so, explain.
Ili —
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 fm
20
Are any claims or actions unresolved or outstanding? Yes No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
Steve Darrison
(Print name of Owner or President
of Corporation/Company)
SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING 6Z14�iL
Bidder
Authorized Signature/Title
Vice President
Title
04/06/2022
Date
On 4,6, 2 _7— before me, W , Notary Public, personally appeared
t \-)orr1Sc,,> , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/aFe subscribed to the within instrument and
acknowledged to me that he/sI, hey executed the same in his/4@4heir authorized capacity(ies), and that
by his/herAhei-psignature(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 is true and correct.
WITNESS my hand and official seal.
(SEAL) GAVRIEL STARK
Notary Public in and for said State 0.
COMM, #2238854 z
x Notary Public - California oZLos Angeles County
Comm, Expires Apr. 20, 2022�
My Commission Expires: y 2;; _ Z "L
21
PENINSULA ENCROACHMENT REMOVAL PROJECT
CONTRACT NO. 8814-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 19th day
of July, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and SGD ENTERPRISES doing
business as ("DBA") FOUR SEASONS LANDSCAPING, a California corporation
("Contractor"), whose address is 14937 Delano Street, Van Nuys, California 91411, 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: removing ice
plants, trees, non-native vegetation, lawns, hardscape improvements, and
miscellaneous hardscape objects (e.g., stepping stones, pavers, rocks) from the
beach area located along the oceanfront side of Balboa Peninsula from the end of
the existing Ocean Front boardwalk near F Street to Channel Road (the "Project"
or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 8814-1, 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 Eighty Eight Thousand Twenty Four Dollars
and 00/100 ($588,024.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Stephen G. Darrison 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.
SGD Enterprises dba Four Seasons Landscaping Page 2
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
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: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
SGD Enterprises dba Four Seasons Landscaping Page 3
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Steven G. Darrison
SGD Enterprises dba Four Seasons Landscaping
14937 Delano Street
Van Nuys, CA 91411
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.
SGD Enterprises dba Four Seasons Landscaping Page 4
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.
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
SGD Enterprises dba Four Seasons Landscaping Page 5
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. 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
SGD Enterprises dba Four Seasons Landscaping Page 6
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
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.
SGD Enterprises dba Four Seasons Landscaping Page 7
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies.
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.
SGD Enterprises dba Four Seasons Landscaping Page 8
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
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]
SGD Enterprises dba Four Seasons Landscaping 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 ATTOR IEY'S OFFICE
Date:
B
ron C. PIV
City Attorney
ATTEST: %20-k
Date: 1
� r
By:
Leilani I. Brown
City Clerk____
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: / ,
By:_Z '�—
Kevin Muldo
Mayor
CONTRACTOR: SGD Enterprises DBA
Four Seasons Landscaping, a California
corporation
Date:
Signed in Counterpart
By:
Steven G
President
Date:
Darrison
Signed in Counterpart
By:
Ariel Darrison
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Insurance Requirements
SGD Enterprises dba Four Seasons Landscaping 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 ATTOR E 'S OFFICE
Date: 7�6—
B �' ?
VV)
nC.H
ttor ey
ATTEST:
Date:
as
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONTRACTOR: SGD Enterprises DBA
Four Seasons Landscaping, a California
corporation
Date: 7/i 3% -c Z �-
By: 4--
Steven Steven G. Darrison
President
Date:
By: C/t'.
Ariel Darrison
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Insurance Requirements
101
SGD Enterprises dba Four Seasons Landscaping Page 10
CITY OF NEWPORT BEACH
vQnkln kin 242s4n7-5
vvu ivv.
Premium (included in Performance Bond)
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to SGD
Enterprises dba Four Seasons Landscaping hereinafter designated as the "Principal," a
contract for removing ice plants, trees, non-native vegetation, lawns, hardscape
improvements, and miscellaneous hardscape objects (e.g., stepping stones, pavers,
rocks) from the beach area located along the oceanfront side of Balboa Peninsula from
the end of the existing Ocean Front boardwalk near F Street to Channel Road 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,
The Ohio Casualty 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 Eighty Eight Thousand Twenty Four Dollars and 00/100 ($588,024.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
SGD Enterprises dba Four Seasons Landscaping Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 12th day of July 20 22
SGD Enterprises DBA Four Seasons Landscaping
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
17771 Cowan, Suite 100, Irvine, CA 92614
Address of Surety
714-784-5539
Telephone
APPROVED AS TO FORM:
CITY ATTT N Y�� FFICE
Date:24
By:
ar C.
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Connie Carpenter, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
SGD Enterprises dba Four Seasons Landscaping Page A-2
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 Fresno
On before me, Pamela Severson, Notary Public
(insert name and title of the officer)
personally appeared Connie Carpenter
who proved to me on the basis of satisfactory evidence to be the personN whose named is/bKe
subscribed to the within instrument and acknowledged to me that Njshe/tNy executed the same in
h)s/her/t'teir authorized capacity(Xs), and that by h1' /her/tNir signatureN on the instrument the
person( or the entity upon behalf of which the personN 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 ��, c ► r
RE: S G '�� E-`�
(Seal)
�A
PAMELA SEVERSON
NOTARY PUBLIC - CALIFORNIA
COMMISSION # 2281693
• �o FRESNO COUNTY
My Comm. Exp. April 15, 2023
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty
Mutual.
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8208182-988470
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Connie
Carpenter, James DeBeau, Kimberly J. Ayala
all of the city of Fresno state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of June , 2022 .
C6
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rn County of MONTGOMERY
Liberty Mutual Insurance Company
P� 1NSu P%,IY INS& \NSU,+ The Ohio Casualty Insurance Company
�oaPORa> 'yn hJ Cr 4P �oaP01% l 4" West American Insurance Company
Fo to 13 3 °b m w 3 b° to
Y;1912q 0 0 1919 1991
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Y�,y1 s'44CHU5�.da yO �HAMP`+�`� � '� �4'DIANP D I
By:
David M. Carey, Assistant Secretary
(D On this 20th day of June 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
co Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
5N PAST
M,oNIN F<
F4<�Z (y
OF
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
P
My commission expires March 28, 2025
Commission number 1126044
By:
Member, Pennsylvania Association of Notaries erase Pastella, Notary Public
ARy %fD
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanoss and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
P1' 1NSUP�Z*1 INS&
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Renee C. Llewellyn, Assistant Secretary
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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 S19N gEI2NRt20tN0 } ss.
On -$uIt Iq,20Z2 , 20 22- before me, Mf ViR C-106M 3H12r.10S by jc(
Notary Public, personally appeared EYTAIII DRP-1Z1soN
who proved to me on the basis of satisfactory evidence to be the person(Kwhose name" isles
subscribed to the within instrument and acknowledged to me that he/s-hefthe'y'executed the same
in his/h6r-/ter authorized capacity , and that by his/Iyer*rCi signatures(-) on the instrument
the person( ,, or the entity upon behalf of which the person(. -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNE m hand and official seal.
Signat re
MARIA ELOISA BARRIOS AVItA
�= Notary Public - California
San Bernardino County
f_ Commission # 2386269 r
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
(seal)
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)
SGD Enterprises dba Four Seasons Landscaping Page A-3
CITY OF NEWPORT BEACH
BOND NO. 24254075
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
rate of $ 25.00
being at the
thousand of the Contract price.
14,701.00
WHEREAS, the City of Newport Beach, State of California, has awarded to SGD
Enterprises dba Four Seasons Landscaping hereinafter designated as the "Principal," a
contract for removing ice plants, trees, non-native vegetation, lawns, hardscape
improvements, and miscellaneous hardscape objects (e.g., stepping stones, pavers,
rocks) from the beach area located along the oceanfront side of Balboa Peninsula from
the end of the existing Ocean Front boardwalk near F Street to Channel Road 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 The Ohio Casualty 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 Eighty Eight Thousand Twenty Four Dollars and 00/100 ($588,024.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
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.
SGD Enterprises dba Four Seasons Landscaping 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 12th day of July '20 22 .
SGD Enterprises DBA Four Seasons Landscaping
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
17771 Cowan, Suite 100, Irvine, CA 92614
Address of Surety
714-784-5539
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7r ZZ
r o n rp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Connie Carpenter, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
SGD Enterprises dba Four Seasons Landscaping Page B-2
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 -s nee-le-s
On 7- 2_z - zz t 20 �� before me, �c"); �.( (�4 �
Notary Public, personally appeared C& 0��.
who proved to me on the basis of satisfactory e idence to be the person(s) whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that he/shemey executed the same
in his/herftheir authorized capacity(ies), and that by his/hef4t4qeir 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.
('1'.
DON.."My
GAVRIEL STARK
Notary Public - California
Los Angeles County
Commission A 2400505
Comm, Expires Apr 20, 2026
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 11pon 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)
SGD Enterprises dba Four Seasons Landscaping rage A-3
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 Fresno
County of )
On J aid 1 Ua--` before me, Pamela Severson, Notary Public
(insert name and title of the officer)
personally appeared Connie Carpenter
who proved to me on the basis of satisfactory evidence to be the personN whose nameN is/ke
subscribed to the within instrument and acknowledged to me that P1vJshe/tNy executed the same in
'Wher#teir authorized capacity(Ns and that by 1sJherlth�,ir signatureN on the instrument the
person( or the entity upon behalf of which the personN 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 m hand and official seal. >y PAMELASEV® E SON
y a NOTARY PUBLIC - CALIFORNIA
a � ® COMMISSION # 2281693
s �m FRESNO COUNTY
MY Comm. Exp. April 15, 2023
Signature ����� (Seal)
RE: D C1 16 F-VIA .
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty
Mutual.
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8208182-988470
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Connie
Carpenter, James DeBeau, Kimberly J. Ayala
all of the city of Fresno state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of June , 2022 .
Liberty Mutual Insurance Company
P� 1NSU? Po, ( INS& a \NSURq The Ohio Casualty Insurance Company
AJ o°aPOkq yC, 5J 11oaPokgr,' �GY, a, ORar ti� West American Insurance Company
1912 0 1919 LU 1991
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g�> * t �y1 * > �'M * �� By:
nnwiri RA r..— Accie4.nt Senrefnnr
`u State of PENNSYLVANIA
County of MONTGOMERY
On this 20th day of June , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
5p, PAST
Q�4 �,oNry F� Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
OF Montgomery County
My commission expires March 28, 2025 By:
P Commission number 1126044
Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full, true and cerrert copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
-V 1NSU� P�tV INSv -* 1NSU,�
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Renee C. Llewellyn, Assistant Secretary
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EXHIBIT C
INSURANCE REQUIREMENTS a 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 otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least One Million Dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers.. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per
occurrence, Two Million Dollars ($2,000,000) general aggregate and Two
Million Dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
SGD Enterprises dba Four Seasons Landscaping 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
SGD Enterprises dba Four Seasons Landscaping 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. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. 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
SGD Enterprises dba Four Seasons Landscaping Page C-3
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
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.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
SGD Enterprises dba Four Seasons Landscaping Page C-4
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
SGD Enterprises dba Four Seasons Landscaping Page C-5
City of Newport Beach
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor 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. 8814-1 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:
4/6/2022
Date
323-658-1047
Bidder's Telephone and Fax Numbers
662720 C27 C61/D49
Bidder's License No(s).
and Classification(s)
1000594916
DIR Registration Number
SGD Enterprises DBA Four Seasons Landscaping
Bidder
�� T�atiude� Vice President
Bidder's Authorized Signature and Title
14937 Delano St. Van Nuys, CA 91411
Bidder's Address
Bidder's email address: darrison@sgdent.com
PR-1
Vendor Name
SGD Enterprises
Address
14937 Delano Street
Van Nuys, Cal fornia 91411
United States
Respondee
Ethan Damson
Respondee Title
Vice President
Phone
818-922- 4046
Email
Barr scr eisgcentccn-
VendorType
License #
CADIR
Bid Format
Electronic
Submitted
041/07, 2022 950 AM (PDT)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
28692 ;-
File Title File Name File Type
Bid Submittal C-8814 1 SGD Enterprises DBA Four Seasons Bid Submittal C-8814-1 SGD Enterprises DBA Four Seasons General
La:ldscaping.pdf Landscaping pdf Atachment
Bid Bond ad' lid Dono.pcl Bid Bond
Sho�,wng 1 Subcontractor
Name & Address
Chris Nelson & Associates, Inc.
31238 Via Coiwas Ste H
Westlake Village, Caiifor!r;a 91362
Desc License Num CADIR Amount Type
Swveycr PLS6385 10007 59018 S1 A,000 00
Discount Terms No Disccuct
Item k
Item Code Type Item Description
UOM
QTY
Unit Price
Line Total
Response Comment
Section 1
$588,024.00
1
Mobilization
LS
1
S25,000.00
$25,000.00
Yes
2
Survey
LS
1
$14,000.00
$14,000.00
Yes
3
Runoff Control and Protection
LS
1
S10,000.00
S10,000.00
Yes
4
SWPPP
LS
1
S10,000.00
570,000.00
Yes
5
Tree Removals
EA
20
$4,000.00
S80,000.00
Yes
6
Non -Native Vegetative Species Removal
Acre
2.22
S70,000.00
5155,400.00
Yes
7
Non -Native Vegetative Species Removal
SF
1934
S32.00
$61,888.00
Yes
8
Miscellaneous Hardscape Removals
LS
1
$7,500.00
$7,500.00
Yes
9
Dirt and Soil Removals
CY
1791
S30.00
S53,730.00
Yes
10
Hardscape Removals at 1320 E. Oceanfront
LS
1
S7,500.00
$7,500.00
Yes
71
Hardscape Removals at 1322 E. Oceanfront
LS
T
S7,500.00
S7,500.00
Yes
12
Hardscape Removals at 1324 E. Oceanfront
LS
1
$7,500.00
$7,500.00
Yes
13
Hardscape Removals at 1400 E. Oceanfront
LS
1
S7,500.00
S7,500.00
Yes
14
Hardscape Removals at 1412 E. Oceanfront
LS
1
S7,500.00
S7,500.00
Yes
15
Hardscape Removals at 1514 E. Oceanfront
LS
1
$7,500.00
$7,500.00
Yes
16
Hardscape Removals at 1516 E. Oceanfront
LS
1
$7,500.00
$7,500.00
Yes
17
DELETEDITE
0
0
$0.00
$0.00
Yes
18
One Gallon Plants
EA
1554
$15.00
$23,310.00
Yes
19
Hydroseed
Acre
2.22
$20,000.00
$44,400.00
Yes
20
Post and Rope Fencing
Ft
3200
S5.00
$16,000.00
Yes
21
Jute Netting
SY
10646
$2.00
$21,296.00
Yes
22
120 Plant Establishment(Water and Weeding)
LS
1
S10,000.00
$10,000.00
Yes
23
As -Built Drawings
LS
1
S3,000.00
$3,000.00
Yes
Section Title
Section 1
Grand Total
Line Total
$588,024.00
$588,024.00
SP 1 OF 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
PENINSULA ENCROACHMENT REMOVAL PROJECT
Contract No. C-8814-1
DATE: March 16, 2022 BY:
TO: ALL PLANHOLDERS
� �rMI`
Public Works Director/City Engineer
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
SPECIAL PROVISIONS
9.3 PAYMENT.
Delete Item Nos. 10 through 16 and replace with the following:
"Item No. 10 — Hardscape Removals at 1320 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line and
setting markers at the rear property corners; removing concrete block wall, wall footing,
concrete patio, sprinkler system, trees, and any miscellaneous vegetative material
associated with these hardscape removals, and all other work items required to complete
the work in place. The approximate length of the area where hardscape encroachments
are to be removed, from the property line to the ocean facing side of the wall, is 7 feet.
Item No. 11 — Hardscape Removals at 1322 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
SP2OF3
equipment and incidentals; and providing submittals for surveying the property line and
setting markers at the rear property corners; removing concrete patio, sprinkler system,
trees, and any miscellaneous hardscape or vegetative material associated with these
hardscape removals, and all other work items required to complete the work in place. The
approximate length of the area where hardscape encroachments are to be removed, from
the property line to the ocean facing side of the wall, is 7 feet.
Item No. 12 — Hardscape Removals at 1324 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line and
setting markers at the rear property corners; removing concrete block wall, wall footing,
concrete patio, sprinkler system, trees, and any miscellaneous hardscape or vegetative
material associated with these hardscape removals, and all other work items required to
complete the work in place. The approximate length of the area where hardscape
encroachments to be removed, from the property line to the ocean facing side of the wall,
is 7 feet.
Item No. 13 — Hardscape Removals at 1400 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line and
setting markers at the rear property corners; removing concrete block wall, wall footing,
concrete patio, patio cover, trees, and any miscellaneous hardscape or vegetative
material associated with these hardscape removals, and all other work items required to
complete the work in place. The approximate length of the area where hardscape
encroachments are to be removed, from the property line to the ocean facing side of the
wall, is 5.5 feet. Awning is to be removed by owner prior to project start.
Item No. 14 — Hardscape Removals at 1412 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line and
setting markers at the rear property corners; removing concrete block wall, wall footing,
brick patio, concrete planters, wood deck furniture, trees, and any miscellaneous
hardscape or vegetative material associated with these hardscape removals, and all other
work items required to complete the work in place. The approximate length of the area
where hardscape encroachments are to be removed, from the property line to end of tile,
is 12 feet.
Item No. 15 — Hardscape Removals at 1514 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line and
SP3OF3
setting markers at the rear property corners; removing brick wall, wall footing, brick patio,
sprinkler system, and any miscellaneous hardscape or vegetative material associated with
these hardscape removals, and all other work items required to complete the work in
place. The approximate length of the area where hardscape encroachments are to be
removed, from the property line to the ocean facing side of the wall, is 7.5 feet.
Item No. 16 — Hardscape Removals at 1516 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line and
setting markers at the rear property corners; removing brick wall and wall footing, and
any miscellaneous hardscape, sprinkler system or vegetative material associated with
these hardscape removals; and all other work items required to complete the work in
place. The length of encroaching wall is approximately 7 feet."
300-1.1.1 Tree Removal.
Add to this section: "All palm trees located in the project area are to be removed".
300-1.2 Preservation of Property. Add to this section:
"During removals of hardscape encroachments, the Contractor will notify the Engineer if
live electrical wiring, active gas lines or functioning potable water lines are discovered.
Contractor shall discontinue work in these areas until notified by Engineer that these
utilities have been deactivated by others and that Contractor may complete his work."
Bidders must sign this Addendum No. 1 and attach it to the bid proposal.
Addendum No. 1 includes the Changes and clarifications, listed above, made to the
contract documents. 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.
S C�7 C A
Bidder's Name (Please Print)
04-1/o619.022 _
Date
/y 1 cD
Authorized Signature & Title
Pg. 1 of 9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SEW POR
T
O > V�
Y
c �P
FO R�
ADDENDUM NO. 2
PENINSULA ENCROCHMENT REMOVAL PROJECT
PROJECT NO. 22M14
DATE: March 29, 2022 BY:
Director/City Engineer
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
SPECIAL PROVISIONS
2-5.3 Submittals. Delete this section and replace with the following. (The wording
highlighted in red shows changes/additions from the previous version.)
"Contractor shall refer to Section 6.1 for submittals that are required within ten working
days of execution of the project contract.
Contractor shall prepare and submit the following.
a. Construction Staging and Beach Access Plan. Contractor shall prepare a Construction
Staging Plan and Beach Access Plan. This submittal does not require approval by a
registered engineer or architect. The plan shall include, at a minimum, a(n)-.
Site plan depicting the staging area(s), construction corridor(s), location of
construction fencing and temporary job trailers (if needed), and signage to maintain
safe public use around the construction site. Construction equipment and materials
shall not be stored outside approved staging or storage areas. Beach and habitat
(vegetated) areas are not to be used for staging or storage of equipment. The
staging areas will avoid impacts to public access to the beach, sensitive habitat
areas, landscaping and irrigation systems.
Access plan for construction equipment. See Drawing 5 for a concept access plan.
Contractor is only allowed a 25-foot haul route along the property line. Contractor is
allowed to use equipment outside the designated haul route for removals inside the
encroachment zone. Vehicle or equipment access onto other areas of beach is not
permitted.
Pg. 2 of 9
• Access plan for beach access by public. Construction of the project will not unduly
obstruct beach access. Non -slip metal plates shall be used where there is public
access.
• Layout for symbolic fencing consisting of posts and ropes delineating the sensitive
restoration areas to deter trampling of the newly restored areas.
• Plan showing travel paths for construction equipment.
• Pedestrian travel paths for safe beach access.
b. Encroachment Removal and Restoration Plan. Contractor shall provide plan to
Engineer for review and approval, providing a detailed outline of the schedule of tasks
for removing the vegetative and hardscape encroachments and installing the container
plants and hydroseed. The Plan shall detail the methods and types of equipment that
the Contractor will employ for performing removals and delineating perimeter of
cleared areas, stockpiling, chipping materials, haul -off of materials, beach grading,
installing seed and plants, installing rope fencing to protect restoration areas, and
watering vegetation. The Encroachment Removal and Restoration Plan shall include
and address the following.
1. All heavy equipment entering the beach area must use F Street for ingress and
egress. Provide method for protecting asphalt, curb and gutter and sidewalks from
damage. Engineer may allow staging of a dumpster near the street end.
2. Light equipment may access the beach area via the L Street street -end walkway as
long as that equipment, with load, does not damage the brick walkway or adjacent
landscaping. Contractor shall provide a flagman when equipment is traversing the
walkway. No equipment parking is allowed on the walkway, roadway or alley. The
Engineer may allow staging of a small dumpster near the L Street street -end.
3. Small trucks may access the beach area at the end of Channel Road (at the end of
Balboa Peninsula) as long as that equipment, with load, does not damage the 6-
inch thick concrete walkway. The walkway must be protected by plywood or steel
plates. Landscaping, including three Special Myoporum Trees, and irrigation
systems shall be protected. Contractor will be required to provide a safe, delineated
pathway for pedestrians when a Contractor truck is using the sidewalk. Contractor
shall provide a flagman when equipment is traversing the walkway. The Engineer
may allow staging of a dumpster, supported by steel plates, on the sand at the end
of the sidewalk that does not block pedestrian or emergency/maintenance vehicles.
Plywood may not be used on the sand. The Engineer may allow staging of a
dumpster on Channel Road near the street end.
4. The Plan shall show the construction equipment access route along the sand
adjacent to the property line (Drawing 5). The access route shall not infringe on
areas of native plants.
5. Temporary orange construction fencing shall be used to at key points and areas to
delineate pedestrian access lanes, construction equipment access routes, and
sensitive plant and bird areas. Note that the snowy plover area is already fenced
and no additional fencing is anticipated.
6. Specify equipment that will be used in the project area on the sand including the
method used to restoring the sand's natural contours. Plan shall specify the method
for removing dirt and vegetative material to minimize removal of clean beach sand.
7. Contractor equipment shall not push sand onto private property or create debris
clouds that settle on private property. Contractor may not enter private property
unless a right -of -entry agreement has been obtained from the property owner and
delivered to the Engineer.
Pg. 3 of 9
8. Removed vegetative material may be stockpiled for a maximum of 2 days and then
is required to be hauled off -site. Green waste chipping may be allowed in areas that
minimize noise nuisance.
9. Contractor will be provided an area in Parking Lot B for storage and staging. See
Section 7-8.4.2 Storage in Public Streets and Drawing 7.
10. The Plan shall call out an approved disposal site and the haul route that will be
used.
11. Existing and imported sand may only be stockpiled for 2 days unless permitted
otherwise by Engineer.
12. Specify method and vehicle assess route for watering seed and plants. Vehicle
access by light vehicles and equipment will be allowed just outside the newly
planted and seeded areas. Heavy vehicles are not allowed."
c. Stormwater Pollution Prevention Plan (SWPPP). Contractor shall prepare the SWPPP
per the requirements of the Construction General Permit Order 2009-0009-DWQ and
Section 7-8.6.3. Contractor shall contact Engineer who can provide information on the
SWPPP's project description and sampling point locations.
d. Schedule of Values. Contractor shall provide a Schedule of Values for Bid Items
identified by the Engineer."
2-6 WORK TO BE DONE.
Delete the 15 tasks listed in this section and insert the following-
1 . "Project preparation including submittals for City review.
2. Setting up staging area.
3. Furnishing and installing informational signage.
4. Delineating pedestrian and vehicle access routes on beach.
5. Delineating and fencing sensitive habitat areas around the project area. Note: fencing
for the snowy plover area is not a part of this project.
6. Implementing stormwater best management practices (BMPs) specified in the
SWPPP, over the extent of the project area, for the entire construction period.
7. Removing trees for off -site disposal.
8. Removing ice plant, sod, ornamental vegetation, and other non-native plants with off -
site disposal.
9. Selectively removing non-native plants intermixed with native plants.
10. Removing dirt, soil and other non -sand landscaping materials with off -site disposal.
11. Removing hardscape encroachments, at addresses identified in the California Coastal
Commission's Consent Orders, with off -site disposal at an approved facility.
12. Installing hydroseed in two batches prior to installing plants.
13. Installing biodegradable jute netting.
Pg. 4 of 9
14. Installing container plants
15. Installing post and rope fencing along the perimeter of the restoration areas.
Note that the installation of hydroseed proceeds the plant installation."
5.4 SALVAGED MATERIALS.
Add the following: "Assume the volume of salvaged material will not exceed 10 cubic
yards."
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete the last sentence in paragraph and add the following:
"The Notice to Proceed will state when construction activities will be allowed to
commence, which is expected to be September 6, 2022."
7-8.4 Storage of Equipment and Materials.
Delete the first paragraph and insert the following two paragraphs
"The City will allow the Contractor a 2,800 square -foot area in parking lot at the end of B
Street for storage of light- and medium-sized vehicles and equipment and materials
(Drawing 7, Attachment A). Contractor shall secure area with chain link fence with green
privacy screening. Contractor shall take photos of the pavement prior to move in and
submit photos to Engineer. The area shall be kept clean and tidy at all times with gates
secured when Contractor is not present. The area will be inspected by Engineer at the
end of the project and Contractor shall repair any damage prior to final payment.
Contractor may request Engineer permission regarding storage of heavy vehicles on site.
As allowed, Engineer will provide written permission and requirements."
7-8.5 Temporary Light, Power and Water.
Delete the first paragraph and insert the following paragraph.
"If Contractor elects to use City water, Contractor shall arrange for meter(s) and tender an
$813 meter deposit for each meter with the City. Upon return of the meter to the City, the
deposit will be returned to Contractor, less a quantity charge for water usage and repair
charges for damage to the meter."
7-10.4.1 Safety Orders.
Add the following: "Contractor shall immediately inform Engineer of any resident
requesting beach access through the construction area and get direction from Engineer."
7-10.7 Notices to Residents and Businesses.
Add the following to the first paragraph: "The notice will provide guidance regarding
resident beach access restrictions from the back of property adjoining the beach."
Pg. 5 of 9
9-3.1 General.
Item No. 4 includes removing erosion control measures at the completion of the project.
Add the following to Item No. 7: "Engineer will direct the City's Biological Monitor to assist
Contractor identifying the ornamental and invasive plants."
Item No. 17— Sand Replacement. This item is deleted.
Item No. 19 — Delete this item and insert the following:
"Item No. 19 — Hydroseed [Acre]: Work under this item shall include, but not be limited to,
furnishing all labor, materials, tools, equipment and incidentals; and providing submittals,
procurement, approvals, delivering, and storage; for picking -up seeds pre -purchased by
Engineer; mixing seed into two batches as specified in these Special Provisions,
broadcasting the first batch of hydroseed in areas delineated by Engineer and
broadcasting the second batch of hydroseed in adjoining areas delineated by Engineer
(see Section 800-1.3.1 Hydroseed Materials), the hydroseed including virgin wood
cellulose fiber and seed; providing preteGtiGR for plant material prier to applying the
hydroseed mixture as specified in these specifications; removing all protective material
and any overspray immediately following hydroseed application; and all other work items
required to complete the work in place. The hydroseed will be broadcast in the
"Encroachments" areas and "Iceplant (within Encroachment Zone)" areas shown in
Drawing Y'
Item No. 21 — Note: the title of this bid item in the proposal is changed to "Jute Netting"
and the quantity for this bid item has changed.
213-6 Jute Netting Roll - Erosion Control Matting Blanket.
Add the following to this section:
"Contractor shall not order any jute netting or auxiliary materials without Engineer's written
authorization."
300-1.1 General. Add the following to this section:
"All iceplant within the construction area shall be removed including dry brown or black
iceplant thatch.
Iceplant outside the Encroachment Zone shown in Drawing 3 shall not be removed.
Orange fencing not required for these areas.
Note that hardscape encroachments have already been removed at 1504, 1510 and 1520
E. Oceanfront."
300-1.3 Removal and Disposal of Materials. Delete this section and insert the following:
"Cleared and grubbed vegetative materials shall become Contractor's property.
Contractor may haul vegetative materials using its own trucks. Disposal shall be to an
Engineer -approved disposal sites. Contractor shall provide tickets to Engineer showing
legal disposal.
Pg. 6 of 9
Removal and disposal of solid waste material shall be done by City -approved Licensed
and Franchised Commercial Solid Waste Haulers. Hauling trucks shall be covered. A
current list of approved haulers can be provided upon request or be found on the City's
website at: http://newr)ortbeachca.gov/home/showdocument?id=1986
800-1.2.4 Organic Soil Amendment. Replace entire section with the following:
"Mycorrhizal Inoculum. Contractor shall use AM 120 Mycorrhizae inoculum or approved
equivalent. Inoculum is sold as loose granules or as liquid. In no case shall inoculum be
applied after the seed. Inoculum must be applied within one hour of addition to the mixing
tank.
Mycorrhizae shall not be stored in temperatures greater than 90OF and no less than 320F
or in direct sun. Mycorrhizae that have become wet, moldy, or otherwise damaged by
extreme temperatures shall be rejected.
Inoculant shall be ordered at least one month in advance of application to ensure
availability. Contractor shall coordinate with Engineer as to when the inoculum should be
ordered and delivered. This inoculum shall be less than 2 years old.
Compost. Contractor shall use Hydropost Premium Compost or approved equivalent.
Compost shall. -
Be derived from green material consisting of chipped, shredded or ground vegetation
or clean processed recycled wood products, or Class A exceptional quality biosolids
compost, or a combination of the two, as required by U.S. EPA, 40 CFR, part 503c
regulations.
2. Be processed to reduce non-native plant seeds and deleterious material; and shall not
contain paint, petroleum products, herbicides, fungicides or other chemical residues
that would be harmful to plants or animals.
3. Not contain other deleterious materials such as plastic, glass, metal, or rocks, defined
as not more than 0.1 percent by weight or volume.
4. Have a minimum maturity level of 7.0 as measured on a Slovita test kit. Compost shall
be screened through a minimum of 1/4-inch screen.
5. Have moisture content of 35 percent or less as determined by California Test 226.
(Compost products with a higher moisture content may be acceptable, provided the
weight of the compost is increased to equal compost with maximum moisture content
of 35 percent.)
6. Have a bacterial biomass of 300 micrograms/gram and a minimum fungal biomass of
450 micrograms/gram, with a minimum Fungal to Bacterial biomass ratio of 1.5:1, as
determined by microbial assessment.
Compost shall not be stored more than 5 days onsite. Onsite storage shall be in piles no
greater than 4 feet in height and shall be kept moist (35% moisture), but not be saturated.
Compost moisture levels shall be monitored daily while stored onsite and moisture levels
of outside and center of pile reported to Engineer for approval.
Organic Soil Conditioner. Contractor shall use Tri-C Soluble Humate or approved
equivalent."
Pg. 7 of 9
800-1.3 Seed. Delete this section and insert the following:
"The Engineer will pre -order and pay for the seed shown in Table 1. Contractor is
responsible for arranging seed delivery to site, installation and maintenance."
TABLE 1: Coastal strand seed mix for the 2.2-acre restoration.
Species
Common Name
Total Weight
[lbs.]
Abronia maritima
Red sand verbena
14.10
Ambrosia
chamissonis
Sand bur
15.10
Atriplex leucophylla
Beach saltbush
6.60
Cammisoniopsis
cheiranthifolia
Beach evening
primrose
22.20
Lupinus bicolor
Dove lupine
24.70
Heliotropium
curassavicum
Salt heliotrope
2.22
Distichlis spicata
Saltgrass
17.76"
Hydroseed Mixing and Application.
As directed by Engineer, the seven seed types will be mixed into two batches of varying
seed type proportions. The will be three areas for the first batch and three areas for the
second batch with the first batch successively alternating with the second batch. Each
batch will cover an area between 0.3 to 0.5 acres."
Add the following section:
"800-1.3.1 Hydroseed Materials.
Fiber Mulch.
Contractor shall use Conwed 1000 Wood Fiber Hydraulic Mulch, available from S&S
Seeds, or approved equivalent. The fiber mulch used to cover hydroseeded areas and
ensure proper erosion protection shall be produced from annually renewable and certified
weed -free wood -based mulch. No straw -based product shall be used. Mulch shall be free
from plastic material, growth inhibiting additives, or other non -biodegradable substances.
Fiber mulch shall be of such character that the fiber will disperse into a uniform slurry
when mixed with water.
Organic Soil Stabilizer/Tackifier.
Tackifier shall be a concentrated, biodegradable, and an organic derivative of plantago
seed, known as a psyllium, or other organic material. Tackifier shall be non -toxic to plant
and animal life, non -corrosive and non -crystalline, and be non -staining to concrete or
painted surfaces. Tackifier shall conform to Section 21-1.02F of the State of California
Department of Transportation Standard Specifications, such as "Ecology Control M-Binder
Tackifier", available commercially from S&S Seeds, or approved equivalent.
Pg. 8 of 9
Compost for Hydroseeding_
The 80/20 com post/verm icom post blend used in hydroseeding shall comply with
Section 800-1.2.4, Organic Soil Amendment. Methods and application rates for use
shall comply with Section 801."
800-1.4.1 General. Delete this section and insert the following:
"The Engineer will pre -order and pay for the 1-gallon plants shown in Table 2. Contractor
is responsible for arranging for plant inspection, delivery to site, installation and
maintenance.
Table 2: Coastal strand plant list for the 2.2-acre restoration. All plant stock is
Species
Common Name
Number of Plants
Ambrosia chamissonis
Sand bur
222
Atriplex leucophylla
Beach saltbush
222
Cammisoniopsis
cheiranthifolia
Beach evening
primrose
444
Heliotropium
curassavicum
Salt heliotrope
222
Distichlis spicata
Saltgrass
444"
gallon.
801-4.8 Seed Planting. Delete entire section and replace with the following two sections:
"801-4.8.1 General.
The success of the overall encroachment removal and restoration hinges on proper
implementation of this plan, including completion of Contractor responsibilities, proper site
preparation, timing of seeding, site protection, general seeding specifications,
substitutions, sources, and guarantees.
Contractor may subcontract with a licensed hydroseed installer (hereinafter referred to as
"Subcontractor") for hydroseed operations. Contractor shall see that Subcontractor applies
seeds per the requirements of these Special Provisions.
Planting areas will be hydroseeded after the container stock. Hydroseeding will not
proceed until directed in writing by the Engineer after hydroseed site preparation work has
been completed.
Seed shall be uniformly applied to those planting areas as specified in these Special
Provisions.
All weeds will be hand cleared by Contractor prior to hydroseeding. The ground will be
thoroughly wetted to a minimum of 4-inch depth prior to hydroseeding.
Contractor will coordinate installation of the container plant stock with hydroseed
Subcontractor to ensure that no damage occurs to the container plants during
hydroseeding of the site."
801-4.8.2 Seeding and Hydromulching Application.
The hydroseed slurry shall contain the native seed and the following materials in the
proportions indicated in Table 3. The ratio of total water to total M-binder tackifier shall be
as recommended by the manufacturer of the emulsion. The slurry shall be applied with
hydroseeding equipment within 60 minutes after the seed and mycorrhizae have been
added to the mixture. Any mixture containing tackifier or stabilizing emulsion shall not be
applied during rainy weather or when soil temperatures are below 40-degree F.
Table 3: Hydroseed sl
Material
Wood Fiber Mulch
.. ..
Compost
M-Binder/Tackifier
Organic Fertilizer
__ .........
Mycorrhizae Inoculum
Tri-C Soluble Humate
801-4.9.6 Perimeter Fencing. Delete this section and insert the following:
"The beach side perimeter of the hydroseeded and planted areas, shall be delineated
using a single strand post and rope fencing system or approved equal. Posts shall be
pressured treated wood with minimum diameter of 2.25 inches and shall be embedded
into the sand a minimum of 30 inches and extend above sand level by 42 inches. Posts
shall be installed with on -center spacing of 25 feet along the perimeter of the project area.
The rope shall be'/2-inch yellow or orange polyester rope and shall be securely affixed to
the post. The lowest point of the cable shall be no lower than 24 inches above the sand.
Contractor shall prepare 20 No. signs on foamcore, sized 12 inches by 8 inches, with
wording provided by Engineer. Each sign shall be affixed with two high -quality nylon zip -
ties."
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.
5
Bidder's Name (Please Print)
2
Date
Authorized Signature & Title
Pg. 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 3
PENINSULA ENCROCHMENT REMOVAL PROJECT
PROJECT NO. 22M14
DATE: March 31, 2022 BY:
Director/City Engineer
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the
Contract Documents — all other conditions shall remain the same.
SPECIAL PROVISIONS
800-1.2.4 Organic Soil Amendment. Replace entire section with the following:
Compost. — Delete this section. Compost will not be included in the hydroseed slurry.
800-1.3.1 Hydroseed Materials.
Organic Soil Stabilizer/Tackifier.
Delete this section. Tackifier will not be included in the hydroseed slurry.
Add the following:
"High -Performance Flexible Growth Medium (HPFGM).
HPFGM shall be a 100% biodegradable, composed of thermally refined wood fibers,
interlocking biodegradable fibers, mineral activators, and wetting agents, such as
Flexterra HPFGM or approved equivalent. The HPFGM must be phytosanitized, free
from plastic, require no curing period and upon application form an intimate bond with
the soil surface to create a continuous, porous, absorbent and flexible erosion resistant
blanket that allows for rapid germination."
Pg. 2 of 2
Fiber Mulch.
Delete this section. Mulch will not be included in the hydroseed slurry.
Compost for Hydroseeding.
Delete this section. Compost will not be included in hydroseed slurry.
801-4.8.2 Seeding and Hydromulching Application.
Delete this section and insert the following:
"The hydroseed slurry shall contain the native seed and the following materials in the
proportions indicated in Table 3. The slurry shall be applied with hydroseeding
equipment within 60 minutes after the seed and mycorrhizae have been added to the
mixture.
Table 3: Hvdroseed slurry materials.
Material
High -Performance
Flexible Growth Medium
Organic Fertilizer
Mycorrhizae Inoculum
Tri-C Soluble Humate
Quantity per Acre
_[Ibs_.�_________
3,500
-4 1
Bidders must sign this Addendum No. 3 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 3 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
36,0 b<,te -n s D 6 A 1I-r �r S� �aLa j s r
Bidder's Name (Please Print) J
Date
s.....__.__.__-
Authorized Signature & Title
Pg. 1 of 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 4
PENINSULA ENCROCHMENT REMOVAL PROJECT
PROJECT NO. 22M 14
DATE: April 1, 2022 BY: " /,.. wt,�/
e ty Director/City Engineer
TO: ALL PLANHOLDERS
Based on contractor questions, the following changes, additions, deletions, or
clarifications shall be made to the Contract Documents — all other conditions shall
remain the same.
Question 1: Are we required to have "Builder's Risk", "Umbrella or Excess Liability" or
"Pollution Liability" insurance coverages for this project? These items are lighter or are
`greyed' out on the provided Exhibit C "Insurance Requirements — Public Works and
Construction".
Answer.' No, you don't need these insurance coverages.
Question 2: Please provide the "Construction General Permit Order 2009-0009-DWQ"
in order for our QSD to prepare the SWPPP.
Answer: The Construction General Permit can be found on-line.
Question 3: Please confirm that the only work to be done with the "Southern Foredune
Scrub / Coastal Strand" areas is to protect with orange fencing.
Answer.' Please see Addendum No. 1, Page 2, Item b.5. The entire construction area is
not anticipated to be fenced. The fencing installation would be focused on critical areas
where there are any safety concerns and areas where sensitive habitat could be
inadvertently impacted by equipment. The Engineer will walk the project with the
contractor ahead of any construction to identify those areas.
Question 4: Per Section 2-9.3 "Private Engineers", "all existing monuments, if any, are
to be preserved". Were all property monument markers installed at some time?
Answer: Contractor shall only be concerned with preserving existing monuments.
Pg. 2 of 4
Question 5: Per Section 2-9.3 "Private Engineers", "contractor shall, prior to the
beginning of work, inspect the project for existing survey monuments". Please clarify the
meaning of "inspect", and to what degree of work shall be done in order to find them?
Answer: Under Per Section 2-9.3, the intent is that the Contractor shall walk the project
and see if any monuments are located on walls.
Question 6: Upon inspection prior to the beginning of work, what shall be done if it is
seen that property monuments are not existing?
Answer: Per Section 2-9.3, Contractor shall schedule a meeting with the Engineer to
walk the site to review the existing monuments.
Question 7: Will the water meter mentioned in Section 7-8.5 "Temporary Light, Power
and Water" be available as a `floating' meter?
Answer.' See Addendum No. 1, Section 7-8.4. Contractor will be charged for each
meter used. Because of concerns of unnecessary wear or damage for repeated
disconnecting a meter and then reinstalling the meter at a later date, the Contractor
may be assessed for that unnecessary wear or damage.
Question 8: Confirm the quantities stated for this bid will be exhausted and contractors
will be expected to install as stated on the bid documents. Based on the special
provision and drawings, items like fencing, jute netting, planting and seeding are not
shown and may exceed or not meet the stated bidding quantities.
Answer. As is standard practice, items will be paid based on actual measured quantities
and the bid item unit cost, per the provisions of the Greenbook.
Question 9: Shall irrigation timers, lighting timers, etc. attached to the outside of the
property seawall be removed?
Answer.' Removals of irrigation timers and other associated irrigation appurtenances
shall be covered under Bid Item 8. Removal of lighting timers and other associated
lighting appurtenances shall be covered under Bid Item 8.
Question 10: Shall irrigation valves located immediately outside and adjacent to the
property seawall be removed?
Answer.' Removal of irrigation valves and other associated irrigation appurtenances
shall be covered under Bid Item 8.
Question 11: Confirm all proposed seeding will be performed in a hydroseed slurry.
Answer.' Yes. Seeding will be performed in a hydroseed slurry, not by hand
broadcasting. Delete Bid Item No. 19 and insert the following:
"Item No. 19 — Hydroseed [Acre]: Work under this item shall include, but not be
limited to, furnishing all labor, materials, tools, equipment and incidentals; and
providing submittals, procurement, approvals, delivering, and storage; for picking -up
seeds pre -purchased by Engineer; mixing seed into two batches as specified in
these Special Provisions, breadsastipg applying the first batch of hydroseed slurry in
areas delineated by Engineer and breadGaStiRg applying the second batch of
Pg. 3 of 4
hydroseed slurry in adjoining areas delineated by Engineer (see Section 800-1 per
the Special Provisions and addenda), the hydroseed SI„rry iRGludi^g t"e �.irgin .^.00u
GellUlOSe fiber ansoot!• 11••'
v�rraTva�� crarrcr-�cccr
hydroseed; removing atl-p ,— any overspray immediately following
hydroseed application; and all other work items required to complete the work in
place. The hydroseed slurry will be applied breadGasf within the "Encroachments„
areas and "Iceplant (within Encroachment Zone)" areas shown in Drawing 3."
Question 12: At the addresses that have turf grass, does the City have information as
to the thickness of non -sand material to be removed and hauled?
Answer: The City has no information.
Question 13: Will we be permitted to stockpile dirt spoils and sand at F Street near Lot
1350?
Answer. The contractor will be allowed to propose staging and storage in limited areas
and of short duration on the beach near Lot 1350. The goal is to limit the noise, visual
and aesthetic impacts to the area.
Question 14: Will the City be able to provide an ALTA file, survey / monument files to
our land surveyor in order for them to do their work? If so, what types of files are
available?
Answer. Contractor's surveyor is responsible for obtaining monument and other survey
information as needed for the work.
Question 15: Will the City make sure the homeowners have all furniture, pots and
decorative features removed before our work at their location begins?
Answer., Contractor is responsible for all removals.
Question 16: What happens to the large granite boulders at Lot 1752?
Answer. Payment for this removal is covered under Bid Item No. 8.
Question 17: Will we be permitted to spray iceplant and bermuda grass with an
herbicide approved for aquatic use before removals take place?
Answer: Because of the proximity to so many house, herbicide applications have been
eliminated from this project. While exceptions may be granted per Section 800-1.6,
approval is unlikely.
Question 18: Please clarify the requirements for the hydroseed mixing and application.
Answer.' Under Section 800-1.3 Seed., Hydroseed Mixing and Application, delete the
paragraph and replace with:
"As directed by Engineer, the seven seed types will be mixed into two batches of
varying seed type proportions. There will be three areas fer applications of the first
batch and three applications areas fer of the second batch with a first batch
application successively alternating with a second batch application. The total of six
applications will cover the entire 2.2 acre project area. Each individual application
batch will cover an area between 0.3 to 0.5 acres."
Pg. 4 of 4
Bidders must sign this Addendum No. 4 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 4 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
3- f k gPs 1) EJIN -6vr err Sl'_.:1. _ ��� �._k-�SCu �.
Bidder's Name (Please Print) ?
�-llo6(2c
Date,
Authorized Signature & Title
SP 1 OF 33
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
PENINSULA ENCROACHMENT REMOVAL PROJECT
PROJECT NO. 22M14
CONTRACT NO. C-8814-1
Updated 3/29/22
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with (1)
these Special Provisions; (2) Drawings 1 through 7 found in Attachment A of these Special
Provisions; (3) the City's Desiqn Criteria and Standard Drawings for Public Works
Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction
(2015 Edition) including supplements. The City's Design Criteria and Standard Drawings
for Public Works Construction is 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
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard Specifications
for Public Works Construction as referenced and stated hereinafter:
PART 1 GENERAL PROVISIONS
SECTION 2---SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT.
Add the following to this section:
As sand erosion is a concern once the vegetative encroachments and iceplant are
removed, native dune plants and hydroseed shall be immediately installed. For areas of
special erosion concern, jute netting will be placed.
2-5 PLANS AND SPECIFICATIONS.
2.5.1 General. Add the following to this section:
"The drawings for this project are found in Attachment A of these Special Provisions and
included the following drawings:
SP2OF33
Drawing 1: Regional Map
Drawing 2: Vicinity Map
Drawing 3: Overview of Vegetation Removal Areas
Drawing 4 — Pages 1-13, Vegetation Details
Drawing 5: Vehicle Access Concept
Drawing 6: Western Snowy Plover Critical Habitat Area
Drawing 7: B Street Contractor Staging Area
The Peninsula Encroachment Removal and Restoration Project is located at the end of
the Balboa Peninsula. See Drawings 1 and 2 in Attachment A. This project will remove
iceplant, lawns, trees, non-native vegetation, hardscape improvements, and
miscellaneous hardscape objects (e.g., stepping stones, pavers, rocks) from an area of
beach located along the oceanfront side of Balboa Peninsula from the end of the existing
Ocean Front boardwalk near F Street to Channel Road (Drawing 3). Drawing 4, Pages 1
to 13, provides detailed information on the existing vegetative encroachments and
iceplant that will be removed."
2-5.3 Submittals. Add the following to this section:
"Contractor shall refer to Section 6.1 for submittals that are required within ten working
days of execution of the project contract.
Contractor shall prepare and submit the following.
a. Construction Staging and Beach Access Plan. Contractor shall prepare a Construction
Staging Plan and Beach Access Plan. This submittal does not require approval by a
registered engineer or architect. The plan shall include, at a minimum, a(n):
• Site plan depicting the staging area(s), construction corridor(s), location of
construction fencing and temporary job trailers (if needed), and signage to maintain
safe public use around the construction site. Construction equipment and materials
shall not be stored outside approved staging or storage areas. Beach and habitat
(vegetated) areas are not to be used for staging or storage of equipment. The
staging areas will avoid impacts to public access to the beach, sensitive habitat
areas, landscaping and irrigation systems.
• Access plan for construction equipment. See Drawing 5 for a concept access plan.
Contractor is only allowed a 25-foot haul route along the property line. Contractor is
allowed to use equipment for removals inside the encroachment zone that are
outside the designated haul route. Vehicle or equipment access onto other areas of
beach is not permitted.
• Access plan for beach access by public. Construction of the project will not unduly
obstruct beach access. Non -slip metal plates shall be used where there is public
access.
• Layout for symbolic fencing consisting of posts and ropes delineating the sensitive
restoration areas to deter trampling of the newly restored areas.
• Plan showing travel paths for construction equipment.
• Pedestrian travel paths for safe beach access.
SP3OF33
b. Encroachment Removal and Restoration Plan. Contractor shall provide plan to
Engineer for review and approval, providing a detailed outline of the schedule of tasks
for removing the vegetative and hardscape encroachments and installing the container
plants and hydroseed. The Plan shall detail the methods and types of equipment that
the Contractor will employ for performing removals, stockpiling, chipping materials,
haul -off of materials, beach grading, installing seed and plants and seed, installing
rope fencing to protect restoration areas, and watering vegetation. The Encroachment
Removal and Restoration Plan shall include and address the following.
1. All heavy equipment entering the beach area must use F Street for ingress and
egress. Provide method for protecting asphalt, curb and gutter and sidewalks from
damage. Engineer may allow staging of a dumpster near the street end.
2. Light equipment may access the beach area via the L Street street -end walkway as
long as that equipment, with load, does not damage the brick walkway or adjacent
landscaping. Contractor shall provide a flagman when equipment is traversing the
walkway. No equipment parking is allowed on the walkway, roadway or alley. The
Engineer may allow staging of a small dumpster near the L Street street -end.
3. Small trucks may access the beach area at the end of Channel Road (at the end of
Balboa Peninsula) as long as that equipment, with load, does not damage the 6-
inch thick concrete walkway. The walkway must be protected by plywood or steel
plates. Landscaping, including three Special Myoporum Trees, and irrigation
systems shall be protected. Contractor will be required to provide a safe,
delineated pathway for pedestrians when a Contractor truck is using the sidewalk.
Contractor shall provide a flagman when equipment is traversing the walkway. The
Engineer may allow staging of a dumpster, supported by steel plates, on the sand
at the end of the sidewalk that does not block pedestrian or
emergency/maintenance vehicles. Plywood may not be used on the sand. The
Engineer may allow staging of a dumpster on Channel Road near the street end.
4. The Plan shall show the construction equipment access route along the sand
adjacent to the property lineen^reochment rerneval are (Drawing 5). The access
IVUJ
route shall not infringe on areas of native plants.
5. Temporary orange construction fencing shall be used to at key points and areas to
delineate pedestrian access lanes, construction equipment access routes, and
sensitive plant and bird areas. Note that the snowy plover area is already fenced
and no additional fencing is anticipated.
6. Specify equipment that will be used in the project area on the sand including the
method used to restoring the sand's natural contours. Plan shall specify the
method for removing dirt and vegetative material to minimize removal of clean
beach sand.
7. Contractor equipment shall not push sand onto private property or create debris
clouds that settle on private property. Contractor may not enter private property
unless a right -of -entry agreement has been obtained from the property owner and
delivered to the Engineer.
8. Removed vegetative PlaRt material may anl�,be stockpiled for a maximum of 2
days and then is required to be hauled off -site. Green waste chipping may be
allowed in areas that minimize noise nuisance.
9. Contractor will be provided an area in Parking Lot B for storage and staging. See
Section 7-8.4.2 Storage in Public Streets and Drawing 7.
SP 4 OF 33
10.The Plan shall call out an approved disposal site and the haul route that will be
used.
11. Existing and imported sand may only be stockpiled for 2 days unless permitted
otherwise by Engineer.
4-0.12. Specify method and vehicle assess route for watering seed and plants
Vehicle access is allowed outside the 25-foot haul route. Heavy vehicles are not
allowed.
c. Stormwater Pollution Prevention Plan (SWPPP). Contractor shall prepare the SWPPP
per the requirements of the Construction General Permit Order 2009-0009-DWQ and
Section 7-8.6.3. Contractor shall contact Engineer who can provide information on the
SWPPP's project description and sampling point locations.
d. Schedule of Values. Contractor shall provide a Schedule of Values for Bid Items
identified by the Engineer.
2-6 WORK TO BE DONE. Add to this section:
The project entails work directly adjacent to a popular beach area. Contractor shall
phase and execute the work in a manner to limit inconvenience to the public.
The work is in a public open space area. Contractor shall perform the work in a manner
that ensures public's safety. With Engineer's prior approval, Contractor will be able to
limit public access within the limits of work. Contractor shall allow safe access to open
space areas directly adjacent to the project area.
City will pre -purchase native seed and one -gallon plants to be installed by Contractor.
Contractor is responsible for transporting plant and seed materials to the site.
Note that sensitive resources, such as nesting birds or protected plants or wildlife, may
be encountered during construction. The City's Biological Monitor will assist Contractor
in identifying sensitive biological resources in and adjacent to the project area. In the
event that a potential item of concern is discovered, Contractor shall immediately cease
operations in that area and notify Engineer in accordance with Section 6-3.2 of the
Standard Specifications."
2-9 SURVEYING.
2-9.2 Survey Services. Replace entire section with the following: "Contractor is
responsible for providing all staking and surveying needed identified in the Bid Items.
Stakes and markers shall be provided as necessary to control the work and assure
construction is in conformance with the Contract Documents and as otherwise directed
by the Engineer. Contractor shall anticipate the site conditions (e.g., potential vandalism)
when developing its approach for maintaining construction staking.
Contractor's instruments and other survey equipment shall be accurate, suitable for the
surveys required in accordance with recognized professional standards, and in proper
SP5OF33
condition and adjustment at all times. Surveys shall be performed under the direct
supervision of a surveyor licensed in the State of California."
2-9.3 Private Engineers. Add to this section: "Contractor's California Licensed Land
Surveyor shall utilize/follow the existing City survey records used for the project design
to provide construction survey services that are required to construct the improvements.
All existing monuments, if any, are to be preserved. Contractor shall, prior to the
beginning of work, inspect the project for existing survey monuments and then schedule
a meeting with Engineer to walk the project to review the survey monuments. 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.
Contractor's Licensed Surveyor shall file the required Record of Survey or Corner
Records with the County of Orange upon monument restoration."
3-3 EXTRA WORK.
3-3.2.3 Markup. Replace this section with:
"(a) Work by Contractor. The following percentages shall be added to
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, one
percent shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed
by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to
Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent
on work added in excess of $5,000 of the subcontracted portion of the extra work
may be added by Contractor."
SECTION 4---CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.4 Inspection and Testing. All material and articles furnished by Contractor shall
be subject to rigid inspection, and no material or article shall be used in the work until it
has been inspected and accepted by the Engineer. Contractor shall furnish Engineer
full information as to the progress of the work in its various parts and shall give the
SP6OF33
Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection.
Submittals are required for all construction material.
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
Contractor executed the work, such tests and inspections shall be paid for by
Contractor.
SECTION 5---UTILITIES
5-1 LOCATION. Add the following after the V paragraph: "upon completion of the work or
phase of work, Contractor shall remove all utility markings."
5-2 PROTECTION. Add the following:
"In the event that an existing pull or meter box or cover is damaged by the Work and is not
re -useable, Contractor shall provide and install a new pull or meter box or cover of
identical type and size at no additional cost to City."
5.4 SALVAGED MATERIALS. Add: "Salvage material identified in the site walk with
Engineer shall be delivered to the City's Utility Yard at 949 West 16th Street. Assume the
volume of salvaged material will not exceed 10 cubic yards The Contractor shall make
arrangements for the delivery of salvaged materials by contacting Mr. Chris Auger,
Operations Support Superintendent, at (949) 644-3019."
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section:
"Once the project contract is executed, Contractor shall have 10 working days to provide
to the Engineer the following submittals:
1. Construction Staging and Beach Access Plan.
2. Encroachment Removal and Restoration Plan.
3. Stormwater Pollution Prevention Plan.
4. Schedule of Values.
Any time taken beyond 10 working days by Contractor for submitting these plans to the
Engineers may be deducted from the allowed working days.
The time of completion as specified in Section 6-7, shall commence on the date of the
Notice to Proceed.
In addition to the approved submittals, no work shall begin until a Notice to Proceed has
been issued, a pre -construction meeting has been conducted, all early required submittals
have been approved, and a schedule of work has been approved by the Engineer.
SP7OF33
Pending timely receipt of all required early Contractor submittals, City intends to issue the
Notice to Proceed by July 15, 2022 so that Contractor may prepare submittals. The Notice
to Proceed will state when construction activities will be allowed to commence, which is
expected to be September 6, 20202.
Contractor shall submit a construction schedule to the Engineer for approval a minimum
of ten working days prior to commencing any work. Schedule may be bar chart or CPM
style.
Engineer will review the schedule and may require Contractor to modify the schedule to
conform to the requirements of the Contract Documents. If work falls behind the approved
schedule, Contractor shall be prohibited from starting additional work until Contractor has
exerted extra effort to meet the original schedule and has demonstrated that the ability to
maintain the approved schedule in the future. Such stoppages of work shall in no way relieve
the Contractor from the overall time of completion requirement, it does not allow the
Contractor a claim against the City for delay, nor shall it be construed as the basis for
payment of extra work because additional personnel and equipment were required on the
job.
On -site Education. Engineer will conduct an education program for all Contractor staff prior
to performing any work. The program will consist of a presentation from a qualified biologist
on the site's biological resources, requirements for identifying and protecting these
resources. Requirements for protecting snowy plover habitat will be reviewed."
6-7 TIME OF COMPLETION.
6-7.1 General. Add to this section: "Contractor shall have 90 consecutive working days
to complete construction tasks starting in Fall 2022 after the date of the Notice to
Proceed for the main construction tasks. The Plant Maintenance and Establishment
period is 120 consecutive calendar days, which includes erosion control maintenance
activities, and shall commence after Engineer has determined the work completed and
accepted.
Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant Contractor an extension of
time for 100 percent completion of work."
6-7.2 Working Days. Replace subsection 6-7.2 with the following: "any City holiday,
defined as January 1, the third Monday in January (Martin Luther King Day), the third
Monday in February (President's Day), the last Monday in May (Memorial Day), July 4,
the first Monday in September (Labor Day), November 11 (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 24
(Christmas Eve — half day), December 25 (Christmas) through January 1. If January 1,
July 4, November 11 or December 25 falls on a Sunday, the following Monday is a
holiday."
6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:00 p.m.,
Monday through Friday.
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Should Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from Engineer. The request may be for Saturday from 8:00
a.m. to 6:00 p.m. A request for working during any of these hours must be made at least
72 hours in advance of the desired time period. A separate request must be made for
each work shift. Engineer reserves the right to deny any or all such requests.
Additionally, Contractor shall pay for supplemental inspection costs of $123.00 per hour
when such time periods are approved.
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. All trucks, contractor's staff and subcontractors shall remain in the B Street
Parking lot until 7:00 am.
6-9 LIQUIDATED DAMAGES. Revise sentence three to read
"For each consecutive calendar day work is not completed by the milestone dates
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 one thousand dollars and
no/100 ($1,000.00)."
Revise paragraph two, sentence one, to read
"Execution of the Contract shall constitute agreement by the Agency and Contractor that
one thousand dollars and no/100 ($1,000.00) per day is the minimum value of the costs
and actual damage caused by the failure of the Contractor to complete the Work within
the allotted time.
The intent of this section is to emphasize to Contractor the importance of prosecuting the
work in an orderly pre -planned continuous sequence so as to minimize inconvenience to
residences, businesses, vehicular and pedestrian traffic, and the public as a result of
construction operations."
7-5 PERMITS. Contractor shall abide by the requirements of the State Water Board
Construction General Permit (2012-0006-DWQ).
https://www.waterboards.ca.gov/water issues/programs/stormwater/constperm its. htmI
The City will provide Contractor a copy of California Coastal Commission (CCC) project
approval along with any CCC project conditions and this document shall be on -site
during any construction activities.
City is obtaining temporary access agreements from each property owner. Contractor
shall obtain permission from Engineers before accessing each private property to
perform removals.
7-7 COOPERATION AND COLLATERAL WORK.
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Add the following:
"7-7.2 Protection of Site Biological Resources.
Sensitive plant and animal species are present and shall be protected as specified
herein. The City's Biological Monitor will assist Contractor in spotting and delineating the
foredune habitat and other biological resources.
The western snowy plover is a small shorebird listed as federally threatened and a State
of California species of special concern. A 25-acre unit of critical habitat for the western
snowy plover is immediately adjacent to the encroachment areas, generally bounded by
A Street and G Street. See Drawing 6, Attachment A.
Nesting occurs on coastal sandpits, dune -backed beaches, beaches at creek mouths,
and lagoons, and saltpans and lagoons and estuaries. Plover nests are simple
depressions in the sand and may be next to kelp, shells, driftwood and rocks.
This species in known to return to the same beaches every year after nesting elsewhere
and has been observed to use the Balboa Peninsula primarily as wintering habitat rather
than nesting.
The breeding season for this species is March 1 through September 30, predominantly in
May. The nonbreeding season, or "wintering" period, occurs from September through
February. On -site surveys show that the majority of the snowy plovers were observed
during the wintering season. Plover numbers were low or absent between mid -March to
mid -July."
7-8.2 Air Pollution Control
Add the following: "On windy days, Contractor shall adjust work accordingly so that wind
does not blow sand into residents' yards. For areas cleared by Contractor, Contractor
shall take steps, to the satisfaction of Engineer, to eliminate sand from being wind blown
into residents' yards, including, but not limited to, wetting down sand or installing jute
netting."
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials. Add to this section:
"The City will allow the Contractor a 2,800 square -foot area in parking lot at the end of B
Street for storage of light- and medium-sized vehicles and equipment and materials
(Drawing 7, Attachment A). Contractor shall secure area with chain link fence with green
privacy screening. Contractor shall take photos of the pavement prior to move in and
submit photos to Engineer. The area shall be kept clean and tidy at all times with gates
secured when Contractor is not present. The area will be inspected by Engineer at the
end of the project and Contractor shall repair any damage prior to final payment.
Contractor may request Engineer permission regarding storage of heavy vehicles on site
As allowed, Engineer will provide written permission and requirements
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Trucks and equipment may be staged at the B Street Parking lot beginning at 6:30 am.
Each parked truck shall turn off its engine. No unnecessary noise is allowed. Trucks and
equipment are not allowed to proceed to the project area from the staging area until 7:00
am on weekdays. Any weekend work requires Engineers approval.
As parking is limited near the project area, Contractor personnel shall park in the B
Street parking lot. Engineer will provide up to four permits to allow Contractor to park
personal vehicles near the project area."
7-8.4.2 Storage in Public Streets. Add to this section:
"If Contractor submits a request, Engineer may permit short-term storage of equipment
or material at the F Street street -end if there is a special need for not returning
equipment or material to the B Street staging area at the end of each day."
7-8.5 Temporary Light, Power and Water. Add to this section
"If Contractor elects to use City water, Contractor shall arrange for a -meters and tender
an $813 meter deposit for each meter with the City. Upon return of the meter to the City,
the deposit will be returned to Contractor, less a quantity charge for water usage and
repair charges for damage to the meter.
Water used during construction and plant/hydroseed irrigation shall be paid for by
Contractor."
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs). Add to this section:
"Once removals begin, Contractor shall be immediately ready to install erosion control
BMPs to stabilize the work area throughout construction, particularly during strong wind
events."
7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Add to this section
"Contractor shall prepare and submit a SWPPP to the Engineer, within 10 working days of
the execution of the project contract, for review and approval. The site -specific SWPPP
shall be prepared by a Qualified SWPPP Developer (QSD) as defined by the Construction
General Permit and submitted to the Engineer for review and approval. The SWPPP shall
include the information needed to demonstrate compliance with all the requirements of the
Construction General Permit.
The SWPPP shall be developed and updated using Section 2 and Appendix B of the
California Stormwater Quality Association (CASQA) Stormwater Best Management
Practice Handbook Web Portal for Construction. The CASQA Construction BMP Web
Portal can be accessed at the following link:
https://www.casga.orq/LeftNavigation/BMPHandbooksPorta1/tabid/200/DefauIt.aspx
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Contractor shall amend the SWPPP as needed during the course of work to reflect actual
construction progress and construction practices. Contractor shall designate a Qualified
SWPPP Practitioner (QSP), as defined in the Construction General Permit, who will be
responsible for compliance with Construction General Permit requirements on the project
at all times.
By submitting a bid, Contractor acknowledges that he has read and understands the
requirements of the Construction General Permit.
Contractor shall be responsible providing all reports required by the Construction General
Permit (monitoring, inspection, Rain Event Action Plans, annual reports, etc.) to the
Engineer for review. Time sensitive reports involving monitoring data shall be provided as
soon as the information is available. All other reports shall be provided to the Engineer a
minimum of two weeks prior to their deadline for submittal to the State Water Board.
Full compensation for conforming to the requirements of Construction General Permit
shall include, but not limited to, the following:
• Develop a SWPPP to conform to a Risk Level 2 and Contractor's actual
construction practices.
• Administer, implement, maintain, and ensure adequate functioning of the various
water quality control measures identified within the SWPPP during construction
including all Numeric Action Level and Numeric Effluent Limitation sampling,
monitoring and reporting requirements statutorily required for the project site.
These tasks must be performed by a QSP.
• Provide and maintain all documentation at the jobsite and administration for the
entire Contract period.
• Perform all work required for compliance with the requirements of the Construction
General Permit including preparation of all Rain Event Action Plans and
construction of effective treatment control BMPs.
• Provide all labor, tools, equipment, and materials for any additional BMPs which
may be required to comply with the requirements of the Construction General
Permit.
Failure of Contractor to implement and maintain the approved BMPs will result in
immediate cleanup by City and back -charging Contractor for all costs plus 15 percent
Contractor may also receive a separate Administrative Citation per Section
14.36.030A2,3 of the City's Municipal Code."
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Add the following section:
"7-9.1 Biological Resources Protection.
The project site and adjacent areas contain sensitive habitat areas for protected plants
and wildlife. Contractor shall comply with all permit requirements for protection of site
biological resources per Section 7-7.2.
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As directed by the Engineer, the City's Biological Monitor will conduct an environmental
training with Contractor staff for monitoring and protecting sensitive biological resources
during construction. As directed, the Biological Monitor will also perform ongoing training
with Contractor during the course of the removals as the vegetative components vary
among the encroachment areas and provide direction and monitoring during the native
plant establishment and maintenance period. Contractor shall cooperate with City's
Biological Monitor throughout construction and provide adequate notification to the
Engineer to allow sufficient time for required monitoring activities.
As directed by the Engineer, the Biological Monitor will perform pre -construction surveys
and periodic survey during the duration of construction to monitor for nesting birds and
sensitive environmental resources. Construction activities and schedule may need to be
modified to protect discovered sensitive environmental resources.
At a minimum, Contractor shall comply with the following measures for protection of
biological resources:
a) Contractor shall clean all equipment, tools, gear, and clothing prior to start of work to
avoid introduction of invasive species to work areas.
b) Trash and waste material shall be properly disposed of in trash receptacles that
prevent the access or trapping of native animals. These containers shall be available
and used at all times.
c) Trash shall be removed from the site daily.
d) All equipment such as buckets, and open holes, trenches or items that may potentially
trap sensitive animals shall be covered by the end of each workday. (If this is not
possible, one or more escape ramps constructed of earth fill or wooden planks will be
established in the hole.)
e) Thoroughly inspect all holes or trenches for animals before filling. If at any time wildlife
(e.g., small mammals, reptiles) is discovered trapped in a trench or pit, halt work
associated with the particular hole or trench and notify Engineer immediately.
f) Storage of any pipes measuring four inches or greater in diameter at the site will be
avoided, or the ends of any such pipes will be sealed with tape as they are brought to
the site.
g) No cats or dogs or firearms (except for federal, state, or local law enforcement officers
or security personnel) shall be permitted onsite to avoid harassment, killing, or injuring
of protected wildlife.
h) Erosion control fabric with plastic netting may not be used.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.4 Safety.
7-10.4.1 Safety Orders. Add to this section:
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"Contractor shall be solely and completely responsible for conditions of the job -site,
including safety of all persons and property during performance of the work, and
Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and
orders relating to the safety of the public and workers.
Contractor shall immediately inform Engineer of any resident requesting beach access
through the construction area and get direction from Engineer.
The right of Engineer or the City's Representative to conduct construction review or
observation of Contractor's performance shall not include review or observation of the
adequacy of Contractor's safety measures in, on, or near the construction site."
7-10.7 Notices to Residents and Businesses. Add to this section:
"Ten working days prior to starting work, Contractor shall deliver a written construction
notice to residents within 500 feet of the project, describing the project and indicating the
limits of construction. Engineer will provide the notice to Contractor. The notice will
provide guidance regarding resident beach access restrictions from the back of property
adjoining the beach.
Notices will be prepared by Engineer. Contractor shall insert the applicable dates and
times at the time the notices are distributed. Contractor shall distribute notices. 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 Engineer."
7-15 CONTRACTOR'S LICENSES. Add to this section
"At the time of the award and until completion of work, Contractor shall possess a
Landscaping Contractor's "Class C-27" License. If herbicide treatment is allowed,
Contractor or one of the Contractor's subcontractors shall possess a Pest Control Advisor
license for herbicide treatment of invasive non-native species. At the start of work and
until completion of work, Contractor and all its subcontractors shall possess a Business
License issued by City of Newport Beach. Contractor shall have experience in performing
all the components of this project.
CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved
construction documents shall be on the job site at all times. In addition, Contractor shall
maintain "Record" 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
Engineer at the time each progress bill is submitted. As -Built drawings shall be submitted
and approved by Engineer prior to final payment or release of any bonds.
Contractor shall maintain books, records, and documents in accordance 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."
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9-3 PAYMENT.
9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each
item of work shown on the proposal shall include full compensation for furnishing the
labor, materials, tools, and equipment and doing all the work, including restoring all
existing improvements, to complete the item of work in place and no other compensation
will be allowed thereafter. Payment for incidental items of work not separately listed shall
be included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 - Mobilization / Demobilization [Lump Sum]: Work under this item shall include,
but not limited to, providing bonds, insurance, submittals, and financing; establishing a
field office (if needed); temporary installation and maintenance of restroom facilities;
installing construction signage; preparing Construction Staging and Beach Access Plans
and Encroachment Removal and Restoration Plan; preparing and updating construction
schedules; preparing and installing project informational signage using signage design
and wording provided by Engineer; preparing the construction and material delivery
schedule; coordinating with other agencies and utilities; notifying businesses and
residents; attending all coordination meetings; keeping photographic and video records of
project site; delineating pedestrian access routes to the beach; delineating truck access
routes; delineating areas requiring protection of native plants and wildlife throughout
construction; walking the project with Engineer to identify encroachment materials to be
salvaged; demobilization including removal of all fencing, flagging and other beach
delineators as directed by Engineer; and all other related work as required by the Contract
Documents.
Item No. 2 - Construction Survey [Lump Sum]: Work under this item shall include, but not
limited to, establishing the location property lines and providing survey services in
accordance with Section 2-9.
Item No. 3 — Runoff Control and Protection [Lump Sum]: Work under this item shall
include, but not be limited to, furnishing all labor, materials, tools, equipment and
incidentals; and providing submittals; for controlling over irrigation or overspray,
washdown activities, and implementing other water quality protection measures
throughout construction.
Item No. 4 - Stormwater Pollution Prevention Plan (SWPPP) and Compliance [Lump
Sum]: Work under this item shall include, but not limited to, preparing a site -specific
SWPPP by a QSD within two weeks of the Notice to Proceed; providing submittals; and
furnishing all labor, materials, tools, equipment and incidentals needed for implementing
the SWPPP and installing all erosion control measures including but not limited to erosion
control fabric with fastening pins, straw wattles, silt fencing, and other appropriate BMPs ,
and/or required by the approved SWPPP; maintaining all erosion control measures
throughout the duration of the project; performing inspections, sampling, and reporting
during construction to meet requirements of the project's NPDES Construction General
Permit; removing erosion control measures at the completion of the project and all other
work items required to complete this task.
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Item No. 5 — Tree Removals [Each]: Work under this item shall include, but not be limited
to, furnishing all labor, materials, tools, equipment and incidentals; paying disposal costs;
and providing submittals; for removing trees with diameters greater than 6 inches, and
root grinding per requirements of Section 300-1.1 with the finished condition returned to
sandy beach. Tree trunks, branches and leaves shall be hauled off site.
Item No. 6 — Non-native Vegetative Species Removal [Acres]: Work under this item shall
include, but not be limited to, furnishing all labor, materials, tools, and equipment and
incidentals; and providing submittals; for removing ornamental vegetation, small diameter
trees (less than 6 inches) and shrubs, sod, iceplant, and other non-native plants for haul -
off; and all other work items required to complete the work in place.
Item No. 7 — Non-native Vegetative Species Removal [SF]: Work under this item shall
include, but not be limited to, furnishing all labor, materials, tools, and equipment and
incidentals for hand -pulling and careful removal of ornamental and invasive plants that are
intermixed with native plants with removal off site to an approved green waste facility, and
all other work items required to complete the work in place. This Bid Item requires
avoidance of disturbance to adjacent native vegetation. Engineer will direct the City's
Biological Monitor to assist Contractor identifying the ornamental and invasive plants.
Item No. 8 — Miscellaneous Hardscape Removals [Lump Sum]: Work under this item shall
include, but not be limited to, furnishing all labor, materials, tools, equipment and
incidentals; paying disposal costs; and providing submittals; for removing: lining and
borders associated with the lawns, pavers, bricks, planter boxes, stepping stones, rocks,
landscape header boards, wood sculptures, concrete slabs, walls, and other fixed
structures. Task includes returning the area to a naturally contoured sandy beach. Private
irrigation lines shall be capped at the private property limit with visible components
removed and permanently buried components capped and abandoned underground.
Note: this bid item does not include hardscape removal tasks listed under other bid items.
Item No. 9 — Dirt and Soil Removal [CY]: Work under this item shall include, but not be
limited to, furnishing all labor, materials, tools, equipment and incidentals; paying disposal
costs; and providing submittals; to remove dirt, soil, soil amendments, and other non -sand
soils with the finished condition returned to naturally contoured sandy beach, and all other
work items required to complete the work in place. Disposal of non -sand materials shall
be off -site as approved by Engineer.
Item No. 10 — Hardscape Removals at 1320 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line;
removing concrete block wall, wall footing, concrete patio, sprinkler system, trees, and
any miscellaneous vegetative material associated with these hardscape removals, and all
other work items required to complete the work in place.
Item No. 11 — Hardscape Removals at 1322 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
SP16OF33
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line;
removing concrete patio, sprinkler system, trees, and any miscellaneous hardscape or
vegetative material associated with these hardscape removals, and all other work items
required to complete the work in place.
Item No. 12 — Hardscape Removals at 1324 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line;
removing concrete block wall, wall footing, concrete patio, sprinkler system, trees, and
any miscellaneous hardscape or vegetative material associated with these hardscape
removals, and all other work items required to complete the work in place.
Item No. 13 — Hardscape Removals at 1400 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line;
removing concrete block wall, wall footing, concrete patio, patio cover, trees, and any
miscellaneous hardscape or vegetative material associated with these hardscape
removals, and all other work items required to complete the work in place.
Item No. 14 — Hardscape Removals at 1412 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line;
removing concrete block wall, wall footing, brick patio, concrete planters, wood deck
furniture, trees, and any miscellaneous hardscape or vegetative material associated with
these hardscape removals, and all other work items required to complete the work in
place.
Item No. 15 — Hardscape Removals at 1514 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line;
removing brick wall, wall footing, brick patio, sprinkler system, and any miscellaneous
hardscape or vegetative material associated with these hardscape removals, and all other
work items required to complete the work in place.
Item No. 16 — Hardscape Removals at 1516 East Oceanfront [Lump Sum]: Once
Contractor receives a right -of -entry agreement from Engineer to perform work at this
address, work under this item shall include, but not be limited to, notifying the property
owner of when the work will be performed, furnishing all labor, materials, tools, and
equipment and incidentals; and providing submittals for surveying the property line;
SP 17 OF 33
removing brick wall, wall footing, brick patio, sprinkler system, and any miscellaneous
hardscape or vegetative material associated with these hardscape removals, and all other
work items required to complete the work in place.
Item No. 17 — Not Used, Sand ReplaG8rnent [GY]: 4erk urIder this item shall 'RG!��agrade sand ef the same GGIE)r and texture as the eX StiRg sand tG fill areas iR area-&
diFeGted by the ERgiReeF where dirt eF sed has been removed, PlaGeMent and gFadiRg 9
material te FA.;;tr_-.h existing beaGh GGRWHrs, and all ether work items required te Gomplete
the work R pfaG8.
Item No. 18 — One Gallon Plants [Each]: Work under this item shall include, but not be
limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, and storage; for picking up plant material pre -
purchased by Engineer ; installing plant materials following hydroseeding at areas
identified by Engineer and as specified in these construction documents including
spotting; excavating plant pits; providing and installing backfill; forming water basin;
providing photographic submittals and all other work items required to complete this task.
Item No. 19 — Hydroseed [Acre]: Work under this item shall include, but not be limited to,
furnishing all labor, materials, tools, equipment and incidentals; and providing submittals,
procurement, approvals, delivering, and storage; for picking -up seeds pre -purchased by
Engineer; mixing seed into two batches as specified in these Special Provisions,
broadcasting the first batch of hydroseed in a hydroseed slurry in areas delineated by
Engineer and broadcasting the second batch of hydroseed in a hydroseed slurry in
adjoining areas delineated by Engineer (see Section 800-1.3.1 Hydroseed Materials), the
hydroseed including virgin wood cellulose fiber and seed;
material pFier te applying the hydroseed mixture as specified in these specifications;
removing all protective material and any overspray immediately following hydroseed
application; and all other work items required to complete the work in place. The
hydroseed will be broadcast in the "Encroachments" areas and "Iceplant (within
Encroachment Zone)" areas shown in Drawing 3.
Item No. 20 — Post and Rope Fencing [LF]: Work under this item shall include, but not be
limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals; to install a single -strand post and rope fencing system, with yellow or orange
bright polyester rope, or approved equal, at locations described in Section 801-4.9.6
Perimeter Fencing, and all other work items required to complete the work in place.
Item No. 21 — Jute Netting [Square Yards]: Work under this item shall include, but not be
limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procurement, approvals, delivering, and storage; for installing
photodegradable and biodegradable natural fiber netting with biodegradable staples, and
all other work items required to complete the work in place. Note: the description of this
bid item in the proposal is changed to `Jute Netting" and the quantity for this bid item has
changed.
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Item No. 22 — 120-Day Maintenance and Plant Establishment Period [Lump Sum]: Work
under this item shall include, but not be limited to, furnishing all labor, materials, tools,
equipment and incidentals; and providing submittals, procurement, approvals, delivering,
and storage; for performing the Work required for plant establishment and plant
maintenance as specified in these construction documents, including hydroseed and plant
watering. Limited use of herbicides is permitted, with Engineer approval, for invasive
species that cannot be controlled otherwise. This Work shall not commence until Engineer
determines all planting tasks have been completed.
Item No. 23 — As -Built Drawings [Lump Sum]: Work under this item shall include, but not
limited to, furnishing all labor, materials, tools, equipment and incidentals; for updating
Drawings in Attachment A. These drawings must be kept up to date and submitted to
Engineer for review prior to request for payment. Drawings shall reflect all deviations from
Contract Drawings made during construction and show the exact dimensions, geometry,
and location of all elements of the Work completed under the Contract. An amount of
$2,500 is determined for this bid item. The intent of this pre-set amount is to emphasize to
Contractor the importance of as -built drawings."
PART 2 CONSTRUCTION MATERIALS
Add the following section:
"213-6 Jute Netting Roll - Erosion Control Matting Blanket
Jute netting shall contain at least 60 strands of twine with fabric weight of 500 grams per
square meter. Material shall be 100% biodegradable and biodegrade within 10 to 18
months. Netting stables shall meet the ASTM D6400 Standards and be made from
renewable plant -based materials and 100% biodegradable with the material must
breakdown into water, carbon dioxide and humus with no other by-products. Anticipated
Staple spacing is 3 to 4 feet. Material overlap shall be per manufacturer's
recommendations.
Contractor shall not order any jute netting or auxillary materials without Engineer's written
authorization."
PART 3 CONSTRUCTION METHODS
SECTION 300 --- EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. Replace the third and fourth paragraph with the following:
"Clearing and grubbing will be performed per the approved Encroachment Removal and
Restoration Plan.
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Grubbing consists of removing stumps, roots 1-1/2 inches in diameter or larger, buried
logs, and all other objectionable material down to 3 feet below the ground surface.
All iceplant within the construction area shall be removed including dry brown or black
iceplant thatch.
Iceplant outside the Encroachmen Zone shown in Drawing 3 shall not be removed.
Orange fencing not required for these areas.
Note that hardscape encroachments have already been removed at 1504 1510 and 1520
E. Oceanfront.
Clearing and grubbing operations shall also be sequenced to minimize dust generation
and erosion at the site."
300-1.1.1 Tree Removal.
This work also includes mechanical removal of non-native trees, including trunks and root
balls. Remove root biomass at least three feet below the current ground surface and
within a three-foot radius centered under the main trunk. Contractor is permitted to cut
larger tap and/or lateral roots to complete removal of the root ball.
300-1.2 Preservation of Property. Add to this section:
"Prior to commencing construction, Contractor shall appropriately demark the work limits
using a method approved by Engineer.
All native vegetation shall be preserved and protected in selective removal areas and
outside of project limits. Contractor shall mark out areas for protection and will verity
those areas with Engineer prior to encroachment removals."
300-1.3 Removal and Disposal of Materials. Replace this section with the following
paragraphs:
"Cleared and grubbed vegetative materials shall become Contractor's property.
Contractor may haul vegetative materials using its own trucks. Disposal shall be to an
Engineer -approved disposal sites. Contractor shall provide tickets to Engineer showing
legal disposal.
Removal and disposal of solid waste material shall be done by City -approved Licensed
and Franchised Commercial Solid Waste Haulers. Hauling trucks shall be covered. A
current list of approved haulers can be provided upon request or be found on the City's
website at: http://newportbeachca.gov/home/showdocument?id=1986
300-6.2 Clearing and Grubbing Add to this section:
"If there is an immediate erosion concern due to high wind conditions after clearing an
area, install erosion control devices in accordance with the manufacturer's installation
recommendations once approved by Engineer."
SP20OF33
PART 8 LANDSCAPING AND IRRIGATION
SECTION 800 --- LANDSCAPING AND IRRIGATION MATERIALS
800-1 LANDSCAPING MATERIALS.
800-1.2.4 Organic Soil Amendment. Replace entire section with the following
Mycorrhizal Inoculum. Contractor shall use AM 120 Mycorrhizae inoculum or approved
equivalent. Inoculum is sold as loose granules or as liquid. In no case shall inoculum be
applied after the seed. Inoculum must be applied within one hour of addition to the
mixing tank.
Mycorrhizae shall not be stored in temperatures greater than 90OF and no less than 320F
or in direct sun. Mycorrhizae that have become wet, moldy, or otherwise damaged by
extreme temperatures shall be rejected.
Inoculant shall be ordered at least one month in advance of application to ensure
availability. Contractor shall coordinate with Engineer as to when the inoculum should be
ordered and delivered. This inoculum shall be less than 2 years old.
Compost. Contractor shall use Hydropost Premium Compost or approved equivalent.
Compost shall:
1. Be derived from green material consisting of chipped, shredded or ground vegetation
or clean processed recycled wood products, or Class A exceptional quality biosolids
compost, or a combination of the two, as required by U.S. EPA, 40 CFR, part 503c
regulations.
2. Be processed to reduce non-native plant seeds and deleterious material; and shall not
contain paint, petroleum products, herbicides, fungicides or other chemical residues
that would be harmful to plants or animals.
3. Not contain other deleterious materials such as plastic, glass, metal, or rocks, defined
as not more than 0.1 percent by weight or volume.
4. Have a minimum maturity level of 7.0 as measured on a Slovita test kit. Compost shall
be screened through a minimum of 1/4-inch screen.
5. Have moisture content of 35 percent or less as determined by California Test 226.
(Compost products with a higher moisture content may be acceptable, provided the
weight of the compost is increased to equal compost with maximum moisture content
of 35 percent.)
6. Have a bacterial biomass of 300 micrograms/gram and a minimum fungal biomass of
450 micrograms/gram, with a minimum Fungal to Bacterial biomass ratio of 1.5:1, as
determined by microbial assessment.
SP 21 OF 33
Order in advance of application to ensure availability (two to 3 months advance order
recommended). Contractor must coordinate with the Engineer as to when the
compost/vermicompost blend should be delivered onsite.
Compost/vermicompost mix shall not be stored more than 5 days onsite. Onsite storage
shall be in piles no greater than 4 feet in height and shall be kept moist (35% moisture),
but not be saturated. Compost moisture levels shall be monitored daily while stored onsite
and moisture levels of outside and center of pile reported to Engineer for approval.
Organic Soil Conditioner. Contractor shall use Tri-C Soluble Humate or approved
equivalent.
800-1.3 Seed. Add the following:
"The Engineer will pre -order and pay for the seed shown in Table 1. Contractor is
responsible for arranging seed delivery to site installation and maintenance."
Before delivery of seed to the project site, Contractor shall check and certify that seed is
properly labeled and furnished in sealed standard containers. Upon delivery to site,
Engineer will inspect to check that containers are undamaged. Seed shall be maintained
by Contractor in same condition as received from supplier until seeding has been
completed. Seed that has become wet, moldy, or otherwise damaged will not be
accepted. Seed in broken or damaged containers will be rejected. Individual seed
species may be measured and premixed prior to delivery by the seed supplier as
approved by Engineer, or in the presence of Engineer.
TABLE 1: Coastal strand seed mix for the 2.2-acre restoration
Species
Common Name
Total Weight
[I bs]
Abronia maritima
Red sand verbena
14.10
Ambrosia
chamissonis
Sand bur
15.10
Atriplex leucophylla
Beach saltbush
6.60
Cammisoniopsis
cheiranthifolia
Beach evening
primrose
22.20
Lupinus bicolor
Dove lupine
24.70
SP 22 OF 33
Heliotropium
curassavicum
Salt heliotrope
2.22
Distichlis spicata
Saltgrass
17.76
Hydroseed Mixing and Application.
As directed by Engineer, the seven seed types will be mixed into two batches of varying
seed type proportions. The will be three areas for the first batch and three areas for the
second batch with the first batch successively alternating with the second batch. Each
batch will cover an area between 0.3 to 0.5 acres."
Add the following section:
"800-1.3.1 Hydroseed Materials.
Fiber Mulch.
Contractor shall use Conwed 1000 Wood Fiber Hydraulic Mulch, available from S&S
Seeds, or approved equivalent. The fiber mulch used to cover hydroseeded areas and
ensure proper erosion protection shall be produced from annually renewable and certified
weed -free wood -based mulch. No straw -based product shall be used. Mulch shall be free
from plastic material, growth inhibiting additives, or other non -biodegradable substances.
Fiber mulch shall be of such character that the fiber will disperse into a uniform slurry
when mixed with water.
Organic Soil Stabilizer/Tackifier.
Tackifier shall be a concentrated, biodegradable, and an organic derivative of plantago
seed, known as a psyllium, or other organic material. Tackifier shall be non -toxic to plant
and animal life, non -corrosive and non -crystalline, and be non -staining to concrete or
painted surfaces. Tackifier shall conform to Section 21-1.02F of the State of California
Department of Transportation Standard Specifications, such as "Ecology Control M-Binder
Tackifier", available commercially from S&S Seeds, or approved equivalent.
Compost for Hydroseeding.
The 80/20 compost/vermicompost blend used in hydroseeding shall comply with
Section 800-1.2.4, Organic Soil Amendment. Methods and application rates for use
shall comply with Section 801.
800-1.4 Plants.
800-1.4.1 General. Add the following:
SP 23 OF 33
"The Engineer will pre -order and pay for the 1-gallon plants shown in Table 2. Contractor
is responsible for arranging for plant inspection, delivery to site, installation and
maintenance."
Table 2: Coastal strand plant list for the 2.2-acre restoration. All plant stock is 1 gallon.
Species
Common Name
Number of Plants
Ambrosia chamissonis
Sand bur
222
Atriplex leucophylla
Beach saltbush
222
Cammisoniopsis
cheiranthifolia
Beach evening
primrose
444
Heliotropium
curassa vicum
Salt heliotrope
222
Distichlis spicata
Saltgrass
444
Add the following section:
"800-1.6 Herbicides and Pesticides.
Herbicides are not anticipated to be used on this project. However, there may be special
conditions where herbicides may be appropriate. If herbicide use is allowed by Engineer,
Contractor shall provide submittals for herbicide application to Engineer for review and
approval.
For herbicide approved for use, Contractor shall comply with all rules and regulations of
the California Department of Pesticide Regulation and the Department of Health, the
Department of Industrial Relations, and all other agencies that govern the use of
pesticides required in the performance of the Work on the Contract.
After planting is complete, herbicides shall not be used for weed control; only hand
pulling is allowed.
Any substance or mixture of substances intended for preventing, repelling, mitigating, or
destroying weeds, insects, diseases, or nematodes and any substance or mixture of
substances intended for use as a plant regulator, defoliant or desiccant shall be
considered a pesticide or herbicide.
SP24OF33
Contractor shall obtain recommendations for the use of all herbicides from a licensed
Pest Control Adviser in accordance with the requirements of the California Food and
Agricultural Code, and these Special Provisions.
Herbicide recommendations shall include, but not limited to, the herbicide to be used,
rates of application, methods of application, and areas to which herbicides are to be
applied. At no time shall pre -emergent herbicides be used.
Herbicides shall be mixed in accordance with the instructions provided on the applicable
registered label. Prior to mixing any herbicide, a copy of the registered label for the
herbicide to be mixed shall be given to Engineer, or when such copy is unavailable,
Engineer shall be permitted to read the label on the container.
Herbicides for weed control shall be applied with a photosensitive dye that will produce a
contrasting color when sprayed upon the ground. The color shall disappear between 2
and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or
animal life when applied at the manufacturer's recommended application rate.
Where control of non-native vegetation is required and the use of herbicides is
necessary, and there is a possibility that the herbicides could come into contact with
water, Contractor's Pest Control Advisor shall recommend only those herbicides, such as
Roundup Pro, Aquamaster or Rodeo (Glyphosate), which are approved for aquatic use.
If surfactants are required, they shall be restricted to non-ionic chemicals, such as
AgriDex, which are approved for aquatic use.
Vegetation killed by herbicide shall be removed and disposed of legally off -site."
SECTION 801 - INSTALLATION
801-1 GENERAL. Add the following
"All combustible materials, trash, debris, and other waste materials from any construction
operations shall be legally disposed of outside the Project Site.
Contractor shall protect all existing structures or facilities that are adjacent to or fall within
the limits of the Work to be done under this Contract. Any structure or facility to be
protected, which is damaged as a result of Contractor's construction operation shall be
replaced by Contractor at his/her cost, to the satisfaction of the Engineer.
Contractor shall notify Engineer when the site is prepared for planting and seeding and
receive written authorization to commence planting or seeding. Contractor shall provide
the Engineer at least 72-hour notice before a site review."
"801 _A 8 2 coed
SP 25 OF 33
801-2 EARTHWORK AND TOPSOIL PLACEMENT.
801-2.2 Topsoil Preparation and Conditioning.
801-2.2.1 General. Delete paragraph 1 and replace with the following:
"Planting areas shall be free of weeds, rocks and other extraneous materials to a depth of
12 inches below finish grade before planting. All topsoil shall be removed from project
area. Plants shall be planted directly in beach sand. All backfill around plants is with
beach sand. No topsoil placement is allowed."
801-2.3 Finish Grading. Replace the first two paragraphs with the following:
"Voids from tree removal shall be backfilled with beach sand. The surface finish
grades in planting areas shall be graded to a relatively uniform surface. Shallow
pockets or small mounds less than 4-inches in height are acceptable."
801-4 PLANTING.
801-4.1 General. Add the following
"Contractor shall be responsible for managing the site and performing planting,
maintenance and corrective measures to the best advantage of the plant material to
promote healthy growth, establishment, and success of the plantings. This shall include
providing drainage, minimum weekly watering to maintain a proper sandy substrate
moisture level, restoration area protection, maintaining the rope and metal stake fencing,
temporary measures to promote establishment, and other reasonable maintenance and
construction efforts needed to provide for the successful establishment of the plant
materials during the Contract period.
No boxed, balled or canned plants shall be planted if the ball is broken or cracked,
whether before or during the process of planting. Any plant transplanted by Contractor
that dies or has bark, branch or die -back injury shall be replaced at Contractor's expense
with an equal plant to the satisfaction of Engineer.
No plants shall be transported to the planting areas that are not thoroughly wet
throughout the ball of earth surrounding the roots. Plants should not be allowed to dry
out, nor shall any roots be exposed to the air except during the act of placement. Any
plant that, in the opinion of Engineer, is dry or in a wilted condition when delivered or
thereafter, whether in place or not, will not be accepted and shall be replaced at
Contractor's expense.
No planting shall be done in any area until the area concerned has been prepared in
accordance with the Construction Documents and presents a neat and uniform
appearance satisfactory to Engineer.
All inspections herein specified will be made by Engineer. Contractor shall request
inspection at least 48 hours in advance of the time inspection is required. Inspection shall
be required on the following stages of the planting work:
SP 26 OF 33
a) During preliminary grading and initial removal of existing plants.
b) When plants are placed for installation, but before planting holes have been
excavated.
c) When all specified work has been completed (prior to the Maintenance and Plant
Establishment Period).
d) Final inspection at the completion of the Maintenance and Plant Establishment Period.
Contractor's failure to obtain inspection will extend the start and/or finish of the
Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to
in writing by Engineer."
801-4.3 Layout and Plant Location.
Delete the first sentence and insert: "The lay -out of container plants will consist of groups
of plants distributed in natural groupings. Spacing of slope plants within the groups.
Planting sites will be marked on the site by Contractor using different colored pin flags
under the supervision of Engineer and with assistance of the City's Biological Monitor.
Groups of container plants will be spaced in natural looking mosaic formations."
801-4.5 Tree and Shrub Planting. Delete entire section and replace with the following:
"Plants and shrubs to be planted in areas to be hydroseeded shall be planted prior to
hydroseed application, unless approved otherwise by Engineer.
All container plants shall be planted to the following specifications:
• Planting holes shall be at a minimum twice the depth and width of the containerized
plant, or a minimum of twice the width containerized plants.
• Plants shall be set in the planting hole so that the crown of the root ball is
approximately 1-2 inches above finish grade. Under no circumstance should the plant
crown be buried.
Planting done in soil that is too wet, too dry, not properly conditioned or in a condition not
generally accepted as satisfactory for planting as provided in these Special Provisions,
will not be accepted.
Container stock shall be thoroughly watered the day before planting. No more plants shall
be distributed in a planting area than can be planted and watered -in on that day.
Planting holes may be excavated by hand digging. With the palm of the hand covering the
open end, upend the plant container. Carefully tap the container so the plant rests upside
down on the hand leaving the root ball intact. Plants shall be removed from their
containers in such a manner that the ball of planting medium surrounding the roots is not
broken. Plants shall be planted and watered as hereinafter specified immediately after
removal from their containers. Plant containers shall not be cut prior to delivery of the
plants to the planting area.
SP 27 OF 33
Examine the plant for a healthy root system. If there are signs of girdling, scarify the root
ball.
Before placing the container plant on the backfill, work the sand around the roots so that
they are not compressed into a tight mass, but are spread and supported by the soil
beneath them. Set root ball atop backfill so the root crown is slightly above finished grade.
Fill remaining portion of planting hole with sand. Be sure the crown is still slightly above
grade. If the sand settles below the top of the root ball after planting and watering,
additional sand shall be added to bring the backfill even with the top of the root ball."
801-4.8 Seed Planting. Delete entire section and replace with the following two sections
"801-4.8.1 General.
The success of the overall encroachment removal and restoration hinges on proper
implementation of this plan, including completion of Contractor responsibilities, proper site
preparation, timing of seeding, site protection, general seeding specifications,
substitutions, sources, and guarantees.
Contractor may subcontract with a licensed hydroseed installer (hereinafter referred to as
"Subcontractor") for hydroseed operations. Contractor shall ensure that Subcontractor
applies seeds per these Special Provisions.
Planting areas will be hydroseeded after the container stock. Hydroseeding will not
proceed until directed in writing by the Engineer after hydroseed site preparation work has
been completed.
Seed shall be uniformly applied to those planting areas as specified in these Special
Provisions.
All weeds will be hand cleared by Contractor prior to hydroseeding. The ground will be
thoroughly wetted to a minimum of 4-inch depth prior to hydroseeding.
The Contractor will coordinate installation of the container plant stock with hydroseed
Subcontractor to ensure that no damage occurs to the container plants during
hydroseeding of the site."
801-4.8.2 Seeding and Hydromulching Application.
The hydroseed slurry shall contain the native seed and the following materials in the
proportions indicated. The ratio of total water to total M-binder tackifier shall be as
recommended by the manufacturer of the emulsion. The slurry shall be applied with
hydroseeding equipment within 60 minutes after the seed and mycorrhizae have been
added to the mixture. Any mixture containing tackifier or stabilizing emulsion shall not be
applied during rainy weather or when soil temperatures are below 40-degree F.
Material Quantity per Acre
SP 28 OF 33
Wood Fiber Mulch
1,500 lbs.
Compost
1,000 lbs.
M-Binder/Tackifier
150 lbs.
Organic Fertilizer
800 lbs.
Mycorrhizae Inoculum
60 lbs.
Tri-C Soluble Humate
1 lb."
801-4.9.5 Plant and Hydroseed Watering. Delete entire section and replace with the
following:
"All plants and seeds shall be hand- or hose -watered immediately after planting. Where
water is applied with a hose, a water disbursement device or pressure -reducing device
approved by Engineer shall be used. Under no circumstances shall the full force of the
water from the open end of a hose be allowed to fall within the basin around any plant.
Water supply shall be supplied from a water buffalo tank.
Water shall be applied to plants on a minimum weekly basis and in sufficient amounts
(approximately 1 gallon of water for each 1-gallon plant per event and 1 gallon of water
per square foot of hydroseed) as conditions may require keeping the plants and
hydroseed in a healthy, growing condition during the life of the Contract. When watering
commences, it should be a deep watering and occur just enough to keep the plants alive.
The City's Biological Monitor will periodically check to see that sufficient water is being
applied.
Contractor shall review site conditions and plant vitality on a weekly basis and adjust
watering schedule as necessary to maintain plant health."
Add the following section:
"801-4.9.6 Perimeter Fencing and Signage.
The beach side perimeter of the hydroseeded and planted areas, shall be delineated
using a single strand post and rope fencing system or approved equal. Posts shall be
pressured treated wood with minimum diameter of 2.25 inches and shall be embedded
into the sand a minimum of 30 inches and extend above sand level by 42 inches. Posts
shall be installed with on -center spacina of 25 feet alona the perimeter of the aroiect area.
The rope shall be 1/2-inch yellow or orange polyester rope and shall be securely affixed to
the post. The lowest point of the cable shall be no lower than 24 inches above the sand.
SP 29 OF 33
Contractor shall prepare 20 No. signs on foamcore, sized 12 inches by 8 inches with
wording provided by Engineer. Each sign shall be affixed with two high quality nylon zip -
ties."
801-6 MAINTENANCE AND PLANT ESTABLISHMENT.
Delete the entire section and replace with the following:
"801-6.1 General.
Contractor shall maintain the project on a continuous basis from the first day after the
planting is complete and approval for all Work has been obtained from Engineer to start
the 120-calendar day Maintenance and Plant Establishment Period.
Contractor shall request an inspection by the Engineer after plant installation for
acceptance of the Work in writing. In the acceptance letter to Contractor, Engineer will
state the beginning and ending date of the Maintenance and Plant Establishment Period.
Contractor shall schedule regular inspection meetings with Engineer during the period.
The frequency of the meetings shall be as required by Engineer, but no less than once
per month and no less than three inspections.
Contractor shall provide all labor, materials and equipment to perform Work during the
Maintenance and Plant Establishment Period, as specified herein, including but not limited
to, adequate watering of plant material, replacing dead and/or declining plant materials,
regular inspections, and controlling weeds.
Any day Contractor fails to adequately water or perform work determined to be necessary
by the Engineer will not be credited as part of the Maintenance and Plant Establishment
Period.
Contractor shall replace any plants indicating weakness or probability of dying due to
Contractor negligence during the Maintenance and Plant Establishment Period at
Contractor's expense.
Contractor shall be available within five working days of request by Engineer for replanting
or any other maintenance activity Work determined to be necessary by the Engineer.
The Maintenance and Plant Establishment Period may be extended by Engineer if the
project is improperly maintained, appreciable replacement is required, or other corrective
work becomes necessary.
Contractor shall request an inspection within the last five working days of the Maintenance
and Plant Establishment Period for acceptance of the Work performed in accordance with
the Contract Documents. The request shall be made to the Engineer a minimum of five
working days prior to the date of the inspection. Engineer will notify the Contractor in
writing of the satisfactory completion of the Maintenance and Plant Establishment Period."
801-6.2 General Maintenance Duties (120-day Maintenance and Plant Establishment
Period).
SP 30 OF 33
The following tasks to be performed by Contractor as General Maintenance duties during
the Maintenance and Plant Establishment Period include, but are not limited to:
1. Plant inspection
2. Weed control
3. Exotic plant and tree removal
4. Trash and debris removal
5. Maintaining and repairing the rope fencing protection the restoration areas.
6. Pest Control
7. Plant replacement
8. Seed replacement
9. Watering
801-6.2.1 Plant Inspection.
All native plants shall be maintained in their natural shapes. No pruning is necessary or
desirable. All dead wood must remain on the plant or where it has fallen.
801-6.2.2 Weed Control.
The project site shall be maintained free of weeds during the 120 consecutive days of the
Maintenance and Plant Establishment Period. Weed eradication will minimize competition
that would prevent the establishment of native species. Maintenance personnel will be
trained to distinguish weedy plant species from native vegetation to ensure that only
weedy species are removed.
During the Maintenance and Plant Establishment Period, weeds shall be manually
removed either before they can attain a height of twelve inches or produce flowers,
whichever comes first. All portions of the plant will be removed, including the roots. If the
site is not weeded within one week of achieving any of the above criteria, a penalty of
liquidated damages equal to $500 per day will be imposed on Contractor by Engineer
after the seventh day.
Pulled weeds will be placed on a "mantilla" to prevent the seeds from coming in contact
with the ground, and removed from the project site on a daily basis.
A cleared space, 18 inches from the base of the plant, will be maintained around each
container plant to minimize competition from other plant species.
Leaf and branch drop, and organic debris of native species shall be left in place.
The project site shall have no more than 10% cover by weeds, including annual weeds, at
the end of the 120-day Maintenance and Plant Establishment Period.
801-6.2.3 Herbicide Application.
If hand pulling does not adequately control the weeds, Contractor shall submit
recommendations for herbicides use or other methods for review by Engineer. Engineer
SIP 31 OF 33
will direct the Contractor regarding the selection of target weed species, their location, and
the timing of weed control operations.
If herbicide use is necessary, the type, quantity, and method of herbicide application will
be determined by the Contractor's pest control advisor who will inspect the site and write
project recommendations and submit same for review by Engineer. A licensed qualified
applicator (QAL) may work under the supervision of the Contractor's pest control advisor.
Contractor shall confirm with Engineer regarding the selection of target weed species,
their location, and the timing of weed control operations to ensure that native plants are
avoided to the extent possible.
No herbicides shall be used on native vegetation or where Threatened or Endangered
species occur. Contractor shall coordinate with Engineer to determine the presence of
Threatened or Endangered species.
Contractor shall notify Engineer at least 24 hours prior to each application of
herbicide/pesticide and shall indicate the hours of application. Note: Contractor shall post
notices one day prior to any chemical application throughout the site where the public can
view. No application of pesticides shall be made on Saturdays, Sundays, or legal
holidays, unless otherwise approved by Engineer.
Pesticides shall not be applied when weather conditions, including wind conditions, are
unsuitable for such work. Wind velocities shall not exceed five miles per hour during
application of herbicides.
801-6.2.3 Exotic Tree Control.
Contractor shall monitor the project site for regrowth or suckering of exotic tree species
removed during construction operations. Trees or suckers that regrow from cut stems or
root fragments remaining in the ground shall be manually excavated and disposed of off -
site. Any trees that are treated with stem injection shall be monitored for appropriate
response and success of treatment. Re -treatment may be required prior to conclusion of
the 120-day Maintenance and Plant Establishment Period as directed by Engineer.
801-6.2.4 Trash and Debris Removal.
All areas of the project site shall be kept clean and free of weeds, litter, trash, and debris
during the Maintenance and Plant Establishment Period. The project site shall be well
maintained in order to deter vandalism and dumping of trash.
Contractor shall, during daily routine maintenance, remove weedy debris, inorganic litter,
trash, and other debris from the project site and dispose of off -site as permitted by law.
Contractor is responsible for avoiding impacts to plantings during trash removal activities.
Contractor shall notify the Engineer regarding vandalism or dumping of trash immediately
upon detection.
Dead limbs and tree fall shall be left in place in the revegetation areas.
SP 32 OF 33
801-6.2.5 Pest Control.
Contractor is responsible for monitoring trees and shrubs for signs of disease, insect
and/or predator damage, and treating as necessary.
Contractor shall repair and/or replace all damaged plants caused by rodents, disease,
and/or insects. Badly damaged plants shall be removed or pruned to prevent spreading of
the pestilence and replaced in kind if removed.
Excessive foraging by predators may necessitate protective screening around plants.
801-6.2.6 Plant Replacement.
Plants that show signs of failure to grow at any time, or which are so injured or damaged
as to render them unsuitable for the purpose intended, as determined by Engineer, shall
be removed and replaced. Unless otherwise approved by Engineer, Contractor shall
complete replacement of unsuitable plants within one week after notification.
Replacement plantings shall conform to the species, spacing, and size requirements
specified for the plants being replaced as indicated in the Special Provisions.
Replacement plants shall be purchased from replacement stock inventory at a native plant
nursery, as approved by Engineer.
Replacement plants shall be furnished and planted by Contractor at Contractor's expense
during the Maintenance and Plant Establishment Period.
801-6.2.7 Seed Replacement.
Hydroseeded areas showing less than 40 percent germination coverage of desired native
plant material at 90 days after installations or as determined by Engineer, and showing no
signs of vandalism or erosion (not due to excessive irrigation), will be reseeded by
Contractor at the Contractor's expense.
Any reseeding necessary to improve sparsely covered areas will be conducted following
the same procedures described in these Special Provisions. Such reseeding may be
performed by hand broadcasting or hydroseeding as approved by Engineer.
SEW PO�r
City of Newport Beach
Oil
D
Insurance Compliance
PO Box 100085 - FV
Duluth, GA 30096
May 31, 2022
SGD Enterprises dba Four Seasons Landscaping
14937 Delano St.
Van Nuys, CA 91411
Reference Number: 8814-1
This Account has moved from non -compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]