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HomeMy WebLinkAboutC-2791 - Newport Shores ParkCITY OF NEWPORT BIACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 February 25, 1992 Nobest Incorporated P.O. Box 874 Westminster, CA Subject: Surety: The Continental Insurance Company Bond No.: 1331721' Contract No.: C -2791 Project: Newport Shores Park. - The City Council of Newport Beach on January 13, 1992 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on 4, 1992; Reference No. 92- 067264: Sincerely, uZ Wanda E. Raa City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach L �.� S �'iL r f�'I` i �.. � y �_w 6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: / �5 City Clerk j Cit ofwNpewp rt Beach Newport Beach, CAe92663 -e. 92- ObT264 : RDED IN OFFICIAL RECORDS �����FFFFFF ORANGE COUNTY, CALIFORNU pj, FEB 41992 s v4 '2.54 ,a.*rl Recorder ' p from recording fe u ua to Government Code Secti 1 NOTICE OF CONPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Ne—WPF&r—t Boulevard, Newport Beach, California, 92663, as Owner, and Nobest Incorporated, P.O. Box 874, Westminster, CA as Contractor, entered into a Contract on AAL%mt 12, 1991 Said Contract set forth certain improvements, as follows: Newport Shores Park (C -2791) Work on said Contract was completed on Octo6ei.12, 1991 , and was found to be acceptable on January 13.1992 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Continental Insurance Co.. 500 S. Kraemer Blvd., Suite 305. Brea, CA 92621 / / / C VO�Y Pat, BY P � is Worksuirector VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �� at Newport Beach, ifornia. i �� - ��'- y' y 0 6 4 January 13, 1992 CITY COUNCIL AGENDA ITEM NO. F_14 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF NEWPORT SHORES PARR (C -2791) JAN 1 3 1992 1. Accept- -the work. 2. Authorize the 6}e,,,t31,. =f#le a- Notice - -of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of Newport Shores Park has been completed to the satisfaction of the Public Works Department. The bid price was $43,987.10 Amount of unit price items constructed 43,926.10 Amount of change orders None Total contract cost $43,926.10 Funds for the project were budgeted in the Parks and Recreation Fund, Account No. 7035 - 4130006. The contractor is Nobest Incorporated of Westminster. The contract date of completion of construction was October 12, 1991. The work was completed by that date. The landscape establishment and maintenance' period ended December 12, 1991. • Benjamin B. Nolan Public Work Director I r., r: TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: September 10, 1991 SUBJECT: Contract No. C-2791 Description of Contract Nev=t Sharps Park Effective date of Contract A gia-s 12, 1991 Authorized by Minute Action, approved on A,igliQt 12, 1991 Contract with Nobest Inc Address P.O. Box 874 Westminster, Q Amount of Contract 943,987.10 "Xa6' , Wanda E. Raggio City Clerk WER:pm Attachment f .... Ir a4 STATE P.O. BOX 807, SAN FRANCISCO, CA 94101 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE AUGUST 20, 1991 POLICYNUMBER: 440 -90 -unit 0004618 CERTIFICATE EXPIRES: 10 -1 -91 r CITY OF NEWPORT BEACH BUILDING & SAFETY DEPARTMENT P.O. BOX 1768 NEWPORT BEACH CALIFORNIA 92663 L JOB: ALL OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the poliearyeriod indicated. This policy is not subject to cancellation by the Fund except upon t111"ys' advance written notice to the employer. 30 We will also give you TKKdays' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X. PRESIDENT f ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -1 -90 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NOBEST INC. DBA: NOBEST 7600 ACACIA GARDEN GROVE L SCIF 20262 (REV. 10.86) CALIFORNIA 92641 OLD 262A CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3398 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768 until 11:00 AM on the 25th day of July , 1991, at whit time suc bids shall be opened and read for itle 2791 Contract No. $47,500 Engineer's Estimate Reproved by the City Council this 24 day of June , 1991 Wanda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3389 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768. For further information, call John Wolter at 644 -3311. Project Manager t e PR 1.1 L • ,1• �: � �• �i�4Y1�+1s1 PROPOSAL NEWPORT SHORES PARK . CONTRWIT NO. 2791 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. 'Box. 1768 Newport Beach, CA.92658 -8915 Gentlemen:. The undersigned declares that he has carefully examined the location of_the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes:to furnish all materials and do all the work required to complete this Contract No. 2791 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: 1. Lump Sum Mobilization @ Seventeen Hundred Dollars and No Cents $ 1.700.00 Per Lump Sum 2. Lump Sum Clear and grub @ Twelve Hundred Five Dollars N and NO Cents $ 1..205.00 Per Lump Sum 3. Lump Sum Rough grading @ Six Thnimand Six Hundred Dollars Seventy and Nn Cents $ 61670.00 Per Lump Sum m I I � , PR 1.2 ITEM. QUANTITY. ITEM DESCRIPTI- _ '? UNIT TOTAL NO AND UNIT UNIT' PRICE kEI= N IN WORDS g=CE' PRICE 4. 3530 Install concrete paving Sq. Ft. @ One Dollars and Eighty -Five Cents $ 1.85 $ 6,530.50 Per Square Foot 5. Lump .Sum Handicap ramp @ Two Hundred Dollars and No. Cents - P -r Lump Sum - 6. 157 Install deepened footing Linear Ft. Twenty -Nine Dollars and No, Cents $ 29.00 $_4x553-00 Per Linear Foot 7. 110 Place 18" beach sand over Cubic Yds. filter fabric @ Forty -Five Dollars and No Cents $ 45.00 $ 4,950.00 Per Cubic Yard 8. 2 Install Timberform Bench Each Renaissance Model No. 2806 -6 Standard .Blue or approved equivalent P' @ Twelve Hundred Dollars and No Cents $1,200.00 $ 2,400.00 Per Each �� � � R ,' � a -,� �- _.� ,v :.�s� ,�, T f , ... PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL CIO AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 1 Install Dura Art stone.trash Each receptacle., Model No. S -TR -D3 Round -S -18 Natural or approved equivalent @ Four Hundred Sixty Dollars and No Cents $460.00 Per Each 10. Lump Sum Install irrigation system including. potable 1/2" water line to drinking fountain area @ Seventy Six Hundred Dollars and No Cents Per Lump Sum 11. 1,920 Prepare soil and find grade Sq. Ft. $ 460.00 $ 7,600.00 @ None Dollars and Forty Three Cents $ .43 $ 825.60 Per Square Foot 12. 6 Plant 24" box trees Each Three Hundred Seventy Dollars Eight and No Cents $378.00 $ 2,268.00 Per Each 13. 200 Plant 5 gallon shrubs ach @ Twenty -One Dollars and Fifty Cents $ 21,50 $ 4,300.00 Each C� 4{ �. _; i`� A�i Forty Three Thousand Nine Hundred Eighty Seven Dollars and Ten Cents $43,987.10 Date (714) 892 -5583 Bidder's Telephone Number 359622 A Contractor's License No. and Class 4W v Nobest Incorporated PR 1.4 ITEM QUANTITY TOTAL ITEM DESCRIPTION UNIT PTO AND UNIT UNIT PRICE WRITTEN IN WOORjL PRICE PRICE. 14. 1,920 Maintain landscape for 90 days Sq. Ft. @ Three Hundred Twenty Dollars and No Cents $ 325.00 ,. Per.Each TOTAL BASE BID WRITTEN IN WORDS Forty Three Thousand Nine Hundred Eighty Seven Dollars and Ten Cents $43,987.10 Date (714) 892 -5583 Bidder's Telephone Number 359622 A Contractor's License No. and Class 4W v Nobest Incorporated r � g ,, �° , ,� 1 f Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than l0% 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. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid. figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 eyes::- .. t • i ' � , - -_ .. Y� .�: � . c • i g 0 Page 2A In accordance with the—California Labor Code (Sections 1770 et seg.), 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of - the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a c03 authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the .porate officer or an individual For partnerships, the.signatures For sole ownership, the signature 359622 A Contractor's License No. & Classification Nobest Incorporated Bidder Date 0 0 lar c ' Page 3 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 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. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. Irrigation 5 & M Landscape Azusa, CA 2. 3. 4. 5. 6. 7. s. 9. 10. 11. 12. bbest Inc. dder 5191 0 0 4a'.• .f:7/li Si1968 17s 23 FROM + Y . p TO 19187 *14 P.83 Page 4 Big=' p HOED law AM MW BY TH86S. , . : That ie NOSEST INMRATID... as bidderr and Fi- Buzety, era e d and f rmlp and � o erPort HOa`ch. California, in the sea of dollars (S 10% - - - -- • ) r lawful �Y of e 1 for. - tuft YAGAt . of Which sum well and truly to be made, ve bind %oa x elves, giftuy and severally.. firmly by the" Presents. TH'8 COMpMon OF -M kailQOING Owa"Tioff. is Such, ;,•.: That if the proposal of the Abovb bounden .'bidder for - the omstruction of Contraat'No: 2191. (Title of Project and Con a o.) In ty o, Newport. , is accepted by the City Counail of said City,- and it the above bounden bidder shall duly eater into and eiecutift a contract for such construction -and shall execute and deliver 'tb.said City the "Payment" and "Faithful, Forformaaee• contract lsoiids• dasotlbed in the Specifications Within ten (3-0) days (not-lbolading Saturday, Sunday, and Federal holidays) after the date of'thraailing Notice of Avard to the above bounden bidder by and ftma- amid -City, than this obligation shall become mull and void; otbvfrise. It. shall.ba forfeited to the Said City. in the event that any bidder above nerved- wkftcat*d this•bond as an individual, it is agreed that the death tit: any sndt bidder dlaall not exonerate the surety from its obligation tinder this band.' . 9th x S R J iz, We hereunto set oar: hands and seals: t.418 Y of NOBESl' INCORPORATED Bidder (Attach Acknowledgmen Of Attorney -In-Fact) Notary Pub id Co>tm fission Expires: JUL 8 191 15:16 •• 1 17 V� 1 �. ' • M 6fs A. `;Rapp Attorney -in -Fact TPAGE.003 f'. . bounden bidder shall duly eater into and eiecutift a contract for such construction -and shall execute and deliver 'tb.said City the "Payment" and "Faithful, Forformaaee• contract lsoiids• dasotlbed in the Specifications Within ten (3-0) days (not-lbolading Saturday, Sunday, and Federal holidays) after the date of'thraailing Notice of Avard to the above bounden bidder by and ftma- amid -City, than this obligation shall become mull and void; otbvfrise. It. shall.ba forfeited to the Said City. in the event that any bidder above nerved- wkftcat*d this•bond as an individual, it is agreed that the death tit: any sndt bidder dlaall not exonerate the surety from its obligation tinder this band.' . 9th x S R J iz, We hereunto set oar: hands and seals: t.418 Y of NOBESl' INCORPORATED Bidder (Attach Acknowledgmen Of Attorney -In-Fact) Notary Pub id Co>tm fission Expires: JUL 8 191 15:16 •• 1 17 V� 1 �. ' • M 6fs A. `;Rapp Attorney -in -Fact TPAGE.003 d STATE Of CALIFORNIA OOUNTY OF On this day of ` In the year 19 before rtre, the umtersigntd, @ ANotary Public A and for said State, personally appeared i OFF(C(ALSSAL DAPID E. ME c NOTARY PURX, CALIFORNIA ORANGE COUNTY My Carom. Esabes May 14.1993 ACKNOWLEDGMENT— CwM~ —",.I➢ Fwm 222QA M —Rev.5 82 "1982 WOECOirs -vc. ' ' , personally known to me (or proved to me on f11e basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed It. WITNESS my hand and of ial s 1. Notary Public in and for said Stale. 1( r State of California, SS.. t: County of Los Angeles, On this 9th day of July in the year 1991 before me a Notary of Public personally appeared Doublas A. Rapp personally known to me (or proved.to me on the basisof satisfactory: evidence) to.be.thg person whose. name is.subscribed to this instrument as the Attorney. of ;Tha„ Contirients Insurance Company: and, acknowledgeif tb me .that The Contlnental Insurance Company' executed the instrument. �!� m® ww .waysmrtimir�xR�wo-r.wre,Rwx.w,.n OFFICIAL SEAL - - MARGARETA T. HIERL p NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN 5€ LOS ANGELES COUNTY . MyCOmmisston FxpiresDee.% 1994 /1'1'lQ J►"' j &a . Nbary Public in and for said County The CoOnental Insurance Corny 180 Maiden Lane., New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by.these presents does make, constitute and appoint: DO(l6LAS,.A,.RAPP'JMSA9ENAf, CALIFORNIA-.:.* its true and lawful attorney,'for it and in its name, place, and stead to execute oil behalf of the said Company; as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amountthe Supt of ; .TWENTY MILLION (20;000:;000) DOLLARS . This Powerof Attorney is granted and is signed and iealed by facsimile. under and by the authority.of the folltiving Resoltition adopted by the Board of Directors of the Company on the 1st day ¢f November, 1977: . - RESOLVED, that the Chairman of the Hoard, the Vice Chairman of the Board, the Presider, an Executive Vice President or a Senior Vice President or a Vice President of the . Company, be, and that each many of them is, authorized to execute Powers of Adomey 4sullfYinB she ittornn,nained in the given.Posyer of Attorney to execute in behalf of the cooipany, bonds, undertakings and all contracts of suretyship; W that an Assistant Vice President. a Secretary or an.Assistant Secretary be, and that each or arty of them hereby is, authorized to attest the "era�c hon of any such Power of Attorney, and In attach thereto the seal of the Company.. FURTHER RESOLVED, that the sigmtutes of such officers and the seal of the Company may be affixed to any such Power ofAttomey or to 1ny certificate relating thereto by facsimile. and any such Power of AttomeyorcediBnte bearing such racsimile signaturesor facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or cornet of suretyship to which it is attached-- in Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985, THE CONTINENTAL INSURANCE COMPANY Attest: Robert W. Adler, Sr- Assistant Vnce President STATE OF NEW YORK i OLZ COUNTY OF NEW YORK 1} By -- Z,-,:, W• ' Miduel I. Beenuert, Vice President On this 1st day of May, 1985, before me personally came Michael J. Beemaert, to me known, who being by me duly sworn, did depose and say that he is a Vtce President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. i .':•uss�:�' ETHEL TARANTO •+.,,,, �,,,, NOTARY PUBLIC, Slate Ki New County No. 24.46631171juaL et Kings Coumy CERTIFICATE Commission Expires March 30, 1986 I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO fiERE8YCERT1FY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board.of Directors, set forth in the said Power of Attorney, is now in force. Signed and seal& at the City of New York, in the State of New York. Dated the 9th day of Jul ,19 91 lames M. Keane, Assistant Vice President 11 :43151 ,_`� .. Printed in U.S.A. 0 Page 5 NON- COLLUSION AFFIDAVIT State -of "California ). -ss. County ,of Jl" `.vt_ )' .. Loirr\f being first duly sw rn, deposes and says t at he or she is cn� y of /� �... , the party making the foregoing bid; that the "b d is "not made n 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 iny',manner, directly•or indirectly,-south 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 that the foregoing is true a d correct. o�ae_sJ Bidder Autho zed Sz natu a /Tit Subscribed and sworn to before me this 1941 . Notary Public My Commission Expires: 5/91 w day of v` , [SEAL) OFFICIAL SEAL DAVID E. Muf m MOTA"P M-CALIFORM ORANM sawn MyaK.�. Em+esM.y it, 1993 t5 t � I Y Page 6 ' ;CHNICAL ABILITY AND MXPERIENCE REFERENCES The undersigned submits herewith'a . statement of the work of similar character -to that. -proposed herein, .wh ch:.ha.has performed and succesafullY - completed.. Year For Whom Person Telephone. Completed Performed (Detail). To Contact Number See Attached List Nobe5t Incorporated Bidder 5/91 I10BEST INCORPORATED LICENSE 8359622 ' P.O. BOX 874 WESTMINSTER, CA 92684 PH- 714-892-5583 REFERENCE LIST 1. City of Glendal Contact: Don Campbell /City Engineer (818) 956 -3945 PROJECT: ALLEY RECONSTRUCTION 2. City of Orange Contact: Ashok Basargekar (714) 532 -0457 PROJECT: HCD ALLEY IMPROVMENTS 3. City of Anaheim Contact: Dave Nelson /Field Engineer (714) 999 - 5126• PROJECT: LINCOLN AVE. MEDIAN ISLANDS 4. City of Long Beach CONTACT: Ken Walker /Contract Compliance (213) 590 -6255 PROJECT: CITY WIDE SIDEWALK 5. City of Tustin CONTACT: Jeff Chin (714) 544 -8890 PROJECT: EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS - VARIOUS LOCATIONS 'j i r l Page 7 �. NOTICE TO SUCCESSFUL BIDDER The. following contract documents shall be executed and delivered to the Engineer within._teh (iQ) days (not. including. ;. .. Saturday-, Sunday ° and - Fede ral 2holidays) ; after the'- date ; of . mailing :'Notice of Award to the successful•bidder . PAYMENT BOND-(Page 8) FAITHFUL PERFORMANCE BOND (Page.9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEKENT. (Page-11) AUTOMOBILE LIABILITY­INSUMCE:XND0R6 MENT (Page:12). 'WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents.. Bidders are advised.to review their content with bonding, insuring and legal agents prior to submission of. bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1)Vcurrently 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. insurance companies affording coverage shall be (1) /currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) ✓ assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Hey Rating Guide: Propm=y- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. SM E L ' ND No. 1331721 s IUM $660.00- Page 9 Executed in Four (4) FAITHFUL PERFORMANCE BOND Counterparts. KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 12, 1991 has awarded to hereinafter designated as the "Principal ", a contract for Newport Shores Park in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C -2791 and the terms ,thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, NOBEST INCORPORATED as Principal, and THE CONTINENTAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of forty Three Thousand Nine Hundred Eighty Seven and Ten /100 Dollars ($ ) , said sum being equal to 1008 of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract 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, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its 5/91 • • +. �� ,� ; e �� . -'.�.. �- � r � ', 1 � � .. Y� 5. .. .. � '. rq^t .. .. .. ._ T-4 .. _ i � .. I i ._. _ .. ... ! i .. � .. s �.:. _ . -_. � '.; :;' ..,_ y. ,; ... -�_. _ I ...� _ ' ,X S � Ems. =�' ,.; r.� -a Y n Page 9A obligations on this bond, and it does hereby -Valve 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 six:(6). months following the date of formal-acceptance of the Project by the City. in the .event that the principal executed this'. bond as an individual, it is agreed that tYte death .of any .such principal shall. not exonerate the Surety fro�a. its. obligations under• this: bond. IN WITNESS WHEREOF,.this instrument has been duly executed by the Principal and ' "Surety above .named, on the 21st day of August , 1991 . 6s Name of Contractor (Pr nc pal) THE CONTINENTAL INSURANCE COMPANY Name of Surety 500 S. Kraemer Blvd., Suite 305 Linda D. Coats, Attorn -y7in =Fact Brea, CA 92621 (714) 572 -3051 Address of Surety Telephone NOTARY ACXWMLXDGKMTS OF CONTRACTOR AND SURETY MOST ON ATTACKED 5/91 �� ,, R STATE OF CALIFORNIA 1( COUNTY OF d iQ r4 10 47 6 ss J On this C2:2 day of 14U6 u ST- , in the year 19_.3_x, before me, the undersigned, a Notary Public in and for said State, personally appeared L�ikR 4V !lj I Z) 2, vD personally known to me am EAL for proved to me on the basis of satisfactory evidence) to be the person who executed the LE �rplryp within instrument on behall of the Corporation therein named, antl acknowledged to me that ''n the Cor oration executed it. y 1/,1993 p WITNESS my hand and officla seal. Form 222CA -z— Rev. Notary Public In and for said State. JI 4fyNOwLEOCNFNT— Gerpoplien— WV4otls &92 =' 1992 KMC01 r9. INC. State of California, SS. County of Los Angeles On this 21st day of August in the year 1991 , before me a Notary of Pudic personally appeared Linda n_ rnarg , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed tD this instrument as the Attomey of The Continental Insurance Company and, acknowledged to me that The Continental Insurance Company executed the instrument OFF OA A NOTARY SEAL ,Etq SU INER y My Noary�k— OWWWia If Casino JUL 221904 ublic in and for said County The`pntinental Insurance Caepany 180 n alden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda D. Coats of Pasadena, California its true and lawful attorney, (or it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million ($10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: 'RESOLVED• dw the Ouinun dthe lord. "Vic C ainmand dw lord• the Preidess. an Eeecuae Vice Resident a a Senor Vioe Resident a a Vice Preuday of dw Co mpww .be,anddareachaartydthemi,audn edbeaecrde Power olAnonsey Quaklyn{theanornernamed in the pen Power dMomeybea &tiembehaBdthe Company, bonds. welenakings and all conwaasdweroW and that an Assmard vne President, a Secretary or an Assemee Se'aetary be, and dw each or any of them hereby us. awlsoniaad b anew Ilse eaecrdiond xry wch PawedAtWnrrp, and b clads Rneselo dre seal d the CmnPannl'. FURTHER RESOLVED. dot" siputwes dwelt ofiioes and the war of the Canpanr may he atrrad to any sods Pos.erdAno"wywloartyoeMirate eUi gthretoby with nesped b any bed, u de eking or cawacr or sun:tydnip b whKh d a anadad.' In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, /985. THE CONTINENTAL INSURANCE COMPANY Attest Robert W. Adler, Sr- Asstua t Vice Resided STATE OF NEW YORK ) COUNTY I NEW YORK I By z a 7 0! 4ez� . •�� Michael L leenarn, Vice Presided On this 1st day of May, 1985, before me personally came Michael I. Beemaert, to me known, who being by the duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. �r'a01a1it• �F,y11K 3�tt CEPTI I'll IGTIE 4 "nox NOTARY "UC- Sue, or New York Nix 244467117 Q"L in Kings Candy Caroni lion LWM Mrdn 70.1906 1, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoingand attached Powerof Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York Dated the 21st day of August X19 91 i IrnesK KI ANWMIl ViRli95MId _ 11 BOND OISL M'3s���1�11Y47:Ti] 17 KNOW ALL MEN BY THESE PRESENTS, that BOND No. 1331721 PREMIUM INCLUDED Page 8 Executed in Four (4) Counterparts. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 12, 1991 has awarded to Nobest Incorporated hereinafter designated as the "Principal ", a contract for Newport Shores Park (Contract No. c- ?) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. C -2791 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, gRgF,ST INCORPORATED as Principal, and THE CONTINENTAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, In the sum of Forty Three HU Dollars {$ 83.987.10 ), said sum being equal tad o 100 of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 9 • I .I , . ., i Page SA The bond shall inure to the benefit of any and all persons, companies, and corporations-.entitled to file•claims under.Section 3181 . of the.California Civil Code.so as to give aright to them or. �their•assigns -in. -.any suit brought upon thia` blind' -as required. by and in-'accordance with the .provisions' of ;Sect ions 3247 et. seq: of the Civil Code of the State-of California.. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or. to the work to be performed thereunder.or the specifications accompanying the same shall in'any wise v af fact - its .obl.igations.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 :or- to the. specifications. In the event that any principal above named executed this bond Aw 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 21st day of August , 19 9j Nobest Inc. Name of Contractor (Pr ncipal) i,;THE CONTINENTAL INSURANCE COMPANY Name of Surety 500 S. Kraemer Blvd., Suite 305 Linda D. Coats, Attorney -in -Fact J Brea, CA 92621 (714) 572 -3051 Address of Surety Telephone NOTARY ACKNOWLEDMMNTS OF CONTRACTOR AND SURETY KUST 8�._ ?►TT71C886. 5/91 I STATE OF CALIFORP41A ss. COUNTY OF 0A6YU (0 AO On this c�-7 day of 144e 6 l57— , in the year 19_Ql before me, the undersigned, a Notary Public In and for said State, personally appeared L R y IV6 D G sR/db , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the OFFICIAL SEAL within instrument on behalf of the Corporation therein named, and acknowledged to me that DAVID E. POOLE the Corporation executed ft. ma NOTARY PUBLIC CALIFORNIA ! ORANGE COUNTY ' My comm. EsokesmAy14.1993 WITNESS my hand and Of I seal. \ C� ACSIMWLCerMCNT -Cm, m,ann- WolcnRs rwm 2ncaA -Rev s az Notary Public in and for said State. 1 �1982 WOLCOITS, INC State of California, SS. County of Los Angeles On this 21st day of August in the year 1991 , before me a Notary of Public personally appeared T.tnda n- cf,At. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney of The Continental Insurance Company and, acknowledged to me that The Continental insurance Company executed the instrument OFFICIAL NOTARY SEAL JERI SUMMER Notary Public — Ca%lomla LAS ANGELES COUNTY My Comm. Expires JUL 22,11900 Public in and for said Co -� The "Oniinental Insurance CdOpany 180 liden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda D. Coats of Pasadena, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million ($10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile underand by the authority of the following Resolution adopted by the Board of Directors of the Company on the ist day of November, 1977: -RESOLVED." ere Ouaerun of" Board, the Vice OuirRUn of the Bond the h"Wenrl an Executive Vice h"Went or a Senior Vice hetielent as Vice President of the Company, be, nd dui each or any or them 6. aulraited to execute Po. d Mazy puhfy" the &Roney wrrtd in the pnon Po d Attorney to execue an beha8d the Cmnpany, toed; urefertakkW and A contncu of uretydip: arid that an Aoetanl Vice President. a Seeeury or an Aseiwa Secretary be and OW eKh or any or them hereby a uuthorued to aunt"exeMlon d any "Kh Po or or Anomey, nd to attach it* a o the real d ere Ceenparry. PJKTHER RESOLVED, that the tputraesofuxt+ otfr m and the teal of ere CorntaM may be brstmitganlanyrich PoaetdAROneyorcertdc ebearftuwh fanimik+iBnatuesor fanimiktea V41% respect to any bad, uresenak" or mnuad at ueety.hipto which it's attachee eM cate tetaing ihnNO by M WdAess whereof, THE CONTINENTAL INSURANCE COMPANY has eatned its official seat to be hereunto affixed, and these , presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. Attest: Robert W. Adler. Sr. Auhtaa Vice Pre idem +�• STATE OF NEW YORK iI COUNTY OF NEW YORK THE CONTINENTAL INSURANCE COMPANY By htrdaad 4 Beettual Vice heaident On this 1st day of May, 1985, before me personally came Michael 1. Beemaen, to me known, who being by the duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, t °:!water �'""• NOTARY N UC�dOW.r Yak No. 244663117 Ch W. in Kings County COT IFlGTE Coinon on Egnes""'ehto.1986 1, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Powerof Attomey remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 21st da of August 19 91 - �% Iraeaa At Kane. Alaitadlifloe President 11 BOND 471St -D \ is �►�•�� :�� 0RTtF1ATF i� ISSUE DAM(MM /DD /YY) 1h1RANC 3 -SEP -1991 "VpdtiUeEN 26686 Corroon & Black Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 70 South Lake Avenue DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Pasadena CA 91101 POLICIES BELOW. (818) 796 -3888 COMPANIES AFFORDING COVERAGE IC�OMPANY A The AETNA Casualty & Surety Company TTER Contact : D. Kent Burns COMPANY LETTER B RieuRED NOBEST, Inc. Post Office Box 874 COMPANY LETTER C COMPANY LETTER D Westminster CA 92684 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM /DD /YY) DATE(MA /DD /YY) GENERALLIABLITY GENERAL AGGREGATE t 1,000,000 X PRODUCTS - COMP /OP AGG. $ 1,000,000 _COMMERCIAL GENERAL LIABILITY _CLAIMS MADE 1X] OCCUR. PERSONAL & ADV. INJURY q_1,000�000 EACH OCCURRENCE A X OWNER'S & CONTRACTOR'S PROT. 083CO021425687CCA 03- AUG- 199103 -AUG -1992 S 1,000,000 _ FIRE DAMAGE (Any one fire) q_ 100,000 MED. EXPENSE (Any one person $ 5,000 AUTOMOBILE _ _X LIABILITY ANY AUTO COMBINED SINGLE LIMIT 1 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY q A HIRED AUTOS 083FJ02110056OCCA 03- AUG - 1991 03 -AUG -1992 X. NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE q AGGREGATE q _ UMBRELLA FORM �mm OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT S AND DISEASE - POLICY LIMIT_ DISEASE -EACH EMPLOYEE t EMPLOYERS'LIABLITY OTHER DESCRIPTION OF OPERATIONSLOCATIONSIVEHICLESISPECIAL ITEMS Project - Newport Shores Park C -2791 See Attached Endorsements It 4 0 CATS HRiiLO>rti .. .. C/kNCELLATION .. _ . 'i< ".SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE '!< EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AR906fgM0WXNk :33 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Fennell &Associates LEFT, gD( H7EXKYIAHXOOCXMLY< XBl1$ NX90lWBH) BtNILYMNOtIDEHNtf7UO6L 'CYq(SI ®pXAH City of Newport Beach zX) ABpX1CR1WFXgpNAtOppX1P .CXi1cRBIBLR>APa&(piXMpBNp16CXH Post Office BOX 1766 3300 Newport Boulevard Newport Beach CA 92659-1768 AUTHORI2ED REPRESENTATIVE t y� lial 90 § > :f: ltf117HI 199G. t Page li. It •i"s, agreed 'that: .'.. i. With respect to such insurance as in afforded by the'policy for'General Liability, the City Of Newport Beach; Fennell and Associates, and their officers and employees are additional insured¢, but only with respect to liability arising out of operations performed by or on behalf of the.mamed insureds In connection with the contract .designated below or acts and omissions of the additional ,insureds in connection with its general supervision of such. operations. The 'insurance . afforded•said •additional insured(s) shall apply as primary insurance. -and no other insurance maintained by the City Of Newport Peach or Fennell and Associates shall be called upon to contribute with insurance provided by this policy. 2: The policy - includes the.following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the Fennell and Associates or the City of Newport Beach. 4. with respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. S. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (x4 Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence $ 1,000,000 aggregate W" '.The applicable limit 'of Contractual Liability for -the company ' affording coverage. shall be reduced by any amount. paid as damages'under this- endorsement iii behalf of the additional The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of.tha.listits of liability stated in the.policy as applicable.to'Gaiieral Liability•Insurance. 6. Should the policy be non- renewed,'canceled or coverage' reduced, before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Hatch . by registered mail, Attention: Public'Works Department. 7. Designated Contract: 'Newport Shores Park C -2791 This endorsement is effective and forms a part of Policy No.of (Company Affording Coverage). 6/27/91 at 12:01 a.m. 1ty & Surety Com Insured: Nobest, Inc. Endorsement No.: TsD ISSUING COMPANY Aetna Casualty & Surety Company Hy:, L . (f� cam, Author zed Representative sm Page 12 It. is agieed-.that: . 1. With respect *to such insurance as is-afforded-by the. policy for Automobile Liability,.the City of Newport Beach, Pennell, and Associates, and its officers and employees are additional insureds, but only vith respect to liability -for damages arising out. of the, ownership, maintenance or use of automobiles (or •autos) used by or on behalf of the named insured to connection with the contract designated below. The insurance extended by .this endorsement to' said additional insured does not -apply to bodily injury or property damage arising 'out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented'by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insureds) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or. Pennell and Associates shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) LSu7 V" Multiple limits Bodily Injury Liability Bodily Injury Liability S per person S per accident Property Damage Liability $ Combined Single Limit Bodily Injury Liability i Property Damage Liability $ i,000,000 The limits of liability as stated. in this endorsement shall not in'crease.the total liability of the company affording covaraga: for sill .damages -as the rsgult of •4ny one accident ar . • :cccurienOe in excess of the lisite"�of�liability:stated in'the , .••policy "as applicable to AutosoDile iiability Insurance: 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance'Abtice to the City of Newport Beach by registered mail, Attention: .Pubiic.ttorks..Departmant.. S. Designat"Contracts Ne rt Shores Park C- 2791.. Pro act Title Contract No. This endorsement - is effective 8/27/91 at 12:01 a.m. and forms a part of Policy No. 083FJ021100560of., Aetna Casualty & Surety Company (Company Affording Coverage). CCA" . Insured: Nobest, Inc. ffiidarssment No.: TsD ISSUING COMPANY Aetna Casualty & Surety Company By: C D Author zed Representat ve SM • ..... lit' Pu5!''' 5 1g9� � SEP � y����`�� NEVJr. CP��F Page 13 31 . COMPENSATION INSURANCE CERTIFICATION "I 'am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against *liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date C -2791 Contract Number situ Nobest Incorporated Name of Contractor (Pr nclpal) Newport Shores Park C -2 urer • 0 Page 14 CONTRACT THIS AGREEMENT,. entered into this '12 - da311611 .August , .19 q1, by and between the CITY OF NEWPORT BEACH, hereinafter, "City," and Nobest Incorporated , hereinafter "Contractor;." is made with referenge-to the following.facts:... A. City has heretofore advertised'for bids for the following. described public work: Newport Shores Park C -2791 Title of Project Contract No.. •B: Contractor has determined by. City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE,.the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Newport Shores Park C -2791 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Forty Three Thousand Nine Hundred Eiaht ' Dollars ($ 43,987.10 ). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. sro1 & 10 /100 0 • q Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Newport Shores Park C -2791 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. sis1 CITY OF NEWPORT BEACH A Municipal Corporation By: ` Qn..o.u� -� -- yor AS TO FORM: " Nobest Incorporated Name of Contractor r� ,;l STATE OF CALIFORNIA COUNTY OF _ bR,g,+�� Iss. On this _ -a? day of A4 & u 5 % , in the year 19_91. before me, the undersigned, a Notary Public in and for said State, personally appeared �rrrC!nL SEAL ! ��R DyGl��� personally known to me ; t 1,4111 E. PGOLF (or proved to me on the basis of satisfactory evidence) to be the person who executed the o +>URLIC CAIIFORNU within instrument on behalf of the Corporation therein named, and acknowledged to me that R +ANGE COUNTY P 9 m; E,vnMay14,1993 the Corporation executed it. WITNESS my hand and oflici seal. Notary Public in and for said State. f' Af,'192 WECC6fFNi- Cmpnralion— We1tolls Farm 222CA % —Rev. &B2 " '?R2 WOLCOIiS. INC. • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS INDEX Section Paae 1 Specifications SP 1 2 Drawings SP 1 3 Location and Scope of Work SP 2 4 Definition of Terms SP 2 5 Award of Contract, Time of Completion and Time of Commencement of Work SP 2 6 Progress Schedule SP 2 7 Order of Work SP 2 8 Payment SP 3 9 Construction Water Development SP 3 10 Guarding Underground Construction SP 3 11 Guarantee SP 3 12 Construction Survey Staking SP 3 13 Traffic Control & Signing SP 4 14 Access SP 4 15 Job Safety SP 4 16 Working Hours SP 4 17 Erosion Control SP 4 18 Project Site Maintenance SP 5 19 Construction Details SP 5 1911 Earthwork SP 5 19.2 Portland Cement Concrete SP 5 19.3 Concrete Paving and Bands SP 5 19.4 Landscape Irrigation System SP 6 19.5 Landscape Planting SP 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT F, Special Provisions W NEWPORT SHORES PARK CONTRACT NO. C -2791 1. SPECIFICATIONS LPN All work shall be completed in accordance with these Special Provisions, the City's Standard Special Provisions, and the City's Standard Drawings and Specifications. The City's Standard Specifications are the Stand - dard Specifications for Public Works Construction, 1988 edition. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034 (213) 870 -9871. 2. DRAWINGS The complete set of drawings for bidding and construction shall consist of the following: A. Park improvement plans for Newport Shores Park, City of Newport Beach Drawing No. P- 5139 -5, Sheets 1 -9 inclusive. B. The City of Newport Beach Standard Drawings, 1988 edition. 3. LOCATION AND SCOPE OF WORK The work to be accomplished under this contract consists of the construction of park improvements for Newport Shores Park, at the corner of 61st and Coast Boulevard, Newport Beach, California. The work shall consist of furnishing all labor, materials, vehi- cles, tools, machines, equipment and incidentals to accomplish the clearing and grubbing of the site, finish grading, concrete improvements including sidewalks and concrete bands, placement of beach sand and filter fabric, landscape irriga- tion and planting and miscellaneous appurtenant work as shown on the plans; provide qualified supervision and all other items necessary to provide complete improvements to the satisfaction of the City of Newport Beach. All work hereunder shall conform to the Standard Specifications, of the City of Newport Beach, and these Special Provisions. In the event of any discrepancy between these Special Provisions and the Standard Specifications, including the plans, the plans and Special Provisions shall govern where they require a higher quality of workmanship and /or materials. 401 4. DEFINITIOPOF TERMS • Attention is directed to Section 1 -2 of the Standard Specifica- tions. A. Owner City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 B. Engineer Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Contact Person: John Wolter C. Consulting Engineer Fennell & Associates 3505 Cadillac Avenue, Suite P101 Costa Mesa, CA 92626 Contact Person: Rick Fennell 5. AWARD OF CONTRACT, TIME OF COMPLETION AND COMMENCEMENT OF WORK The award, if made, will be within 60 days after the opening of bids. All items of work shown on the plans, described in these Special Provisions and listed as items in the bid proposal shall be completed within 30 CONSECUTIVE CALENDAR DAYS after the City Council awards the contract. The Contractor's schedule shall take into account and allow time allowances for work to be accomplished by the various utilities providing ser- vice. In submitting his bid, the Contractor shall consider traffic control requirements, access and limitation on hours of construction. 6. PROGRESS SCHEDULE After notification of award and prior to start of any work, submit to the Engineer for approval a proposed construction schedule in accordance with Subsection 6 -1 of the Standard Specifications. 7. ORDER OF WORK The construction schedule shall reflect completion of all work under the contract within the specified time and shall provide for construction of all underground improvements prior to the construction of street improvements or finish hardscape. Full compensation for conforming to this article shall be consi- dered as included in the various contract items of work involved, and no additional compensation will be allowed therefor. SP 2 8. PAYMENT • • The unit or lump sum prices bid for the various items of work shall be considered as full compensation for all labor, materials, tools, equip- ment, and incidentals necessary to complete the work in place, and no additional compensation will be made therefor. Compensation for work shown on the plans or described in the specifications, but not separately provided for in the bid proposal, shall be included in the prices bid for the various items of work listed in the bid proposal and no additional compensation will be allowed there- for. 9. CONSTRUCTION WATER DEVELOPMENT A. Water Development: The Contractor shall furnish and install all materials, meters, etc. necessary to develop a water supply for all water required work and for furnishing and applying all water necessary to complete the various items of work. If the Contractor desires to use available City water, it shall be his responsibility to make arrangements by contacting the City Utilities Department at (714) 644 -3011. B. Payment: The cost of developing, furnishing, and applying all water shall be considered as included in the various items of work, and no additional compensation will be allowed therefor. 10. GUARDING UNDERGROUND CONSTRUCTION Trench excavation and backfill shall conform to Section 306 -1 of the Standard Specifications and these Special Provisions. The walls and faces of all excavations over 5 feet in depth shall be effectively guarded by a shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall also be guarded when examination indicates hazardous ground movement may be expected. The Contractor shall obtain a permit to perform excavation or trench work form the Division of Industrial Safety, State of California, prior to any construction. Compensation for guarding underground construction and complying with all the provisions of this section including the cost of providing all necessary information to obtain the permit and the cost of complying with the provisions of the permit shall be included in the various items of work and no additional compensation will be allowed therefor. 11. GUARANTEE The Contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the Contractor's expense within 15 days of notice to do so from the City. 12. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work, and no additional allowance will be made therefor. SP 3 13. TRAFFIC CITROL AND SIGNING • The Contractor shall provide sufficient signing and barricades to protect the motorists, pedestrians, bicyclists and construction personnel. All barricading and construction signing shall be in conformance with the Plans and the Work Area Traffic Control Handbook as published by Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. Sole determination as to the adequacy of construction signing and barricading shall be made by the City of Newport Beach Traffic Engineer. Supplemental signing and barricading required in the opinion of the City of Newport Beach to protect the public shall be immediately erected by the Contractor. The Contractor shall notify City Fire and Police Departments regarding the construction project and potential traffic congestion road restrictions, closures or detours. 14. ACCESS Vehicular and pedestrian access shall be maintained at all times to residences adjacent to the project area; however, should conditions preclude such access, closures shall be permitted for reasonable periods of time (as determined by the Engineer), access shall be restored at the end of each work day. 15. JOB SAFETY Contractor confirms that he is aware of all terms and provisions of CAL -OSHA Safety Orders which pertain to the work described herein. Contrac- tor is required to comply with all of said Construction Safety Orders and to take all necessary steps to insure that all representatives, employees, and agents of the Contractor on the jobsite will be fully knowledgeable of said Construction Safety Orders and that they are followed. 16. WORKING HOURS City ordinance limits working hours (including equipment mainte- nance) to Monday through Friday from 7 a.m. to 6:30 p.m. and Saturday from 8 a.m. to 6 p.m. Violators are subject to citation and fine. Permission is required in advance by City for any Saturday work. 17. EROSION CONTROL It is anticipated that surface and ground or other waters may be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from water and has prepared his bid accordingly. The Contractor shall conduct his operations in such a manner that storm or other waters may proceed uninterrupted along their existing street and drainage courses. Diver- sion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, in the opinion of the Engineer, are not subject to the probability of damage. Surface runoff water containing mud, silt, or other deleterious material from the project area shall be treated by filtration or retention in a settling basin or basins, sufficient to prevent such waters from entering storm drains or tidal waters. The Contractor shall submit his proposed methods of construction and sedimentation controls to the City. Upon approval of the plan by the City and the Board, the Contractor shall be responsible for the implementation and maintenance of the control facilities. SP 4 All costs involved in any dewatering or de• ting operations shall be included in the price bid for the related construction items requiring de- watering or desilting and no additional compensation will be allowed therefor. 18. PROJECT SITE MAINTENANCE The Contractor shall provide project site maintenance in com- pliance with Part 1, Subsection 7 -8, "Project Site Maintenance," of the Standard Specifications. The Contractor shall furnish and operate a self - loading motor sweeper to keep paved haul areas and routes clear as directed by the Engineer. 19. CONSTRUCTION DETAILS 19.1 EARTHWORK Earthwork shall conform to the provisions of Section 300, "Earthwork," and Section 301, "Treated Soils, Subgrade Preparation and Placement of Base Materials," of the Standard Specifications, and these Special Provisions. A. Imported Beach Sand: Plans call for the importation and placement of an 18" layer of select beach sand. It is estimated that 110 c.y. of beach sand will be required. No sand shall be delivered without prior approval of engineer. 19.2 PORTLAND CEMENT CONCRETE All Portland cement concrete shall be Class 520 -C -2500 unless otherwise specified on the plans. Construction shall be performed according to the requirements of the applicable sections of the Standard Specifications, except as herein modified. 19.3 CONCRETE PAVING AND BANDS A. General The Contractor shall construct concrete paving and bands of the form and dimensions shown on the plans in accordance with Subsections 201 -1, 302 -6 and 303 -5 of the Standard Specifications except as modified herein. B. Materials 1. Forms: Steel, wood, or ther suitable material of size and strength to resist movement during concrete placement and to retain horizontal and vertical alignment until removal. Use straight forms, free of distortion and defects. a. Use flexible spring steel forms or laminated boards to form radius bends as required. b. Coat forms with a non - staining form release agent that will not discolor or deface surface of concrete. C. Execution SP 5 1. General: Coordinate work with relate trades. Do not locate related work in concrete except as detailed. Locate accurately and secure in place all inserts, bolts, ties and dowels before pouring, clean and free from any coating which would reduce their bond. Obtain Engineer's approval of layout prior to any construction. 2. Formwork: Stake rigidly at 4 feet o.c. and secure against deplacement. Install stretched wires or other devices to indicate displacement. Do not deviate formwork more than 1/8" from required positions and levels. Do not remove side forms for sidewalks, gutter depressions, island paving and driveways, less than 12 hours after the finishing has been completed. JOINTS Locate as shown on plans and City of Newport Beach Standard Drawing 180 -1. 19.4 LANDSCAPE IRRIGATION SYSTEM General Furnish all labor, materials, equipment, appliances and necessary incidentals for the complete installation of the landscape irrigation system as shown on the drawings and in accordance with the provisions of Subsections 212 -2 and 308 -5 of the Standard Specifications except as modified herein. Explanation of drawings: 1) Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. Carefully investigate the structural and finished conditions affecting all work and plan work accord- ingly, furnishing such fittings, etc. as may be required to meet such condi- tions. Drawings are generally diagrammatic and indicative of the work to be installed. Install the work in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. 2) Provide all work called for on the drawings by notes or details whether or not specifically mentioned in the specifications. Submittals Material List: 1) Furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitution will be allowed without prior written approval by the Engineer. 2) Submit a complete material list prior to performing any work. Include in the material list the manufacturer, model number and description of all materials and equipment to be used. 3) Equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. 4) Approval of any item, alternate or substitute indicates only that the product or products apparently meet the requirements of the drawings and specifications on the basis of the information or samples submitted. 5) Manufacturer's warranties do not relieve the Contractor of his liability under the guarantee. Such warranties only supplement the guarantee. 4 . a � Record Drawings: 1) Provide and keep up to date a complete record drawings set of blue line ozalid prints which shall be corrected daily and show every change from the original drawings and specifications and the exact 'as- built' loca- tions, sizes, and kinds of equipment. Prints for this purpose may be obtained at Contractor's expense from the Architect with the City approval. Keep this set of drawings on the site and use only as a record set. 2) Record drawings will be used as work progress sheets. Make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. Make these drawings available at all times for inspection and keep in a location designated by the Architect. 3) Before the date of the final inspection, transfer all informa- tion from the record drawings to a sepia mylar, procured at the Contractor's expense from the Architect with Owner's approval. Indicate work legibly in ink and submit to the Engineer for approval prior to making controller charts. 4) Dimension from two (2) permanent points of reference, building corners, sidewalk, or road intersections, etc., the location of the following items: (a) Connection to existing water lines. (b) Connection to existing electrical power. (c) Gate valves. (d) Routing of sprinkler pressure lines (dimension max. 100 ft. along routing.) (e) Sprinkler control valves. (f) Routing of control wiring. (g) Quick coupling valves. (h) Other related equipment as directed by the Architect or Engineer. 5) On or before the date of the final inspection, deliver the corrected and completed sepias to the Engineer. Delivery of the sepias will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the prints. Controller Charts: 1) Obtain approval of the record drawings from the Architect and Engineer before controller charts are prepared. 2) Provide one controller chart for each controller supplied. 3) Show areas controlled by the automatic controller on the chart. 4) The chart is to be a 50% reduced drawing of the actual as -built system and shall be clearly legible. 5) Provide a chart that is a blackline or blueline ozalid print and use a different color to indicate the area of coverage for each station. 6) When completed and approved, hermetically seal the chart between two pieces of plastic, each piece being a minimum of 10 mils. 7) Prior to final inspection of the irrigation system complete charts and obtain approval. Operation and Maintenance Manuals: Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, two hard cover binders with three rings containing the following information: 1) Index sheet stating Contractor's address and telephone number, list of equipment with name and addresses of local manufacturer's representa- tive. SP 7 : 2) led under this 3) 4) • a Catalog and parts sheets on every material and equipment instal - contract. Guarantee statement. Complete operating and maintenance instruction on all major equipment. 5) In addition to the above mentioned maintenance manuals, provide the Owner's maintenance personnel with instructions for major equipment and show evidence in writing to the Architect at the conclusion of the project that this service has been rendered. Equipment to be furnished: 1) Supply as a part of this contract the following tools: (a) Two sets of special tools required for removing, disassem- bling and adjusting each type of sprinkler and valve supplied on this project. (b) Two five foot long valve keys for operation of gate valves. (c) Two keys for each automatic controller. (d) Six quick coupler keys and matching hose swivels for each type of quick coupling valve installed. 2) Turn over the above mentioned equipment to the City at the conclusion of the project. Before final inspection can occur, evidence that the City has received material must be shown to the Engineer. C. Job Conditions Verification of Existing Conditions: 1) Visit the site to determine existing conditions, including access to the site and the nature and extent of existing improvements upon adjacent public and private property. Nature of materials to be encountered and other factors that may affect the work of this section. 2) Additional compensation resulting from the alleged ignorance of local conditions, and their effect upon the cost of the work will not subse- quently be approved. Protection: 1) Protect the Owner's property from injury or loss. Repair at Contractor's expense all damage to existing property (buildings, utilities, etc.,) or planting (trees, shrubs, lawn or ground cover) caused during operation or as a result of malfunction of installed work during the guarantee period. 2) Cause minimum interference with workmen, materials, or other equipment of other trades on the project. Do not begin irrigation work until all construction adjacent to the areas has been completed unless otherwise directed. D. Guarantee Submit guarantee for the sprinkler irrigation system in accor- dance with the attached form. File the general conditions and supplementary conditions of these specifications with the Owner or Architect prior to accep- tance of the irrigation system. Include a copy of the guarantee form in the operations and main- tenance manual. Retype the guarantee form onto Contractor's letterhead containing the following information: M GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse, or neglect excepted. We agree to repair or replace any defects in material or workmanship which may develop during the period of one year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Owner. Repairs or replacements will be made within a reasonable time, as determined by the Owner, after receipt of written notice. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Owner, we authorize the Owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefrom upon demand. Project Location Signed: Address: Phone: Date of Acceptance: Products Use only new materials of brands and types noted on drawings, specified herein, or approved equals. PVC Pressure Main Line Pipe and Fittings: Shall conform to the requirements of Section 212 -2.1.3 and 4 of the Standard Specifications. All PVC pipe must bear the following markings: 1) Manufacturer's name. 2) Nominal pipe size. 3) Schedule or class. 4) Pressure rating in P.S.I. 5) NSF (National Sanitation Foundation) approval. 6) Date of extrusion. All fittings must bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. SP 9 Brass pipe and fittings: • Pipe: Red brass screwed conform to Federal Specification #WW -P -351. Fittings: Red brass conforming to Federal Specifications #WW -P -460. Galvanized Pipe and Fittings: Pipe: Galvanized steel ASA schedule 40 mild steel screwed. Fittings: Medium galvanized screwed beaded malleable iron and galvanized merchant coupling. Paint all galvanized pipe and fittings installed below grade with two coats of Koppers #50 Bitumastic. Quick Coupling Valves: Brass one or two piece body designed for working pressure of 150 P.S.I. operable with quick coupler with key size and type as shown on plans. Install six to twelve inches from nearest adjacent paved area. Gate Valves: Bronze gate valve: 125 lb. SWP with screw -in bonnet, nonrising stem and solid wedge disc with threaded ends and a bronze handwheel. Manufactured by Nibco or approved equal. Control Wiring: Connect between the automatic controllers and the electric con- trol valves with direct burial copper wire AWG -UF 600 volt. Use different color pilot wires for each automatic controller. Use white common wires with a diff- erent color stripe for each automatic controller. Install in accordance with valve manufacturer's specifications and wire chart. Do not use wire size less than #14. Place wiring in same trench and along the same route as pressure supply or lateral lines wherever possible. Tape wires together at intervals of ten feet where more than one wire is placed in a trench. Provide an expansion curl within three feet of each wire connec- tion. Provide expansion curl with sufficient length at each splice connection at each electric control, so that in case of repair, the valve bonnet may be brought to the surface without disconnection of the valve wires. Lay control wires loosely in trench without stress or stretching of control wire conductors. Make all splices with Rainbird Snap -Tite wire connector or approved equal. Use one splice per connector sealing pack. Do not allow field splices between the automatic controller and electrical control valves without prior approval of the Engineer. Check Valves: Swing check valves 2 in. and smaller: Bronze construction 200 lb. W.O.G. with replaceable composition, neoprene or rubber disc and meet or exceed Federal Specification WW- V -51D, Class A, Type IV. Anti -drain valves: Heavy duty PVC construction with F.I.P. thread inlet and outlet, stainless steel and neoprene. Internal parts and field adjustable against drawout from 5 to 40 feet of head. Provide Valcon 'ADV' or approved equal. Automatic controllers: Size and type shown on the plans. Obtain Engineer's approval of final location of automatic con- trollers. control valve. Electric Control Valves: Provide electrical control valves with a manual flow adjustment. Provide and install one control valve box for each electric 4mul Backflowprevention units: provide size and type indicated on the irrigations drawings. Provide Wye strainers at backflow prevention units with a 125 lb. flanged cast iron with 100 mesh monel screen and similar to Bailey #100A or approved equivalent. Control Valve Boxes: Use 10" x 10 1/4" round valve box with PVC -6" minimum extension sleeve and bolt down cover for gate valves, Carson Industries 910 -12B or approved equivalent. Use 9 -1/2" x 16" x 11" rectangular box for all electrical control valves, Carson Industries 1419 -12B with green bolt down cover embossed with controller and valve station numbers or approved equivalent. Sprinkler heads: Provide same size, type, and deliver the same rate of precipitation with the diameter (or radius) of throw, pressure and discharge as shown on the plans and /or specified in these special provisions. Provide riser units in accordance with the details shown on the plans. Provide riser nipples of the same size as the riser opening in the sprinkler body. Provide sprinkler heads of the same type from the same manufac- turer. Drip Emitter, Hose, Tubing, and Access Sleeve: Emitter: 1) Punch -in type with six independent outlets made of high impact resistant polypropylene with an UV inhibitor. Punch -in end to have retaining barb with a nominal diameter of 0.170, of sufficient length for easy entry into, and retention in, drip irrigation hose of wall thickness up to 0.160 inches. 2) Major diameter of emitter is nominally 1.5 inches. Each of the six outlets are barbed for securing spaghetti distribution hose of nominal inside diameter of 0.125 inches. 3) Emitter outlet: Separate silicone elastomer control element to provide individual pressure compensation and automatic flushing to each outlet, with drip rate within 15% of its rated flow over a pressure range of 5 to 40 psi. Each of the six outlets in any given emitter will provide a flow rate of wither one or two gallons per hour. 4) Manufacturer: Salco Drip Irrigation Systems, 4463 W. Rosecrans Ave., Hawthorn, CA 90250, (213) 973 -2400 or approved equivalent. Hose: One half inch non -rigid vinyl chloride extruded from integrally algae- resistant polyvinyl chloride (PVC) with V -38 -3A high temperature formulation conforming to ASTM D 2287. Hose manufactured by Salco Drip Irrigation Systems or approved equivalent. Tubing: One eighth distribution tubing as manufactured by Salco Drip Irrigation Systems or approved equivalent. Access Sleeve: 1) Cylindrical in shape with outside diameter of 4 3/4" with an easily removable lid that is secured in place with leg locks. 2) Body: Have slots to accept drip irrigation hose and /or PVC schedule 40 pipe of 3/4" IPS and 1/2" size. 3) Legs: Extend below hose level approximately 6 3/4" with space between legs for water disbursement and are an integral extension of sleeve. SP 11 • 4) Sleeve: Made black in color with a lid skirt hose in bottom of hose slots. 5) Manufacturer: No. DAS -8 or approved equivalent. Execution 0 of high impact resistant polypropylene material that extends downward inside sleeve to retain Salco Products, Inc. (213) 973 -2400. Part Backfilling: 1) Do not backfill the trenches until all required tests are per- formed. Carefully backfill trenches with the excavated materials approved for backfilling. Mechanically compact the backfill in planting areas to a dry density equal to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2) A fine granular material backfill will be initially placed on all lines. No foreign matter larger than 112 in. in size will be permitted in the initial backfill. 3) Flooding of trenches will be permitted only with approval of Engineer. 4) Make all required adjustments without cost to the Owner if set- tlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary. Trenching and Backfill Under Paving: 1) Backfill trenches located under areas where paving, asphaltic concrete or concrete will be installed with sand - a layer 6 in. below the pipe and 3 in. above the pipe - and compacted in layers to 95% compaction, using manual or mechanical tamping devices. Compact trenches for piping to equal the compaction of the existing adjacent undisturbed soil and leave in a firm un- yielding condition. Leave all trenches flush with the adjoining grade. Set in place, cap and pressure test all piping under paving prior to the paving work. 2) Generally, piping under existing walks is done by jacking, boring or hydraulic driving, but where any cutting or breaking of sidewalks and /or concrete is necessary replace work as part of the contract cost. Obtain permis- sion to cut or break sidewalks and /or concrete from the Engineer. No hydraulic driving will be permitted under concrete paving. 3) Provide for a minimum cover of 18" between the top of the pipe and the bottom of the aggregate base for all piping installed under asphaltic concrete paving. Assemblies: 1) Routing of sprinkler irrigation lines as indicated on the drawings is diagramatic. Install lines (and various assemblies) in such a manner as to conform with the details of the plans. 2) Multiple assemblies on plastic lines are not permitted. Provide each assembly with its own outlet. Preparation Physical Layout: 1) Prior to installation, stake out all pressure supply lines, routing and location of sprinkler heads. 2) Obtain approval of layout from Engineer prior to installation. Water Supply: 1) Connect the sprinkler irrigation system to water supply points of connection as indicated on the drawings. 2) Make connections at approximate locations as shown on drawings. Contractor is responsible for minor changes caused by actual site conditions. SP 12 Electrical• Supply: • 1) Make electrical connections from automatic controller to elec- trical points of connection as indicated on the drawings. 2) Make connections at approximate locations as shown on drawings. Contractor is responsible for minor changes caused by actual site conditions. H. Installation Trenching: 1) Dig trenches straight and support pipe continuously on trench bedding. Lay pipe to an even grade. Follow layout indicated on drawings and as noted with trenching excavations. 2) Provide for a minimum cover of 24" for all pressure main line piping 4 in. and larger and for a minimum cover 18" for all pressure main line piping 3 in. and smaller. 3) Provide for a minimum cover of 12" for all non - pressure lines. 4) Provide for a minimum cover of 18" for all control wiring. 5) Install all assemblies specified herein in accordance with res- pective detail. In absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of Engineer. 6) Thoroughly clean PVC pipe and fittings of dirt, dust and moisture before installation. Follow installation and solvent welding methods recommen- ded by the pipe and fitting manufacturer. 1) On PVC to metal connection, work the metal connections first. Use teflon tape or approved equivalent on all threaded PVC to PVC, and on all threaded PVC to metal joints. Light wrench pressure is all that is required. Where threaded PVC connections are required, use female threaded PVC adapters into which the pipe may be welded. All such threaded connections shall be made using schedule 80 pipe and /or fittings. Line Clearance: Provide a minimum clearance of 6 in. from each other and from lines of other trades. Do not install parallel lines directly over one another. Automatic Controller: Install in accordance with manufacturer's instructions. Connect remote control valves to controller in numerical sequence as shown on the drawings. High Voltage Wiring for Automatic Controller: 1) Provide 120 volt power connection to the automatic controller. Remote Control Valves: Install where shown on drawings and details. When grouped together, allow at least 12 in. between valves. Install each remote control valve in a separate valve box. Flushing of System: 1) After all new sprinkler pipe lines and risers are in place and connected, all necessary diversion work has been completed, and prior to instal- lation of sprinkler heads, open control valves and flush out the system with a full head of water. 2) Install sprinkler heads only after flushing of the system has been accomplished to the complete satisfaction of the Engineer. Sprinkler Heads: 1) Install the sprinkler heads as designated on the drawings or approved equivalent. 2) Spacing of heads shall not exceed the maximum indicated on the drawings as recommended by the manufacturer. I. Temporary Repairs SP 13 The Owner reserves the right to make temporary repairs as neces- sary to keep the sprinkler equipment in operating condition. The Contractor is not relieved of his responsibilities under the terms of the guarantee as herein specified, if the Owner exercises this right. J. Field Quality Control Adjustment Of The System: 1) Flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible. 2) If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, make such adjustments prior to planting. Adjustments may also include changes in nozzle sizes and degrees of arc as required. 3) Within ten days after notification by Engineer lower raised sprinkler heads. 4) Set all sprinkler heads perpendicular to finished grades unless otherwise designated on the plans. Testing Of Irrigation System: 1) Request the presence of the Engineer in writing at least 48 hours in advance of testing. 2) Test all pressure lines under hydrostatic pressure of 150 lbs. per sq. inch for a minimum duration of 2 hrs, and prove watertight. NOTE: Test pressure main lines prior to installation of electric control valves. 3) Test all piping under paved areas under hydrostatic pressure of 150 lbs. per sq. inch, and prove watertight, prior to paving. 4) Sustain pressure in lines for not less than two hours. If leaks develop, replace joints and repeat test until entire system is proven water- tight. 5) Make all hydrostatic tests only in the presence of the Engineer. Do not backfill any pipe until it has been inspected, tested and approved in writing. 6) Furnish necessary pump and all other test equipment. 7) When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water cov- erage for planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to devia- tion from plans. Accomplish test before any ground cover is planted. 8) Upon completion of each phase of work, test the entire system and adjust to meet site requirements as necessary. K. Maintenance Operate entire sprinkler irrigation system under full automatic operation for a period of seven days prior to any planting and for sixty days after inspection to begin maintenance period. The Architect reserves the right to waive or shorten the opera- tion period. L. Clean -Up Clean up each portion of work as it progresses. Remove refuse and excess dirt from the site. Broom or wash down all walks and paving and repair to original condition any damage sustained on the work of others. SP 14 M. Final Inspection Prior To Acceptance Operate each system in its entirety for the Engineer at time of final inspection. Rework any items deemed not acceptable by the inspector to the complete satisfaction of the Engineer. N. Inspection Schedule Notify the Engineer in advance for the following inspections, according to the time indicated: 1) Pre -job conference - 7 days. 2) Pressure supply line installation and testing - 48 hours. 3) Automatic controller installation - 48 hours. 4) Control wire installation - 48 hours. 5) Lateral line and sprinkler and emitter installation - 48 hours. 6) Coverage Test - 48 hours. 7) Inspection to begin maintenance period - 7 days. 8) Final inspection - 7 days. When inspections have been conducted by other than the Engineer, show evidence of when and by whom these inspections were made. No inspection will commence without record drawings. 0. Payment Payment for "Landscape Irrigation System" will be made at the contract lump sum price as listed in the proposal which price and payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in furnishing and placing the irrigation system as specified in these Specifications and as directed by the Engineer. 19.5 LANDSCAPE PLANTING A. General Furnish all labor, materials, equipment, appliances and necessary incidentals for the complete installation of all landscape planting as shown on the drawings and in accordance with the provisions of Subsections 212 -1 and 308 of the Standard Specifications except as modified herein. B. Quality Assurance Perform sampling and laboratory testing through Soil and Plant Laboratory, Inc., 1534 S. Trotter Avenue, P.O. Box 11744, Santa Ana, California 92711 (714) 558 -8333 and pay for testing. After rough grading has been completed, analyze existing on -site soil. 1) Sample two areas on the site. Eight core samples are to be taken from each sampling area and analyzed for suitability and fertility. Perform soils analysis of wood residual organic amendment prior to backfill. 2) Submit one quart of wood residual organic amendment for organic analysis. Perform organic suitability and fertility analyses of soil pre- paration areas and on -grade backfill mix areas after the completion of planting to assure all specified amendments have been provided. Take ten random samples of soil preparation areas and five random samples of backfill mix areas. SP 15 ti C. Submittals Furnish the articles, equipment, materials, or processes speci- fied by name in the drawings and specifications. Do not substitute without written approval by the Engineer. Furnish a certificate of delivery with each delivery of material in containers or in bulk. State source, quantity, or weight, type and analysis and date of delivery on certificate. Deliver all certificates to the Engineer. Submit complete materials list prior to performing any work. Include the manufacturer, model number and description of all materials to be used. Materials installed or furnished without prior written approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. Approval of any item, alternate or substitute indicates only that the product or products apparently meet the requirements of the drawings and specifications on the basis of the information or samples submitted. D. Job Conditions Visit the site to determine existing conditions, including access to the site and the nature and extent of existing improvements upon adjacent public and private property, nature of materials to be encountered, and other factors that may affect the work of this section. Additional compensation resulting from the alleged ignorance of local conditions, and their affect upon the cost of the work will not subse- quently be approved. Protect the Owner's property from injury or loss. Repair at Contractor's expense all damage to existing property (buildings, utilities, etc.) or planting (trees, shrubs, lawn or ground cover) caused during operation or as a result of malfunction of installed work during the guarantee period. Cause minimum interference with workmen, materials, or other equipment or other trades on the project. Do not begin landscape work until all construction adjacent to the planting areas has been completed and until the irrigation systems have been installed and approved by the Engineer and the Owner's designated representa- tive. E. Guarantee Submit a written guarantee on Contractor's letterhead in compli- ance with the requirements of this section. Agree that the landscape planting has been completed in accordance with the drawings and specifications. Agree to repair or replace any defects in material or workmanship which may develop during the period of one year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Owner. Make repairs or replacements within a reason- able time, as determined by the Owner, after receipt of written notice. In the event of failure to make repairs or replacements within a reasonable time after receipt of written notice from the owner, authorize the Owner to proceed to have repairs or replacements made at Contractor's expense and pay the costs and charges therefore upon demand. Guarantee trees for one year after final acceptance. Replace shrubs, vines and ground covers that die within the guarantee period or which are not healthy and vigorous. Guarantee shrubs, vines and ground covers for six months after final acceptance. Replace trees that die within the guarantee period or which SP 16 ti ',ar'e not healthy and vigorous. Any trees or other plant materials that die back and lose the form and size as originally specified shall be replaced even though they have taken root and are growing after the die back and have received normal care and maintenance. When notified by the Owner, remove and replace all guaranteed plant materials which for any reason fail to meet requirements of guarantee with plants that meet the same specifications as required for original plantings and guarantee as originally specified. F. Products Wood Residual Organic Amendment: Derived from redwood, fir or cedar sawdust of standard quality impregnated with 1% nitrogen. 1) Particle size, dry weight basis: Percent Passing Sieve Size 95 -100 6.35 mm (1/4 in.) 80 -100 2.38 mm (no. 8, 8 mesh) 0 -30 500 micron (no. 35, 32 mesh) 2) Organic content as determined by ash analysis: Minimum 94% based on dry weight. 3) Chemistry: (a) Minimum 0.8% nitrogen based on dry weight. (b) Minimum 0.08% dilute acid soluble iron based on dry weight. (c) Salinity shall not exceed 3.5 millimhos per centimeter as measured in the saturation extract. Commercial fertilizers: 16 -6 -8, 12- 12 -12, and 17 -13 -5, complete fertilizers. Ferrous iron sulfate: First quality commercial grade. Agricultural gypsum: First quality commercial grade. Root hormone: "Super Thrive" or approved equal. Deep Root Barrier: Deep root control panels (UB48 -2) as manufactured by deep root corporation or approved equivalent. Plant Materials: Furnish plant material in quantities and /or spacing as indicated or noted for each location and of species, types, sizes, etc., as symbolized and described in the plant list. Protect plants in transit and after delivery to the project site. Replace plants in broken containers, with broken branches or injured trunks. Specified container plants are to be first class material equal to the size of similar material in local retail nurseries. Furnish plant materials that are healthy, vigorous, with a good root system, and free from pests or disease. Have plant material inspected and released by the county agricultural inspector prior to delivery to the job. Provide well rooted ground cover plants in flats or containers. Have plant material inspected and approved by Engineer prior to their placement for planting. Replace materials that do not meet specifica- tions. G. Weed Control: 1. Upon the completion of the irrigation system and after all existing trees and shrubs have been removed from the planting area, apply 200 pounds of a commercial fertilizer 16 -6 -8 per acre, as per manufacturer's in- SP 17 0 'st'ructions. 2. Water planting area four (4) times daily for twenty -one (21) consecutive days until seeds have germinated. Cease watering for three (3) days. Spray a non - selective herbicide "Round -up," to eradicate the germinated vegetation. Translocation period should be 7 -10 days. 3. Allow herbicide to kill all vegetation. Rake or hoe off all dead vegetation to a depth of 1/4 inch below the surface of the soil. 4. If perennial weeds or grasses still exist, rewater four (4) times daily for fourteen (14) consecutive days, until the new growth appears. Reapply a non - selective herbicide. Remove weeds after herbicide has had suffi- cient time to kill. Installation Finish Grading: Grades in all on -grade planting areas will be established to within 0.10" and in raised planting areas to within depths indicated on planting plans by others. Backfill planting areas with mixes indicated on planting plans and in specifications. Before and during finish grading, remove all weeds and grasses by the root and dispose of off site. Grade all lawn and planting areas to the elevations indicated on the drawings. Grades not otherwise indicated shall be uniform levels or slopes between points where elevations are given. Make minor adjustments of finish grades at the direction of the Engineer if required. Provide smooth, even, uniform finish grade with no abrupt change of surface. Slope soil away from the buildings to allow a natural run -off of water, and direct surface drainage as indicated on the drawings by remodeling surfaces to facilitate the natural run- off water. Grade low spots and pockets to drain properly. Dispose all extra- neous matter off site. Do not work soil when moisture content is so great that excessive compaction will occur; nor when soil is so dry that dust will form in the air or that clods will not break readily. Apply water, if necessary, to provide ideal moisture content for tilling and for planting herein specified. Shrub, Vines, Ground Cover and Annual Areas: Grade to 1 -1/2" below the grade of adjacent pavement, walks, curbs, or headers and 3" below adjacent walls. The Engineer may direct flush grades where required. Soil Preparation: NOTE: The following specifications are intended for bid purposes only. Actual specifications shall be determined by soil analysis. Prepare on -grade areas per 1,000 square feet with the following: Organic Amendment------------- - - - - -6 Cu. Yards 16 -8 -4 Commercial Fertilizer-- - - - -15 Lbs. Agricultural Gypsum------- - - - - -- -100 Lbs. Broadcast uniformly and rototill into upper 6 inches of soil. On -Grade Backfill Mix: Prepare mix and backfill plant pits with the following material per ten cubic yards: On -site Soil------------------ - - - - -6 Cu. Yards Organic Amendment------------- - - - - -4 Cu. Yards 12 -12 -12 Commercial Fertilizer - - - -10 Lbs. Iron Sulfate------------------ - - - -20 Lbs. f Uniformly blend prior to use. Incorporate as specified under 'tree, shrub, vine and annual planting' section herein. General Planting: The Engineer shall approve all planting areas and placement of plant material prior to installation. Stake plant locations and secure approval from Engineer before excavating pits, making necessary adjustments as directed. Prepare on -grade planting areas as indicated in "Soil Prepara- tion" section herein. Locate specimen trees prior to installation of irrigation system as directed by Engineer. Excavate all plant pits to a minimum of two times the diameter and height of the container to permit handling. Excavate pits with vertical sides for all plants. Do not plant plants in dry soil. Moisten soil at least eight inches deep. Plant plants immediately after containers are cut. Remove con- tainers regularly so as not to present a hazard or annoyance to those persons using the areas. Set plants in center of pits, in a vertical position so that the crown of the plants will bear the same relationship to the finish grades that it did to soil surface in place of growth, allowing for watering and settling of soil. Backfill with specified soil mix. Do not backfill with soil in a muddy condition. No filling around the trunk of the plants will be permitted. Build basins around plants and water in with root hormone imme- diately after planting. Remove basins prior to top dressing. Grade areas around plants to finish grades and dispose of excess soil. Replace any plant material damaged in planting operation. Prune plants according to standard horticultural practice as directed by Engineer. Lightly cultivate, weed, and neatly rake all soil between plants upon completion of all planting operations and again just prior to final inspec- tion. Planting Trees: Prepare tree pits as specified above unless otherwise noted in details. Install deep root control barrier where specified per manufac- turer's recommendations. Backfill trees planted in raised planters with specified soil mix and thoroughly water settle. Backfill trees planted on -grade with specified soil mix and thoroughly water settle. Stake or guy trees as detailed on the drawings. Keep guy wires out of pedestrian traffic areas whenever possible. Set all transplanted trees two inches minimum above finish grades. Apply root hormone per manufacturers recommendation to each tree as follows: 1) Construct tree basins at rim or outer edges of tree rootball so that applied water and root hormone will remain on the top of the rootball. 2) Mulch immediately after completion of irrigation of root hormone into the rootball. Planting Shrubs and Vines: Prepare shrub and vine pits as specified under 'General Planting' section herein. Use planting procedures and practices as specified under 'Planting Trees' section herein. Mulch planting areas after planting. SP 19 a ' Ground Cover and Annual Prepare planting areas G Planting: as specified under 'Soil Preparation' section herein. Mulch planting areas and water with a light spray prior to planting. Plant rooted cutting, pots or flats in areas and at spacings indicated on plans after mulching. Smooth soil about plants and leave areas in neat and clean condi- tion. Do not pile soil or mulch around crown of any plants. Mulching: Spread mulch on all planting areas, except lawns, evenly over the surface to a depth of one inch. Prepare mulch with wood residual organic amendment. I. Maintenance Continuously maintain all areas during the progress of the work, the 90 -day maintenance period, and until final acceptance of this work. If plantings are not acceptable at the completion of the mainte- nance period, maintain all work until it meets specifications and is approved. Continuous maintenance operations of watering, weeding, mowing, rolling, trimming, edging, cultivation, ferilizing, spraying for insect and pest control, replacement and /or any other operations are necessary to assure a proper finished product. Keep all planted areas free of debris and cultivate and weed at no more than ten day intervals. Protect all areas during installation and maintenance periods. Repair any damaged plantings at Contractor's expense. Replace plant material that is not live, healthy, undamaged and free of infestations at the termination of the maintenance period. Replace inferior plantings and bring to a satisfactory condition before final acceptance will be made. Keep areas neatly raked and free of weeds. Immediately replace any and all plant materials and grass that die or are damaged. Meet original plant material specifications with replace- ments. J. Inspections Request the Engineer at least twenty four hours in advance to make the following inspections: 1) After finish grading is completed. 2) After soil amendments have been applied but prior to roto- tilling. 3) After rototilling has been completed. 4) After fine grading is completed. 5) After plant material has been delivered to the site. 6) After plant material has been spotted for planting but before planting pits are excavated. 7) After planting pits for trees, shrubs, and vines have been excavated but prior to backfill. 8) Conduct a complete inspection and approval of all landscape construction items at the end of the landscape construction period to establish the time for beginning of the ninety day maintenance period. Notify Engineer at least seven days in advance of inspection. 9) Conduct an inspection at the completion of the ninety day maintenance period to obtain final acceptance. Notify the Engineer at least seven days in advance of inspection. SP 20 • • • 0 TO: City Council FROM: Public Works SUBJECT: NEWPORT SHORES PARK (C -2791) RECOMMENDATIONS: August 12, 1991 COUNCIL AGENDA NO. F -3 (h) Award Contract No. 2791 to Nobest Incorporated for $43,987.10 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on July 25, 1991, the City Clerk opened and read the following bids for this project: Bidder Total Bid Price Low Nobest Inc. 2 Moonlighting Inc. 3 Varkel Construction 4 Artistic Landscape & 5 William Murray Gen. 6 MJS Construction 7 Plaza Landscape 8 Damon Const. Company 9 West Construction 10 Sunrise Landscape 11 Eli Many Inc. Inc. Eng., Inc. Eng. Const. Inc $43,987.10 44,470.00 45,000.00 45,793.00* 47,226.18 49,926.00 50,762.00 56,060.00 7686 z9 8 56,265.33* 62,710.81 70,000.00 * Note: Corrected totals due to errors in addition and errors in extension of some unit prices as written in words. The low bid is 7.4 % below the Engineer's Estimate of $47,500.00. The low bidder, Nobest Inc., is a well - qualified general contract who has satisfactorily completed previous contract work for the City. The project will provide for construction of the "Tot Lot" Park on City -owned property behind Cappy's Restaurant adjacent to the Oxbow Loop Tidelands area. The work includes clearing and grubbing of the site; concrete sidewalk and planters; placement of beach sand and jetty fabric; landscape irrigation; and planting. City crews will install playground equipment when the park construction is completed. Funds in the amount of $50,000 have been provided for this project in the current budget, Account No. 10- 7797 -101. This funding includes approximately 13.5% for testing and contingencies. The plans and specifications for the project were prepared by Fennel and Associates, Landscape Architects. The work is scheduled to begin after the Labor Day weekend with the estimated date of completion of the contract work October 18, 1991. Benjamin B. Nolan Ronald A. Whitley Public Works Director Parks, Beaches & Recre ion Director E • • TO: City Council FROM: Public Works Department SUBJECT: NEWPORT SHORES PARK (C -2791) RECOMMENDATION: June 24, 1991 CITY COUNCIL AGENDA ITEM NO. F -14 THE CITY !UN ? 4 199 1. Approve the plans and specifications for Newport Shores Park Contract No. 2791. 2. Authorize the City Clerk to advertise for Jxdm_to c�exed - -at - 11,- 00,A.M._.on..July. -25 1991. DISCUSSION: On September 25, 1989, the City Council approved development of a park in the Oxbow Loop area adjacent to Newport Shores and directed City staff to act as lead agency. In reviewing the proposed park plans with the County of Orange and the various State and Federal resource agencies it was determined that an activity park within the tidelands area of the Oxbow Loop beyond the small parcel of City fee - owned property was not feasible at this time. In December 1990 the Parks, Beaches and Recreation Commission approved a two -phase program to develop a "Tot Lot" park on the City -owned property at 61st Street and Coast Boulevard with additional park plans to be coordinated with development of the County's LCP and future private development at a later date. The "Tot Lot" park will be constructed on City -owned property located behind Cappy's Restaurant adjacent to the Oxbow Loop tidelands area. The project will provide for clearing and grubbing of the site; concrete sidewalk and planters; placement of beach sand and filter fabric; landscape irrigation; and planting. City crews will install playground equipment when the park construction is completed. The Coastal Zone permit for the project was approved by the Coastal Commission on June 12, 1991. The estimated cost of the construction contract is $47,500. Sufficient funds to award a contract are available in the current budget, Account No. 10- 7797 -101, and provisions have been made to carry the funds over to the 1991 -92 budget. Plans, specifications and cost estimate for the project were prepared by Fennel and Associates, Landscape Architects. The estimated date of contract completion is October 18, 1991. JAW Benjamin B. Nolan Ronald A. Whitley Public Works Director Parks, Beaches & Recreation Dept. JW:so Authorized to Publish Advertisements of all ldriftuding public notices by Decree of the Superior court of Orange GountyWfomia, Number A -6214, September 29, 1961, and A-24831 June 11, 1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH —COSTA MESA PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 29, 1991 July 6, 1991 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 6, 199 1 at Costa Mesa al'fosn' Ifo Signature 0 umlt Do ro- of the '(t6a of Project: NEWPORT SHORES PARK, No. C-U91, . ... E n5g0ln ear's Estimate: Approved by the City Connell 'this 24 day of June, 1991. Wends E. Reggio, CRY Clerk Proapecttve bidders may obtain one set of bid d0ow ments at no cost, at the of- Bbe of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1769, Newport Beach, CA 92659 1768. For further Information, call John Wolter, Project Manager at 644-3311. Published Orange Coast Dally PBot June 29, July 6, 1991 PROOF OF PUBLICATION 1,