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HomeMy WebLinkAboutC-2924 - Corona del Mar Median Landscape• • • 0 TO: CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT r3�) 2 �12 5/ -May23, 1994 CITY COUNCIL AGENDA ITEFv NO.__ 54___ U, . ' 31094: I. APPROVED 2 SUBJECT: CORONA DEL MAR COAST HIGHWAY MEDIAN LANDSCAPING ACTION: 1 . Approve or deny the Corona del Mar Chamber of Commerce request for forgiveness of the funds advanced by the City. V 2. If the request for forgiveness of the debt is denied, direct the staff to prepare a modified agreement with the Chamber allowing additional time for reimbursement (two years is suggested). DISCUSSION: At the meeting of May 23, 1994 the City Council considered a request by the Corona del Mar Chamber of Commerce for forgiveness of funds ($6,600) loaned to the Chamber by the City which were used to install additional landscaping desired by the Chamber in the median islands at the Coast Highway /Marguerite Avenue intersection. Copies of the May 23 staff report and attachments are attached hereto for reference. The Council continued the matter to June 13 for additional information. The original median island and landscaping project consisted of two main phases of work; construction of median islands by the Sanitation Districts in the Shorecliffs -Cameo Shores area of Coast Highway in conjunction with the trunk sewer construction project, and installation of landscaping and irrigation systems in the median islands under a separate City contract. The City contract work extended from the easterly median island at the Marguerite intersection to the easterly City limits, with the cost of the work being about $121,000. The landscaping was similar to other recent installations on Coast Highway; including Windmill Palms, Mediterranean Fan Palms, Lily of the Nile, and various shrubs and groundcovers. The City funding and scope of work did not include landscaping of the westerly median island at the Marguerite intersection. SUBJECT: CORONA DEL MAR COAST HIGHWAY MEDIAN LANDSCAPING June 13, 1994 Page 2 At the request of the Corona del Mar Chamber of Commerce provision was made for an alternate design including the installation of Chamber furnished topiaries in the easterly median island at the Marguerite intersection. During construction of the project the Chamber exercised the alternate design in the easterly island, and asked the City to expand the scope of work to include the westerly island. Additional costs in the amount of $6,600 were to be reimbursed to the City by the Chamber pursuant to an agreement approved by the City Council on June 14, 1993. By letter to the City Manager dated April 25, 1994 the Chamber has asked that the City forgive the obligation of the Chamber to reimburse the additional funds advanced by the City, as the Chamber has been unable to generate the funds needed. If the request for forgiveness of the debt is denied by the City Council, it is suggested that the staff be directed to prepare a revised agreement with the Chamber providing additional time for reimbursement, perhaps two years. One other point which was discussed at the May 23 meeting was the possible eligibility of Park In -Lieu Fees for the median work and maintenance. The City Attorney has opined that this would be prohibited as the medians are not "neighborhood or community parkland ", and there may be a conflict with State Subdivision Map Act provisions regarding the use of suc fees. Benjamin B. Nolan Public Works Director Attachments • C J a MODIFICATION TO AGREEMENT THIS MODIFICATION TO AGREEMENT, made and entered into this rh day 0 1994, BY AND BETWEEN THE CITY OF NEWPORT BEACH, herei fter referred to as "CITY ", and the CORONA DEL MAR CHAMBER OF COMMERCE hereinafter referred to as "CHAMBER ", WITNESSETH WHEREAS, CITY AND CHAMBER have previously entered into an IMP Agreement dated June 18, 199 %, providing, among other things, for CITY to advance and CHAMBER to reimburse certain landscaping improvement funds; and WHEREAS, CITY AND CHAMBER mutually desire to revise the previously specified terms for reimbursement to CITY; and WHEREAS, City Council of CITY approved of a revision to the terms for reimbursement at a meeting held on June 13, 1994. NOW THEREFORE, the parties agree: 1. Paragraph IIA of the June 18, 1993, Agreement is modified to read as follows: "CHAMBER shall reimburse CITY the sum of $6,600.00 not later than June 13, 1996 "; and 2. All other applicable terms of said previous Agreement shall remain in effect. IN WITNESS WHEREOF the said parties hereto have entered into s Modification of Agreement on this day of 1994. Date:JC, 1994 CORONA DEL MAR, CHAMBER OF COMMERCE Date: \ZA-� V . 1994 Date , 1994 ub \agr \chamber.web By % << c /'lh� .resident CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION By Kev' J. hy, City Manager APPROVED AS TO FORM: Assi Attorney L r May 23, 1994 CITY COUNCIL AGENDA • ITEM NO.___4____ TO: CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT C 2 SUBJECT: CORONA DEL MAR COAST HIGHWAY MEDIAN LANDSCAPING ACTION: APPROVE OR DENY THE FUNDING REIMBURSEMENT FORGIVENESS REQUEST FROM THE CORONA DEL MAR CHAMBER OF COMMERCE DISCUSSION: In 1993 the City funded and contracted a median island construction and landscaping project on Pacific Coast Highway in Corona del Mar. As part of its community beautification program, the Corona del Mar • Chamber of Commerce desired to include additional landscaping improvements at its expense in the median islands at the intersection of Marguerite Avenue and Coast Highway. In a letter to the Council dated June 3, 1993 the CDM Chamber asked the City to advance $6,600 for the additional landscaping work, and proposed repayment of the funds in 6 months. At the meeting of June 14, 1993, the Council considered the CDM Chamber's request, and approved a reimbursement agreement whereby the City advanced the funds, and the Chamber agreed to reimburse the funds 6 months after completion and acceptance of the work. The contract work was completed, and was accepted by the City Council on September 13, 1993. By letter dated April 25, 1994 to the City Manager, the CDM Chamber has asked the City to forgive the loan. The Chamber feels that the businesses have funded other improvements in the area, and have suffered considerably during the period of extensive utility construction work on Coast Highway. Copies of the following documents are attached for Council information: Letter from CDM Chamber of Commerce to City Manager dated April 25, 1994. • SUBJECT: CORONA DEL MAR COAST HIGHWAY MEDIAN LANDSCAPING May 23, 1994 Page 2 • 2. Letter from CDM Chamber of Commerce to City Council dated June 3, 1993. 3. Staff report from Public Works Department to City Council dated June 14, 1993. 4. Agreement between City and CDM Chamber of Commerce of Commerce dated June 18, 1993. Benjamin B. Nolan Public Works Director [.3,90* Attachments • • LI April 25, 1994 • Corona del Mar CHAMBER of COMMERCE Kevin Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Kevin: 0 A unique blend of people and place • The Corona del Mar Chamber of Commerce requests the City forgive the $6,000 loan to the Chamber and paid by the City for the res- toration of the median at Marguerite and Pacific Coast Highway that was destroyed during the construction of the sewer project. The additional landscaping was paid for by the Chamber in the amount of $4,000 for the dolphin topiaries that have had wide- spread recognition. The Chamber feels it was an active partic- ipant in the funding of that project and suffered sufficiently throughout the sewer, water and gas construction that to ask merchants for more funds would be unsuccessful. The benches that have been installed along Pacific Coast Highway were paid for by the merchants. The banners to be installed on May 2 are also, paid for by merchants, assisted by residents, and are a great expense. Positive efforts must be encouraged to bring Corona del Mar back to a viable economy which will ben- efit both the entire City of.Newport Beach as well as the Corona del Mar district. • We deeply appreciate the past cooperation of the City in our ef- forts to beautify and rehabilitate our business district, and we trust this request will be favorably received. Sincerely, Luvena Hayton Executive Board Secretary CC: Phil Sansone, Dave Niederhaus, Ben Nolan 2843 East Coast Highway . Post Office Box 72 . Corona del Mar , California 92625 . 714/673 -4050 0 • a. � WWI Corona del Mar CHAMBER of COMMERCE June 3, 1993 0 A unique blend of people and place is Newport Beach City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 SUBJECT: Median Improvements at Marguerite and PCH. • The Corona del Mar Chamber of Commerce requests the City pay the expense of approximately $6,600 for the second median improvements at Marguerite and Pacific Coast Highway to be repaid within six months by the Corona del Mar Chamber of Commerce. Your cooperation is deeply appreciated. Sincere y, 6 Donald H. G1 s ow President cc: Kevin Murphy, City Manager • Bob Burnham, City Attorney Ben Nolan, Public Works 2843 East Coast Highway . Post Office Box 72 . Corona del Mar. California 92625 . 714/673 -4050 • 0 0 June 14, 1993 CITY COUNCIL AGENDA ITEM NO. 10 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: PACIFIC COAST HIGHWAY MEDIAN ISLAND IMPROVEMENTS AT MARGUERITE AVENUE ACTION: If desired, approve a reimbursement agreement with the Corona del Mar Chamber of Commerce, and authorize the City Manager to execute the agreement. DISCUSSION: A contract to install median island improvements on Pacific Coast Highway in Corona del Mar is currently under • construction. The Corona del Mar Chamber of Commerce desires to install additional landscaping improvements, at its expense, in the median island at the Marguerite Avenue intersection. The Chamber however, needs additional time to collect the estimated cost of $6,600, and has requested that the City advance the funds, with reimbursement within 6 months. A copy of a letter from Donald H. Glasgow, President of the Corona del Mar Chamber of Commerce, to the City Council is attached for reference. A reimbursement agreement providing for City advancement of funds, and reimbursement by the Chamber within 6 months has been prepared; together with a budget amendment appropriating the funds should the Chamber's request be approved. Benjamin B. Nolan Public Works Director • JW:so 0 0 A. Administer the construction of the proposed additional landscaping work as shown in Exhibit "A" in the form of a contract change order to the City's on going landscape contract. B. Maintain the landscape and irrigation upon completion of the project. C. Advance funds for the costs associated with the proposed work in the maximum amount of $6,600. D. Provide a final accounting of costs to the CHAMBER upon completion of the work. II. The .CHAMBER shall: A. Within six months of the completion of the work shown on Exhibit "A ", acceptance of the work by the CITY, and submittal of the final accounting to the CHAMBER, reimburse the CITY for additional costs associated with the proposed work. • III. It is mutually understood and agreed as follows: A. No changes which significantly alter the work shall be made without the written approval of the CITY and CHAMBER and that any approved changes shall be the financial responsibility of the CHAMBER. An amendment to this agreement will be required for any changes to the work which require that the maximum funding of $6,600 be exceeded. AGREEMENT 1993, THIS AGREEMENT, made and entered into this day iCEiyhor BY AND BETWEEN the CITY OF NEWPORT BEACH, hereinaf referred to as "CITY ", and the CORONA DEL MAR CHAMBER OF COMME ereinafter referred to as "CHAMBER ", • W I T N E S S E T H• WHEREAS, the City of Newport Beach has embarked on a program to install landscaped medians and replant certain existing landscaped medians along Pacific Coast Highway in Corona del Mar that were affected by the recent County Sanitation District project; and WHEREAS, the CITY and CHAMBER have cooperatively designed the new landscaping scheme for the above mentioned program. The new median landscaping represents a change from the existing median landscape scheme in Corona del Mar; and WHEREAS, The existing landscaped median at Marguerite Avenue along Pacific Coast Highway was not designated for replanting. The CHAMBER desires to replant this median as shown on the attached Exhibit "A ", so that it will conform with the new median landscape scheme; and WHEREAS, the CITY and CHAMBER recognize the public benefits of providing a uniform landscape theme along Pacific Coast Highway within Corona del Mar; and WHEREAS, the additional cost to replant the existing landscaping in the median at Marguerite Avenue is approximately $6,600; and • NOW, THEREFORE, be it resolved that for and in consideration of the mutual promises and agreements contained below, the parties do agree as follows: I. The CITY Shall: A. Administer the construction of the proposed additional landscaping work as shown in Exhibit "A" in the form of a contract change order to the City's on going landscape contract. B. Maintain the landscape and irrigation upon completion of the project. C. Advance funds for the costs associated with the proposed work in the maximum amount of $6,600. D. Provide a final accounting of costs to the CHAMBER upon completion of the work. II. The .CHAMBER shall: A. Within six months of the completion of the work shown on Exhibit "A ", acceptance of the work by the CITY, and submittal of the final accounting to the CHAMBER, reimburse the CITY for additional costs associated with the proposed work. • III. It is mutually understood and agreed as follows: A. No changes which significantly alter the work shall be made without the written approval of the CITY and CHAMBER and that any approved changes shall be the financial responsibility of the CHAMBER. An amendment to this agreement will be required for any changes to the work which require that the maximum funding of $6,600 be exceeded. 0 B. This agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this • agreement will be effective only by written execution signed by both parties. C. All notices which may be given hereunder shall be in writing and, if given to the CITY, may be given personally to the Mayor, City Manager or City Clerk of the City, or may be mailed by first class mail to 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92659 -1768, and if given to the CHAMBER, may be given to any officer of the CHAMBER or may be mailed to Corona del Mar Chamber of Commerce, 2343 East Coast Highway, P.O. Box 72, Corona del Mar, CA 92625. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates set forth opposite their respective signatures. CORONA DEL MAR CHAMBER OF COMMERCE Dated: �� I�3 1993 by President CITY OF NEWPORT BEACH Dated: 6 k 1993 by�'. g ty 1 a ger ROBIN FLORY Assistant City Attorney, City of Newport Beach 0 0 _. .. June 14, 1993 CITY COUNCIL AGENDA • ��N 4 1993 ITEM NO. 10 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: PACIFIC COAST HIGHWAY MEDIAN ISLAND IMPROVEMENTS AT MARGUERITE AVENUE ACTION: If desired, approve a reimbursement agreement with the Corona del Mar Chamber of Commerce, and authorize the City Manager to execute the agreement. DISCUSSION: A contract to install median island improvements on • Pacific Coast Highway in Corona del Mar is currently under construction. The Corona del Mar Chamber of Commerce desires to install additional landscaping improvements, at its expense, in the median island at the Marguerite Avenue intersection. The Chamber however, needs additional time to collect the estimated cost of $6,600, and has requested that the City advance the funds, with reimbursement within 6 months. A copy of a letter from Donald H. Glasgow, President of the Corona del Mar Chamber of Commerce, to the City Council is attached for reference. A reimbursement agreement providing for City advancement of funds, and reimbursement by the Chamber within 6 months has been prepared; together with a budget amendment appropriating the funds should the Chamber's request be approved. 6:2 �11� 0. /�4 Benjamin B. Nolan • Public Works Director JW:so 0 June 3, 1993 Corona del Mar CHAMBER of COMMERCE Newport Beach City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 u A unique blend of people and place is SUBJECT: Median Improvements at Marguerite and PCH. The Corona del Mar Chamber of Commerce requests the City pay the expense of approximately $6,600 for the second median improvements at Marguerite and Pacific Coast Highway to be repaid within six months by the Corona del Mar Chamber of Commerce. Your cooperation is deeply appreciated. Sincere y, Donald H. G1 s ow President cc: Kevin Murphy, City Manager Bob Burnham, City Attorney Ben Nolan, Public Works • RECEIVED .N 3 a PUBLIC WORKS NEWPORT BEACI, ALIF 2843 East Coast Highway . Post Office Box 72 . Corona del Mar, California 92625 . 714/673 -4050 0 0 AGREEMENT THIS AGREEMENT, made and entered into thigere?:Kf referred f 1993, BY AND BETWEEN the CITY OF NEWPORT BEACH, to as "CITY ", and the CORONA DEL MAR CHAMBER OF COMM E hereinafter referred to as "CHAMBER ", W I T N E S S E T H: WHEREAS, the City of Newport Beach has embarked on a program to install landscaped medians and replant certain existing landscaped medians along Pacific Coast Highway in Corona del Mar that were affected by the recent County Sanitation District project; and WHEREAS, the CITY and CHAMBER have cooperatively designed the new landscaping scheme for the above mentioned program. The new median landscaping represents a change from the existing median landscape scheme in Corona del Mar; and WHEREAS, The existing landscaped median at Marguerite Avenue along Pacific Coast Highway was not designated for replanting. The CHAMBER desires to replant this median as shown on the attached Exhibit "A", so that it will conform with the new median landscape scheme; and WHEREAS, the CITY and CHAMBER recognize the public benefits of providing a uniform landscape theme along Pacific Coast Highway within Corona del Mar; and WHEREAS, the additional cost to replant the existing landscaping in the median at Marguerite Avenue is approximately $6,600; and NOW, THEREFORE, be it resolved that for and in consideration of the mutual promises and agreements contained below, the parties do agree as follows: I. The CITY Shall: A. Administer the construction of the proposed additional landscaping work as shown in Exhibit "A" in the form of a contract change order to the City's on going landscape contract. B. Maintain the landscape and irrigation upon completion of the project. C. Advance funds for the costs associated with the proposed work in the maximum amount of $6,600. D. Provide a final accounting of costs to the CHAMBER upon completion of the work. II. The CHAMBER shall: A. Within six months of the completion of the work shown on Exhibit "A ", acceptance of the work by the CITY, and submittal of the final accounting to the CHAMBER, reimburse the CITY for additional costs associated with the proposed work. III. It is mutually understood and agreed as follows: A. No changes which significantly alter the work shall be made without the written approval of the CITY and CHAMBER and that any approved changes shall be the financial responsibility of the CHAMBER. An amendment to this agreement will be required for any changes to the work which require that the maximum funding of $6,600 be exceeded. 0 0 B. This agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this agreement will be effective only by written execution signed by both parties. C. All notices which may be given hereunder shall be in writing and, if given to the CITY, may be given personally to the Mayor, City Manager or City Clerk of the City, or may be mailed by first class mail to 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92659 -1768, and if given to the CHAMBER, may be given to any officer of the CHAMBER or may be mailed to Corona del Mar Chamber of Commerce, 2343 East Coast Highway, P.O. Box 72, Corona del Mar, CA 92625. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates set forth opposite their respective signatures. CORONA DEL MAR CHAM ER OF CO ERCE Dated: / , 1993 by President NJ CITY OF NEWPORT BEACH Dated: �� , 1993 by Ct:yMfi er ROBIN FLORY Assistant'Cit Attorney, City of Newpot Beach See Contract File for Exhibit A to the Agreement with The Corona del Mar Chamber of Commerce (Landscaped Median at Marguerite Avenue along Pacific Coast Highway) a 4k CITY OF NEWPORT BEACH October 21, 1993 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Tracy & Ryder Landscape, Inc. 22421 Gilberto, Suite A Rancho Santa Margarita, CA 92688 Subject: Surety: Great American Insurance Company Bond No. 7 58 51 55 Contract No.: C -2924 Project: Corona del Mar Median Landscape The City Council of Newport Beach on September 13, 1993 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 September 30, 1993, Reference No. 93- 0663297. Sincerely, Wanda E. Raggio '% (/ City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and CA 92688 Tracy & Ryder Landscape, Inc. 22421 Gilberto Ste,A Rancho Santa Mar arita ,as Contractor, entered into a Contract on March 8, 1993 Said Contract set forth certain improvements, as follows: Cnrnna rlal Mar Median Lanciacane (C -2924) - located in the Citv of Newport Beach, County of Orange Work on said Contract was completed on September 1, 1993 and was found to be acceptable on September 13, 1993 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company, P.O. Box 5440, Orange, CA 92667 BY ' �2 i or s irec or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledae. Executed on Newport Beach, California. BY4f / ' city er , at i4�1 # rr RECORDING REQUESTED BY AND 30 —SEF -1993 0,2- 9 PM WHEN RECORDED RETURN TO: ;.w -•f neCOTu'eu ili uff iCiai ne�_vi d5 OCT L "_ 1993 of Mme County, Ca,ifornia City Clerk f Lee A. Branch, County Recorder Page 1 of 1 Fees: t City of rt Beach Tax: $ 0.lG 3300 pNewpptt Boulevard Ne Newport Beach, CA "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and CA 92688 Tracy & Ryder Landscape, Inc. 22421 Gilberto Ste,A Rancho Santa Mar arita ,as Contractor, entered into a Contract on March 8, 1993 Said Contract set forth certain improvements, as follows: Cnrnna rlal Mar Median Lanciacane (C -2924) - located in the Citv of Newport Beach, County of Orange Work on said Contract was completed on September 1, 1993 and was found to be acceptable on September 13, 1993 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company, P.O. Box 5440, Orange, CA 92667 BY ' �2 i or s irec or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledae. Executed on Newport Beach, California. BY4f / ' city er , at 0 BY THE CITY t . CITY OF NEwP(- September 13, 1993 CITY COUNCIL AGENDA WP E ITEM NO. 13 • Annnnvrn TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ACCEPTANCE OF CORONA DEL MAR MEDIAN LANDSCAPE (C -29 &A) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file 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 landscaping of the Coast Highway medians from the southerly City limits to Marguerite Avenue has been completed to the satisfaction of the Public Works Department. The bid price was $120,800.00 Amount of unit price items constructed 120,800.00 Amount of change orders 10.714.00 Total contract cost $131,514.00 Four Change Orders were issued. The first, in the amount of $4,764.00, provided for a change in the planting in the median easterly of Marguerite as requested by the Corona del Mar Chamber. The second, in the amount of $6,600.00, provided for the landscaping of the median westerly of Marguerite. The cost of this work will be reimbursed by the Corona del Mar Chamber. The third, in the amount of $350.00, provided for the installation of concrete anchors to help prevent theft of the topiaries. The fourth, in the amount of - $1,000.00, provided for the deletion of the planting of the Chamber supplied topiaries in the westerly median as noted below. • Funds for the project were budgeted in the General Fund, Account No. 7013 - 98413016. The contractor is Tracy and Ryder Landscape, Inc. of Rancho Santa Margarita. 0 4 Subject: Acceptance of Corona del Mar Median Landscape (C -2924) September 13, 1993 Page 2 The Chamber has been unable to obtain the topiaries for the westerly median. In order to not further delay the acceptance of the original City contract and subsequent payment of the retained funds, the work of planting these six topiaries was deleted from the contract by means of the negative Change Order No. 4. A purchase order in the same dollar amount has been issued to the contractor to provide for planting when the topiaries are finally obtained by the Chamber. The matter has been discussed with Ms. Patty MacDonald of the Corona del Mar Chamber who is in agreement. The work, including the 45 day maintenance period, was completed on September 1, 1993. Lx Benjamin B. Nolan Public Works Director PD \so • • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK (714) 644 -3005 DATE: March 16, 1993 SUBJECT: Contract No. C -2924 Description of Contract Corona del Mar Median Landscape Effective date of Contract March 8, 1993 Authorized by Minute Action, approved on January 11, 1993 Contract with Tracy & Ryder Landscape, Inc. Address 22421 Gilberto, Suite A Rancho Santa Margarita. CA 92688 Amount of Contract $125,600.00 ,.4" s Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • January 11, 1993 CITY COUNCIL AGENDA ITEM NO. 4 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CORONA DEL MAR MEDIAN LANDSCAPE (C -2924) APPROVE RECOMMENDATION: Award Contract No. 2924 to Tracy & Ryder Landscape, Inc. of Rancho Santa Margarita for Alternate B, plus additive bid item for contract total of $125,600.00, and authorize the Mayor and the City Clerk to execute the contract. At 11:00 A.M. on December 22, 1992, the City Clerk opened and read the following bids for this project: Amount * Corrected bid price + it If u if n n if of n is $121,800.00 " $120,800.00 " $175,376.00 " $172,936.00 The low bid is 2.4% below the Engineer's estimate of • $125,000.00. The low bidder, Tracy & Ryder Landscape, is a well qualified landscape contractor. Tracy & Ryder has not performed previous contract work for the City; however a check with their experience references has shown that they have successfully completed contracts for the City of Tustin and Irvine. P f k Bidder Alternate A Alternate B Low Tracy & Ryder Landscape $122,000.00* $121,000.00+ 2 Bopark Enterprises 136,407.00 141,107.00 3 Marina Contractors 137.750.00 138,250.00 4 Delta Landscape 140,700.00 138,235.00 5 John Etlin 168,500.00 166,500.00 6 Mentone Turf Supply 170,904.00 169,972.00 7 Valley Crest 175,375.00- 172,935.00= 8 A & Y Company 179,300.00 176,800.00 9 Lambaren Contractors 193,271.42 189,791.42 * Corrected bid price + it If u if n n if of n is $121,800.00 " $120,800.00 " $175,376.00 " $172,936.00 The low bid is 2.4% below the Engineer's estimate of • $125,000.00. The low bidder, Tracy & Ryder Landscape, is a well qualified landscape contractor. Tracy & Ryder has not performed previous contract work for the City; however a check with their experience references has shown that they have successfully completed contracts for the City of Tustin and Irvine. P f k • • Subject: Corona del Mar Median Landscape (C -2994) January 11, 1992 Page 2 Alternate A provides for landscaping at the Marguerite Avenue island without topiary's and Alternate B provides for the installation of topiary's to be furnished by the Corona del Mar Chamber of Commerce. The bid price with the Chamber furnished topiary's is $1,000 less because the contractor has to furnish and install less plant material. Alternate B with the topiary's is recommended. The additive bid item for $4,800:.is to provide and place 20 mil PVC moisture barrier around the planter border to reduce moisture in the adjoining pavement sections. This was a Caltrans encroachment permit condition reviewed after the project was bid. This project provides for landscaping the median islands on Coast Highway from Marguerite Avenue to the easterly City limits. The landscaping will include Windmill Palms, Mediterranean Fan Palms, Lily of the Nile and various shrubs and groundcover. At the Marguerite Avenue median, topiary sculptures (Alternative B) will be included into the landscape theme. Sufficient funds for the work are available in the PCH /CDM Median Landscape (7013- 98413016) account. Construction will begin in late January and should be completed by the end of March 1993. a Benjamin B. Nolan Public Works Director HH:so • • • CITY CLERK r NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3308 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92659 -1768 until 11:00 a on the 22ndday of December, 1992, at whic time suc bids shall be opened and read for EL MAR MEDIAN LANDSCAPE Title of Project C -2924 Contract No. $125,000 Engineer's Estimate r-( ,\ mrcw� � Approved by the City Council this 73rdday of NnvPmhPr 1992. Wanda E. Raggi City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92659 -1768. For further information, call Horst Hlawat.Y at 644 -3311. Project Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR MEDIAN LANDSCAPE CONTRACT NO. 2924 ADDENDUM NO. 1 DECEMBER 8, 1992 NOTICE TO BIDDERS: BIDDERS shall propose to complete Contract No: 2924 in accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM NO. 1. The attached Caltrans Encroachment Permit is to be added under APPENDIX A and is made part of the Special Provisions. Execute and date this ADDENDUM NO. 1 and attach it to your bid proposal. No bid proposal will be accepted without ADDENDUM NO. 1 being executed and attached thereto. Horst Hlawaty Project Manager I have carefully examined ADDENDUM NO. 1 and hereby consent to it being made a part of the proposal. Tracy & Ryder Landscape, Inc. Bidder's Na Authorized ig ature December 21, 1992 Date • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR MEDIAN LANDSCAPE CONTRACT NO. 2924 ADDENDUM NO. 2 DECEMBER 14# 1992 NOTICE TO BIDDERS: BIDDERS shall propose to complete Contract No: 2924 in accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM NO. 2. The following changes are hereby made to the Proposal and Special Provisions: 1. Proposal The proposal form is hereby replaced with the attached revised proposal form. The revision includes the addition of 12 and 24 inch concrete headers as a lump sum bid item. 2. Special Provisions Modify Item No. 10 of the Caltrans Encroachment Permit to change the minimum depth of the PVC liner from 30 to 24 inches as shown on the plans. Execute and date this ADDENDUM NO. 2 and attach it to your bid proposal. No bid proposal will be accepted without ADDENDUM NO. 2 being executed and attac ed thereto. �J Horst Hlawaty Project Manager I have carefully examined ADDENDUM NO. 2 and hereby consent to it being made a part of the proposal. Tracy 6 Ryder Landscape, Inc. Bidder's Name Authorized Si nature December 21, 1992 Date • Attachments i. Revised Proposal 2. Caltrans 8ncroacbment Permit Rider • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN' PROPOSAL • CORONA DEL MAR MEDIAN LANDSCAPE CONTRACT NO. 2924 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully location of the work, that he has examined the Provisions, and hereby proposes to furnish all all work required to complete Contract No. 292 with the Plans and Specifications, and that he payment therefore the following unit price for of work, to wit: PR 1.1 examined the Plans and Special materials and do 1 in accordance will take in full the completed item ITEM QUANTITY ITEM DESCRIPTION AND TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Mobilization and traffic control @ Ten Thousand Four Dollars Hundred and No Cents $10,400.00 Per Lump Sum 2. Lump Sum Automatic irrigation system, including electrical installation to Edison vault, complete as shown on plans @ Thirty Five ThousandDollars and No Cents $35,000.00 Per Lump Sum 3. Lump Sum Soil preparation and amendments for lawn, groundcover and planter areas @ Five Thousand Dollars and No Cents $ 5,000.00 Per Lump Sum • • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION AND TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 4. Lump Sum Planting of all medians, complete as shown on plans @ Sixty Six Thousand Dollars our un re and No Cents $ 66,400.00 Per Lump Sum 5. Lump Sum 45 day maintenance period @ One Thousand Dollars and No Cents $ 1,000.00 Per Lump Sum 6. Lump Sum Construct 12" and 24" concrete mowstrips /headers, complete as shown on plans @ Four Thousand Dollars and No Cents $4,000.00 Per Lump Sum ALTERNATIVE A (ITEMS 1 THROUGH 6) One Hundred Twenty. One. Thousand - Eight. Dollars Hundred and No Cents $ 121,800.00 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) 7. Lump Sum Planting of all medians and using City furnished topiary plants at Marguerite Avenue per alternate detail on plan @ Sixty Five Thousand Dollars our un re and No Cents $65,400.00 Per Lump Sum ALTERNATIVE B (ITEMS 1,2,3,5,6 AND 7) One Hundred Twenty Thousand Eight Dollars Hundred and No Cents $120.800.00 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) ADDITIVE BID ITEM (MAY BE ADDED TO BASE BID) 8. Lump Sum Provide and place 20 mil PVC liner per detail on plan @ four Thousand Eight Dollars Hundred and No Cents Per Lump Sum TOTAL INCLUDING ADDITIVE BID ITEM PR1.3 $125,600 '.00 December 21 ✓Tracy & Ryder Landscape, Tnr_ Date Bidder o (714) 858 -7002 Bidder' s Telephone No. Aut qr1� S igna ure /T�tle a KY der, ce PresT ent 382822 Class B C -27 22421 Gilberto_ Suite A Bidder's License igdlder A ss No. & Classification f�anchorSanta f�argarita, CA 92688 • • 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 10% 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 • • Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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 Apprenticeship requirements 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 co; 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 382822 Class B, C -27 Contractor's License No. & Classification Tracy & Ryder Landscape, Inc. Bidder December 21, 1992 Date 5/91 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Tracy & Ryder Landscape, Inc. Bidder 5/91 Vice Pr • NON- COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) • Page 5 Bart Ryder , being first duly sworn, deposes and says that he or she is Vice President of Tracy & Ryder Landsca e Inc. the party making the foregoing bid; that the bid 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 any 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 and correct. Tracy & Ryder Landscape, Inc. Vice President Bidder Authorized ignature /Title Subscribed and sworn to before me this 21st day of December 1992. [SEAL] Wo-ta,Zy Public /� ' :;r OFP !A, SEAL My Commission Expires: April 15, 1994 (� ry(e.': S� ` "��,'.'��i•' @eta, y. Aub;ic l'afdcmia (h Ay Cammis�icn Eq.4!15 /31 5/91 • • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number 1991 City of Tustin Jerry Otteson (714) 544 -8890 $429,541.00 15222 Del Amo Ave. Name of Project: E. Tustin Median Islands Tustin, CA 92680 1992 City of Orange Jeff Arehart (714) 744 -2246 $1,481,460.00 PO Box 449 Name of Project: Santiago Hills Streetscenes Orange, CA 92666 1992 City of Fontana Roger Hatch (714) 720 -1166 $4,459,517.00 PO Box 518 (Barclay & Associates) Fontana CA 92334 Name of Project: Village of Heritage 1992 City of Irvine Rosemary Cott (714) 724 -7513 $277,256.00 PO Box 19575 Name of Project: Irvine Medians Irvine, CA 92713 Tracy & Ryder Landscape, Inc. Bidder 5/91 Vice President Au horized S gnature /Title L� KNOW ALL MEN BY THESE PRESENTS, • Page 4 That we, TRACY & RYDER LANDSCAPE, INC. as bidder, and GREAT AMERICAN INSURANCE COMPANY as Surety, are held and firmly bound unto the city of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT OF BID- - - - - -- Dollars ($ 101 OF BID - - - - -) , lawful money of the on ted States for the payment of wh ch aum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction Of CORONA DEL MAR MEDIAN LANDSCAPE (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the city Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (lo) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing N ^tire of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this band as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from Its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 18TH day Of DECEMBER , 1992. ' TRACY 6 RYDER LANDSCAPE, INC. BY: Bidder (Attach Acknowledgment Authorized S. natire /Title of Attorney -In -Fact) 1 Notary Public Commission Expires: 5/91 Trrid 0 col State of CALIFORNIA On DECEMBER 18 1992 , before me, the undersigned, a SS. Notary Public of said county and state, personally appeared, personally County of ORANGE known tome or proved to me on the basis of satisfactory evidence, HICBAEL A. QUIGLEY known to me to be the Attorney -in -Fact of GREAT AMERICAN INSURANCE COMPANY the Corporation that executed the within instrument, and known to me to OWCIAL SEAL P be the person who executed the said instrument on behalf of the Corporation JENNIFER HARIUNG therein named, and acknowledged to me that such Corporation executed the same. ;:<if2GP%.L CFFIC: IN �! r} '';,�y 5AN DIEGO COUNTY by Commission Expires OCtobe; 22, 1993 Y PUBLIC E GMU AMERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.O 13287 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL D. STONG OF RIVERSIDE, CALIFORNIA ALL MICHAEL A. QUIGLEY OF IRVINE, CALIFORNIA UNLIMITED CARRIE L. PRICE OF RIVERSIDE, CALIFORNIA JENNIFER JOHNSTON OF IRVINE, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20th day of June .19 91 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss On this 20th day of June, 1991 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument;that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and herebv is authorized, from time to time, to appoint one or more Attorneys -Jn -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: 77at the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or cerrifrcate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 18TH day of DECEHBER 1 19 92 • E Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date 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 ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach for these contract documents. content with bonding, insuring of bid. will not permit a substitute format Bidders are advised to review their and legal agents prior to submission Payment and faithful performance bonds 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. 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 Rest's Kev Ratina Guide: Property - Casualty. Coverages shall be provided as specified in the ,Standard Speciticat•on� Works Construction, except as modified by the Special 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. 5/91 Page 8 BOND 17 58 51 55 PAYMENT BOND PREMIUM INCLUDED ON PERFORMANCE BOND. KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Jan 11, 1993 __ has awarded to Tracy & Rxd_pr an¢Scanp In0 hereinafter designated as the "Principal ", a contract for Corona del Mar Media J andcranp (ContractNo. C-2924 ) 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 -2924 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, TRACY 6 RYDER LANDSCAPE, INC. as Principal, and GREAT AMERICAN INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of M IR EMMA - QNAAD - - - -- Dollars ($ 125,600.00 - - - - -) said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 • • Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And 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 affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20TH day of JANUARY , 19--9-3 Tracy & Ryder ] aVg(LaP, Tnr_ Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety P. 0. BO% 5440 ORANGE, CA 92667 Address of Surety A Bart Ryder;, y4-ee esi ent MICHAEL A. QaGLEY,�,ATT0DEYr -IN -FACT 714- 740 -3287 Telephone NOTARY ACKN0WLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5ro1 Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA County of ORANGE 9e On JANUARY 20 1993 before me, JENNIFER UARJUNG (here insert name and title of the officer), personally appearedMICHAEL A- QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) wnose nametsi is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her /their authorized capacity(ies), and tha er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(!.}- acted. a ecu d the mstrument. WITNESS my hand and official sea} "-V _ i 1 0 (Seal) } STAlH OF CALIFORNIA }ss. COUNTY OF On ­­AL- - p' i S before me, j .,;� AAC - C. personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her/their authorized eapacity(ies)• and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand Signature OFFICIAL SEAL {' I ;C!My Public Ctnilm ma �OLR "1Y A9y Com.nissian Exp. 4115194 (This area for official notarial seal) • 0 • • GUM AINERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 0 13287 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL D. STONG OF RIVERSIDE, CALIFORNIA ALL MICHAEL A. QUIGLEY OF IRVINE, CALIFORNIA UNLIMITED CARRIE L. PRICE OF RIVERSIDE, CALIFORNIA JENNIFER JOHNSTON OF IRVINE, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereuntoaffixed this 20th day of June ,19 91 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 20th day of June, 1991 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Companv as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 20TH day of JANUARY 19 93 cin,au irvi/gn1 Page 9 FAITHFUL PERFORMANCE BOND BOND #7 58 51 55 PREMIUM: KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Jan. 11, 1993 has awarded to Tracy & Ryder Landscape, Inc. hereinafter as a Landscape (Contract No. C -2924) 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- 2924 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, as Principal, and GREAT_ as Surety, the sum of vTx AI1r7 '?Ep TRACY & RYDER LANDSCAPE said sum being equal t contract, to be paid to successors, and assigns; bind ourselves, our successors, or assigns, presents. t0 F - - TB- D - -- ), - -- Dollars $125,600.00 0 100% of the estimated amount of the the City or its certain attorney, its for which payment well and truly made, we heirs, executors and administrators, jointly and severally, firmly by these 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 0 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for 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 the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20TH day of JANUARY , 19 93 Tracy & Rvder Lands�aRP inr_ Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety P. 0. BOX 5440 ORANGE, CA 92667 Address of Surety 119- 19V -J401 Telephone NOTARY ACINOWLEDGXENTTS OF CONTRACTOR AND SURETY XUST BE ATTACHED 5/91 I I SOF CALIFORNIA }� COUNTY OF On before me, S v i ar. A''t C.q personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she /they executed the same in histher/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. '" ^;*; C^r'CiAL SEAL ' SUSAN M+AGEE WITNESS m he d and o eal. j `� y ":c:a;y FcLIiL CaidwNa Signature '>•C " �- •- -- `- IL't�CE CGUNiy L'ry Cafi,TiEvan Exp. 4115/94 Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in- Fact)' STATE OF CALIFORNIA ss County of ORANGE On JANUARY 20, 1993 before me, JENNIFER HARJUNG (here insert name and title of the officer), personally appeared MICHAEL A. QUIGM personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) wnose namets/ is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his) her /their authorized capacity(ies), and that 'slherhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons cted. e ecute�he instrument, \n WITNESS my hand and official sea (Seal) GUM ANEMCAN INSURANCE GIOMPANY The number of persons authorized by this power of attorney is not more than No. 0 13287 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertakingor contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL D. STONG OF RIVERSIDE, CALIFORNIA ALL MICHAEL A. QUIGLEY OF IRVINE, CALIFORNIA UNLIMITED CARRIE L. PRICE OF RIVERSIDE, CALIFORNIA JENNIFER JOHNSTON OF IRVINE, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20th day of June ,19 91 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 20th day of June, 1991 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -fn -Fact to execute in behalf of the Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 20TH day of JANUARY 19 93 cm ?one ma /c i ft EMPLOYERS REINSURANCE CORPORATION 520OMetca /f P.O. Box2991 Ouer/andPaik, Kansas 66201 -1391 (913) 676 -5200 Facsimile (913) 676 -5221 REINSURANCE CERTIFICATE AeiEF� We do hereby certify that as of the date specified herein there is in effect certain Liability Excess Reinsurance Agreements between Employers Reinsurance Corporation (hereafter the CORPORATION) and Northwestern National Insurance Company (hereafter the REINSURED) which affords indemnity to the REINSURED in excess of $500,000 each occurrence up to a maximum limit of $5,000,000 each occurrence. Said reinsurance agreement is written on a continuous basis subject to termination by mutual consent of the parties or by either party individually upon 90 days' registered mail notice to the other party. While this Certificate does not confer any rights under the reinsurance agreement upon the Certificate holder, the CORPORATION will endeavor to give 30 days' notice to the Certificate holder of termination of the said reinsurance agreement. The statement of reinsurance provided by this Certificate is subject to the terms, conditions and limitations in said reinsurance agreement and this Certificate does not amend, extend or otherwise alter any such terms, conditions or limitations. DATE OF CERTIFICATE: POLICY NUMBER: CERTIFICATE HOLDER: INSURED: ADDITIONAL INSURED: EMPLOYERS REINSURANCE CORPORATION BY Tit Underwriter Casualty Treaty Department 09/01/92 to 09/01/93 BCP 2226125 City of Newport Beach Office of the City Attorney P.O. Box 1768 Newport Beach, VA 92688 Park West Landscape, Inc. Tracy & Ryder Landscape, Inc. Traigh Corporation City of Newport Beach Contract #2924 Page 1C TIFICATE OF INSO' AN( PRODUCER COMPANIES AFFORDING COVERAGE SMITH, NE{JMAN S ADAHSON INSURANCE AGENCY, INC. COMPANY A 285 Imperial Hwy., Suite 104 LETTER PPOIPIC NATIONAL INSMANCE Fullerton, CA 92635 310 694 -2247 COMPANY B "REPLACES CERTIFICATE ISSUED INSURED LETTER 01/25/93" ','Y:bt RiD� LH'II�Y.APE 2242, 1 GII.�b, �, nlE "A!' COMPANY `^ LETTER RtLM SANTA 1ggCARITA, CA 926W COVERAGES`r 1aJ�' F:..., n r , �sN �p✓ • ,,:....', ±, 3• - +_k4, #.�wi ;,lS.r f'�u+, � {ae �' +� n.•. rv'Mri':: .rn. nl ,bc.4�»''ircardG., NAMED ABOVE FOR THE POLO PERIOD rHIS.S TO CER-IN THAT POLICIES OF WSURANCE L7STED BELOW kkvt BEEN' ISSUED TO THE INSURED NDCn7E0 NCINVrT 'ANDNG ANY REOUIRIMENT, TEAM OR C0N0r},'1N OF ANY ;ON'. ACT OR OVER 'DOCUMENT WITH RESPECT TO "ICH TMS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THEINSURANCE AfFC4'i)E0 B� THE POLICIES DESCRa BED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS, AND CONO(T%7NS OF SUCH POL.OES AND IS NO' A.IENDEO. E ?:•ENDED CA UTEREO BY THIS CEATIFICATE _ CO TYPE OF INSUANCE POLICY NUMBER EFEECTTV7GENEPAL ALL UM(TS IN THOUSANDS LT DATE GENERAL UASIUTY AGGREGATE f 1,000 (OCCURANCE BASIS ONLY) DMPLET F.O t A COMMI IICW 222617`) 09 (1 /I/SIC .. COMPREH(NSNE ONS AGGREGATE 1.0W PEFISOPUL INJURY S 1,000 GROTRS�ECONTACTORS CD COWrRACTUAL FOR SPECIFIC 1,000 CONTRACT Q PRODUCTS /COMPL OPER. EACH OCCURANCE t xCU HAZARDS f BROAD FORM PROP. DAMAGE I SEVERA.&UTY OF INTEREST FAA ONE FIRE) CLAUSE O PERSONAL INJURY WTTH EMPLOYEE OCCLUSION MEDICAL EXPENSES S 5 REMOVED ANY ONE PERSON) MARINE COMBINED I UASILfrY EHENS,VE HCP 2226125 109/01/92 09/01/93 LE UMFf 1,000 CMPRA BODILY INJURY s r' OWNED ! (PER PERSON ��?J 8~00( YINJURY ! MIRED 1 (PER ACCIDENT) - •�P �� PROPERTY �NON-OWNED DAMAGE EXCESS UABILfTY '"''icy, al l EACH OCCURRENCE AGGREGATE UMBRELLA FORM rl OT)IER THAN UMBRELLA FORM I ,;. y.: ^.'.('. + ;•i'� "'.J" f S'.ATUTORV WORKERS' COMPENSATION � 2221820 ,09/01/92 09 /01/9 S 1,000 EACH ACCIDENT A S DISEASE •POLICY LIAR AND EMPLOYERS' LIABILITY $ 1,000 DISEASE•EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR STATUTORY r :+ "�y4d!» i WORKERS' COMPENSATION I DESCRLFI)ON OF OPERATIONS /LOCATbN AeEHICLES /RES7RICT!ONS,SPECAL ITEMS: AUL OPERATION$ PERFORMED FOR THE CRY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION W'fP'H'.HE FOLLOWINO CONTRACT' Corona del Mar Median Landsr C -2_924 PROJECT TITLE AND CONTACT N MBER CERTIFICAT E' HOLDER! ;�.�:r�,Mr��� "fir, ?r,�r.. ;»,..., �a•. ',.y, '.CANCELLATION '. . ,,, ,,)•a, S+.JrI.D AV" L/ T}je AS,.- DESCRIBED POLICIES BE NON RENL�Y EII CITY OF NEWPORT BEACH rLLEL OR CC EA3F. PtDUCED BEFORE IKE E%P,PATION DATE THE P.O. BOX 1768 COMPANY A,'FORDING CO ✓ERAGE SHALL PROVIDE X DAYS MIN ADVANCE 3300 NEWPORT BLVD, NOTICE TO THE CrrY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA. 92659 -1768 I ATTENTION. 03/02/93 .2P� l! ,c1 ! 7�?: —o%i — A•.. ?I10RL?EO PF.PRESENTAIN SSVE DAIE • • Page 11 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named 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 insureds) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach 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 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. 5. 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: (X) Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence $ 1,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 5/91 • • Page 11A 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 the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 3o days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Corona del Mar Median Landscape C -2924 This endorsement is effective 01/25/93 at 12:01 a.m. and forms a part of Policy No. " 2226129 of Pm-n rr .,gy=m naamAR7 (Company Affording Coverage). Insured: TMGY & R)M LANDWAM Endorsement No. Smith, Newman & Adamson ISSUING COMPANY Insurance Agency, Inc. 285 Imperial Hwy., Suite 104 Fullerton, CA 92635 (310) 694 -2247 (714) 773 -4084 By: Authorized Representative 5/91 LI • Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. with respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with 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 in 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 insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach 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: ( ) Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ (x) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 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 accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 5/91 Page 12A 4. 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 Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Coronad Median lander - Lr_ F& L Pro ect T tle and Contract to. This endorsement is effective 01/25/93 at 12:01 a.m. and forms a part of Policy No. 12222filZL_ of PACIFIC NATrOhnt. miamarlg (Company Affording Coverage). Insured: TUCY 6 KMM LNESCM Endorsement No.: Smith, Newman & Adamson ISSUING COMPANY Insurance Agency, Inc. 285 Imperial Hwy., Suite 104 Fullerton, CA 92635 �� (310) 694 -2247 (714) 773 -4084 By: �.G%. � diI'K.�hw' Authorized Representative s /9i • • Page 13 "I am aware of the provisions of Section 3700 of the Tabor 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." Jan 12, 1993 Date C -2924 Contract Number sis1 Tracy & Ryder Landscape, Inc. Name of Contractor (Principal) U Authoriz ignature and le Bart Ryder, Wice President Page 14 CONTRACT THIS AGREEMENT, entered into this �_ day of v , 19D, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Tracv & R der Landsca a Inc. , hereinafter "Contractor," is made with reference to the follow ng facts: A. City has heretofore advertised for bids for the following described public work: r n d 1 r edian Lands a c -2924 Title of Pro in 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: Corona del Mar Median Landscape C -2924 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 One Hundred Twenty-Five Thousand Six Hundred Dollars ($ 125,600.00 ). This compensat on 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. 5191 • • 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) (b) (c) (d) (e) (f) (g) (h) Notice Inviting Bids Instructions to Bidders and documents referenced therein Payment Bond Faithful Performance Bond Certificate of Insurance and Endorsement(s) Plans and Special Provisions for Corona del Mar Median Lands4aoa Title of Project This Contract Standard Specifications Construction (current Edition) C.-2924 Contract No. of Public Works 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. CITY OF NEWPORT BEACH A M ipal Corporation ayor AS 416 FORM: f Tracy & Ryder Landscape, Inc. Name of Contractor ATTEST: /i�US d6k,,�f. CITY CLERK Authorizeq Signature and Title Bart Ryder, Vice President 5/91 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORONA DEL MAR MEDIAN LANDSCAPE CONTRACT NO. C -2924 Section Page No. SP -9 I. SCOPE OF WORK SP -1 II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK SP -1 III. CLASSIFICATION OF CONTRACTOR'S LICENSE SP -1 IV. PERMITS SP -2 V. PAYMENT SP -2 VI. PUBLIC AND CONVENIENCE AND TRAFFIC CONTROL SP -2 H. A. Traffic Control Plans SP -2 I. B. Lane Closures SP -2 VII. IRRIGATION SP -3 A. General SP -3 B. Explanation of Drawings SP -3 C. Manufacturer's Specifications SP -3 D. Submittals SP -3 E. Controller Charts SP -5 F. Operation and Maintenance Manuals SP -5 G. Water Supply SP -6 H. Electrical Supply SP -6 I. Trenching SP -6 J. Backfill SP -7 K. Assemblies SP -7 L. Automatic Controller SP -7 M. Service SP -8 N. Field Quality Control SP -8 VIII. PLANTING Agm A. General SP -9 B. Submittals SP -9 C. Samples and Testing SP -9 D. Storage and Handling SP -10 E. Maintenance Period SP -11 F. Guarantee SP -11 G. Plant Materials SP -11 H. Soil Amendments and Fertilizers SP -12 I. Installation Procedures SP -15 SP 1 of 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR CORONA DEL MAR MEDIAN LANDSCAPE CONTRACT NO. 2924 I. SCOPE OF WORK The work to be done under this contract consists of (1) constructing concrete headers; (2) installing an automatic irrigation system; and (3) soil preparation and planting. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. R- 5662 -5, (3) the City's Standard Special Provisions and Standard Drawings Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. COMPLETIONo SCHEDULE AND PROSECUTION OF WORK No work shall begin until a schedule of work and a traffic control plan have been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. The following requirements shall be incorporated into the schedule: A. All work under this contact, excluding the maintenance period, shall be completed within forty -five (45) consecutive calendar days from the day of commencement of work set by the City. B. No work shall be permitted on Saturdays, Sundays, legal holidays and evening hours (between 6:30 P.M. and 7:00 A.M.) without the Engineer's approval. III. CLASSIFICATION OF CONTRACTOR'S LICENSE At the time of award the Contractor shall possess a General Engineering Contractor A license or Landscape Contractor C -27 license. • • SP 2 of 19 Prior to the start of work and until the completion of the work, the Contractor shall possess a Business License issued by the City of Newport Beach. IV. PERMITS The City has obtained an encroachment permit from Caltrans for this project. The contractor shall be required to make himself aware of and shall comply with the conditions of the permit. See Appendix A. Upon execution of contract documents and prior to start of construction, the contractor shall obtain a rider to the encroachment permit from Caltrans and pay the required fee in the amount of $1,365. Compensation for the fees paid shall be included in the cost of other items of work and no additional compensation shall be allowed therefor. V. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no further additional allowance will be made therefore. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit prices bid for items of work. VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the CALTRANS Manual of Traffic Controls for Construction and Maintenance Zones, 1990 Edition. A. Traffic Control Plans The Contractor shall submit a written traffic control plan to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. B. Lane Closures No lane closures will be permitted during the hours: Eastbound 3:00 p.m to 6:00 P.M. Westbound 6:00 a.m to 9:00 a.m. Lane closures shall be in compliance with Figure 5- 9, Typical Lane Closure (See Appendix B), and shall be approved by the Engineer 24 hours prior to need. VII. IRRIGATION A. General • SP 3 of 19 The work performed in connection with highway planting and irrigation systems shall conform to the provisions in Section 212, " Landscape and Irrigation Material ", Section 308, "Landscape and Irrigation Installation," of the Standard Specifications and these special provisions. B. 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. The contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. 2. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting and architectural features. 3. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer as soon as possible. In the event this notification is not performed, the Contractor shall assume full responsibility for any revision necessary. C. Manufacturer's specifications Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used furnish directions covering points not shown in the drawings or specifications. D. Submittals 1. Material a. Submit manufacturer's literature on products and materials to be installed in this work. C. Manufacturer's warranties shall not relieve the contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 2. Record Drawing (As- Builts) a. The Contractor shall provide and keep up to date a complete set of "as built" drawings indicating locations, sizes, and kinds of equipment installed. Prints for this purpose may be obtained from the Engineer. This set of drawings shall be kept on the site and shall be used only as a record set. b. These drawings shall also serve as work progress sheets, and the Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location designated by the Engineer. C. Before the date of the final inspection, the Contractor shall transfer all information from the "as built" prints to an ozalid mylar, procured from the Engineer. All work shall be neat, in ink, and subject to the approval of the Engineer. d. The Contractor shall dimension from two (2) permanent points of reference (concrete edging, median ends, or road intersections, etc.) the location of the following items: 1. Connection to existing water lines. 2. Connection to existing electrical power. 3. Gate valves. 4. Routing of sprinkler pressure lines (dimension max. 50' along routing). 5. Significant changes in routing of lateral lines from those indicated on plans. 6. Sprinkler control valves. 7. Routing of control wiring. S. Quick coupling valves. 9. Other related equipment as directed by the Engineer. SP 4 of 19 • . 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. C. Manufacturer's warranties shall not relieve the contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 2. Record Drawing (As- Builts) a. The Contractor shall provide and keep up to date a complete set of "as built" drawings indicating locations, sizes, and kinds of equipment installed. Prints for this purpose may be obtained from the Engineer. This set of drawings shall be kept on the site and shall be used only as a record set. b. These drawings shall also serve as work progress sheets, and the Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location designated by the Engineer. C. Before the date of the final inspection, the Contractor shall transfer all information from the "as built" prints to an ozalid mylar, procured from the Engineer. All work shall be neat, in ink, and subject to the approval of the Engineer. d. The Contractor shall dimension from two (2) permanent points of reference (concrete edging, median ends, or road intersections, etc.) the location of the following items: 1. Connection to existing water lines. 2. Connection to existing electrical power. 3. Gate valves. 4. Routing of sprinkler pressure lines (dimension max. 50' along routing). 5. Significant changes in routing of lateral lines from those indicated on plans. 6. Sprinkler control valves. 7. Routing of control wiring. S. Quick coupling valves. 9. Other related equipment as directed by the Engineer. • • SP 5 of 19 e. on or before the date of the final acceptance of improvements, the Contractor shall deliver one (1) set of mylars of as -built plans to the Engineer. Delivery of the mylars relieve the contractor of the responsibility of furnishing required information that may be omitted from the prints. E. Controller Charts 1. As -built drawings shall be approved by the Engineer before controller charts are prepared. 2. Provide one controller chart for each controller supplied. 3. The chart shall show the area controlled by the automatic controller and shall be the maximum size which the controller enclosure door will allow. 4. The chart is to be a reduced drawing of the actual as -built system. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a readable size. 5. The chart shall be a blackline ozalid print and a different color shall be used to indicate the area of coverage for each station. 6. When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 10 mils thick. 7. These charts shall be completed and approved prior to final inspection of the irrigation system. B. Submit approved controller charts to the Engineer. F. Operation and Maintenance Manuals 1. The Contractor shall prepare and deliver to the Engineer prior to acceptance of improvements two hard cover binders with three rings containing the following information. a. Index sheet stating Contractor's address and telephone number, list of equipment with names and addresses of local manufacturer's representatives. Ce7 E. • • SP 6 of 19 b. Catalog and parts sheets on every type of material and equipment installed. C. Guarantee statement. d. Complete operating and maintenance instructions on all major equipment. e. Spare parts lists and related manufacturer information for all equipment. 2. In addition to the above mentioned maintenance manuals, the contractor shall provide the City's maintenance personnel with specific instructions for major equipment. Water Supply 1. Irrigation system shall be connected to water supply points of connection as indicated on the drawings. 2. Connections shall be made at approximate locations as shown on drawings. Contractor is responsible for minor changes caused by actual site conditions. Connection will be made by Contractor in coordination with the City's Water Department. Electrical Supply 1. All electrical connections required for the completion of the project shall be made per local codes and ordinances. 2. Electrical connections for automatic controller shall be made to electrical points of connection as indicated on the drawings. 3. Final location of all electrical connections shall be approved by the Engineer prior to making any connections. I. Trenching 1. Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching, excavating shall follow layout indicated on drawings and as noted. 2. Provide for a minimum of eighteen (18) inches cover for all pressure supply lines 2 -1/2 inches and smaller. J. K. • • SP 7 of 19 3. Provide for a minimum cover of twelve (12) inches for all non - pressure lines. 4. Provide for a minimum cover of eighteen (18) inches (or at same depth as mainline) for all control wiring. Backf ill 1. Do not backfill until required tests have been successfully performed and witnessed. 2. Initially place fine granular material backfill on all lines. No foreign matter larger than 1/2 inch will be permitted in the initial backfill. 3. Flooding of trenches will be permitted only with prior approval. 4. If settlement occurs and subsequent adjustments in pipes, valves, sprinklers heads, lawn or planting, or other construction are necessary, make adjustments without cost to the City. Assemblies 1. install irrigation lines following approximate routing shown on drawings. 2. Install all assemblies specified herein in accordance with respective 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 the Engineer. 3. Install NO multiple assemblies on plastic lines. Provide each assembly with its own outlet. 4. On P.V.C. to metal connections, the contractor shall work the metal connections first. Actual P.V.C. to metal connections shall only be accomplished by P.V.C. male adapters screwed into metal female fittings. Teflon tape or approved equal shall be used. 5. Thoroughly clean P.V.C. pipe and fittings of dirt, dust, and moisture for installation and solvent welding. L. Automatic Controller 1. Install as per manufacturer's instructions. Remote control valves shall be connected to • . SP 8 of 19 controller in numerical sequence as shown on the drawings. 2. The exact location of the controller shall be approved by the Engineer before installation. The electrical service shall be coordinated with this location. 3. The controller shall be programmed to operate the irrigation system during period of minimal use of the design area. M. service 1. 120 volt power connection from the Edison vault to the automatic controller shall be provided by the contractor. 2. All electrical work shall conform to local codes, ordinances, and authorities having jurisdiction. See Appendix C for Edison requirements. M. Field Quality Control. 1. Adjusting the system: a. Adjust sprinkler heads for optimum performance and to prevent overspray onto walks and roadways. b. If it is determined that adjustments in the irrigation equipment can make the system more effective, make the approved adjustments prior to planting. Adjustments could also mean changes in nozzle sizes and degrees of arc. C. The entire system shall be operating properly before any planting operations commence. 2. Testing of irrigation system: a. The contractor shall request the presence of the Engineer at least 48 hours (two working days) in advance of testing. b. Test all pressure lines under hydrostatic pressure of 150 pounds per square inch and prove watertight. C. Testing of pressure main lines shall occur prior to installation of electric control valves. d. All piping under paved areas shall be tested under hydrostatic pressure of 150 • • SP 9 of 19 pounds per square inch and proved watertight prior to paving installation. e. Sustain pressure in the lines for not less than four (4) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. f. All hydrostatic tests shall be made only in the presence of the Engineer. No pipe shall be backfilled until it has been inspected, tested, and approved. g. Furnish necessary force pump and all other test equipment. Disconnect pump after pressure has been established. h. When the sprinkler irrigation system is completed, perform a coverage test to determine if the water coverage for planting areas is complete and adequate. Correct inadequacies due to deviations from drawings, or where the system has willfully been installed without bringing possible deficiencies to the attention of the Engineer in advance. Perform these tests prior to planting of groundcovers. VIII. PLANTING A. General The work performed in connection with highway planting and irrigation systems shall conform to the provisions in Section 212, " Landscape and Irrigation Material ", Section 308, "Landscape and Irrigation Installation," of the Standard Specifications and these special provisions. B. Submittals 1. Submit specifications and product information on items being used on the project. 2. Prior to job acceptance, written certifications shall be submitted to the city for the following: a. Quantity and quality of commercial fertilizer and organic fertilizer. b. Quantity and quality of all soil amendments called for by plans and specifications. C. samples and Testing 1. The City reserves the right to take and D. • • SP 10 of 19 analyze samples of materials for conformity to specifications. Provide samples for testing upon request. Remove rejected materials from the site immediately upon rejection at no additional cost. Testing costs shall be paid for by the city if materials prove to be in compliance with the specifications. 2. After completion of fine grading and prior to soil preparation, the Contractor may be required to obtain agronomic soils tests for all planting areas. Tests shall be performed by an approved agronomic soils testing laboratory and shall include a fertility and suitability analysis with written recommendations upon approval of the City for soil amendment, fertilizer, and chemical conditioner application rates for soil preparation, planting backfill mix, auger hole requirements, and post maintenance fertilization program. The soils report recommendations shall take precedence over the minimum amendment and fertilizer application rates specified herein only when they exceed the specified minimums. Storage and Handling 1. Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state laws. All containers, bags, etc., shall remain on site until project is completed and accepted by the City. 2. Notify the City seven days in advance of delivery of plant materials and submit itemization of plants in each delivery. 3. Deliver plants with legible identification labels. Label trees, bundles of containers of like shrub and ground cover plants. State correct plant name and size. 4. All plants shall be handled and stored so that they are adequately protected from drying out, from wind burn, or from any other injury. 5. Exercise care in handling, loading, unloading, and storing of plant materials. Replace damaged materials. 6. Maintain and protect plant material not to be planted within four hours, in a healthy, vigorous condition. • • SP 11 of 19 B. Maintenance Period 1. All areas landscaped by the contractor under this contract shall be maintained by him for a period of not less than forty five (45) days from the date of completion and written acceptance by the City. 2. Maintenance period shall not start until all elements of the project and the plant establishment period is completed. 3. Written approval by the Engineer must be obtained prior to the beginning of the maintenance period. 4. If the project maintenance fails to continuously meet standards required for start of maintenance, the maintenance period shall be suspended and shall recommence only after the Contractor has corrected deficiencies. 5. On completion of the forty five (45) maintenance period and meeting of the criteria required for the start of maintenance, the City will inspect the project. 6. Deficiencies noted during inspection shall extend the maintenance period until all are corrected. 7. End of maintenance shall occur only on written acceptance by the Engineer. F. Guarantee 1. All plants that show signs of failing growth at any time during the life of the contract, including the maintenance period or those plants so injured or damaged as to render them unsuitable for the purpose intended, shall be immediately replaced in kind and size at the expense of the Contractor. The Contractor, within five days of notification by the City, shall remove and replace all guaranteed plant materials which for any reason fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting, and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. G. Plant Materials 1. Sizes of Plants: • • SP 12 of 19 a. Plant materials shall be as stated on the plan. Container stock (1 gallon, 5 gallon, and 15 gallon) shall have been grown in containers for at least one (1) year, but not over two (2) years. b. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock, or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform with the measurements, if any, specified on the drawings in the list of plants to be furnished. Plants larger in size than specified may be used with the approval of the city, but the use of larger plants will make not change in contract price. The height and spread of all plant material shall be measured with branches in their normal position, and shall be as indicated on the drawings. The caliper of all trees shall be measured 4' -0" above the surface of the ground. Where caliper or other dimensions of any plant materials are omitted from the "Plant Legend", it shall be understood that these plant materials shall be normal stock for type listed. S. soil Amendments and Fertilizers 1. Organic soil amendments derived from redwood or fir, granular in nature, stabilized with nitrogen, and having the following properties: a. Organic content - minimum 90% by weight; b. Nitrogen content - 0.5% based on dry weight for redwood sawdust, 0.7% based on dry weight for fir sawdust, 1.0% based on dry weight for fir bark. Note: Pine sawdust is not acceptable. C. Particle size: 95 to 100 percent passing 2.33 mm standard sieve. d. Salinity: Ensure that saturation extract conductivity does not exceed 3.5 millions per centimeter at 25 degrees C. as determined by saturation extract method. e. Iron content - Minimum 0.08 percent dilute acid soluble Fe on dry weight basis. • 2. • SP 13 of 19 f. Ash - O to 6 percent (dry weight). Soil Amendments a. Soil sulfur - Agricultural grade sulfur containing minimum of 99 percent sulfur (expressed as elemental). b. Iron sulfate - 20 percent iron (expressed at metallic iron), derived from ferric and ferrous- sulphate, 10 percent sulfur (expressed as elemental). C. Calcium carbonate - 95 percent lime as derived from oyster shells. d. Gypsum - Agricultural grade product containing 90 percent minimum calcium sulphate. e. Polymer - A water absorbant gel as manufactured by Aquatrols or Terra Sorb. f. Fine sand - Clean, natural fine sand free from deleterious material, weed seed, clay balls, or rock with minimum of 95 percent passing a No. 4 sieve and maximum of 10 percent passing a No. 100 sieve. 3. Fertilizer a. Planting fertilizer granular form consisting percents by weight commercial fertilizer nitrogen, 20 - phospl potash. Pelleted or of the following and mixed by supplier: 6 - oric acid, 20- b. "Gro- Power -Plus" fertilizer - Provide "Gro -Power Plus (bacteria included) with soil penetrant and consisting of the following percents by weight: 5 - nitrogen, 3 - phosphoric acid, 1 - potash, 50 - humus, 15 - humic acid, 1.25% soil penetrant. C. Planting tablets - Provide slo- release type/ percents by weight of nutrients listed: 1- nitrogen, 8- phosphoric acid, 8- potash, 3.5- commercial sulphur, 2.00 - iron (elemental) from ferrous sulfate. Provide in 7 gram tablets manufactured by S.C.O.F. or other approved. • • SP 14 of 19 d. Single super - phosphate - Commercial product containing 18 to 20 percent available Phosphoric Pentoxide or other approved. e. Calcium nitrate - Agricultural grade containing 15.5% nitrogen. 4. Import Topsoil Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses or other vegetation and shall be obtained from natural well drained areas. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. The source of topsoil shall be free from Bermuda grass, crab grass and all noxious weeds or grasses. The topsoil shall be free from subsoil, refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. 5. Mulch Provide Walk -On Bark consisting of fibrous, woody bark mixture of varied particle size such that 90 to 100 percent passes 1 inch sieve, 80 to 100 percent passes 1/2 inch sieve, and 20 to 60 percent passed 1/4 inch sieve. 6. Pesticides and Herbicides a. All chemicals used for weed control shall be registered by the State of California Department of Food and Agriculture and the Environmental Protection Agency with registration identification on the label and present at all times. b. All chemicals shall be applied as per registered label instruction and manufacturer's recommendations. C. Chemicals requiring a licensed applicator must be applied by persons registered with the County of orange Department of Agriculture's Commissioner's Office as owning a current, valid, qualified pest control applicator's license. d. The use of any restricted materials is forbidden unless a special use permit is • • SP 15 of 19 obtained from the County of Orange Department of Agriculture. I. Installation Procedures Soil Preparation a. The contractor shall secure and pay for an agronomic soils test with analysis and soil preparation recommendations prior to beginning the work in this section. Soils tests shall be reviewed by the engineer for required alterations to the soil amendments previously specified. b. After proper finished grades have been established, condition and fertilize soil in the following manner: 1. In all planting areas with gradients less than 2:1, a layer of soil amendments shall be uniformly spread and cultivated by means of mechanical tiller into the top 6 inches of soil, or as recommended by the soils report, so that the soil shall be loose, friable, and free from rocks, sticks, and other objects undesirable to planting. 2. Planting areas with slopes 2:1 and steeper shall not be soil prepared. 3. The following soil amendments shall be added per 1,000 square feet to all planting areas with gradients less than 2:1 (agronomic soil test recommendations shall take precedence where these minimum amounts are exceeded): Organic amendment 3 cubic yards Gro -Power Plus 200 pounds Agricultural Gypsum 100 pounds Polymer 2 pounds 2. Planting Installation a General Perform actual planting only during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved. Confirm location and depth of underground utilities and I • • SP 16 of 19 obstructions. If underground construction or utility lines are encountered in the excavation of planting areas, other locations for planting may be selected by the Engineer. 3. Accomplish layout with flagged grade stakes indicating plant names and specified container size on each stake. 4. Mark locations for plants and outlines of areas to be planted before any plant pits are dug. 5. Distribute in planting areas only as many plants as can be planted and watered that same day. b. Tree and Shrub Planting 1. Strip and stack approved excavation for planting which is encountered within areas for trenches, tree holes, plant pits and planting beds. 2. Shape planting excavations with vertical sides and flat bottom; square for box materials, circular for canned materials. 3. Cut cans on two sides with acceptable can cutter only. Do not injure rootball. Superficially cut edge roots with knife on three sides after removing from can. 4. Center plant in pit or trench. Face plants with fullest growth into prevailing wind. Set plant plumb and hold rigidly in position until soil has been tamped firmly around ball or roots. 5. Remove bottom of plant boxes before planting. Remove sides without damage to rootball after positioning plant and partially backfilling. 6. Backfill container plants with: 6 parts by volume on -site soil 4 parts by volume organic amendment 18 pounds "Gro -Power Plus" per cubic yard of mix or approved equal ` • • SP 17 of 19 1 pound iron sulphate per cubic yard of mix 1 pound "Supersorb -C" or equal per cubic yard of mix. 7. Raise all plants which settle deeper than the surrounding grade. After plant has been placed, add sufficient backf ill to hole to cover approximately 1/2 of rootball. Add water to the top and thoroughly saturate root -ball and adjacent soil. 8. After water has completely drained, place planting tablets: 3 tablets per 1 gallon container 8 tablets per 5 gallon container 4 tablets per 15 gallon container 16 tablets per 24 inch box 8 tablets per 30 inch box 20 tablets per 36 inch box 22 tablets per 42 inch box 24 tablets per 48 inch and larger boxes Set planting tablets with each plant on top of rootball while plants are still in their containers so the required number of tablets can be verified. 9. Backfill remainder of hole and tamp firm. Construct an earthen basin around each plant after backfilling. Provide basin of depth sufficient to hold at least 2 inches of water. Construct basins with amended backfill. Remove basin in all turf areas after the plant establishment period. 10. Immediately after planting, apply water to each tree and shrub. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist well below the root system. 11. Limit pruning to minimum necessary to remove injured twigs and branches never exceeding 1/3 or branching structure. Pruning may not be done prior to delivery of plants. Paint cuts over 3/4 inch in diameter with ' • • SP 1S of 19 tree paint. 12. All trees (Palms excepted) shall be double staked or guyed immediately after planting. All trees 24" box or larger shall be guyed except when guying is impossible due to location, in which case they shall be double staked. 13. All trees located adjacent to walks, walls, paving or near buildings shall be planted with root control barriers. All street trees shall be planted with root control barriers per city requirements. 14. Protect areas from excessive compaction when trucking plants or other materials to planting areas. 15. Remove from site, excess soil generated from planting holds and not used for backfilling. C. Groundcover Grow groundcovers in flats and ensure they remain in the flats until transplanting. Flat's soil must contain sufficient moisture so it will not fall apart when lifting plants. 2. Groundcover plants shall not be allowed to dry out before or while being planted. Roots shall not be exposed to the air except while actually being placed in the ground. Wilted plants will not be accepted. 3. Plant groundcovers in straight rows evenly spaced unless otherwise directed, and at intervals required by drawings. Use triangular spacing unless otherwise noted on drawings. Plant each rooted plant with its proportionate amount of flat soil. Immediately water after plantings until entire area is soaked to full depth of each hole. 5. Protect plants from damage and trampling at all times. 6. Topdress all groundcover and shrub areas with 1 inch layer of approved ` r • • SP 19 of 19 bark mulch. D. Weed Abatement 1. If live perennial weeds exist on site at beginning of work, spray with a non- selective systemic contact herbicide as recommended and applied by an approved licensed pest control advisor and applicator. Leave sprayed plants intact for at least 15 days. 2. Clean and remove these existing weeds by mowing or grubbing off all plant parts at least 1/4 inch below the surface of the soil over the entire area to be planted. 3. Pre -plant weed control: After soil preparation and establishment of final grades prior to planting, irrigate for 2 to 3 weeks, or until weed seeds have germinated. Apply post emergent contact weed killer when sufficient weed germination exists. Wait an additional 2 weeks for weed killer to dissipate, then plant. Remove residual foliage and roots. Repeat as necessary. 4. Maintain weed free site until acceptance by City. APPENDIX A CALTRANS ENCROACHMENT PERMIT APPENDIX B FIGURE 5 -9 TYPICAL LANE CLOSURE (TRAFFIC CONTROL SYSTEM FOR MULTILANE CONVENTIONAL HIGHWAYS) 0 - 5 -48 TRAFFIC CONTROLS • Traffic Manual Figure 5 -9 TYPICAL LANE CLOSURE (TRAFFIC CONTROL SYSTEM FOR MULTILANE CONVENTIONAL HIGHWAYS) : VORK C23 (See note 3 thru 5) apv t (S raze li IW _ ar► F '1F 0 J / aE 2610 UNE a 0.620 No Scale D AxEAD (At.) C20 (Rt.) TABLE 1 APPROACH SPEED (MPH) TAPER LENGTH (L) * NUMBER OF CONES FOW TAPER* SPACING OF CONES ALONG TAPER (F ) ! 25 125 6 25 30 180 7 30 35 245 8 35 40 320 9 40 45 540 13 45 50 600 13 50 50+ 1 1000 1 21 50 11020 ,t022 C14 (See note 6) Legend: F sign • Cone or Portable Delineator 22a► Direction of Traffic Q Flashing Arrow Sign (Optional) NOTES: Taper formula: L = S x W for speeds of 45 or more. L = WS 2 for speeds of 40 or less. so Where: L = Minimum length of taper. S = Numerical value of posted ( *) Based on 12 -foot wide lane. This column Is also appropriate for lane widths speed limit prior to work or less than 12 feel. 85 percentile speed. W = Width of offset. SPECIAL NOTE: Field conditions could require deviations from these plans and accompanying notes. NOTES: 1. This plan does not apply where there are emergency conditions. Under emergency condi- tions, equipment and personnel which are available should be utilized to implement a closure even though such closure does not meet the standards contained in this plan. As equip- ment or personnel become available an im- mediate effort should then be made to implement the standards shown on this plan. 2. Where approach speeds are low, signs may be placed at 300 feet spacings, and even closer in urban areas. 3. All advance warning signs shall be 48' x 48' minimum on highways with approach speeds of 45 mph or more. When speeds are less than 45 mph the C23 sign shall be 30' x 30' minimum; other advance warning signs shall be 36" x 36' minimum. (See Note 5) 4. All warning signs for night closures shall be either Illuminated or reflectorized. S. A C18 "ROAD CONSTRUCTION AHEAD" sign may be used in lieu of the C23. (See Note 3) 6. A C13 "END CONSTRUCTION" sign, as ap- propriate, may be used in lieu of the C14. The sign Is optional if the end of work zone Is obvious or falls within a larger project limit. 7. Warning (W) series signs used In work zones shall be black on orange. Existing yellow warn- ing signs already in place within these areas may remain in use. 8. Pavement markings for closures shall conform to Section 5 -05 of this manual. 9. All cones shall be internally Illuminated or fined with reflective white sleeves for night closures (See Section 5- 03.3). 10. The maximum spacing between channelizing devices in a taper should be approximately equal In feet to the speed limit. (Sea Table 1) I I APPENDIX C EDISON REQUIRE14ENTS . r Z-) Q !/11 SEit .. tl/cSi o sroEc�4C/c a y�o/1s'T h'LgW�'T� 6yy33 /i »r�/v rr cflL T /�yivJ / '"'L TG ,W rzs2 G O/3S7- 0 I PLAN SHOWING PROPOSED ELECTRIC UNDERGROUND LAYOUT ISTOMEn HIM: SCUI:nNLL 441 ryc fOR CUSTOMER INSTALLATION T t/7• A r Uucl • 16' SNU:n 4' DUCT • 40' SUM'S SCHEDULE nU SNCC' AT HISCII POLE wnn1UNG UNDrnGDOUNDSEnVICGALIEnT • IIUCT ITT nC MINIMIIN )n• IILLUU 1'111151iCn r.MU[ Tlu on•.ur rnnnd. .n wrin muurry lw .•.la IIISI AI.L 1 14' 1•ULT 1•ULL Ilnl'L III 111101 rn11 �_ «•��„N,,,wJ..n...•w l..Hln.. wl•ISf••....•..Ir lw 1-000-422-4133 HMIIINELL I KI: In to Cunt w•Arnu 1e beHlp.r lw lA..N..IL1 11ucl KIIST nE tnsr[Citn nr.rnnC nACKft1.1.I11G wry w. f• DUCT MUST UL MAIIUIICLLCD AFIC11 IIACKFILI AWIpbJlsulw••NCJbowunJUpw•W 1«11Nbr, r. CHII USAISC • ou.lJw, u. 4d60.N N 4.. «w•1., A...•..., u.. for Undecaround Locellno OTCs A 411- Itnlln AlITA11CC NOTICE IS nr.gUlllr.n Tell liw•IJwrmWUn.nl ..•u l.wrJen••nJ rL. <n.IN q WorAlno Dwy neon• You Dlo IIUL116NUDNU 111i1•CCTIUN. CHOW SCL IIISHlC1ulU ••w•1•me•...•yM 1•.IwJ.•bn.•u.r•.n . le:rry Wnw KIHK TAUCIIJCC (114) UIS -0770 ouvu «. ww.uw fwmww CN11 «d. (Ab.wCww•wy atCAI,6a r.-r.r•O wwr. l /•. nCCAL J2, \Nhl.li; J11/1 NAME; 7UIICMAN: DISTIIICT:ORnNGC COAST �ci <c c;r7rL a JOII LOCATION: IIIUL'N I PIC: JUAIC SENT TO 11AN: JOIST. SKETCII M -Z Do c NU.: UM-CSD 140 IIEUUIIIED T.L.AA DATA% g OKAWN n YES NO SITE KVA Or T. lO AO —� .A. N11.: 1:11111 NO. TIIUMAS MAP F.KIST. W(IIIKEI/ IIT: MAP 1.1101•. NU: 1. /•ILO w.%1.: - VOLTAO[ OnnP RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. December 22, 1992. DISCUSSION: This project provides for landscaping the median islands on Coast Highway from Marguerite Avenue to the easterly • City limits. The landscaping to be installed will be similar to that installed on Coast Highway between MacArthur Boulevard and Jamboree Road. The landscaping will include Windmill Palms, Mediterranean Fan Palms, Lily of the Nile and various shrubs and groundcovers. At the Marguerite Avenue median, the Corona del Mar Chamber of Commerce will donate some topiary sculptures (dolphins) for inclusion into the landscape scheme. The City has applied for a Caltrans Encroachment Permit with the stipulation that the City will maintain the landscape within the State right -of -way. The Landscape Architect's construction estimate is $125,000. Sufficient funds to award the project have been budgeted. The proposed project is Categorically Exempt (Class lc) from the provisions of CEQA (existing facility). The plans and specifications were prepared by Robert L. Pedersen & Associates. The contract should be completed by March • 31, 1993. Benjamin B. Nolan Public Works Director HH:so BY THE CITY CO UPi CIL CITY OF NEWPORT I November 23, 1992 L CITY COUNCIL AGENDA • _ _____..... APPROVED, ITEM NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COAST HIGHWAY MEDIAN LANDSCAPING IN CORONA DEL MAR (C -2924) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. December 22, 1992. DISCUSSION: This project provides for landscaping the median islands on Coast Highway from Marguerite Avenue to the easterly • City limits. The landscaping to be installed will be similar to that installed on Coast Highway between MacArthur Boulevard and Jamboree Road. The landscaping will include Windmill Palms, Mediterranean Fan Palms, Lily of the Nile and various shrubs and groundcovers. At the Marguerite Avenue median, the Corona del Mar Chamber of Commerce will donate some topiary sculptures (dolphins) for inclusion into the landscape scheme. The City has applied for a Caltrans Encroachment Permit with the stipulation that the City will maintain the landscape within the State right -of -way. The Landscape Architect's construction estimate is $125,000. Sufficient funds to award the project have been budgeted. The proposed project is Categorically Exempt (Class lc) from the provisions of CEQA (existing facility). The plans and specifications were prepared by Robert L. Pedersen & Associates. The contract should be completed by March • 31, 1993. Benjamin B. Nolan Public Works Director HH:so i Aulhonzed to Publish Advertisements of all Wnds Including public notices by Decree of the Superior court of Orange County, California, 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 party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH —COSTA MESA DAILY 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: December 5, 9, 1992 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 9 ,199 9 at Costa( esa, California Signature • PUBLIC NOTICE NOTICE INVITING BIDS Sealed bids may be Is, calved at the office of the a.m. on of Wanda E. Naggio,' City Clark, Prospective bidders mgyl obtain one set of bid docu -' ments at no cost at the of- fice of the Public Works Department, 3300 Newport; Baulevatd- P.O. Box 1768. Newport Beach, CA 92659- 1768. For further Intonate• tion; call Horst Hlawaty (Project Manager) at 6443311. Published Newport Beach -Costa Mesa Daily Pilot December S, 9, 1992. SaW817 PROOF OF PUBLICATION j8 0 TO: City Clerk FROM: Public Works Department SUBJECT: CDM LANDSCAPE. 0 COUNCIL i. November 18, 1992 Enclosed for Council distribution are eight (8) copies of a revitalization plan for the Corona Del Mar area. This is an informational item to be placed with Agenda Item 14. Horst Hlawal- Project Manager HH:so Enclosure November 17, 1992 i '16 -N WINI Corona del Mar CHAMBER of COMMERCE Honorable City Council c/o Horst Hlawaty, C.E. City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Honorable City Council Member: A unique blend of people and place BY THE CITY COUNCIL CITY OF NEP.KPOP.T 3 +i As part of our overall revitalization program, we would like to create a unique topiary sculpture within key center islands along Corona Del Mar's Coast Highway. We have obtained commitments through Roger's Gardens to contribute $4,000 worth of sculpture, as well as interest in the maintenance of them by Roger McKinnon. We would like your permission to accomplish this, along with Ivy Geranium (our official village flower) at the Marguerite islands. (The unlandscaped downcoast island is our highest priority but if the budget allows, we would like to also have topiary at the upcoast Marguerite island.) We are currently working with Roger's Gardens and their sculptor on refining the details. We are familiar with Cal Trans rules and will conform to their safety and maintenance guidelines. We would also like to have permission to have access to electrical power for future Christmas lights. Very truly yours, 47r) Ron Yeo F 1 Co- chairman, Revitalization Committee RY /mj h Enclosure: Center island action program Long range program plan 2843 East Coast Highway . Post Office Box 72 . Corona del Mar, California 92625 714/673 -4050 0 0 CORONA DEL MAR CHAMBER OF COMMERCE LONG -RANGE PLAN PCH - CENTER ISLANDS RON YEO, FAIA n ARCHITECT, INC. REVITALIZATION ACTION PROGRAM GOALS: To create a powerful village character along Coast Highway. PROBLEMS: Permits, approvals, maintenance. OBJECTIVES: To reinforce the "Flower Power" concept and create topiary sculpture at key islands. OPTIONS: King Neptune, mermaids, pelicans, seals, dolphins. OPPORTUNITIES: Take advantage of the "new" islands at Marguerite, Poppy, Seward /Morning Canyon. ACTION: Contact City regarding concept. Follow Cal Trans rules. Obtain private funding. • • CORONA DEL MAR CHAMBER OF COMMERCE LONG -RANGE PLAN RON YEO, FAIA I n ARCHITECT, INC. REVITALIZATION ACTION PROGRAM GOALS PROBLEMS 72�plrKr SLUG 6IG%E OBJECTIVES AdXZo /t Ae44f OPTIONS OPPORTUNITIES ACTION 64wllva eoy -- /YY , 6c�\ J �Y= Mt��ill�i�lT� CORONA DEL MAR CHAMBER OF COMMERCE LONG -RANGE PLAN 7rOlPloo /100' REVITALIZATION AC �if/�•1-T /� ErG RON YEO, FAIA ARCHITECT, INC. ION PROGRAM rcu�A.�s Ay 65-�1011aM cl/l t 7A� 0 r CG 0 40411940-1� IW% dre:ZN/ AI�6� GQ'NM/iMEJ'/T Corona del Mar CHAMBER of COMMERCE 1] Corona del Mar CHAMBER of COMMERCE PRESS RELEASE 0 A unique blend of people and place September 15, 1992 ` For Immediate release. The Corona del Mar Chamber of Commerce unveiled today a long range plan to revitalize the two mile-4ong stretch of businesses and commerce on East Coast Highway between MacArthur Boulevard and the now developing Newport Coast. The five -year plan calls for the creation of an unique village atmosphere to provide a more appealing shopping experience for locals and tourists alike. Visitors to the area will soon see the first signs of the new village as banners are installed featuring the flowers for which local streets are named. I• Other features of the plan encourage participation among local retailers, and envision more activities in the area to draw shoppers. Developed by key Chamber members and local business leaders, the plan emerged as businesses faced a combination of economic recession and highway construction. These two factors together stretched the ability of small businesses to survive. Those who have are enthusiastic about the plan. According to Royal Radtke, President of The Corona del Mar Chamber of Commerce and manager of the local Bank of America branch, "As we faced the highway construction, it became apparent that we had to put an eye to the future. We wanted to do more than simply survive the construction. We realized that we want to shape the future of this area and make it even more appealing for retailers and shoppers." Corona del Mar is home to the popular annual Christmas Walk which takes place in December and the Scenic 5K Race held in June. For more information, contact the Chamber office at (714) 673-4050 or Don Glasgow at 714 -640 -6525. 2843 East Coast Highway . Post Office Box 72 . Corona del Mar, California 92625 . 714/673-4050 • • CORONA DEL MAR CHAMBER OF COMMERCE MISSION STATEMENT The Corona del Mar Chamber of Commerce, an • organization of businesses, commercial property owners and residents, preserves and actively pro- 6 motes the success of the local business community by acting as a unifying force and organizing to • effectively represent its collective best interests. Li • • • • • 0 CORONA DEL MAR CHAMBER OF COMMERCE • LONG RANGE PLAN • long Range Plan Chairman: Donald H. Glasgow Long Range Plan Coordinator: B.J. Johnson • Selected Goal Areas Pam A. Membership Enhancement 1 -3 Co- Chairs: Dr. James K. Handy B.J. Johnson • B. Fundraising 4 - 5 Co- Chairs: Audrey Patterson Luvena Hayton • C. R e v i t a f i z a f i o n 6 - 9 Co- Chairs: Patty McDonald Ron Yea Betty Beauchamp D. Civic Effectiveness 1 D - 11 Chair: Luvena Hayton E. Multi- Cultural Enrichment 12- 13 Co -Chairs: Michael Zepeda David Neishabod F. Corona del Mar, Crown of the Sea 14- 15 1 0 0 CORONA DEL MAR CHAMBER OF COMMERCE MEMBERSHIP ENHANCEMENT GOAL AND OBJECTIVES ! Co- Chairs: Dr. James K. Handy and B.J. Johnson GOAL Develop and strengthen the membership of the Chamber by expanding and diversifying its base, while increasing member participation, enthusiasm and commitment OBJECTIVES: o By December 1992, devise a short-term membership development program which will result in 50 or more new business members by December, 1993. Select chair and members for Membership Committee. Conduct market research to determine current membership and y potential membership market Identify all chamber activities currently designed to bring in new members and evaluate their past effectiveness in securing new members. — Based on evaluation, determine ways to enhance current chamber activities to make them more effective in attracting new members and retaining existing ones. Implement changes in current chamber activities such that they attract more new members. — Devise new promotional programs and activities to attract new members. Develop incentive programs and competitive pricing formula. 40 — Implement new promotional programs and activities. — Design and produce simple brochure outlining benefits of chamber membership for distribution to potential members. J = Devise strategy for distribution of membership brochure. Implement distribution of membership brochure. Provide incentives to attract NHACC members. • • • o By December 1992, establish official welcome program that brings prospective members through the membership process into active participation in chamber activities. Identify and evaluate existing new member welcome process. Based on evaluation, make necessary changes to welcome process. Develop Adopt -A- Member (Ambassador) program. Identify program components for a welcome program: 0 ■ Who secures membership? ■ How and when are new members recognized? ■ Who is responsible for getting the new member involved in chamber activities? ■ How and when is official welcome program completed for a new member? o By December 1992, devise plan to ensure timely renewal of existing chamber memberships. Review current process for membership renewal. Identify and implement any changes in current process which will facilitate renewal of memberships. Identify and implement any changes in current programs and activities which would encourage membership renewal. I• o By December 1992, design and implement strategy to secure 10 new memberships of property owners. Identify property owners to target for membership. — Get input from property owners about their business and their perceptions of chamber to determine best way to approach for membership. Devise individual strategies (who, by when, how?) to secure membership from each property owner. Implement strategy for securing property owner memberships. 2 • • • o By June, 1993, design and publish new membership directory. — Determine best directory format and content to serve members and customers and make recommendation to board. — Secure board input to recommended format and content • — Revise format and content based on board input — Finalize format and content and secure board approval. — Obtain competitive bids from publishers. • — Obtain up-to -date information for directory listings. — Determine distribution for directory. — Print and distribute directory. • • :7 • n r, 3 0 9 0 CORONA DEL MAR CHAMBER OF COMMERCE 0 FUNDRAISING • GOAL AND OBJECTIVES Co- Chairs: Audrey Patterson and Luvena Hayton • GOAL Significantly increase the Chamber's ability to efficiently and effectively fundraise for its annual budget and special programs. • 4 OBJECTNES: • o By June 1993, increase revenue by $5,000 (net) over previous 12 months' revenue. — Select chair and members for Fundraising Committee. • — Review current year's financial plan and determine anticipated revenue for 12 -month period from June 1992 to June 1993. — Based on review of current year's financial plan, develop new financial plan that includes a $5,000 increase for June 1992 to June 1993. • — Review current activities and anticipated revenue to be generated by each. — Make recommendations for ways to generate additional revenue from current chamber activities. Examples include: ■ Hold 50 -50 cash opportunity drawing at every luncheon and mixer. ■ Increase number of entries in 5K • ■ Increase sponsor fees /benefits for 5K ■ Offer no -host cocktails at mixers and split revenue between chamber and host business. ■ Make Christmas Walk revenue - generating program. • ■ Increase number of chamber memberships. • 4 1 Secure input from board on new financial plan and revenue - generating recommendations. — Revise financial plan and recommendations based on board input. — Implement financial plan and recommendations. o By June 1993, establish annual financial planning process to increase revenue 15% annually, and maintain $5,000 comfort zone. Based on 92 -93 financial plan, devise effective planning process. Determine estimated revenue and recommend any changes to programs and activities that will result in a 10 - 20% revenue increase. — Secure board approval of 1993 -1994 financial plan. a C7 a 11 0 0 5 a 0 • • • • n u • • 0 • • CORONA DEL MAR CHAMBER OF COMMERCE REVITALIZATION GOAL AND OBJECTIVES Co- Chairs: Patty McDonald, Ron Yeo, Betty Beauchamp Committee: Carleen Butterfield, Joan Wise, Diane Goldsberry, Ann Spencer GOAL: THEME OBJECTIVES: Revitalize Corona del Mar by creating a unique "Village Image" that will be attractive to the existing business community and outside consumers. Flowers and More Flowers July, 1992 through December, 1992: Objective: Short term program that will result in improved street maintenance, landscaping and charm, and lay the groundwork for long term projects. o Conduct a simple assessment to determine what improvements are needed to streets, sidewalks, landscaping, signs, store fronts, seating, windows, etc. (Ron Yeo, 9/92) o Draft recommendations enhancing 'Village Image ". — Create Programs and Incentives to involve merchants in sprucing up CDM. ■ Clean Sweep Campaign project encouraging all to sweep their sidewalks. (Ann Spencer, 9/92) ■ Sponsor a monthly event Fun events, seasonal events, art fairs, concerts, games, contests, multi- cultural enrichment (i.e. Halloween Festivities: face painting, jugglers, music, paint the sidewalk or costume parade at Sherman Gardens, merchant trick or treats, etc.) ■ Develop an award /recognition program. 2 0 • C • 0 0 Z 1 9 0 ■ Flag Project • Needs assessment Approximately 55 units. • Research options: Fabric (light, cheery, and festive) versus Tin (stationary, solid, a little less expensive). • Finalize design decision (9/92) • Enlist local artist support (9/92) • Start production (10/92) • Install Flags (10/92) ■ Spread Flower Power. Plant trees, flowers, topiaries, etc. Revise City regulations on parking codes to meet CDM needs. ■ Plan for substantial parking increase. ■ Improve current parking situation (paint -r marks on streets to delineate space). (12/92) ■ Funds from paid CDM Beach parking to go directly to CDM. ■ Two to three new stop lights (Orchid, Iris). Develop guidelines /standards for appearance ■ Establish a color palette to be used as a reference for those planning to refurbish building exteriors. (Carleen B. 12/92) ■ Provide suggested theme and design examples. ■ Develop Marketing /PR Resource Program: • Invite experts to hold seminars on creative options for signs, window displays, awnings, lighting, etc. • Have a library of resource guides listing idea options and /or vendors who provide above items. (12/92) Develop a master architectural design concept for CDM. The goal is to create a theme image that will be inviting, warm, friendly, and creative. (12/92) Style: i.e. English Tudor, Victorian, Cape Cod, Mediterranean, Old English, brick, stucco design. Face lifts for older buildings: i.e. paint, faux facades, construction projects and full remodels. 7 0 Landscaping: Plants, trees, etc. in flower boxes, hanging baskets, median gardens, maintenance contract for care of flowers (automatic drip watering systems), construction of benches, flower box seats. Lighting: Twinkle lights for store fronts, trees, etc., Gas street lights. Installation of CDM Monument at entrance(s) of town. Installation of town clock. Development of park areas. — Painting murals. o Develop a list of commercial property owners (12/92). o Contact local architects to assess interest in providing renderings of design concepts. (Patty McDonald, 10/92). o Secure board /member/landlord input to recommendations and standards. (10/92) o Revise recommendations and standards based on input (12/92) o Review and update design concept (12/92) o Secure approval and adoption of recommendations. (Board, 9/12/92) o Secure approval and adoption of recommendations as a specified plan. (City, 12/92) January, 1993 through August, 1993: Objective: Determine a proposed budget for the project, its funding potential, planning constraints, and schedule. o Develop a proposed budget based upon the approved design concept o Anticipate permit requirements, regulatory agency involvement, disruption during construction, etc. o Draft and approve design /build schedule. o Survey landlords, tenants, etc., to determine their potential level of participation in funding and their long term commitment to the project Explore the feasibility of assessing landlords and tenants. o Select fund raising chair and committee. lb 8 b 0 0 o Determine Funding Plan. — Investigate resources available, i.e private sector, public funds, business and community resources. — Determine which of these are valid sources for proposed project — Determine assessment district — Implement funding plan. o Establish the chamber office as an example of what can be done. o Investigate ways to attract new retail merchants. Increase tenant mix in CDM. August, 1993 through June, 1994: o Review progress of project Gather input from chamber and community leaders. Revise and update as needed. o Complete and finalize design plan. August 1994 through December 1995: o Take design plans for construction bids. o Complete fund raising. o Begin construction of master plan. o Completion of construction. N • • CORONA DEL MAR CHAMBER OF COMMERCE 0 CIVIC EFFECTIVENESS :7 GOAL AND OBJECTIVES Chair: Luvena Hayton GOAL Focus and enhance the Chamber's political effectiveness so that elected officials and public agencies understand and support key local business interests. 0 OBJECTIVES: o By December 1992, devise political advocacy program that ensures timely, effective response to political issues. 9 — Select chair and members of political effectiveness committee. Review current process for identifying and acting upon issues affecting CDM businesses. Review past successful advocacy efforts and identify strengths and weaknesses of each effort Anticipate possible issues (gas line, Coast Highway improvements, San Joaquin Hills Transportation corridor, City participation in CDM revitalization) and possible responses to these issues. 1 Based on review of current process and past efforts, devise advocacy process for identifying and acting upon issues. Secure board input on advocacy process. — Based on board input, revise advocacy process. Implement advocacy process as needed. 1 o By June 1993, establish a Political Action Network of chamber members to support the chamber in its advocacy efforts. 10 0 0 — Devise a simple survey of possible issues (Coast Highway improvements, San Joaquin Hills transportation corridor, City participation in CDM revitalization) and ways of responding to issues, to determine member's interest in a Political Action Network. — Mail survey and request for participation to chamber members. — Based on survey response, identify members of Political Action Network. Devise plan for keeping members active when issues are not active. Possible components: ■ Monthly /bimonthly newsletter with status reports on current issues. ■ Quartedy issue forum to provide updates on issues. Based on political advocacy process, activate Political Action Network when necessary. o By June 1993, gain support from Caltrans to address issues related to Coast Highway that inhibit the success of businesses in CDM. Identify problems and brainstorm possible solutions related to Coast Highway. Identify agencies and their key representatives who should be included in discussions related to Coast Highway improvements. — Devise short-term action plan to open discussion of Coast Highway improvements. Secure input from board on short-term action plan. — Finalize short-term action plan based on board input — Secure board approval of short -term action plan. Implement short-term action plan. — Based on discussions with key agency representatives, devise long -term action plan and revise periodically as necessary to implement Coast Highway improvements. o Maintain reputation for political effectiveness among elected officials and key decision makers. • Include elected officials (and update status as needed) and key decision makers on chamber mailing list 11 CORONA DEL MAR CHAMBER OF COMMERCE • MULTI- CULTURAL ENRICHMENT GOAL AND OBJECTIVES • Co- Chairs: Michael Zepeda and David Neishabori GOAL: Emphasize cultural diversity among businesses such that the • Chamber and the community can be enriched by their participation. OBJECTIVES: • o By January 31, 1993 devise and implement communication to heighten understanding of the Chamber's role in local business community participation. Select chair and members for Multi- Cultural (MC) Enrichment • committee. Define and identify MC -owned and /or MC- operated businesses and MC property owners and residents. — Get input from MC business people, property owners and • residents regarding their perception of the CDM Chamber, along with their needs from the chamber. Based on input from above mentioned, develop a MC business strategy (who should say what, how and when ?) to heighten awareness among MC business people of the Chamber's role • in the community. Implement MC business communication strategy. o By February 28, 1993, gain 10 new chamber memberships MC • businesses. r — Review current membership benefits (derived from Long Range Planning Booklet) in relationship to MC business people. Recommend changes to chamber programs and activities (i.e. Long Range Planning Booklet) that will increase value of membership for MC business owners. 12 0 0 Implement strategy for securing new MC members, utilizing resources available from the chamber and City. o By January 31, 1993, implement 3 promotional activities aimed at MC business owners. Develop "Welcome Wagon' greeter program to identify and contact all MC business owners. Use resources available from chamber and city to identify "new - comers'. Offer chamber membership incentives (in relationship to Membership Committee's plans) to demonstrate member benefits. — Plan and implement a 'Get Acquainted Night" hosted by a chamber MC business owner or group of owners for all new members. 13 CORONA DEL MAR CROWN OF THE SEA CORONA DEL MAR (Spanish for Crown of the Sea) is a community as beautiful as its name. It is a part of the city of Newport Beach, a charter city operating under a council -city manager form of government Corona del Mar, with its own Post Office and Chamber of Commerce is located on the coast 450 miles south of San Francisco and 70 miles north of San Diego in Orange County, one of the fastest growing counties in the United States. It is 50 miles south of Los Angeles International Airport and only 4 miles west of Orange County Airport. Nestled on and at the foot of the San Joaquin Hills, and fronting on the Pacific Ocean with a view of Catalina Island, Corona del Mar ranges along a bluff at the south end of Newport Beach, and includes some of the city's most prestigious residential areas. r The first plot map was in 1904 after George Hart bought 347 acres from The Irvine Company. The original plan was for summer cottages, but these have been replaced in the main by permanent homes. (They came to play but couldn't leave so perfect a spot) Until the late 1920's Corona del Mar was a tiny village reached from the peninsula by small boat at high tide, or by a muddy dirt road that crossed the Irvine Ranch and continued along the bluffs around Newport Upper Bay. With the opening of Pacific Coast Highway in 1926 (Mary Pickford and Douglas Fairbanks were there for the ribbon cutting) a period of slow growth began, not accelerating until after World War II. The Pacific Coast Highway is a tree -lined boulevard with trees encompassing a complete shopping area, including fine restaurants, unique shops and offices. The trees were planted by the Corona del Mar Chamber of Commerce in 1957. Internationally known artists chose to make Corona del Mar their home, including Joan Irving Brandt, Rex Brandt, Thelma Paddock Hope, the late Burt Proctor, the late Clyde Zulch and his wife, sculptress Judith Brand and Chuck Jones, creator of Bugs Bunny, Wile E Coyote, the Roadrunner, Daffy Duck and many other Warner Brothers characters. Irving Manoir lived here, as did Fred Johnson, creator of the comic strip, "Moon Mullins'. The movie industry has been well represented as well. One of the first large businesses was founded by Kay Finch, creator of Kay Finch Ceramics. On a rock below Inspiration Point is a bronze sculpture of a sea lion and her baby, modeled by Kay Finch in memory of her husband, Braden Finch. Jessie Hill was the secretary of the Finch enterprises, and became the Corona del Mar Chamber of Commerce Secretary form the time of the Chamber's inception in 1957 until her retirement 25 years later. One of the jewels in the Crown of Corona del Mar is the Sherman Library and Gardens. It was begun in 1958 and has grown to occupy a full city block. It has an extensive botanical collection ranging from rare cacti to exotic vegetation, and the Library has more than 15,000 books and pamphlets giving a history of the Pacific Southwest The setting includes fountains, 14 sculptures, flowers and hanging baskets. A conservatory houses bromeliads, orchids, fems and a koi pond. There is a Discovery Garden designed for the blind whose essential appeal is to the senses of touch or smell. The Five Crowns Restaurant was built in Corona del Mar in 1935 by Tillie MacCullock who loved buildings. It's a copy of Ye Olde Bell, an Inn at Hurley-on-the-Thames, England. It has been a residence, an inn, it's been forlorn and neglected and there's even rumors of wartime gambling and prostitution. Now it's a Corona del Mar landmark. In view of the close proximity of the commercial to the residential community, special efforts are made to blend in harmony all aspects of working and living together in this beautiful part of our world. Resident members of our Chamber work side -by -side with business members to accomplish our common goals. The CDM Chamber was formed in 1957 in an effort to maintain our local Class A Post Office (another successful effort) and to assist the small business community with their special problems. Today, resident and business members volunteer their time to not only enhance the boulevard with tree- ` well plantings of flowers or greenery, but work together on all special projects. The Christmas Festival is in its 16th year, with poinsettias and small lights outlining store windows, refreshments served and entertainment all along the boulevard. This opening of the Christmas season on the first Sunday in 40 December is the Chamber's party for the community, a "thank you" for their patronage. 0 :I The Scenic 5K run is a joint venture with the City of Newport Beach and attracts over 3,000 runners and walkers on this special day. There is a gourmet breakfast served on the picturesque ocean front by local restaurants. It is truly a scenic and thoroughly delightful festive day for runners, workers, and spectators alike. The Chamber has taken a strong position to preserve the 'village atmosphere" while at the same time encouraging business. 15