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Home My WebLink AboutC-3528 - Cliff Drive Park RenovationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC April 27, 2005 Green Giant Landscape, Inc. 941 Macy Street La Habra, CA 90631 Subject: Cliff Drive Park Renovation (C -3528) To Whom It May Concern: On April 27, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on July 21, 2004. The Surety for the contract is Arch Insurance Company, and the bond number is SU 5001900. Enclosed is the Faithful Performance Bond. Sincerely, ) . LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca us BOND PREMIUM BASED ON AAL CONTRACT PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 BOND NO. SU 5001900 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5.100.00 being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal a contract for construction of CLIFF DRIVE PARK PLAYGROUND RENOVATION, Contract No. 3528 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department 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. 3528 and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Arch Inqui:ance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety°), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred fifty -five thousand and 001100 Dollars ($255,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications, This Faithful Perbirmance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shalt not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrum been duly executed y the Principal and Surety above named, on the 10th d/ay of ui 2003. rat Green Giant Landscape, Inc. (Principal) Authorized ' at rTUe Arch Insurance Company Name of Surety 7470 North Figueroa _Los Angeles, Ca. 90041 Address of Surety 323 - 257 -8291 Telephone I�V 4�z 0/ Authorized Agent Signature Michael E. Cundiff /Attorney in Fact Print Name and True NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On before me, Rea Rangel, Notary Publi, ❑ NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff GUARDIAN /CONSERVATOR NAME OF SIGNER OTHER: Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /hex /their REGINA RfaN6EL r . ° ' +, CO63Fh. YS 386388 signature(s) on the instrument the person(s), or the entity t� e R n�isryuw;c cal;tornts imir LOS ANGELES COUNTY upon behalf of which the person(s) acted, executed the instrument. • Any Comm. Exp. July 26, 9.886 WI ESS my hand and official se . (SIGNATU OF N Y) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTL.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) Arch Insurance Company NUMBER OR PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAME ABOVE ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) Arch Insurance Company NUMBER OR PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAME ABOVE ALL- PURPOSE ACKNOWLEDGMENT APA 5197 VALLEY- SIERRA, 800.362 -3369 State of California l • of County //�Jq/1 i JJJ } SS. ' ' 16 • On before me, • (DATE) (NOTARY) 0 ' personally appeared 1 SIGNER(S) ' LJ personally known to me - OR- ❑ proved to me on the basis of satisfactory ' evidence to be the person(s) whose name(s) ' is /are subscribed to the within instrument and I acknowledged to me that be/she/they executed • ' TOIPUpH the same in his /her /their authorized I • _0 "ot °0 Publk California California capacity(ies), and that by his /her /their • ' ons county signature(s) on the instrument the person(s), I "E'9fY°`y or the entity upon behalf of which the • ' person(s) acted, executed the instrument. f ! f WITNESS my hand aad2official seal. ! I I iNOT I lyg S{GNATURE 1 • OPTIONAL INFORMATION • The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' ❑ INDIVIDUAL ! ❑ CORPORATE OFFICER I ' • TITLE OR TYPE OF DOCUMENT TrfIP(S) ' ❑ PARTNER(S) r ❑ ATTORNEY NUMBER OF PAGES • -IN -FACT • f❑ TRUSTEE(S) I GUARDIAN /CONSERVATOR DATE OF DOCUMENT • i❑ ❑ OTHER: ' IOTHER 1 fRIGHT THUMBPRINT I • SIGNER IS REPRESENTING: OF NAME OF PERSON(S) OR EN rrY(IES) E ' SIGNER i • g • APA 5197 VALLEY- SIERRA, 800.362 -3369 A.M. Best's Rating for Arch Insurance Company 03186 - Arch Insurance Company Member of Arch Capital Group A.M. Best #: 03166 NAIC #: 11150 View a list of group members or the group's rating Best's Rating 41MO A- (Excellent)* Financial Size Cateoory XII ($1 billion to $1.25 billion) *Ratings as of OOMS2003 09:27:49 AM E.S.T. Page 1 of 1 Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2003 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http:ll www3.ambect.comlratingslrating. asp ?AMBNum=03186 &Refnum=03186 &Site —za... 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 21, 2004 Green Giant Landscape, Inc. 941 Macy Street La Habra, CA 90631 Subject: Cliff Drive Park Renovation (C -3528) To Whom It May Concern: On April 27, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 14, 2004, Reference No. 2004000433075. The Surety for the contract is Arch Insurance Company, and the bond number is SU 5001900. Enclosed is the Labor & Materials Payment Bond. Sincerely, (:4 � LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www. city. newport-beach. ca. us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 . BOND NO. Su 5001900 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Green Giant Landscape, Inc-, hereinafter designated as the 'Principal,* a contract for construction of CLIFF DRIVE PARK PLAYGROUND RENOVATION, Contract No, 35228 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents In the office of the Public Works Department 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. 3528 and the terns thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Arch Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of two hundred fifty -five thousand and 00h00 Dollars ($255,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that 9 the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file eiaims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 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 terns 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 instruKe—ni-Rak been duly executed by the above named Principal and Surety, on the loth day of , 200P. nnafN% _ -eja0 ,%fr01j Green Giant Landscape, Inc. (Principal) Arch Insurance Company Name of Surety 7470 North Figueroa Los Angeles. Ca. 90041 Address of Surety 323 - 257 -8291 Telephone 10'L n t Authorized Agent Signature Michael F. Cundiff /Attornev in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On A 10 before me, personally appeared Micbael E. Cunaiff NAME OF SIGNER N Personally known to me - OR - ❑ 9�. asxNa vtNcEa_ W� `4y+ Nowrq P.;bfic.Capvcmie Lamm. Exp. ,;uly 26, 2D3S Regina Ran�el. Nata!�Public NAME, TITLE OF OFFICER proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /het /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �., OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT • INDIVIDUAL BOND(S) • CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) -------------- - ----- ❑ PARTNERS) ❑ LIMITED NUNIBER OR PAGES ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON (S) OR ENTITY(IES) Arch Insurance Company -------------- W' .-------------- ------- SIGNER OTHER THAN NA1vfE ABOVE POWER OF ATTORNEYS Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Raymond E. Gail, Lawrence W. Carlstrom, Michael E. Cundiff, George A. Munana, Steve Childs, and Leah Cripe of Los Angeles, CA (EACH) its true and lawful Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply.to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified.to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and aftomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the'Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 °ogc cf - n r 2 .. ................. __ - ._..................... Printed in U.S AL �'010 • • 4 ARCH Insurance Company ARCH surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable insurer deductible. ALL- PURPOSE ACKNOWLEDGMENT 0 State of Californt • County of /!/Gig' SS. ' IOn lo103 befor me • (DATE) �/ (NOTARY) ' personally appeared / ✓)/j slrN R(S) ' L 1'personally known to me - OR- ❑ proved to me on the basis of satisfactory ' evidence to be the person(s) whose name(s) • is /are subscribed to the within instrument and ' 0 ROSBERE TOLEDO HEi0ER.9oN acknowledged to me that helshe/they executed • Commission /1358290 ( the same in his /her /their authorized I Notary Public - California OranpaCoumy capacity(ies), and that by his /her /their E • ' WYCOMm 0UMBY2`,�y signature(s) on the instrument the person(s), ' • or the entity upon behalf of which the • Iperson(s) acted, executed the instrument. ' iWrrNESS my han d cial seal. i OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER Trr E(S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT f❑ PARTNER(S) ' • ❑ NUMBER OF PAGES ATTORNEY -IN -FACT • ' ❑ TRUSTEE(S) ' • ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT • ' ❑ OTHER: I ' OTHER ' 'RIGHT THUMBPRINT SIGNER IS REPRESENTING: ' '• NAME OF PERSON(S) OR ENrnT (IES) OF E • SIGNER s' ' • a • AP.� n —, VALLEY- SIERRA, 800.362 -3369 a RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk }� IvCi 7 City of Newport Beach 3300 Newport Boulevard.. Newport Beach, CA 92.663 "Exempt Recorded in Official Re 6, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2004000433015 02:56pm 05114104 215 86 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 Green Giant Landscape, Inc., of La Habra, California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: 10) Cliff Drive Park Renovation (C -3528) Work on said Contract was completed on March 26, 2004, and was found to be acceptable on April 27. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists Insurance Company. VERIFICATION id Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. PP Executed on au� D 0 at Newport Beach, Catifomia. BY City Clerk 4 C -35�a CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 April 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 6443311 rgunther@city.newport-beach.ca.us SUBJECT: CLIFF DRIVE PARK RENOVATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3528 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. APR > E' 2004 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 24, 2003, the City Council authorized the award of the Cliff Drive Park Renovation contract to Green Giant Landscape, Inc. The contract provided for the removal and disposal of existing improvements, grading, installation of a drainage system, construction of concrete retaining walls, construction of concrete sidewalk and rubberized play surface, installation of playground equipment, installation of irrigation, landscaping, relocating palm trees, and other incidental items of work. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual amount of bid items constructed: Total amount of change orders: Final contract cost: $255,000.00 255,750.00 12,948.29 $268,698.29 SUBJECT: Cliff Drive Park Ren n - Completion And Acceptance of Contract No. 3! April 27, 2004 - Page 2 The final overall construction cost including Change Orders was 5.37 percent over the original bid amount. One Change Order in the amount of $12,948.29 was issued for the project. This Change Order provided for extra work due to the storm drain utility conflict, installation of column caps, relocation of 2 additional queen palms, installation of concrete river - rock slope adjacent basketball court and miscellaneous items. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the reconstruction of the existing park site and replacement of the playground equipment and did, not impact any environmental resources. Funding Availability: Funds for the project were expended from the following accounts: Account Description Account Number Amount General Fund 7015- C4120614 $88,715.64 Contributions 7251- C4120614 $179,982.65 Total: $268,698.29 The original contract completion date was October 20, 2004. Due to a conflict with a large storm drain on the site requiring re- design, and a necessary re- manufacture of part of the equipment, the contract was extended to May 28, 2004. All work was completed by the revised Completion date. Prepared by: Submitted b W r R. Gunther, S n G. Badum Construction Engineer lic Works Director t CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 28, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion Cliff Drive Park Renovation (C -3528) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CIVIC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 New ort Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Green Giant Landscape, Inc., of La Habra, California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Cliff Drive Paris Renovation (C -352M Work on said Contract was completed on March 26. 2004, and was found to be acceptable on April 27. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists Insurance Comi)anv. VERIFICATION i6 Works Director of Newport Beach 1 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. t� Executed on at Newport Beach, California. v BY City Clerk BY THE CRY COUNCIL CRY OF NEWPORT BEACH Hr Y Lu 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C- 35z� GSA -ono Agenda Item No. 9 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steven Luy, Associate Civil Engineer 949 - 6443311 sluy@cfty.newport-beach.ca.us SUBJECT: CLIFF DRIVE PARK RENOVATION - AWARD OF CONTRACT NO. 3528 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3528 to Green Giant Landscape, Inc. for the Total Bid Price of $255,000.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $17,000.00 to cover the cost of unforeseen work. 4. Approve a Budget Amendment authorizing the transfer of $20,000 from Operations Account No. 4340 -8070 to 7015- C4120614. DISCUSSION: At 11:00 A.M on June, 12, 2003, the City Clerk opened and read the following bids for this project: BIDDER Low Green Giant Landscape, Inc. 2 TMT Development Co., Inc. 3 GCI Construction, Inc. 4 DMA Greencare Contracting, Inc. TOTAL BID AMOUNT $255,000.00 268,485.00 310,924.00 *339,572.26 Corrected Bid Amount is $338,572.26 The low total bid amount is 8.5 percent above the Engineer's Estimate of $235,000.00. The low bidder, Green Giant Landscape, Inc., possesses a General Contractors Classification 'A" contractor's license as required by the project specifications. Green Subject: Cliff Drive Park Alvation — Award of Contract No. 3528 June 24, 2003 Page: 2 Giant Landscape, Inc. has satisfactorily completed similar concrete repair projects for the City. The project provides for the removal and disposal of existing improvements, grading, installation of a drainage system, construction of concrete retaining walls, construction of concrete sidewalk and rubberized play surface, installation of playground equipment, installation of irrigation, landscaping, relocating palm trees, and other incidental items of work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the reconstruction of the existing park site and replacement of the playground equipment and did not impact any environmental resources. Funding Availability: Staff is requesting the transfer of $20,000 from the Aquatic Operations Account No. 4340 -8070 to the Capital Improvement Program Account No. 7015- C4120614. Upon approval of this Budget Amendment there will be sufficient funds. available in the following accounts for the work: Account Description Account Number Amount General Fund 7015- C4120614 $90,000.00 Contributions 7251- C4120614 $182,000.00 Total: $272,000.00 Prepared by: Submitted by: $te en Ltf Stephen G. B d m Associate Civil Engineer Public Works Director Attachments: Project Location Map Bid Summary 107718 -F • • PROJi=GT LOGATIO P �P h� '^ CLIFF DR. Y LOCATION MAPS NOi TO SCALE C CLIFF DRIVE PARK PLAYGROUND RENOVATION APPROVED P ��\00 Q' J� DRAWING NO. C -3528 DATE &-'- Q W m O CL W Z LL O F- L F- Z W FE m a a w Y O V m a m O C N .y O LLI O �- .ti ¢Q lal F O U 0 D' N U N � L O M sow d c Q U � U � W N 2 U . 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O J m CL =W U W U N m Y � d C U � ... N Z w O� Q � U O J 0 m LL LL J U W J H 01 N N n N m m t a m v N t0 'O Qi Wity of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 080 AMOUNT: $zo,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer funds to provide for the Cliff Drive Park Renovation Project, C -3528. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Signed: Signed: Approval: Administrative Services Director Amount Debit Credit $20,000.00 $20,000.00 6'P Date D e City Council Approval: City Clerk Date Description Division Number 4340 Recreation - Aquatics Account Number 8070 Rental of Property Division Number 7015 Parks Account Number C4120614 Cliff Drive Park Playground Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Services Director Amount Debit Credit $20,000.00 $20,000.00 6'P Date D e City Council Approval: City Clerk Date qty of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 080 AMOUNT: $20,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer funds to provide for the Cliff Drive Park Renovation Project, C -3528. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 4340 Recreation - Aquatics Account Number 8070 Rental of Property $20,000.00 Division Number 7015 Parks Account Number C4120614 Cliff Drive Park Playground $20,000.00 Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed: `q (2.2 Finan 'al Approval: Administrative Services Director Date Signed: Z , A ministrative Appr a`l_:�{C-ity Manager a Signed: 1 co — 9-,T —3 3 Citoun it App v CPICJe� Date CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 12th day of June 2003, at which time such bids shall be opened and read for CLIFF DRIVE PARK PLAYGROUND RENOVATION Title of Project Contract No. 3528 $235,000 Engineer's Estimate Approved by 4aat,eoh�eh. Badum Public Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen Luy. Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents .listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be retumed to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in r • substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. L0904 I q 44-6-2-7 Contractor's License No. & Classification 03 Date qT [I Bond Number: 3SM 888 274 00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION • 117; k1- We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of tM Not to exceed Thirty Thousand 4 No/ 100s Dollars ($ 40,noo jo 1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CUFF DRIVE PARK PLAYGROUND RENOVATION, Contract No. 3526 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday. Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an Indhridual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this Groan Gi= ,andscaoe.; I", Name of Contractor (Principal) Ameritan Motorists Insurance Company Name of Surety 7470 N. Figueroa Los Angeles; Ca.90D41 Address of Surety 323 - 257 -8291 Telephone ,10K Michael E. Cundiff /Attorney in Fact Print Name and Title (Notary adrnowledgment of Principal & Surety must be afkatched) 6 0 T ^t- POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in long Grove, Illinois (hereinafter collectively referred to as the "Company ") do hereby appoint Jorge Correa. Leah S. Cripe , Michael E Cundiff , George Munana , Raymond E Gail , Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordl of Los Angeles, CA (EACH) their true and lawful.agent(s) and Attomey(s)-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their not and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deriver any bond or undertsking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority asset forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be w binding upon the said Company as fully and amply to all intents and purposes, as if the some had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. . This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago. Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretary shall hwe the power and authority to appoint agents and attomeys4n -fact, and to authorize them to execute'on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizanew, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and hold on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the Resident, any Vice President, or their appointees designated in writing and Egad with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of trectors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It Is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. • • In Testimony Whereof, the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers, this October 23, 2002. Attested end Certified: Lumbermen Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company etry oh K. Conway, Corporbtfi Secretary Gary J. ly, 19nior Vice Pr efyt STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria I. Omod, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively As Senior Vice President and Corporate Secretary of the Lumbermans Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the taws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. , 'OFFICIAL SEAL• iA�Q pyne'2A- wuaA L OMOru W a¢sve wnoa Maria I. Omori, Notary Public My commission expires 9 -17 -03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the - attached Power of Attorney dated October 23, 2D02 on behalf of the person($) as listed above Is a true and correct copy and that the same has boon in full force and effect since the date thereof and Is in full force and effect on the date of this cettificste; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice Resident, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice' Resident of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, end the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEFEOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this, day of. . s 20 _ rvn t- �e 9u�t4rn�o s 7 mean :L t Johrit.,poryway, Corporate voretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (EEL 09 01) Prided in U.S A. CAI jPORMAALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JW 1 before me, Regina Rangel• Natmv Public_ NM[F MLE OF OFFICER personally appeared Michael E. Cuadi NAME of SIGNER 0 Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their REGYA RANG1 authorized capacity(ies), and that by his /her /their Qv� • et3as3sa m ture s on the instrument the person (s), or the entity t7i Noa y rubfr7 �i. w () P (). ty su LOSMSEEM3000M = upon behalf of which the person(s) acted, executed the 9YCOrnm. F.tep. Juiy23, 2006 instrument S my hand and ffici4l seal (SIGNATURE OF OT OPTIONAL Though the data below is not mjuited by law, it may prove valuable to persons relying on the document and could ptevent fraudulent teattachmcnt of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ THE(S) PARTNER(S) ❑ t rt = - - -- NUMBER OR PAGES ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(8) ❑ GUARDIAN /CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING,. NAME OF PERSON(5) OR ENTITY(IFS) SIGNER OTHER THAN NAME AWVE r , • 0XInea nceCa anias IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such, by the Secretary of the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and! 1. Are violent or dangerous .to human fife, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; and 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States. or to influence the policies or conduct of the United States Government. The Act specifies that coverage for "certified acts of.terrodsm" must be made available In commercial property and casualty policies of Insurance, and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism.. . Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a.90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible Is 1% of the insurer's 2001. direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer deductibles are 7 %, 10% and 15% of the prior year's direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual Insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for "certified acts of terrorism" coverage is $ Q. :: a. o CR Rn'47 IVA 41 n9% Du.&4 rf4 �cws:.a :.. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number SR ro C, cQ p vdeklwev Pour t o Qukce GLcyfA X41 �.rl l/ Surf.Yc-� -Sspt— a�)e ��MLa n, 'At � 5 ore-len Cfknt AX e- ill -A Bidder -.F. . U 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Qk Project Description QftLK- (1W NQUA ei Approximate Construction Dates: From k) To: 51 1 / d�; Agency Name Contact Person U Ij Telephone 04l 229 - 420 000 Original Contract Amount $503, Final Contract Amount $ -303 •� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 2 Project Name /Number CAhNQ 11420r (1 Project Description bWJ D(!- Approximate Construction Dates: From 4 1 01— To: "y Agency Name Contact Person I 1 111i 6 (�%l 0-rr Telephone Original Contract Amount $ 4ul Final Contract Amount $ 4'5 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 3 Project Name /Number Project Description Approximate Construction Dates: From I 11 26'0 To: i 7 - "0 -Z- Agency Name Cyys�t L4 —y1 F Fj Y L�y -rtv Contact Person AIL? Telephone J 4 z 4 F { - Zz57c°, Original Contract Amount $ % 7 0. Final Contract Amount $ M If final amount is different from original, please explain (change orders, extra work, etc.) N Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N�) 0 0 No. 4 Project Name /Number Project Description Approximate Construction Dates: From oLf " To: J:AA 7 Agency Name s7�' AAcjg Ln A lli14-T 6,v !i c S T irT Contact Person 7 2e c ! O C) SS Telephone 1'jt °1.3 ' (e;5 :t Original Contract Amount $ f3t�_Final contract Amount $ 4102( If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description tJf,w 0 Approximate Construction Dates: From ncV uY0i2 To:— �k4W ZrGv3 Agency Name C i �_I) _ Qlvr- L -H i ti Contact PersonG rend &I L Ch U66 Telephone Me '7355 Original Contract Amount $ 450 Final Contract Amount $ 457 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /NuMber yT Project Description Approximate Construction Dates: From Agency Name C- l C) 7cx' To: Contact Person ,Uen0; 5 Y P-411 Telephone (i I! ey - C .3Y0 b; 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of CV Awp ) 00n)Ain L ] ?NatASn,J , bei9999 first 10 sworn, qeposes and says that he or she is of (magg (�,#&id SC410. the parry making the forego ng bid; that the bid is not made in the interest of, or on behalf of-, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agt til 9mZf to effectuate a collusive or sham bid. I declare under penalty of perjury o the la"honzed correct. Bidder v- , 2003. SEAL] 11 that the foregoing is true CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 DESIGNATION OF SURETIES Bidders Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): -741a' N. F.Ai)P /r)0.a- `Y1-3 '34-1 - 74-77- TV p,J I/ M !1N S Jl' ';A( $l to J+ Nn- f fr 9 a.705r- 12 r _ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 0 jPo.v\ 11 I►1knt 1 AnlOSLH(�t, fn(. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts —7 / Z /U / I '7 Total dollar Amount of Contracts (in Z p 0 ouc 7i Thousands of $ No. of fatalities U G @U O No. of lost Workday Cases a .� a d p o No. of lost workday cases involving permanent transfer to another job or termination of- d C7 O C) d employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder O(Un Lant L ✓ypsfS AW.2 Business Address: s 9y t��gc,4 r /-j4 RnAe(+ 90 3/ Business Tel. No.: $ � Z_ Lp qv - fo g pl? State Contractor's License No. and Classification: (07041 S" /4 4- G -7 1 Title The above information was compiled from he records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitatiops- afthose records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title tF11tJo? " vr, Wwt If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 ACKNOWLEDGEMENT OF ADDENDA w.,idders name e•.. ► a•r The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: % Name of individual Contractor, Company or Corporation: � Look (een o ok L&W,5c Ap& Business Telephone and Fax Number: `.y? l&. WIT 5Z- togo- So Zq California State Contractors License No. and Class: �P%U 4%9 r+ G Z-7 (REQUIRED AT TIME OF AWARD) / Original Date Issued 3 13 Expiration Date: S�3 / / zo d List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 5('qz Corporation organized under the laws of the State of n 1 X14 M The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Novi For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; UONe Briefly summarize the parties' claims and defenses; IV/) NO Have you ever had a contract terminated by the owner /agency? If so, explain. lydV Have you ever failed to complete a project? If so explain. An For any projects you have been involved with in the last t55�years, did you have any claims or actions by any outside agency or individual for Ir�compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Ye Are any claims or actions unresolved or outstanding? Yes 1 I� 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. C)oJVA10 Hs'guawd./ r-L!Print name of Owner or President Io rporation /co pany) �feen G,A�fi LAN�SrAOlL Ivfn'C Bidder Authorized S' aturerritle Title ' (P.t I Qiv\ t � Date Subscribed and swom to before me this .// day of „ &W-L 2003. 18 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 CONTRACT THIS AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Green Giant Landscape, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CLIFF DRIVE PARK PLAYGROUND RENOVATION Project Description 3528 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3528, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred fifty -five thousand and 00/100 Dollars ($255,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractors acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 6443328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Green Giant Landscape, Inc. 941 Macy Street La Habra, CA 90631 562 -690 -6208 562 - 690 -5029 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non- Comoliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent.breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH AA By: GR GIANT LANDSCA E, INC. p 2E.a �o4.�t Authorized Si lure and Title I ACORD. CERTIFICA A 0%zz 7io PRODUCER (949)261 -5335 FAX (949)261-1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 THIS CERTIFICATE IS SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Green Giant Landscape, Inc. 941 -A Macy Street La Habra, CA 90631 INSURERA: Peerless Ins. Co. (c /o Golden Eagle) POUCYEFFECTIVE INSURER B: Golden Eagle Insurance LIMITS NSURERC: Harbor Specialties (c /o Fremont) INSURER D: CBP9633383 INSURER E: 10/09/2003 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR kDD`L TYPE OF INSURANCE POUCYNUMBER POUCYEFFECTIVE POUCYEXPIRATION MOrYTI LIMITS 3300 Newport Blvd. GENERAL LIABILITY CBP9633383 10/09/2002 10/09/2003 EACHOCCURRENCE E 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E 100, ON CLAIMS MADE ] OCCUR MED EXP (Any one person) E S'00 PERSONAL B ADV INJURY $ 1,000,00( A GENERAL AGGREGATE $ 2,000,00( GEN•L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG E 1,000,00 F_JPOLICYF_j PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO CBP9633383 10/09/2002 10/09/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Per accident) $ GARAGE LUM111 Y AUTO ONLY -EA ACCIDENT E OTHERTHAN EA ACC AUTO ONLY: AGO E ANY AUTO E EXCESSAIMBRELLA LIABILITY CU9634483 10/09/2002 10/09/2003 EACH OCCURRENCE E 2,000;00 X I OCCUR CLAIMS MADE AGGREGATE S 2,000,00 B E E DEDUCTIBLE E RETENTION E WORKERS COMPENSATION AND HN306335 -01 04/01/2003 04/01/2004 X I We srATU- I OTH- C EMPLOYERTUABILRY ANY PROPRIETORMARTNEWEXECUTIVE OFFICERWEMBER EXCLUDED? E.L. EACH ACCIDENT S 1,000,00 E.L. DISEASE -EA EMPLOYEE 1,000,00 R yes. desenibe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000 00 OTHER DESCRIPTION OF OPERATIONS / LOCATIO ONS I VEHICLES/ EXCLUSIONS ADDED BY END 2RSEmENT/ SPECIAL PROVISIONS ertificate holder, its Officers, Officials, Employees & Volunteers are named as additional insured er attached GECG601 endorsement. Additional insured for auto liability included in policy form. E: Cliff Drive Park Playground Renovation, Contract #3528. Primary wording included on GECG827A, GL) waiver of subrogation includ�f14, (WC) waiver to be issued by carrier. 10 day notice will be sent in t cancellation for non - payment of premium. CERTIFICATE HOLDER 1. i "I ••; CANCEL I ATION ACORD 25 (2001/08) 6ACORD CORPORATION 1988 JAUU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH WORKS U: YAH f MENT EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 Public Works Department PUBVO OF NEWPORT BEACH DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, AD Attn: Shari Rooks, Public rks Specialist BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UGBLLTTY 3300 Newport Blvd. OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Newport Beach, CA 92663 Stanley Tutton ADRIAN ACORD 25 (2001/08) 6ACORD CORPORATION 1988 0 0 GOLDEN EAGLE INSURANCE CORPORATION P.O. BOX 85826 - SAN DIEGO, CA 92186 -5826 ADDITIONAL INSURED - OWNERS, LESSEES POLICY NO.: CBP9633383 OR CONTRACTORS (FORM B) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The coverage afforded the additional insured does not apply to any project on which "your work" was completed prior to the effective date of this endorsement. City of Newport Beach, Public Works Department, its Officers, Officials, Employees & Volunteers CG 20 10 (11 -85) Modified GECG 601 (10 -98) 0 GOLDEN EAGLE INSURANCE CORPORATION P.O. BOX 85826 - SAN DIEGO, CA. 92186 -5826 PRIMARY INSURANCE ENDORSEMENT POLICY NO. CBP9633383 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the following policy coverage forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement No. (If issued after the effective date): Endorsement Effective: 10/09/2002 (At 12:01 A.M. Standard Time) Named Insured: Green Giant Landscape, Inc. The insurance provided by this policy for the benefit of the Additional Insured shown in the Schedule shall be primary insurance as specifically described in: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 Section IV Commercial General Liability Conditions, 4. Other Insurance a. Primary Insurance SCHEDULE Name of Person or Organization: City of Newport Beach, Public Works Department, its Officers, Officials, Employees & Volunteers GE CG 827A (11 -97) r1 POLICY NUMBER:CBP9633383 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, Public Works Department, its Officers, Officials, Employees & Volunteers (If no entry appears above, the information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS TO RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization and included in the "products — completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG2404 (10/93) INSURANCE SERVICES OFFICE, INC., 1992 WORKERS COMFENSATION ANP APLOYERS LIABILITY INSURANCE PO Y WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ATTN: SHARI ROOKS 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 Job Description RE: CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT #3528 ".,. Jul- This endorsement changes the policy to which It Is attached and is effective on the policy effective date unless otherwise stated. This endorsement, effective on 07 -15 -03 at 12:01 AM. standard time, forms a part of Policy No. HN - 306335 -01 of the HARBOR SPECIALTY INSURANCE COMPANY Policy Period 04 -01 -03 to 04 -01 -04 Issued to GREEN GIANT LANDSCAPE INC Premium $ Countersigned at SANTA ANA, CA on 1000 -06 -03997 WC 04 03 06 (Ed 4.e4)) Endorsement No. 4 ISSUED 07/17/03 AT 0 BY CLE TUTTON INSURANC1/ INC By: Authorized Representative JUL -18 -2003 FRI 01:48 PM FAX NO, P. 01 • �m Fax C1 4q - A ---s31 Y CERTIFICATE OF INSURANCE CHECKLIST Cj Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1 _ Y �� Dept. /Contact Received From: sh�I�e - Date Completed: Sent to; t4 p 96 L By: Ixy r.�L I�bh+,nt.7, Company/Person required to have certificate: firm 64 0t2WCt94 6RO.Ur1 I. GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII C. ADMITTED Company (Must be Califomia Admitted): Is Company admitted in California? AYes ❑ No D. LIMITS (Must be $1M or greeter): What is limit provided? !.oct> ®f ) E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Egyes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers); Is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be inc uded): Is it included? XYes ❑ No CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement Include "solely by — negligence° wording? ❑ Yes No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. TI. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Co. B. AM BEST RATING (A: VII or greater): V* C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? %Yes E3 No D. LIMITS (Must be $114 min. BI & PD and $500,000 UM): What is limits provided? _L•� E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? []Yes 3,40 F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? ❑ Yes G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ITT. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater):' C. LIMITS: Statutory V I X00,1 000 D. WAIVER OF SUBROGATION (To include): Is it included? .Yes HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes XNo IF NO. WHICH ITEMS NEED TO BE COMPLETED? 0VdJA a %,4o t~ 'Ad yNsz \-C . 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CLIFF DRIVE PARK RENOVATION CONTRACT NO. 3528 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3528 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @�OUf kV,ovsmyf Dollars and o c NO Cents Per Lump Sum 2. Lump Sum Removal of Materials and StrlAtural Excavation �+c�s And ct>vL" SQ Cr temw Dollars ` nd ^ �] ND Cents $ Per Lump Sum 3. Lump Sum Temporary Chain Link Fence 614e 'i z)Qifty%d Dollars and Go rV Z) Cents $ /000. Per Lump Sum 6. Lump Sum Drainage System @�aD it SflAj Dollars and rj0 Cents $ 5000D° Per Lump Sum 7, 670 S.F. Concrete Sidewalk and Landings (color) @ COIA- Dollars and No Cents $ g p0 $ 5 (o a a a Per Square Foot 8. 100 L.F. Concrete Mow Strip (6" wide - color) @ �w S b, _ Dollars and nyo Cents $ 20?0 $ 2000 °u Per Linear Foot 9. 10 L.F. Concrete Mow Strip (8" wide - color) @�iu£V, Dollars and /� ,VV Cents $ ZO °O $ GOO. Per Linear Foot 10. 10 L.F. Concrete Steps (color) @ ONt h unr010af Dollars and No Cents $ 0000 $ 000 9a Per Linear Foot • • PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Salvage Play Equipment @ 17we A-rloysAAdbollars and Pvo Cents $ 5000 0 b Per Lump Sum 5. Lump Sum Site Grading @ EtJ klnovsend Dollars and ryo Cents 00 $ %0. Qp0 Per Lump Sum 6. Lump Sum Drainage System @�aD it SflAj Dollars and rj0 Cents $ 5000D° Per Lump Sum 7, 670 S.F. Concrete Sidewalk and Landings (color) @ COIA- Dollars and No Cents $ g p0 $ 5 (o a a a Per Square Foot 8. 100 L.F. Concrete Mow Strip (6" wide - color) @ �w S b, _ Dollars and nyo Cents $ 20?0 $ 2000 °u Per Linear Foot 9. 10 L.F. Concrete Mow Strip (8" wide - color) @�iu£V, Dollars and /� ,VV Cents $ ZO °O $ GOO. Per Linear Foot 10. 10 L.F. Concrete Steps (color) @ ONt h unr010af Dollars and No Cents $ 0000 $ 000 9a Per Linear Foot 9 0 PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 1,675 S.F. Concrete Sub Base with Reinfor ement @ oUIL Dollars and a o oa rJ d Cents $_ $ Lv�%00 Per Square Foot 12. 1,675 S.F. Rubber Play Surface @ Dollars and N Cents $ 15 °o $ 25.1 2-S Per Square Foot 13. 1,245 S.F. Concrete Retaining Walls per CNB Std.- 220 -L. @ Pl)-e—Dollars and °c Cents $ d�fj $ Zsio a Per Square Foot 14. 20 S.F. Concrete Retaining Walls per CNB Std.- 225 -L. @ -h-of F4 Dollars and o 0 0� N 0 Cents $ �0' $ 4 0O Per Square Foot 15. 11 Each Concrete Pilasters @ 61VL 4=- nZ O W Dollars and 0 00 0 N d Cents $ I DOo° $/ j 0 Per Each 16, 630 S.F. Form Liner Treatments for Wall A &B Dollars and N Z) Cents $ $ Per Square Foot • • PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 100 L.F. Anodized Aluminum Hand Rails with Anti —Skate Bolts (Sidewalk Mount) @ Dollars and oa ND Cents $ Sd . $ S000 . Per Linear Foot 18. 54 L.F. Anodized Aluminum Hand Rails with Anti —Skate Bolts (Wall, Center- mount) @ Dollars and Cents Per Linear Foot 19. 25 L.F. Anodized Aluminum Hand Rails with Anti —Skate Bolts (Wall Surface Mount) @ Dollars N3 Cents $ 0a6 $ 1`Z50oa Per Linear Foot 20. 95 L.F. Anodized Aluminum Guard Rails (cD Dollars and N Cents Per Linear Foot 21. 1 Each Precast Concrete Bench @ A-W O 1 VovSAADollars and o N a Cents $ Z o $ "0 Per Each 22. 11 Each Precast t Conncrete Column Caps @:bgC vNDked Dollars and /V7 Cents $ 2d Oda $ Z20c7 °a Per Each PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 27 Each Cast Skate Stoppers @ o Dollars oo 400", a a YVD Cents $ Per Each 24. 125 S.F. Cultured Stone Stream Cobble @ 2 Dollars and N J Cents $ Oa $ Per Square Foot 25. 215 L.F. Cultured Stone Corner Pieces J 0- 5 O oa Dollars and N o Cents $ 6-090 $ /0,3500 Per Linear Foot 26. 20 S.F. Cultured Stone Skimmers @ 3dao Dollars. and No Cents OOa� Per Square Foot 27. Lump Sum Install Play Equipment @�•40u, T viov) 6wOollars and rJD Cents $ 00 Per Lump Sum 28. 5,100 S.F. Soil Preparation and Fine Grading s @ �� Ce $ Sa $ Z �✓ SO ee Per Square Foot 29. Lump Sum Relocate Palm Trees @ .V L -�Inom- dDollars and SdOO�o A Cents $ Per Lump Sum PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 30. 170 Each One Gallon Plants @ Dollars and ot NL Cents $ 0 °0 $ I Il DO. Per Each 31. 65 Each Five Gallon Plants P @ -�vJ v% �,O(Dollars and tWa Cents $ 2oa $ 2 5 Per Each 32. 5 Each Ground (Flats) Cover @ Dollars and ri 0 Cents o v $ SO Per Each 33. 570 S.F. Sod @ 4u0 Dollars and Z ^ o D I 46 Cents $ $ Per Square Foot 34. Lump Sum Modification o Irrigation System t% N s41*0 �� Dollars and p60 oo �� No Cents $ Per Lump Sum 35. Lump Sum 90 -Day Plant Establishment/ Maintenance period @0/VC -/—bOvS 6WDollars and /Ooo U "0 $ Per Lump Sum PR7of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 36. Lump Sum Survey utr -� OVSV%04 Dollars and o No Cents $ Sdo Per Lump Sum TOTAL PRICE IN WRITTEN and ND Cents $ 0 00 ,, Total Price (Figures) uate S Co ,Z gG�- V Z (Q CIO -(ozyF Q.go."S07-9 Bidders Telephone and Fax Numbers (o70q '7 e A d C--L7 Bidders License No(s) and Classification(s) Bidders Auth*(zed'Signature and Title r (5A-1 Mh y s f Lg Ahe#- Bidders Address tnc- f(O£n, 61� `7 0U,7 / SECTION 2 2 -5 2 -5.3 2 -5.3.1 2 -5.3.2 2 -6 2 -9 2 -9.3 SECTION 3 3 -3 3 -3.2 3 -3.2.3 SECTION 4 4-1 4-1.3 4 -1.3.4 SECTION 6 6-1 6 -7 6 -7.1 6 -7.2 6 -7.4 • • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CLIFF DRIVE PARK REHABILITATION CONTRACT NO. 3528 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SCOPE AND CONTROL OF THE WORK PLANS AND SPECIFICATIONS Shop Drawings and Submittals General Shop Drawings WORK TO BE DONE SURVEYING Survey Service CHANGES IN WORK EXTRA WORK Payment Markup CONTROL OF MATERIALS MATERIALS AND WORKMANSHIP Inspection Requirements Inspection and Testing PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK TIME OF COMPLETION General Working Days Working Hours i 1 1 1 1 2 2 2 `: 2 2 2 2 2 3 3 3 K 3 3 4 4 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -2 LABOR 4 7 -2.1 General 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 6 7 -10.7 Notices to Residents 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS 11 201 -3.1 General 11 SECTION 202 MASONARY MATERIALS 11 202 -1 CONCRETE ACCESSORIES 11 202 -1.1 General 11 SECTION 203 BITUMINOUS MATERIALS 12 203 -11 RUBBERIZED PLAYGROUND SURFACES 12 203 -11.1 General 12 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 12 212 -1 LANDSCAPE MATRIALS 12 212 -1.4 Plants 12 212 -1.4.1 General 12 212 -2 IRRIGATION SYSTEM MATERIALS 13 212 -2.1 Pipe and Fittings 13 212 -2.1.3 General 13 212 -2.2 Valve and Valve Boxes 13 212 -2.2.7 Valve Boxes 13 212 -2.4 Sprinkler Equipment 13 212 -3 ELECTRICAL MATERIALS 13 212 -3.2 Conduit and Conductors 13 212 -3.2.2 Conductors 13 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 14 300 -3 STRUCTURAL EXCAVATION AND BACKFILL 14 300 -3.1 General 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -1 CONCRETE STRUCTURES 14 303 -1.3 Forms 14 303 -1.9 Surfaces Finishes 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 14 303 -5.1 Requirements 14 303 -5.1.1 General 15 303 -5.4 Joints 15 303 -5.4.1 General 15 303 -5.5 Finishing 15 303 -5.5.1 General 15 303 -7 ARCHITECTURAL' €ORM LINERS 15 303 -7.1 Requirements 15 303 -7.1.1 General 15 303 -7.1.2 Submittals 15 SECTION 304 METAL RAILINGS 15 304-2 METAL RAILINGS 15 304 -2.1 Metal Hand Railings 15 304 -2.1.2 Fabrication 15 304 -2.1.3 Installation 15 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 16 308 -1 GENERAL 16 308-2 EARTHWORK AND TOPSOIL PLACEMENT 16 308 -2.3 Topsoil Preparation and Conditioning 16 308 -2.3.2 Fertilizing and conditioning Procedure 16 308 -4 PLANTING 17 308 -4.1 General 17 308 -4.2 Protection and Storage 18 308 -4.5 Tree and Shrub Planting 18 308 -4.5.1 Palm Tree Planting 20 308 -4.9.3 Seeding and Mulching 20 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 21 Last saved by mlocey05 /22/2003 2:48 PM f.\ users\ pbw \shared\connacts\masters\masters for contract set up\master specs mdm.doc 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CLIFF DRIVE PARK PLAYGROUND RENOVATION CONTRACT NO. 3528 INTRODUCTION SP 1 OF 21 All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5182 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1997 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICAITIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.1 General. Add to this section: "Contractor shall prepare and submit a sample of each required slab finish, excluding only monolithic trowel and flat finishes. Submittals shall also include a transverse expansion joint, scoring and edging." 2 -5.3.2 Shop Drawings. Add to this section: "The Contractor shall provide shop drawings for each component and park bench. Shop drawings shall indicate layouts, component locations, dimensions, set - backs, details of assembly, anchors, footing details and all appurtenances required to assemble components. Three (3) sets of shop drawings shall be submitted to the Engineer within twenty -one (21) calendar days of award of contract. The Contractor shall provide data on all site furniture, equipment and materials, including accessories, utility characteristics, connection requirements and product cut - sheets. The Contractor shall provide three (3) sets of the manufacturer's installation instructions to the Engineer within twenty (21) calendar days of award of the contract." • SP2OF21 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of providing survey, removing and disposing of existing improvements, grading, installation of drainage system, constructing PCC retaining walls, constructing PCC sidewalk and rubberized surface with reinforcement, installing City furnished playground equipment, installing irrigation, landscaping, relocating existing palm trees and constructing other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. All existing street centerline ties and property comer monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4- -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements .. . • • SP3OF21 4 -1.3.4 Inspection and Testing. All material and articles fumished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within thirty consecutive working days after the date on the Notice to Proceed. " It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in .. . 0 • SP4OF21 September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th (1/2 days for Christmas Eve), December 25th (Christmas) and January 31st (1/2 day for New Years Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -2 LABOR 7 -2.1 General. Add to this section: 'The Contractor shall hire an experienced sub- contractor to install the playground equipment. The Contractor shall submit references for the sub - contractor's previous work involving the installation of playground equipment to the Engineer for approval. The Contractor will coordinate the installation of the playground equipment with the installation of the rubberized playground surface." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: 'The Contractor shall protect all existing City irrigation facilities in place." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit • SP5OF21 with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, drainage channel or the bay. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the Contractor for all costs plus 15 percent. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. The contractor shall maintain access to the basketball court, restroom and recreation building at all times. In addition the Contractor shall fence off the entire work area with a 6 -foot high temporary chain link fence during the construction." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the storage area. The Contractor shall restore the storage area to its pre - construction condition. The Engineer may require new construction if the pavement condition has been compromised during construction." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." a • SP6OF21 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter fumished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess Business Licenses issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. • SP7OF21 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work complete and in place. Also included is the preparation of a Best Management Practice proposal to mitigate any potential migration of deleterious materials into any drainage system. Item No. 2 Removal of Materials and Structural Excavation: Work under this item shall include removing all natural, man -made and objectionable materials from the site within the construction limits and all other work items as required to complete the work in place. Work under this item shall also include pruning roots of any adjacent trees that interfere with the construction and all work necessary to root prune trees complete and in place. Item No. 3 Temporary Chain Link Fence: Work under this item shall include providing and installing a temporary chain link fence around the construction site to secure the construction site from access by unauthorized individuals and all other work items as required to complete the work in place. Item No. 4 Salvage Playground Equipment: Work under this item shall include the careful removal of the existing playground equipment by exposing and chipping off existing concrete footings, disassembling the equipment to an easily transportable size, with all segments being less than 10 feet in length, and transporting the equipment to a City facility designated by the Engineer and all other work items as required to complete the work in place. Item No. 5 Grading: Work under this item shall include all rough grading of the site and import/export, if necessary, topsoil, and all other work as required to complete the work in place. • • SP8OF21 Item No. 6 Drainage System: Work under this item shall include supplying and installing all excavation, material and other worts as required to complete the work in place. Item No. 7 Concrete Sidewalk and Landing: Work under this item shall include constructing 4 -inch thick P.C.C. slab for sidewalk and landing areas, with colored concrete, sawcutting control joints, installing Expansion joints and all other work items as required to complete the work in place. Item No. 8 Concrete 6 -Inch Wide PCC Mow Strip: Work under this item shall include constructing a 6 -inch wide P.C.C. mow strip, with colored concrete, and all other work items as required to complete the work in place. Item No. 9 Concrete 8 -Inch Wide PCC Mow Strip: Work under this item shall include constructing an 8 -inch wide P.C.C. mow strip, with colored concrete, and all other work items as required to complete the work in place. Item No. 10 Concrete Steps: Work under this item shall include constructing P.C.C. steps, with colored concrete, and all other work items as required to complete the work in place. Item No. 11 Concrete Sub Base with Reinforcement: Work under this item shall include constructing 4 -inch thick P.C.C. sub base for the rubberized surface including the installation of #4 reinforcing bar and all other work items as required to complete the work in place. Item No. 12 Rubber Play Surface: Work under this item shall include installation of the rubberized play surface over the concrete sub base per ASTM Requirements and all other work items as required to complete the work in place. Item No. 13 Concrete Retaining Walls: Work under this item shall include constructing footings, concrete retaining walls per CNB Std. -220 -L and all other work items as required to complete the work in place. Item No. 14 Concrete Retaining Walls: Work under this item shall include constructing footings, concrete retaining walls per CNB Std. -225 -L and all other work items as required to complete the work in place. Item No. 15 Concrete Pilasters: Work under this item shall include constructing footings, concrete pilasters and all other work items as required to complete the work in place. Item No. 16 Form Liner Treatment for Walls A & B: Work under this item shall include all work necessary to install form liners, insure transfer of the pattern to the City's satisfaction, removal of form liners and all other work items as required to complete the work in place. • • SP9OF21 Item No. 17 Anodized Aluminum Hand Rails w /Anti Skate Bolts (sidewalk Mount): Work under this item shall include providing anodized aluminum handrails and stainless steel skate stopper bolts, installation of these items in the sidewalk area and all other work items as required to complete the work in place. Item No. 18 Anodized Aluminum Hand Rails w /Anti Skate Bolts (Wall, Center Mount): Work under this item shall include providing anodized aluminum handrails and stainless steel skate stopper bolts, installation of these items in the center of the wall and all other work items as required to complete the work in place. Item No. 19 Anodized Aluminum Hand Rails w /Anti Skate Bolts (Wall Surface Mount): Work under this item shall include providing anodized aluminum handrails and stainless steel skate stopper bolts, installation of these items on the surface of the wall and all other work items as required to complete the work in place. Item No. 20 Anodized Aluminum Guardrails: Work under this item shall include providing and installing anodized aluminum guardrails and all other work items as required to complete the work in place. Item No. 21 Precast Concrete Bench: Work under this item shall include providing and installing a precast concrete bench and all other work items as required to complete the work in place. Item No. 22 Precast Concrete Column Caps: Work under this item shall include providing and installing a precast concrete column caps and all other work items as required to complete the work in place. Item No. 23 Cast Skate Stoppers: Work under this item shall include providing and installing a cast skate stopper decorative plaques along wall B and all other work items as required to complete the work in place. Item No. 24 Cultured Stone Stream Cobble: Work under this item shall include providing and installing cultured stone stream cobble on the pilasters and all other work items as required to complete the work in place. Item No. 25 Cultured Stone Comer Pieces: Work under this item shall include providing and installing cultured stone corner pieces on the pilasters and all other work items as required to complete the work in place. Item No. 26 Cultured Stone Skimmers: Work under this item shall include providing and installing cultured stone skimmers and all other work items as required to complete the work in place. Item No. 27 Install Playground Equipment: Work under this item shall include installing playground equipment, provided by the City, per manufacturer's written installation instructions including new concrete footings to a grade compatible with that of the rubberized surface and all other work items as required to complete the work in place. .. 11 .. • • SP 10 OF 21 Item No. 28 Soil Preparation and Fine Grading: Work under this item shall include soil preparation including soil amendments, grading of the site and all other work as required to complete the work in place. Item No. 29 Relocate Palm Trees: Work under this item shall include the excavation, transportation, care and relocation of existing on site palm trees and all other work as required to complete the work in place. Item No. 30 One Gallon Plants: Work under this item shall include obtaining and installing all one gallon plants specified and all other work as required to complete the work in place. Item No. 31 Five Gallon Plants: Work under this item shall include obtaining and installing all five gallon plants specified and all other work as required to complete the work in place. Item No. 32 Ground Cover (flats): Work under this item shall include obtaining and installing ground cover in flats and all other work as required to complete the work in place. Item No. 33 Sod: Work under this item shall include obtaining and installing sod and all other work as required to complete the work in place. Item No. 34 Modification of Irrigation System: Work under this item shall include furnishing and installing all schedule 40 PVC irrigation pipes, valves, fittings, heads, rotors and all other work necessary to remove the existing irrigation system, construct the new irrigation system and connect to the existing irrigation system complete and in place. Item No. 35 90 -Day Plant Establishment and Maintenance Period: Work under this item shall include the maintenance of all plantings, weeding, irrigation, fertilization, replacement of dying plantings for a period of 90 consecutive calendar days, and all other work necessary for 90 -day plant establishment and maintenance complete and in place. Item No. 36 Survey: Work under this item shall include supplying any and all survey required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE ... . • • SP 11 OF 21 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction of concrete pavement, sidewalk, curb, steps and landings shall be Class 560 -C -3250. Portland Cement concrete for construction of concrete retaining walls be Class 650 -C- 4000" 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A -615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201 -3.1 General. Add to this section: "Caulking of expansion joints where called for on the Plans shall be done with a non - tracking, multi -part flow type, self - leveling, polyurethane sealant manufactured by Chem -Seat, Grace, 3 -H or approved equal. Color shall be medium gray or as otherwise noted on the Plans. Caulking shall be done by an experienced applicator in a workmanlike manner, in smooth straight runs, after thoroughly cleaning and priming joints. All work shall be done in strict accordance with manufacturer's printed recommendations. Traffic will not be permitted over seated joints until sealer has fully cured." SECTION 202 -- MASONARY MATERIALS 202 -1 CONCRETE ACCESSORIES 202 -1.1 General. The Contractor shall install the following accessories to the project: A. Concrete Bench. Direct bury per manufacturer's details. Model: OEM -84B Texture: T -2 Light sandblast Color: C3 LATTE Manufacturer: Quickcrete Products Corp. P.O. Box 639, 741 West Parkridge Avenue, Norco, CA 91760 Phone: (909) 737 -6240, Fax (909) 737 -7032 B. Column Caps Model: Q -E30PC Texture: T2 Light Sandblast Color: Sand Manufacturer: Quick Crete Products Corp. Post Office Box 639, 741 West Parkridge Avenue Norco, CA 91760 Phone: (909) 737 -6240, FAX (909) 737 -7032 • # Alternate Column Caps Model APC2401 MFG: San Diego Precast Concrete C. Cultured Stone for Pilasters Color: Summer Product: Stream Stone w/15% skimmer Available through: Thompson Building Materials 141 W. Taft Avenue Orange, CA (714) 637 -7373 SECTION 203 - -- BITUMINOUS MATERIALS 203 -11 RUBBERIZED PLAYGROUND SURFACES SP 12 OF 21 203 -11.1 General. The Contractor shall hire an experienced sub - contractor to construct a 3 -inch thick rubberized surface on a 4 -inch thick reinforced PCC slab. The Contractor shall submit references for the sub - contractor's previous work involving the construction of rubberized surfaces to the Engineer for approval. The rubberized surface shall consist of a 2 Y2 -inch thick shock course consisting of recycled tire rubber buffings with urethane resin and a Y2 -inch thick colorized wear course consisting of granulated peroxide cured colored rubber bound by aromatic urethane. The Contractor will coordinate the installation of the rubberized playground surface with the installation of the playground equipment. The rubberized playground surface shall be 'Poured -in- place rubber surfacing" as manufactured by Surface America and available through: Coast Recreation Inc. 2082 S.E. Bristol, Ste 204 Newport Beach, CA 92660 Phone: (949) 553 -8065 Alternate Playground Surfacing: Tot Turf Phone: (602) 340 -8873 Pro-Tect Turf Phone: (714) 921 3940 SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.4 Plants 212 -1.4.1 General. Add to this section: 'The Contractor shall complete the landscaping with the plants called out in the plans. Soil amendments shall be approved by the Engineer prior to placement. The Contractor shall notify Bob Martinez of the Parks Department, (949) 644 -3054, one week prior to the removal of any existing vegetation to allow city forces to salvage any reusable plant material." • SP 13 OF 21 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings 212 -2.1.3 General. Add to this section: "All irrigation lines and fittings shall be as specified on the plans, with solvent weld socket fittings. The Contractor shall plug and pressure check the irrigation system to 175 P.S.I. for a period of one hour. Any leaks shall be repaired prior to installing landscape materials." 212 -2.2 Valve and Valve Boxes 212 -2.2.7 Valve Boxes. Add to this section: "All valve boxes shall be green H.D.P.E. Irrigation Boxes, Carson Brooks No. 1419 with lid marked "Irrigation Control Valve "." 212 -2.4 Sprinkler Equipment. Add to this section: "All sprinkler heads shall be Toro 570 with model series and description specified on the plans." 212 -3 ELECTRICAL MATERIALS 212 -3.2 Conduit and Conductors 212 -3.2.2 Conductors. Add to this section: "Irrigation wiring is to be a continuous run from end to end with no splices. The common irrigation wire is to spliced only at the valves. All irrigation wires in the pull box shall have a minimum of one foot of additional wire to accommodate any future repair." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Contractor shall meet with the Engineer to mark out the areas of removal and replacement." . 0 SP 14 OF 21 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300 -3 STRUCTURAL EXCVAVATION AND BACKFILL 300 -3.1 General. Add to this section: "Structural excavation shall also include the removal of existing retaining walls and footings a minimum of 1 -foot below proposed finished grades or, in some cases, the removal of the entire retaining wall and footing should a conflict with proposed construction exist." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -1 CONCRETE STRUCTURES 303 -1.3 Forms. Add to this section: "Where finished concrete is above grade and scheduled to be exposed, use Plyform Class I and II B -B, EXT -DFPA. Form coating shall be a non - grain- raising and non - staining type that will not leave residual matter on the surface of the concrete or adversely affect bonding to concrete of paint, plaster or other applied materials." 303 -1.9 Surface Finishes. Add to this section: 'The texture and color for the 4" flatwork, ramp, steps, and concrete mow strip shall be medium water wash finish in C- 12 Mesa Beige Chromix admixture with color cure by LM Scofield Co. The Pattern for the retaining wall (WALL "A ") shall be "Long Beach Wave" pattern by "Fitzgerald Formliners" as shown on the plans. The color and texture for the retaining wall (WALL "A ") shall be C25 Sombrero Buff Chromix admixture with color cure by LM Scofield Co, with a muratic acid wash finish on the waves only. The texture and color for Retaining Wall B shall be a muratic acid wash finish in color C25 Sombrero Buff Chromix admixture with color cure by LM Scofield Co. on the waves only." 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 0 SP 15 OF 21 303 -5.1.1 General. Add to this section: "Expansion joints and control joints shall be located in such a manner as to least impair the strength and appearance of the structure. In no case place an intersecting construction joint in such a way that two intersecting walks are separated by a construction or control joint at the point of intersection. Transition curves shall be part of a continuous pour of the intersection slab. Expansion joints shall be a maximum of twenty feet (20') apart, with control joints a maximum often feet (10') apart. Exceptions to this are specialty work joints which will be laid out as shown on the Plans. The Contractor shall obtain the Engineers approval of layout showing proposed location of joints before pouring concrete." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall provide control joints or make sawcuts at a minimum of 10 -foot x 10 -foot squares to minimize cracking in the playground area concrete slab. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall hold the surface grade tolerances to within 0.02 feet of those elevations shown on the plan." 303 -7 ARCHITECTURAL FORM LINERS 303 -7.1 Requirements 303 -7.1.1 General. A wave pattern shall be cast into the concrete retaining wall on the southerly side of the play area. Form liner shall be supplied by Fitzgerald Formliners, 1341 Pomona St., Santa Ana, CA 92705, phone (714) 547 -6710, fax (714) 547 -7958, Contact: Jenny Li. The form liner pattern shall be "Long Beach Wave ", pattern no. 17948, 48" wide X 33" high. The Contractor will follow all manufacturers' instruction regarding storage, handling, preparation and installation. 303 -7.1.2 Submittals. The Contractor shall provide a vertically cast 4' x 4' sample panel of specified finished concrete with pattern including the manufacturers catalog data, detail sheets, and specifications. Casting shall be stripped and cured a minimum of one week before the specified walls are to be constructed. Contractor shall obtain Engineers approval before proceeding with the construction of the wall. SECTION 304 -- -METAL RAILINGS 304 -2 METAL RAILINGS 304 -2.1 Metal Hand Railings 304 -2.1.2 Fabrication. Add to this section: "The Contractor shall install clear anodized aluminum handrails adjacent to the park site as indicated on the plans." 304 -2.1.3 Installation. Add to this section: "Post spacing shall be a maximum of 6' -0 ". Posts and rails shall be a minimum of 1 1/2" schedule 40 aluminum pipe, alloy 6063 -T6 or 6105 -T5, ASTM B -429 or B -221. Handrail shall be made of pipe and fittings 0 SP 16 OF 21 mechanically fastened together with stainless steel hardware. Handrail systems which use fittings that are glued or pop- riveted will not be acceptable. All handrail and components shall be clear anodized per Aluminum Association Plans M10C22A41 (215 -R1). The pipe shall be plastic wrapped to protect the finish during shipping, storage and erection. All aluminum surfaces in contact with concrete, grout or dissimilar metals will be protected with a coat of bituminous paint, mylar isolators or other approved material. Pickets shall be made of W diameter /.050 wall thickness aluminum with a maximum spacing between pickets of 4" on center, unless otherwise shown on the Plans. Railings shall be fitted with CraneVeyor Corp Skate Stoppers, item 105334 -6P (3/8" SS BUT HD MS X W) installed at a 20 -inch maximum spacing." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 6443083 a minimum of five workdays prior to beginning the worts. The Contractor shall describe his method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review." 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 308 -2.3 Topsoil Preparation and Conditioning 308 -2.3.2 Fertilizing and Conditioning Procedures. Add to this section: "Fertilizing and soil conditioning materials shall be packaged first grade, commercial quality products identified as to source, type of material, weight, and manufacturer's guaranteed analysis. Fertilizing and soil conditioning material shall not contain toxic ingredients or fillers in quantities harmful to human life, animals, or plants. The Contractor shall furnish a Certificate of Compliance stating that the material substantially meets the specifications. Exact fertilizing and conditioning materials and the required composition and quantities shall be determined by agronomic soils test. Commercial fertilizer shall be a palletized or granular product having a chemical analysis as specified here in. Commercial fertilizer shall be free - flowing material delivered in unopened sacks. Material which becomes caked or otherwise damaged shall not be used. Fertilizer composition shall be 16 -20 -0. SP 17 OF 21 Organic soil amendment shall be redwood sawdust free of shavings or particles of other woods such as fir or pine, supplied in bulk and .5% nitrogen stabilized by standard techniques. An acceptable substitute would be nitrogen stabilized fir or cedar sawdust ground to 0 -1/4" particle size and 1.0% nitrogen stabilized. PLANT TABLETS Plant tablets shall be Scotts Agriform 20 -10 -5 applied at the following rates: Tablet Size 21 Gram 5 Gram Container 1 Gallon 5 Gallon 15 Gallon 24" Box 36" Box Ground Size and Cover Larger Plants Applicatio 1 3 8 20 One 1 n Tablet per Rates (No. each foot of Tablets ) of height 308-4 PLANTING. Add to this section: 'The Contractor shall replant those areas excavated or damaged, at all construction locations, as a part of his irrigation system installation with vegetation of the same type as that removed. Ground cover shall be planted in accordance with Section 308 -4.7. Turf restoration shall be planted in accordance with Section 308 -4.3." 308 -4.1 General. Add to this section: 'Plant names indicated or listed in the "Plant Legend" on the Plans, conform to the approved names given in "An Annotated Checklist of Woody Ornamental Plants in California, Oregon, and Washington, Manual 4091 ", published by the University of California (1979). Except for names not covered therein, the established custom of the nursery is followed. Condition of plants shall be symmetrical, typical for variety and species, sound, healthy, vigorous, free from plant disease, insect pests, or their eggs, and shall have healthy normal root systems, well filling their containers, but not to the point of being root bound. Plants shall not be pruned prior to delivery, except as authorized by the Engineer. In no case shall trees be topped before delivery. The size of the plants shall correspond with that normally expected for species and variety of commercially available nursery stock, or as specified on the Plans. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, if any, specified on the Plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will be at the as bid unit price in the contract. Bare root planting shall be done only with special approval of the Engineer. All plant material shall be subject to the inspection and acceptance of the Engineer before planting. The Engineer shall inspect the plants for size and condition of root • • SP 18 OF 21 growth, insects, injuries and defects. Plants not accepted are to be removed from the site immediately and replaced with suitable plants. The Engineer reserves the right to reject entire lots of plants represented by defective samples. The Contractor shall moisten prepared surfaces immediately prior to installing plant material. The Contractor shall install plant material immediately after delivery to the site, within 24 hours after harvesting to prevent deterioration. The Contractor shall water landscaped areas immediately after installation." 308 -4.2 Protection and Storage. Replace this section with: "All plants shall be inspected by the Engineer prior to planting, including plants previously approved at the nursery. The contractor shall be responsible for he condition of all plants, planted or \otherwise until acceptance. The contractor shall regularly water all nursery stock in containers and place them in a cool area protected from the sun and drying winds. The Contractor shall not allow plants to dry out before or while being planted. Exposed roots shall be kept moist by means of wet sawdust, pear moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, weather in place or not, will not be accepted and shall be replaced at the Contractor's sole expense." 308 -4.5 Tree and Shrub Planting. Replace this section with: 'Planting holes shall be approximately square for container grown plants, and circular for balled and burlapped plants. The holes shall be twice the width of the plant container or ball, unless otherwise shown on the Plans. The holes shall be one - and -half times the depth of the root ball, or as shown on the Plans. The hole shall be larger, if necessary, to permit handling and planting without injury or breakage of the root ball or root system. Any plant having a broken or cracked root ball before or during planting shall not be planted. In the event that underground construction work or obstructions are encountered in the planting operation, alternate locations for plant material will be selected by the Engineer. Containers shall be opened and removed in such a manner that the root is not injured. Balled plant wrappings shall be loosened or cut back after plant is positioned in the planting hole. The native soil at the bottom of the planting holes shall be scarified to a depth of 6- inches. A. Planting Procedures. 1. The following material shall be thoroughly blended and used as a backfill mix. 6 parts by volume on -site soil 4 parts by volume Nitrogen Stabilized Organic Amendment 1 lbs. 16 -20 -0 per cubic yard of mix 2 lbs. Iron Sulfate per cubic yard of mix No mixing for individual planting holes will be permitted. Mix planting soil prior to backfilling and stockpile at the site. Iron sulfate shall not contact cement surfaces because severe staining could ,. - • • SP 19 OF 21 occur; repair and or replacement of stained cement shall be the responsibility of the Contractor. 2. Remove all plants from their containers and set so that, when settled, they bear the same relation to the required grade as they bore to the natural grade before being transplanted. Plant each plant in the center of the pit and backfill with prepared soil. Compact the backfill mix around the ball or roots. Do not use soil in muddy condition for backfilling. Do not fill around trunks or stems. Cut off all broken or frayed roots. For balled and burlapped plants, all burlap, ropes or wire shall be removed from the top of the root balls. 3. Thoroughly water each plant when the hole is one -half filled. 4. After watering, backfill the remainder of the hole and tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of the surrounding area. 5. After backfilling, a basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least six inches (6 ") of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of amended backfill material. 6. Set the plant tablets to be used with each plant on the top of the root ball so the required number of tablets to be used in each hole can be easily verified. Bury tablets upon approval by the Engineer. 7. Immediately after planting, apply water to each tree and shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 8. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, well below the root system of grass and plants. 9. Basins around shrubs and trees in slopes shall be permanently maintained. In turf areas, basins shall be maintained thirty (30) days following tree planting. They shall be removed at that time, unless otherwise directed by the Engineer. B. Pruning. Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one -third of the branching structure. • SP 20 OF 21 Upon approval of the Engineer, pruning may be done before delivery of plants, but not before plants have been inspected and approved. 308 -4.5.1 Palm Tree Planting. The Contractor shall be required to remove and relocate the palm trees shown on the plans per the following: A. Removal and Transport 1. Dig the palm tree allowing for a minimum 60" diameter root ball. Care should be taken to insure the palm tree will be adequately supported during this process. 2. Palm tree shall be transported using equipment large enough to completely support the palm tree, trunk and root ball. 3. Palm tree fronds shall be trimmed and tied to protect the crown of the palm tree prior to digging. 4. Contractor shall have the City's Urban Forester present when excavating, removing and relocating palm trees. B. Replanting 1. Install the relocated palm trees in the location shown on the plans or as directed by the Engineer within two hours of being dug. 2. Install palm trees in the locations shown on the plans per the Palm Tree Planting Detail and using the special backfill of: • 1 part — composted organic soil amendment • 5 parts washed plaster sand • 1 lb. — Gro -Power Palm Fertilizer 12 -8 -8 with slow release potassium (amounts per cubic yard of backfill material) 3. Composted organic soil amendment shall be Recyc Compost Soil Conditioner available from Recyc, Inc., Corona, CA (909) 371 -3929 or approved equal. 4. Compact backfill by waterjetting. Eliminate any voids as backfill progresses. 5. Support palm trees from three (3) sides' minimum using 2" x 4" S4S DF construction grade lumber, or wire cables and straps as approved by the Engineer. Obtain approval of the City's Urban Forester prior to removal of any and all tree supports. 308 -4.9.3 Seeding and Mulching. Replace this section with shrubs and ground cover areas after planting with two inches (2 ") Contractor shall place mulch of the type and consistency indicated: A. Mulch shall be "Forest Floor" (0 -2 ") Available from: Aguinaga Fertilizer Co. 7992 Irvine Boulevard Irvine, CA 92618 "Mulch trees, of mulch. The vy` 0 SP 21 OF 21 (949) 786 -9558 B. The mulch shall consist of fibrous, woody bark mixture of varied particle size with the following characteristics: Percent Passing 90 -100 80 -100 20 -60 Sieve Size 25.4 mm (1 ") 12.7 mm (1/2 ") 6.35 mm (1/4 ") C. Mulch shall be packaged in bales or bags unless the Engineer approves a bulk source in advance of delivery to the site of the work. The Contractor shall submit one sample of three (3) different mulch materials. The Engineer has the right to reject all samples and request additional samples until a suitable mulch material is approved. 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT Replace this section with: 'The maintenance period shall be a minimum of ninety (90) days after "Date of Acceptance of Installation" of all planting areas. The Contractor shall request in writing from the Engineer notification of the date of the start of the maintenance period. At the acceptance of all planting areas, the Contractor shall request in writing from the Engineer notification of the date of the completion of the maintenance period. The maintenance period shall not officially begin or end without written notification from the Engineer. The Contractor shall water, weed, fertilize, mow, edge, prune, spray and apply topdressing as necessary to promote a healthy growing condition. All planted areas shall be kept free of debris and shall be weeded and cultivated at intervals not to exceed ten (10) days. The Contractor shall maintain the project in a neat and attractive manner throughout the maintenance period. The first mowing of lawn areas shall be performed when the grass is 2 Y2-inches high and shall be repeated as often as necessary to maintain the lawn at a height of 2'/z- inches. In no case shall the lawn be cut lower than 1' /s- inches in height. The contractor shall adjust the irrigation system to sufficiently saturate root zone without rotting trees, shrubs, and ground cover. The Contractor shall fertilize with "Gro -Power Plus" at 30 lbs. /1,000 s.f. every thirty (30) calendar days (twice during the maintenance period), or as indicated by the agronomic soils test. Apply "Gro -Power Controlled Release Nitrogen" rive (5) calendar days before the end of the maintenance period, or as indicated by the agronomic soils test. The Contractor shall adhere to fertilization requirements of the soils tests (provided by the Engineer) at no additional cost." FAUSERSXP13=Shared \Contracts \FY 02 -03 \CLIFF DRIVE PARK IMPROVEMENTS C -3528 \SPECS C- 3528.doc