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C-3546 - Castaways Park Revegetation
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lavonne M. Harkess, MMC May 26, 2005 Pacific Restoration Group, Inc. P.O. Box 77038 Corona, CA 92877 -0101 Subject: Castaways Pak Revegetation (C -3546) To Whom It May Concern: On May 25, 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 9, 2004. The Surety for the contract is International Fidelity Insurance Company, and the bond number is 0371952. Enclosed is the Faithful Performance Bond. Sincerely, o�� 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 The Final Premium is • Predicated on the Final Contract Price •ond No. 0371952 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT One of Four Originals. CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 BOND NO. o17i992 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 12.00 226.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, awarded to PACIFIC RESTORATION GROUP, INC., hereinafter designated as the "Principal ", a contract for construction of CASTAWAYS PARK REVEGETATION, Contract No. 3546 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. 3546 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred sixty -eight thousand, eight hundred fifty -seven and 001100 Dollars (268,857.00) 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. W 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 Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been Surety above named, on the 120day of December PACIFIC RESTORATION GROUP, INC. (Principal) International Fidelity Insurance Company Name of Surety 1575 Treat Blvd., Suite 208 Walnut Creek, CA 94596 Address of Surety 925 256 -8760 Telephone executed by the Principal and Randy Spohn, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA. ALL - PURPOSE ACKNOWLEDGMENT of CALIFORNIA County of ORANGE On _ P,, 1 a0_before me, T. Cox, NOTARY PUBLIC, personally appeared Randy Soohn ® 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 /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the T. COX person(s) acted, executed the instrument COMM ... 1433359 m (J NOTARY PUBUGCAUPORNIA —i m ORANGE COUNTY W My Term EXP. August Z 2007 WITNESS my hand and official seal. Signature of Notary 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 9, 2004 Pacific Restoration Group, Inc. P.O. Box 77038 Corona, CA 92877 -0101 Subject: Castaways Park Revegetation (C -3546) To Whom It May Concern: On May 25, 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 June 4, 2004, Reference No. 2004000504780. The Surety for the contract is International Fidelity Insurance Company, and the bond number is 0371952. Enclosed is the Labor & Materials Payment Bond. Sincerely, C4, k' /kL'� 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 CITY OF NEWPORT BEACH Bond No. 0371952 PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 BOND NO. 0371952 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to PACIFIC RESTORATION GROUP, INC., hereinafter designated as the "Principal," a contract for construction of CASTAWAYS PARK REVEGETATION, Contract No. 3546 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. 3546 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, International Fidelity 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 sixty -eight thousand, eight hundred fifty -seven and 00 /100 Dollars (268,857.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so.as to give a right 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 terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF this instrument has been duly executed by the above named Principal and Surety, on the 1�th day of December 204i\ PACIFIC RESTORATION GROUP, INC. (Principal) International Fidelity Insurance Company Name of Surety 1575 Treat Blvd., Suite 208 Walnut Creek, CA 94596 Address of Surety 925 256 -8760 Telephone Randy Spohn, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On N Ila 3 before mew T. Cox, NOTARY PUBLIC. personally appeared Randy Spohn ® 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/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument T. COX m COMM...1433359 � U NOTARYPUBUCCAtIFORNIA —I ORANOECOUNTY WITNESS my hand and official seal. m ,Ay term UP. Au9� 2.2007 Signature of Notary 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk CitV of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in official Records, Orange County Torn Daly, Clerk- Recorder IIIiIIIIIIIIiiiIIIIIIIIIiIIIIIIIIIiIIIIIIIiIiIIIIIIIIiIIIIIIIIIIIIIIIIIIIIINO FEE 2004000504780 09:04am 06104104 107 23 N72 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 xempt from recor in ees pursuant to Government CodeVection 6103" NOTICE OF COMPLETION �1 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Pacific Restoration Group, Inc., of Corona, California, as Contractor, entered into a Contract on December 9. 2003. Said Contract set forth certain improvements, as follows: Castaways Park Revegetation (C -3546) e . . r. _ .• • - -• •. u. r • 11, -1• • r• • • - acceptable on May 25. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. - ubl rks Director City oFNewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. q Executed on V % m ^4 °M4 at Newport Beach, California. BY a4A� I{,al,},� City Clerk a� f � �FOR1Y J • i C -351v CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 May 25, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE FROM: Public Works Department - ~- R.Gunther, P.E. MAY 2 5 2004 949 -644 -3311 rgunther@city.newport-beach.ca.us APPROM SUBJECT: CASTAWAYS PARK REVEGETATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3546 RECOMMENDATIONS: Accept the work. Authorize the City Clerk to file a Notice of Completion. 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 December 9, 2003, the City Council authorized the award of the Castaways Park Revegetation contract to Pacific Restoration Group, Inc. The contract provided the removing of non - native grasses and ornamental plant materials, installing permanent irrigation in limited areas, and revegetating the park with native, drought tolerant plant and tree species. Existing native vegetation was retained and a fuel modification zone using native and drought resistant plantings was created to protect abutting residential properties. The park will be managed by the City of Newport Beach as a natural park. 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: $268,857.00 Actual amount of bid items constructed: $253,372.00 Total amount of change orders: $14,286.07 Final contract cost: $267,658.07 SUBJECT: Castaways Park Rev,tion - Completion and Acceptance of Contract No. May 25, 2004 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from the need for less hydromulch and hand - seeding. The final overall construction cost including Change Orders was 0.45 percent under the original bid amount. Three change orders totaling $14,286.07 were issued for the project. Change Order 1 in the amount of $4,127.32 provided for additional revegetation work. Change Order 2 in the amount of $8,008.75 provided additional clearing and plants. Change Order 3 in the amount of $2,150.00 provided additional native materials to add a small amount of color to the tear -drop area (areaVll) of the park. Environmental Review: A Negative Declaration for the project was recorded on January 24, 2002. Funding Availability: Funds for the project were expended from the following account(s): Account Description General Fund Contributions: Coastal Conservancy Grant and Nature Conservancy Grant Park Improvements Fund Account Number Amount 7015- C5100677 $92,885.00 7251- C5100677 $99,972.00 $50,000.00 7015- C3170043 $24,801.07 Total $267,658.07 The original completion date for the project was March 16, 2004 and all work was substantially complete by that date. Prepared by: Submitted R. Gunther, n G. Badum Construction Engineer tic Works Director CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC May 26, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion Castaways Park Revegetation (C -3546) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, 0 LaVonne . Harkless, CMC u 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk C'. of Newport Beach 3300 Newport 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 Pacific Restoration Group, Inc., of Corona, California, as Contractor, entered into a Contract on December 9, 2003. Said Contract set forth certain improvements, as follows: Castaways Park Revegetation (C-3546) Work on said Contract was completed on March 16. 2004, and was found to be acceptable on May 25. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company, Publrc rrks Director City ofNewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �j q Executed on V'� /� � 4 °�� at Newport Beach, California. BY U,Mtti �rG� I City Clerk O�a�W� m b. �<IFppli�r CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK 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 a.m. on the 20th day of November 2003, at which time such bids shall be opened and read for CASTAWAYS PARK REVEGETATION Title of Project Contract No. 3546 $230.000.00 Engineer's Estimate ►en G. Badum Works Director �a\ec�e o °�•�es�`a Q Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" or "C -27" For further information, call Stephen J. Luv . Bid Adminstrator at (949) 644 -3330 i 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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 SPECIALPROVISIONS ........ ............................................................... ..................... SP -1 2 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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 ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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. 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 substitution of money withheld by the City to ensure performance under the contract. The 0 0 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). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www_gpo.gov /davisbacon 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. 11. A successful restoration project requires a good understanding of native plant communities and the relationship between individual plant types within that community. The Contractor responsible for the installation of plants shall have a minimum of 5 years experience in planting restoration or habitat restoration projects and shall provide the City with a list of three separate projects completed within the past 5 years that demonstrates his/her experience along with contact names and phone numbers. THIS DOCUMENTS. The signature below represents that the above has been reviewed. 685 1 \ AA, c n Contractor's License No. & Classification -.t1nC 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 BIDDER'S BOND Bond No. PACRE -015 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent total bid amount Dollars ($ l07 of bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CASTAWAYS PARK REVEGETATION, Contract No. 3546 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 falls to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 19th day of Pacific Restoration Group, Inc. Name of Contractor (Principal) International Fidelity Insurance Company Name of Surety 1575 Treat Blvd., Suite 208 Walnut Creek, CA 94596 Address of Surety 925 256 -8760 Telephone Randy Spohn, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 Tel X973) 624/7200 PkER OF ATTORNEY 9 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BOND /RIDERICONSENTSIAMDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby Constitute and appoint RANDY SPORN its true and lawful altorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory to the nature thereof, which are or may he allowed, required or permotcd by law, suture, ode, regulation, contract or otherwise including any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the Department of Transpportation State of Florida, and the execution of much instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELIPIT INSI}RANCE COMPANY, as fully and amply, to all interns and purposes, as if die same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and ma yy he revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by die Board of Directors of INTERNATIONAL FIDELITY WSURANCE COMPANY at a meeting called and held on die 701 day of February, 1974, The President or any Vice President, Executive Vice president, Secretary or Assistant Secretary, shall have power and authority 0) To appoint Attorneys -in -fact, and to authorize dhoti to execute on behalf of the Company, and attach tire Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in die nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke die authority given. Further, this Power of Attorney is signed and scaled by facsimile pursuant to resolution of die Board of Directors of said Company adopted at a meeting duly called and held on the 29dh ay of April, 1982 of which die following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company maybe affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is atuched. �Qfph11 f f�r�. IN TESTIMONY WIMPEOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �\ G signed and its corporate seal to be affixed by its audhorized offer, this 31st day of August, A.D. 1998. POQ- j ' Wf y INTERNATIONAL FIDELITY INSURANCE COM NY SEAL m Z 1904 n STATE OF NEW JERSEY �JEPS�a3p County of Essex Seco," On this 31st day of August 1998, before me came the individual who executed die receding instrument to me personal) known, and, being by me duly mom. said the he is die therein described and autmrized offer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. �0ARQ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at die City of Newark. New Jersey the day and year first above written, NOTARY � PUBLIC JERS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of die By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that die same arc correct transcripts thereof, and of die whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 19th day of November, 2003 Assistant Secretary // . CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT IStateof CALIFORNIA County of ORANGE On ( before me, T. Cox, NOTARY PUBLIC, personally appeared Randy Spohn , ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /arc subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ics), and that by hislher /their signature(s) on the T. COX instrument the person(s), or the entity upon behalf of which the V) COMM...1433359 a) person(s) acted, executed the instrument U NOTARY 'PUBLIC-CALIFORNIA -i m - ORANGE COUNTY (il My Term Exp. August 2, 2007 essesswee+s� WITNESS my hand and official seal. v • kl�v r Signature of Notary 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ;' 1 ss. On ll zo 02> before me, DnY A R &14iics�S t oAkm P46- Dale _ Officer (e.g., "Jane Me, Notary Public') personally appeared !r % . y Place Notary Seal Above CI ✓ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(sT whose name(,sj' is/am- subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /her><their authorized capacity(+e&), and that by his /herftheir signature(oon the instrument the person(o, or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS y hand and fficial se I. Signatol of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1 1518.` S eoydo Document Date: 11 l t °L l0 3 Number of Pages: Z Signers) Other Than Named Above: ij jA-- Capacity(ies) Claimed Jp(1 ¢y ¢igner�5 12 Signer's Name: ✓� t O Individual Corporate Officer — Title(s): + lop of thumb here Partner — ❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: p I AGti LC- O 1999 Nauunal Notary AaWCialbn • 9?50 Da Soto Ave., P.O. �e 202 • CMa M, CA 91313- 2002 • x .natio tary.org Prof. No 5907 aae,oer. cell Toll-I'm 1 -800 8)fi -902) A.M. Best's Rating for International Fidelity Insurance Company Page 1 of 1 00520 - International Fidelity Insurance Company A.M. Best #: 00520 NAIC #: 11592 Best's Rating - A- (Excellent)' Financial Size Category i VI ($25 million to $50 million) *Ratings as of 11/20/2003 03:01:26 PM E.S. T. 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: / /www3. ambest .comlratingslrating.asp ?AMBNum = 00520 &Refnum=00520 &Siteza .. 11/20/2003 i 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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 Information Bid Item Description of Work % of Number Total Bid Name: a Address: Phone: State License Number: Name: Address: Phone: State License Number. Name: Address: Phone: State License Number. Bidder r 1 71 wo CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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 Cr, (�co,�n5 Project Description Qtr acSri6�' aFT Approximate Construction Dates: From i cc I To: 4 �Za9z. Agency Name CnINN crn\nS. )9�16 k\ Contact Person Telephone OM x-167. Lkc%R9 Original Contract Amount $ q` l ail Final Contract Amount $ 20125'1 If final amount is different from original, please explain (change orders, extra work, etc.) LQ 12 � 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. El 0 9 No. 2 Project Name /Number Project Description Approximate Construction Dates: From To: I L 1. Agency Name C n rG %i-ca< �3ivd' Contact Person G V —x S �.V' -As -. Telephone") 866. SSA \ Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 0 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. 3 Project Name /Number Ca,Nf�cws } o1W f3rnH<ca�'� Project Description Approximate Construction Dates: From 6 aQ To: a I iaa-ti Agency Name %:J 1�z �\ Contact Person C �,u t k 6) g Telephone (7S W1 ,�-kq &n Original Contract Amount $ v 1 W\ Final Contract Amount $ (03' 141 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. V No. 4 Project Name /Number Project Description ttic Cyc G: v rtyA A'�" Approximate Construction Dates: From Agency Name M kn- o Contact Person dAL,v\,- `AL� R. Telephone (R) LkL 2 Original Contract Amount $&&7 a) Final Contract Amount $ `-z%? Jyl 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 51M.GJ V-%> Project Description INX%4; r, t G��l Approximate Construction Dates: From '"( a© To: 1 \�2av'3 Agency Name Contact Person Azc:� Lov�Z Telephonef14l �ISq.6`{3a Original Contract Amount $ r1 (Final Contract Amount $ 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. W 01 0 • No. 6 Project Name /Number Project Description Approximate Construction Dates: From �1 ?c43 To: C� �6cu�r 2 �vL Agency Name � \k<d-X ,s (b iSC °9 Contact Person Telephone p(b) 312 "199 Original Contract Amount $10 l? ;inal Contract Amount $ 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the C ntr�c or current financial conditions. "I Bidder 1 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) being first duly sworn, deposes and says that he or she is lkzst�l� # of l24s4 -A a. _ ra V -T7 the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of I' mia that the foregoing is true and correct. 1 Bidder Au ftoriz �Si tur le Subscribed and sworn to before me this 20i-A day of k- LyF, -A&f5f .2003. [SEAL] Notary Public DANW M. RICHARDS My Commission Expires: I'> C'Li Camrhton #WN14 � ayos Coin 0: W-W [49 AVCann.8"WSap %=4 11 • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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): V t4:3') E C�,c lsk -* ztilP. Sam;, Ay-�" I cfl qZ-)13\ _, C�Z5 . 2 el�. R-) b� CQ 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name f-)A-s&e.. PzS��J7�,xL- <S<mwo 1;%.� 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 2002 2001 2000 1999 1998 Total 2003 No. of contracts 56 L( ( 2J 16 6 L (--s Total dollar Amount of Contracts (in Thousands of $ ) 3 �Z ( No. of fatalities o o a c o a 0 No. of lost Workday Cases 3 0 o a o a 3 No. of lost workday cases involving permanent transfer to ° o o a o O another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder Business Address: (L Jes Ovke a welra, Quo Goravti.�c �^z &�S Business Tel. No.: 'A00% $aq State Contractor's License No. and Classification: 6gS51\ A A r, 1-7 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of pequry that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 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 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ��Stbf� ss. On ) before me, QiP—' K. f" r Vo4AfiF Fyn G Date _ Na4oe and Title of Officer (e g.,'Jane Doe, otary�J Public ) personally appeared LAS personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -Ware subscribed to the within instrument and DANNY K RICHARDS acknowledged to me that 49/rAe /they executed ComffdwmB1275914 the same in 4icAw /their authorized capacity(ies), and that by kieFhef /their AAyCarr Rtver*b CA" �4 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Lyhan d a d official sal. Place Notary Seal Above Sign re ot rotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document h L Title or Type of Document: CIAS�A y S Ne- Q4j)"2A A 60 Document Date: _ tTLm3 Number of Pages: Signer(s) Other Than Named Above: Capacitm Claimed by S gnef Signer's Na Name: e: ❑ )ndividual t Y Corporate Officer — Title(s): Pilo—, 10 t-: C. ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .(A.'I'C . O 1999 National Ndary Association • 9350 De Soto Ave., PO, Box 2002 • Ctlatevarlh. CA 913132002 • xvw.na5onae,pary.or9 PmC. No, 5907 Re . Call Tdl -Free 1- BOpB]8E32I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 ACKNOWLEDGEMENT OF ADDENDA Bidders name �q <�'�c�t The bidder shall signify receipt of all Addenda here, if any: Date Received III 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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: tx- Business Address: 11,36 C', c) -? <ml Telephone and Fax Number: Fc,x Qc'vl 17 California State Contractor's License No. and Class: 5St \ Q 6 (REQUIRED AT TIME OF AWARD) Original Date Issued: 3'I7 •qy Expiration Date: 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 �nl� �Iz �� S Pc�S:d.�.jC �ls'L ke,r'a�\ �C� <•. -.�„ � �P °jv�,d7q,�gS� iii--L te.' r1 .119 _W'QK-'3 Corporation organized under the laws of the State of Cgl 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: -Z NcS All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes No 17 E u 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. (Print name of Owner or President Bidder�G� Title 20 Date Subscribed and swom to before me this ZCJ day of fl-,-V ENS— 2003. [SEAL] jY 18 11 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 county of ss. j>=4 U�j CDC J On )+ Zt D 3 , before me, Date personally appeared ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personM whose name* is /are subscribed to the within instrument and DANNY AA RICHARDS I acknowledged to me that he /aheAkey executed CommlalonN1275914 IL the same in his /hefk+ieir authorized Notary l'ubBc - Catlfarria y capacity(iee), and that by his /her#Heir Rlverslde County signature(e) on the instrument the person(*, or MMComm'B#re&Sep3wOt the entity upon behalf of which the person(Q- acted, executed the instrument. WITNESS my hand and offi:7%A Place Notary Seal Above Signal t of Nofhry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �ff4Q VA1J S pA /*V �{JU&t kr& Title or Type of Document: 1(� 1�:OdJa�Qt1 °IR�Ai Document Date: It f -, 3 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claim gd 4 Signer 2 I _ Signer's Name: J d l l r� u ,1 1 A Mil mufflem ❑ fI ividual L Top of thumb here W Corporate Officer — Title(s): �(�-$ I D K ♦ nl ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1n` (J f�� Signer Is Representing: �X �M, t " ' 'ter °-A f^JC 0 1999 Neeonal Notary Aeaociatlon • 8350 De Soto Ave., P.O. Box 2i • Cbata -aM, CA 8131&&02 • w natiorelmlage,U Prod. M. 5807 eeo, . Cell Toll -Free 1.000-0]8-882) 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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 CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 CONTRACT THIS AGREEMENT, entered into this 3L day of CkC.. , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and PACIFIC RESTORATION GROUP, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CASTAWAYS PARK REVEGETATION Project Description 3546 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. 3546, 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 0 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 sixty-eight thousand, eight hundred fifty -seven and 00 /100 Dollars (268,857.00). 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. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Pacific Restoration Group, Inc. P.O. Box 77038 Corona, CA 92877 -0101 Phone: 909 - 734 -9809 Fax: 909 - 734-9812 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 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 0 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 0 0 6. Right to Stop Work for Non - Compliance 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 f 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. ATTEST: oe,p.�R,�CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation vrPori-' By: fa Mayo PACIFIC RESTO N GROUP, INC. By: Autho ze ' a r and Title L 34 tv l `'5��M -, 25 AC-OW. CERTIFICA io izjjzo PRODUCER (559)650 -3555 FAX ( 650 -3558 Landscape Contractors (Lic#07S S906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno,, CA 93727 THIS CERTIFICATE WSUED 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 Pacific Restoration Group, Inc. PRIG Constructors Inc. P.O. BOX 77038 Corona, CA 92877 INSURERA: Everest National Insurance Co. 10120 INSURERS: Firemans Fund UNITS INSURER C: INSURER D: 1700003073-031 INSURER E: 09/10/2004 rnvFRArFC 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 kDDIL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMID� POLICY EXPIRATION UNITS AUTHORIZED REPRESENTATIVE IRA- GENERAL LIABILITY 1700003073-031 09/10/2003 09/10/2004 EACH OCCURRENCE S 1,000, ON X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S lOO,O CLAIMS MADE FX OCCUR MED EXP (My we Person) $ S , Q A X $SOO PD DED BLANKET CONTRACTUAL - PERSONAL& AM INJURY S 1,000,0 LIABILITY X XCU- Coverage GENERAL AGGREGATE $ 2,000,00 OCP,BFPD GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 2 QQQ,QQ POLICY X PR LOC O- AUTOMOBILE LIABILITY ANY AUTO 1700003073-031 09/10/2003 09/10/ZO04 COMBINED SINGLE LIMIT (Eaamdmt) S 1,000,00( X BODILY INJURY (Pef Person) S A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNEDAUTOS X BODILY INJURY (Per acciCmt) S X PROPERTY DAMAGE (Per acddmt) S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EAACC AUTO ONLY: AGO S ANY AUTO S EXCESSAIMBRELLA LIABILITY XYZ97286777 09/10/2003 09/10/2004 EACH OCCURRENCE S 5,000 00 X OCCUR FI CLAIMS MADE AGGREGATE $ S'000,000 B S $ DEDUCTIBLE Is RETENTION $ WORKERS COMPENSATION AND 3800000861 -031 09/10/2003 09/10/2004 X wcsrATU- A EMPLOYERS' LIABILITY ANY PROPRIETOR,PARTNERIEXECUTIVE OFFICELMEMBER EXCLUDED? N yas describe u,Mer SPECIAL PROVISIONS below E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER CRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract No 3S4S Castaways Park Revegetation ( see attached ECG20S020100 & ECGZOS011299 ) WC Waiver of Subrogation is attached * ** & CA20490299 This revises the certificate dated 11.26.03 * ** rT 0 day notice of cancellation will be given for non - payment of premiums or non - reporting of payroll. rFRTIFICATF Flnl TTFR rAMCFI 1 ATInIU ACORD 25 (2001108) CACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X%VM MAIL Public Works Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEPT, Attn: Shauna Lyn Oliver 3300 Newport Blvd X Newport BEach, CA 92663 AUTHORIZED REPRESENTATIVE IRA- ,Shirley Leone, CISR CPIW A ACORD 25 (2001108) CACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) POLICY NUMBER: 1700003073 -031 COMMERCIAL AUTO Pacific Restoration Group, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTOMOBILE COVERAGE FORM GARAGECOVERAGEFORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless Modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This Endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 12.10.03 Named Insured: Pacific Restoration Group, Inc. SCHEDULE Name of Person (s) or Organization (s): The City of Newport Beach, its officers, officials, employees and Volunteers (excluding professional liability) as it pertains to the job at Contract NO 3546 Castaways Park Revegetation. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page I of 1 ❑ • • POLICY NUMBER: 1700003073 -031 Pacific Restoration Group, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization: 1. Required to be named as an additional insured in a written contract or agreement; and 2. Approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the limits of Insurance under this insurance shall not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No Coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of: a. Your ongoing operations, or b. "Your Work" done under a contract with that additional insured and included in the "products - completed operations hazard ". ECG 20 502 0100 Page 1 of I 0 0 POLICY NUMBER: 1700003073 -031 COMMERCIAL GENERAL LIABILITY Pacific Restoration Group, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 11 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 11.25.03 Name of Person or Organization: The City of Newport Beach, its officers, officials, employees and Volunteers (excluding professional liability) as it pertains to the job at Contract NO 3546 Castaways Park Revegetation. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) 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. ECG 20 501 12 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 0 POLICY NUMBER: 1700003073 -031 Pacific Restoration Group, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization: 1. Required to be named as an additional insured in a written contract or agreement; and 2. Approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the limits of Insurance under this insurance shall not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No Coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of: a. Your ongoing operations, or b. "Your Work" done under a contract with that additional insured and included in the "products- completed operations hazard ". ECG 20 502 0100 Page I of 1 WORKERS COMPENSATION A& EMPLOYERS LIABILITY INSU#NCE POLICY WC 04 03 06 (Ed. 4 -84) 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. (Thus 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 you 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 Job Description All California Landscape Operations per Individual COntract Subject to $100.00 Minimum Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information above is required only when this endorsement is issued subsequently to preparation of the policy) EFFECTIVE DATE: 11.25.03 POLICY NUMBER: 3800000861 -031 ENDORSEMENT NUMBER: INSURED: Pacific Restoration Group, Inc. PREMIUM $ INSURANCE COMPANY — Everest National Insurance Company Countersigned By �+ WC 04 03 06 Copyright 1983 National Council on Compensation Insurance. (Ed. 04 -84) DEC -09 -2003 TUE 12;03 PM Fax 1co— 10.41(dl E CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach P. 01 /01 This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: _ /�? -1>3 Dept./Contact Received From: 0. O / Date Completed: L1 ��J- b .� Sent to: n AaAA,,,, o` By: Q Company /Person required to have certificate: P6LC_Z f}c' /{'e sbyw QW-U -4 _ T. GENERAL LIABILITY " -_ � n �`oA oQ A. INSURANCE COMPANY: CJ� W i B. AM BEST RATING (A; VII or greater): XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? XYes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? i `i E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? N(Ves ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? bi�yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? WYes ❑ No H. 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 I. 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): n `� x 77 � —. ---- C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500.000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes XNo F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? 1) /0-- ❑ Yes ❑ No 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Ly}-e L,gt (1rcDL) V b Q B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? N-Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? El Yes (No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Ay_-tz� . ry1`I SSA 9d ±-; I1 $d License Detail • • Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 685511 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the Iir button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments known to the CSLB are di • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 11/20/2003 * * * Business Information * * * PACIFIC RESTORATION GROUP INC P O BOX 77038 CORONA, CA 92877 Business Phone Number: (909) 734 -9809 Entity: Corporation Issue Date: 03/17/1994 Expire Date: 03/31/2004 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class I escription A GENERAL ENGINEERING CONTRACTOR © GENERAL BUILDING CONTRACTOR C27 LANDSCAPING * * * Certifications * * * IF-11 http: / /www2.cslb.ca.gov/ CSLB_ LIBRARY /License+Detail.asp ?LieNum= 685511 11/20/2003 Lipense Detail Page 2 of 2 Cert j Description II HIC HOME IMPROVEMENT CERTIFICATION * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 1846177 in the arc $7,500 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date: 12/28/2001 Contractor's Bonding History[ BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) JOH RICHARDS certified that he /she owns 10 percent or more of the voting stock/equity of corporation. A bond of qualifying individual is not required. Effective Date: 03/17/1994 BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) D/ MAAS RICHARDS certified that he /she owns 10 percent or more of the voting stock/equit corporation. A bond of qualifying individual is not required. Effective Date: 02/25/1998 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the EVEREST NATIONAL INSURANCE COMPANY (3138 -5) Policy Number: 3800000861031 Effective Date: 09110/2003 Expire Date: 09/10/200 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request Q 2003 State of Califomia. Conditions of Use Privacy Policy http:// www2. csl b. ca .gov /CSLB_LIBRARY/Licerlse+Detail .asp ?LicNum = 685511 11/20/2003 Company Profile Pagel of 2 Company Profile I n sl A anc ej INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102 -5207 Agent for Service of Process KEVIN CHAMBERS, 1575 TREAT BLVD. SUITE 208 WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 11592 NAIC Group #: 0000 California Company ID #: 4341 -4 Date authorized in California: February 09, 1996 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the gloss4a. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http: / /cdinswww. insurance. ca.gov /plslwu_co _proflidb_co _prof utl.get co_prot?p_EID =... 12/18/2003 r To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 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, Supplementary 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. 3546 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 @rte ��InuS�. Dollars and lLlo Cents Per Lump Sum 2. Lump Sum Clearing, Grubbing and Weed Abatement 0M, t Dollars and Lyu Cents Per Lump Sum 3. Lump Sum Traffic Control @ 66t �k<.ADollars and t i-M Cents $ 1t Per Lump Sum • 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3,100 L.F. Temporary Fence @ T(A c -A- - Dollars and itiiq Cents $ $ 9 3a6.<a1t> Per Linear Foot 5. Lump Sum Irrigation Modification and Installation Dollars and b_� Cents $ a5oco.� Per Lump Sum 6. 100 C.Y. Mulch Paths (3" Thick) @ Tin ;ak1 �cty� Dollars and V�>c� Cents $ 3S.4a $ 35�.ab Per Cubic Yard 7. 500 C.Y. Wood Mulch (1 -1/2" Thick) @ �c� �'� i. Dollars and (Uc1 Cents $ ;L5.aa $ Z _a J Per Cubic Yard 8. Lump Sum Hydromulch and Hand Seeding @ ��St�t c� aw��ollars and Cents $15 a°a Per Lump Sum 9. Lump Sum Tillage and Fine Grading @ u :� Dollars and �yd Cents $ A5 1(3<1t4, Per Lump Sum 10. Lump Sum Soil Amendments and Fertilizer Dollars and (UJ Cents $ t s _a6 Per Lump Sum PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 39,000 Ea. California Meadow Sedge Plugs @ tJ0 Dollars and I�l Cents $ • �� $ 2?a }�00 ,0 Per Each 12. 4,211 Ea. One Gallon Plants Dollars and Iycw Cents $ (Z.ca $ 'Sb 3Z Per Each 13. 325 Ea. Five Gallon Trees @3".�c� Dollars and t�j d Cents $ 2:5.oD $ 7. (L S . c►a Per Each 14. Lump Sum One -Year Maintenance Period @ �i�� �.� Dollars and (yJ Cents $ 56, q.*o Qa Per Lump Sum TOTAL PRICE IN WRITTEN WORDS ltNO �J/1pnEp ,Siui� -E — rvrv;�wvD. lby({µ✓notto.% -SMA Dollars and, ND Cents .1a .d3 Date 9a,cl ?3`l •Ct8ca,:3l 46i� 5z9 734.11eI14 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) 'v�S-i . iv Total Price (Figures) >d` Bidder Bidder's Addt6ss 1 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CASTAWAYS PARK REVEGETATION CONTRACT NO. 3546 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing 4 -1.6 Trade Names or Equals SECTION 5 UTILITIES 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6-9 LIQUIDATED DAMAGES 1 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 4 4 0 9 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 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 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 9 PART 2-- CONSTRUCTION MATERIALS SECTION 207 PIPE 9 207 -17 PVC PLASTIC PIPE 9 207 -17.1 General 9 PART 3 -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.5 Solid Waste Diversion 9 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 10 308 -1 GENERAL 10 Last saved by adminsetupl 1/06/2003 9:59 AM f :\users\pbw\shared\contracts \fy 03-04 \castaways park c-3546\specs index c- 3546.doc SUPPLEMENTAL SPECIAL PROVISIONS SECTION 100 SITE CLEARING SECTION 800 LANDSCAPING SECTION 900 IRRIGATION APPENDIX A — DOVER DRIVE — AREA 1 APPENDIX B — COASTAL BLUFF — AREA 11 APPENDIX C — COASTAL SAGE - AREA IV APPENDIX D - CANYON — AREA V APPENDIX E — MESA GRASSLAND SPRING MEADOW — AREA VI -B APPENDIX F — WILDFLOWERS — AREA VI -C Last saved by adminsetupt 1 /06/2003 11:42 AM f:\users\pbw\shared\contrac[s \fy 03.04 \castaways park c- 35461specs index c- 3546.doc • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CASTAWAYS PARK REVEGETATION PROJECT CONTRACT NO. 3546 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the attached Supplementary Special Provisions; (3) the Plans (Drawing No. P- 5187 -S); (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1997 edition), including Supplements; (5) 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 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of weeding, soil preparation, installing irrigation system and irrigation modifications, landscaping, maintenance period and other incidental items of work as required to complete the Work in place." 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 Contractors costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 • • SP2OF10 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 addition to the items shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished 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. 4 -1.6 Trade Names or Equals. Add to this section: 'The City has pre - qualified vendors for all plant material and seeds. The Contractor shall obtain all plant material and seeds from, 'Tree of Life Nursery", located at 33201 Ortega Highway, San Juan Capistrano, telephone number (949) 728 -0685 and /or "Greenlee Nursery Inc." located at 241 E. Franklin Avenue, Pomona, telephone number (909) 629 -9045; unless Contractor can establish, to the satisfaction of the Engineer, another vendor who will provide the same quality plant materials and seed as the pre - qualified vendors. " • SP3OF10 SECTION S--- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. The Contractor shall protect the drinking fountain located in Area III in place at all times." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 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. Due to the limited availability of native plants and grasses the Contractor shall order the plant material as soon as possible. There will be no extension of contract time due to the Contractor's inability to obtain plant material. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work, except for the landscape maintenance period, under the Contract within 50 consecutive working days after the date on the Notice to Proceed or March 19, 2004, whichever occurs first. " h • • SP4OF10 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 September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), '/z day on December 24"' (Christmas Eve), December 25th (Christmas) and '/2 day on December 31 (new Year's 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 7:00 a.m. to 4:30 P.M. Monday through Friday. The Contractor, his subcontractors, suppliers, etc. shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, 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 $1000 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 in order to minimize inconvenience to the public and open the park area as soon as possible." • • SP5OF10 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The Contractor shall protect all existing City irrigation facilities in place. City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less repair charges for damage to the meter. All water used during construction will be provided by the City at no cost to the Contractor. This includes water for flushing, pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7 -8.6 Water Pollution Control 7.8.6.1 Storm Water Pollution Prevention Plan and Monitoring Program (SWPPP) 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 or the Back Bay waters. 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 %. 7 -10 PUBLIC CONVENIENCE AND SAFETY 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. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take Contractor shall restore the laydown area to its Engineer may require new base and pavement if compromised during construction." • SP6OF10 photos of the laydown area. The pre - construction condition. The the pavement condition has been 7 -10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s) for each street. The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. Work along Dover Drive will require a traffic control plan. 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." 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" or "C -27" License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. • • SP7OF10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved drawings, exhibits and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings and exhibits of all work as the job progresses. A separate set of drawings and exhibits shall be maintained for this purpose. These drawings and exhibits 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- Buitt' corrections upon a copy of the drawings and exhibits. The "As- Built" correction drawings and exhibits shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 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 providing bonds, insurance and financing, establishing a field office, preparing the SWPPP, preparing the construction schedule, implementing the above plan, and all other related work as required by the Contract Documents. Item No. 2 Clearing, Grubbing and Weed Abatement: Work under this item shall include removing all objectionable materials, applying herbicides, and weed abatement within 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 trees that interfere with the construction and all work necessary to root prune trees complete and in place. Item No. 3 Traffic Control: Work under this item shall include preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the WATCH manual, 2001 edition, and City of Newport Beach requirements. • SP8OF10 Item No. 4 Temporary Fencing: Work under this item shall include providing, installing, maintaining and removing temporary fence to protect the site during installation of irrigation systems, planting and all other work as required to complete the work in place. Item No. 5 Irrigation Modification and Installation: Work under this item shall include modifying the existing irrigation system, installing additional irrigation system including valves, sprinkler heads, PVC supply lines, risers, quick links, stubouts for future irrigation, controller wiring, and all other work as required to complete the work in place. Item No. 6 Mulch Paths (3" Thick): Work under this item shall include grading, compacting, and installing mulch to provide path ways at designated locations in the park, and all other work as required to complete the work in place. Item No. 7 Wood Mulch (1 -1/2" Thick): Work under this item shall include grading, compacting, and installing mulch at areas as designated in the specifications, and all other work as required to complete the work in place. Item No. 8 Hydromulch and Hand Seeding: Work under this item shall include hand seeding and placement of hydromulch, as designated in the construction documents, and all other work as required to complete the work in place. Item No. 8 Tillage and Fine Grading: Work under this item shall include soil tillage, and fine grading, and soil import (if any) as designated on the drawings, and all other work as required to complete the work in place. Item No. 10 Soil Amendments and Fertilizer: Work under this item shall include providing and placing soil amendments and fertilizers in Area VI A and VII, as designated on the drawings, and all other work as required to complete the work in place. Item No. 11 California Meadow Sedge Plugs: Work under this item shall include providing and installing Sedge Grass Plugs in a spacing and pattern as specified in the drawings, and specifications, and all other work as required to complete the work in place. Item No. 12 One Gallon Plants: Work under this item shall include providing and installing one gallon plants in a spacing and pattern as specified in the drawings, and specifications, and all other work as required to complete the work in place. Item No. 13 Five Gallon Trees: Work under this item shall include providing and installing five gallon trees in a spacing and pattern as specified in the drawings, and specifications, and all other work as required to complete the work in place. Item No. 14 One Year Maintenance period: Work under this item shall include the maintenance of all landscaping; including, but not limited to, site irrigation, weed • • SP9OF10 control, erosion control, pest and disease control, replacement planting and weeding, installed under the contract for a period of one year from completion of the Castaways Park Revegetation project, and all other work as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 207 - --PIPE 207 -17 PVC PLASTIC PIPE 207 -17.1 General. Add to this section: "All irrigation pipes shall be schedule 40 PVC pipe or approved equal." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 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. 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." 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. 0 SP 10 OF 10 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 less than 2 inches in diameter 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) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe its proposed 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 tree roots 2- inches in diameter or larger, 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." F: \USERS\PBW\Shared \Contracts \FY 03-04 \CASTAWAYS PARK G3546 \SPECS G3546.doc SUPPLEMENTARY SPECIAL PROVISIONS SECTION 100 - SITE CLEARING PART 1: GENERAL 1.01 DESCRIPTION A. The Contractor shall furnish all labor, materials, tools, equipment, appurtenants and necessary incidentals for the complete clearing of site and removal as shown on the drawings and as specified herein. B. Site Clearing includes, but is not limited to: 1. Removal of non -native shrubs and other vegetation within work limits. 2. Removal of miscellaneous materials that is necessary to complete the site irrigation and planting. All trees shall be protected in place. Contractor shall check with the Engineer prior to removing any large bush. 3. Clearing and grubbing. 4. Protection of existing utilities scheduled to remain in place. 5. Mobilization 6. Sediment, erosion and dust control including the preparation of an erosion control plan. Other items of work as directed in these special provisions and not otherwise covered by a specific bid item. C. All items are the responsibility of the Contractor unless specifically noted otherwise. 1.02 RELATED DOCUMENTS The Contractor shall also adhere to all requirements of the Standard Specifications for Public Works Construction. 1.03 JOB CONDITIONS A. Traffic: Traffic control shall conform to the minimum standards as set out in the Work Area Traffic Control Handbook published by Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. The safety of the public is of the utmost importance. The Contractor shall anticipate using the following measures: Barricades /flasher SECTION 100 -SITE CLEARING -1 4, 2. Fencing: The contractor shall fence the entire project limits during the course of construction and first year of maintenance period, or as directed by the Engineer. 3. Security B. The Contractor shall conduct his clearing and removal operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks or other occupied facilities without permission from the property owner or under direction from the City Engineer. C. Protection of Existing Improvements. Provide protection necessary to prevent damage to existing improvements indicated to remain in place and conform to Section 300 -1.2 of the Standard Specifications for Public Works Construction. D. Site Access: The Contractor shall confine his access to the existing parking lot and trail system. Access to existing "paved" walkways is to be maintained throughout the construction period. Closure of any walks must be approved by the City. PART 2: PRODUCTS Products: Furnish all labor and equipment necessary for the work. All fill materials used for this work shall be as specified elsewhere in these specifications under imported topsoil. PART 3: EXECUTION A. General: All site clearing and removal shall conform to Section 300 -1.1 of the Standard Specifications for Public Works Construction. Site clearing shall include the removal of shrubs, grasses, and other vegetation, improvements or obstructions as required to permit installation of new construction. Removal includes digging out stumps, roots and other plant material. All items removed as part of clearing operations shall be hauled off site by the Contractor. Removed items will not be allowed to be buried within the site. B. Clearing and Grubbing: Clear site of all non- native plant species including ice plant, fennel and other vegetation as determined by the Engineer. 1. All weeds shall be sprayed with nonselective, systemic herbicide approved by the City. Non - selective herbicide for weed abatement shall be Reward on Iceplant, Lontrel; Turf and Ornamental on sweet clover and Round -Up Pro on Artichoke, Frennel, Bermuda Grass and other general invasive non -native species or approved equal. Application of these substances will be applied by persons holding the appropriate applicators license issued by the State of California. Remove weeds and undesirable plants completely from site. SECTION 100 -SITE CLEARING - 2 • f 2. All items removed shall be hauled offsite to an approved recycle disposal facility at the Contractor's sole expense. No removed items shall be buried onsite. 3. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. Scarify fill areas to a depth of 6 inches before placing fill material. 4. Place fill material in horizontal layers not exceeding 6" loose depth, and thoroughly compact to 80% relative compaction. C. Removal: Remove demolished materials from site and dispose of in an approved recycle waste facility. Do not bum or bury materials on site. Leave site in clean condition daily including weekends. END OF SECTION SECTION 100 -SITE CLEARING - 3 SUPPLEMENTARY SPECIAL PROVISIONS SECTION 800 - LANDSCAPING PART 1: GENERAL 1.01 DESCRIPTION A. The general requirements apply to all Landscaping work operations. Provide labor, materials, tools, transportation and all incidentals necessary to perform work as indicated on the Plans and as herein specified. B. Related Sections. 1. Section 100: Site Clearing 2. Section 900: Irrigation C. The Standard Snecifcations for Public Works Construction, "Greenbook ", 1997 edition, including supplements to date, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook ", unless otherwise determined by the City. 1.02 EXPERIENCE AND PLANTING REQUIREMENTS A successful restoration project requires a good understanding of native plant communities and the relationship between individual plant types within that community. The Contractor responsible for the installation of plants shall have a minimum of 5 years experience in planting restoration or habitat restoration projects and shall provide the City with a list of three separate projects completed within the past 5 years that demonstrates his/her experience along with contact names and phone numbers. THIS INFORMATION SHALL BE SUBMITTED FOR CITY REVIEW WITH BIDDER'S BID DOCUMENTS. restoration experience who shall be on site during all planting; The following Contractors have been pre approved and meet the minimum requirements as stated above. Those not listed below must be approved by the City. Sonora Botanical -Steve Mudge 305 Avenida Monterey #1 San Clemente, CA 92672 (949) 369 -0748 Habitat West -Gigi Hurst 938 S. Anderson, Suite F Escondido, CA 92086 (760) 735 -9378 Nakae & Associates SECTION 800 - LANDSCAPINGI 0 22693 Glenwood Drive Aliso Viejo, CA 92656 (949) 362 -0405 Natures Image- John Caruana 20381 Lake Forest Drive Suite B -19 Lake Forest, CA 92630 (949) 454 -1225 Pacific Restoration Group -John Richards 1280 Magnolia Avenue Corona, CA 91719 (909) 734 -9809 Reyco- Rick Reynolds 206 N. Smith Street Corona, CA 91720 (909) 737 -6778 Valley Crest Landscape- Santa Ana 1920 South Yale Street Santa Ana, CA 92704 (714) 546 -7975 0 1.03 PLANTING INSTALLATION SKETCHES (AREAS I, II, IV, V, & VI ) The Contractor shall provide typical plan view sketches and/or drawings for Areas I, 11, IV, V & VI that illustrates the location/relationship between the specified plant material. The sketches must be reviewed and approved by the Engineer. The group of plants shall be placed to achieve a natural looking mosaic throughout each of the planting areas. The layout of the plant material shall reflect a natural "established" stand of that particular plant community. A typical sketch will encompass an area of approximately 900 square feet. 1.04 QUALITY ASSURANCE A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. Manufacturer's directions, specifications and detailed drawings will be followed in all cases where articles used fumish directions covering points not delineated on the Plans or Specifications. C. The work included in this section will be done to the satisfaction of the City and the decision by the City as to the true construction meaning of the Plans and Specifications will be final. D. All drop slips for landscape materials (including plants, fertilizers, pesticides, seed mixes) shall be given to the Engineer. SECTION 800 - LANDSCAPING-2 1.05 ENVIRONMENTAL REQUIREMENTS A. Do not install landscape materials when ambient temperatures may drop below 45 degrees F (12 degrees C) or above 95 degrees F (39 degrees C). B. Do not install landscape materials when wind velocity exceeds 30 mph (48 k/hr). PART 2: PRODUCTS 2.01 REFERENCES A. ANSI Z60.1 - Nursery Stock. B. California State Department of Agriculture - Regulations for nursery inspections, rules, and grading. 2.02 PLANT MATERIAL A. Trees, shrubs, grasses, sedges and bulbs shall be grown by an established nursery having experience in cultivating native plants for restoration for a minimum of five (5) years. In addition the nursery shall have experience cultivating native plants for restoration. At the option of the Engineer, plants shall be inspected and tagged at the nursery prior to shipment to the planting site. 1. Trees: All trees shall be of the specified container size and of the species specified. 2. Shrubs: Shrubs shall be of the specified type and size, selected from high quality, well- shaped nursery stock. 3. Rose Pot Liner: Rose Pots shall be Minimum 2 %d' x 3" in size, selected from high quality, well- shaped nursery stock. 4. All plant stock shall be pre - inoculated with Tri-C mycorrhizal inoculum. 5. Sedge Plugs: Plugs shall be grown and remain in their containers until transplanted at site. All plugs shall be planted within eight (8) hours upon arrival on site. Root mass shall be at least 1 %z- inches in diameter with 1 -2- inches of top growth. Plugs shall be rooted, healthy, vigorous and ready to be directly planted into the soil. B. 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. SECTION 800 - LANDSCAPING-3 2.05 C. Condition of plants shall be in accordance with the California State Department of Agriculture's regulations for nursery inspections, rules, and grading and 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. D. Plants shall not be pruned prior to delivery, except as authorized by the City. In no case shall any trees be topped before delivery. E. 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 measurements, if any, specified on the Plans. Plants larger in size than specified may be used with the approval of the City, but the use of larger plants will make no change in contract price. F. No bare root planting shall be done. G. All plant material shall be subject to the inspection and acceptance of the City before planting. A representative number of plants as determined by the City may be inspected for size and condition of root growth, insects, injuries and defects. Plants not accepted are to be removed from the site immediately and replaced with suitable plants. The City reserves the right to reject entire lots of plants represented by defective samples. FERTILIZERS, SOIL CONDITIONING MATERIALS AND WATER A. General. 1. Fertilizing and soil conditioning materials shall comply with the applicable requirements of the State Food and Agricultural Code. All 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. 2. The Contractor shall furnish a Certificate of Compliance stating that the material substantially meets the specifications. B. Commercial Fertilizer. Areas I, II, III, IV, V, VIB and VIC: no fertilizer shall be applied. 2. Area VIA (Carex pansa Plantings) & VII - Commercial Fertilizer: Fertilize composition to be (16 -6 -8) Potassium sulfate (0 -0 -50) 5 pounds per 1000 s.f. Triple superphosphate (0 -45 -0) 4 pounds per 1000 s.f. Gypsum #3 75 pounds per 1000 s.f. Organic amendment 3 cubic yards per 1000 s.f. SECTION 800- LANDSCAPING -4 C. Organic Amendment. 1. Humus material shall have an ash content of no less than 8% and no more than 20 %. 2. The pH of the material shall be between 6 and 7.5. 3. The salt content shall be less than 10 millimho /cm @ 25 degree celcius (ECe less than 10) on a saturated paste extract, 4. Boron content of saturated extract shall be less than 1.0 parts per million. 5. Silicon content (acid - insoluble ash) shall be less than 20 %. 6. Calcium carbonate shall not be present if to be applied on alkaline soil. 7. Types of acceptable products are composts. Manure, mushroom composts, straw, alfalfa, peat mosses etc. low in salts. Low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on redwood of cedar. 9. Sludge -based materials are not acceptable. 10. The compost shall be aerobic without malodorous presence of decomposition products. 11. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen. D. Water. Water shall be clean, fresh and free of substances or matter which could inhibit vigorous growth of plants 2.06 NON - SELECTIVE HERBICIDE Non - selective herbicide for weed abatement shall be Reward on Iceplant, Lontrel; Turf and Ornamental on sweet clover and Round -Up Pro on Artichoke, Frennel, Bermuda Grass and other general invasive non - native species or approved equal. Application of these substances will be applied by persons holding the appropriate applicators license issued by the State of California. 2.07 MULCH (Areas VIA (Carex pansa Plantings) & VII) A. Mulch shall be "Forest Floor" (04") Available from or equal to: Aguinaga 7992 Irvine Boulevard Irvine, CA 92618 (949) 786 -9558 B. The mulch shall consist of fibrous, woody bark mixture of varied particle size with the following characteristics: SECTION 800 — LANDSCAPING -5 t 2.11 • • Percent Passing Sieve Size 90 -100 25.4 mm (1 ") 80 -100 12.7 mm (1/2 ") 20 -60 6.35 mm (1/4 ") C. Mulch shall be packaged in bales or bags unless the City 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 City Engineer, has the right to reject all samples and request additional samples until a suitable mulch material is approved. B. The Engineer has the right to reject all samples and request additional samples until a suitable mulch material is approved. HYDROMULCHING MATERIALS A. Hydromulch shall be wood cellulose fiber mulch of virgin cellulose wood fiber as available from or equal to Conwed. It shall contain no germination or growth- inhibiting factors. It shall have a consistent texture and shall disperse evenly and remain suspended in agitated water. It shall have a temporary green dye and the following property analysis. Moisture Content Organic Matter Ash Content PH Water Holding Capacity (Grams of H2O per 100 grams of fiber) - 9.0 %+ 3% O.D. Basis - 99.2 % +0.8% - 0.8%+0.2% - 4.8 % +0.5% - 1,150 Minimum B. Tackifier shall be Ecology Control M- Binder or approved equivalent. 2.12 SAMPLES A. Samples of products and materials shall be required by the City. Submittals for inspection shall be stored on the site until furnishing of material is complete. B. Delivery of products and materials may begin upon acceptance of samples or as directed by the Engineer. PART 3: EXECUTION 3.01 SOIL TILLAGE A. Areas III Fuel Modification, VI A- Carex pansa Plantings & VII prior to Weed Abatement. 1. Cross -rip the soil on 18 -inch centers to a minimum depth of 24 inches in areas where existing utilities, irrigation mainline and trees will not be damaged. Follow with roto - tillage to reduce soil clods to a maximum diameter of 1 %," SECTION 800- LANDSCAPING-6 inches in the top 6 inches. The soil moisture content should be partially damp. The moisture content should not be so great that excessive compaction will occur, or so dry that clods will not ?ilk readily. Remove debris and clods larger than 1 1/2 inches in diameter forte -'top 6 inches. M, _yam:. 2. Verify rate of drainage: The Contractor shall verify the rate of drainage at 2 feet in four (4) separate locations within the fore- mentioned areas. If the rate of water percolation is less than 1 inch per hour, install augured holes 20 feet on center within the three areas. Auger holes deep enough to allow 1 inch hour water penetration. Backfill with amended fill soil as used for backfilling transplants. Install auger holes prior to ripping and soil preparation if required. B. Areas IV & V (Slope less than 3:1) Cross -rip the soil on 12 inch centers to a minimum depth of 4 inches where existing utilities, irrigation mainline & tree will not be damaged. 3.02 PRELEACHING (Required for Areas VI A (Carex pansa Plantings only) & VII Leaching the soil prior to planting and lower the salinity to less than 3 millimho /cm measured in the saturation extract. Lower the SAR to less than 6. Reduce the chloride to less than 150 parts per million. After preleaching, apply ammonium sulfate (21 -0 -0) at 5 pounds per 1000 square feet. 3.03 APPLICATION OF SOIL AMENDMENT AND FERTILIZERS (REQUIRED FOR AREAS VI A (Sedge Grass Area) & VII ONLY.) Uniformly broadcast the specified fertilizer and homogeneously incorporate the material into the soil to a depth of six inches. 3.04 WEED ABATEMENT A. Weed Abatement for Areas M. VI A - Carex Dansa Plantin¢s & VII: After the installation of the new irrigation system for Areas III, VI, & VII begin watering daily for twenty -one (21) consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a non - selective herbicide as specified in Section 2.06 to eradicate the germinated weeds. Allow herbicide sufficient time to kill weeds. Remove dead weeds within 1" of the soil surface. Repeat the non - selective herbicide application two more times. The contractor shall include a dye indicator with the third application of the non - selective herbicide. B. Weed Abatement for Areas I, II, IV, V, VI B & VI C - For non - irrigated areas spray a non - selective herbicide to eradicate the germinated weeds. Allow herbicide to kill all weeds. Rake or hoe off all dead weed to a depth of /4 inch below the surface of the soil. Non - selective herbicide for weed abatement shall be Reward on Iceplant, Lontrel; Turf and Ornamental on sweet clover and Round -Up Pro on Artichoke, Frennel, Bermuda Grass and other general invasive non - native species or approved equal. Application of these substances will be applied by persons holding the appropriate applicators license issued by the State of California. SECTION 800 - LANDSCAPING-7 0 • 3.05 BACKFILL MIX Backfill shall be clean native material. 3.06 PLANTING GENERAL A. All sprinkler /irrigation work shall be inspected and accepted by the City, prior to start of any work of this subsection. B. Location of utility, structures and lines. Prior to excavation for planting or placing of stakes, locate all utilities, electric cables, conduits, irrigation lines, heads, valves and valve control wires, and all utility lines so that proper precautions may be taken not to damage such improvements. 2. In the event of a conflict between utilities and plant locations, promptly notify the City, which shall arrange for one or the other to be relocated. Failure to follow this procedure shall place upon the Contractor the responsibility to make, at his own expense, any and all repairs for damages resulting from work. C. All plants will be inspected by the Engineer prior to planting, including plants previously approved at the nursery. The Contractor shall be responsible for the condition of all plants, planted or otherwise, until acceptance. D. Quantities. 1. Plant materials shall be furnished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the Plant Legend, as indicated on the Plans. 2. The Contractor is to verify all sizes and quantities on the Plans. Promptly report any discrepancy to the Engineer. E. Substitution. Any plant material or any development materials specified by trade name or equal, shall be according to these Plans and Specifications. Installation and use of substitute items shall not be made until the Contractor is in receipt of written approval from the City. Substitution proposals for plant material must be accompanied by written proof of non - availability within a five hundred mile radius of the project site for material originally specified and proof that material was ordered in a timely matter upon award of contract. F. Protection and Storage. SECTION 800- LANDSCAPING8 • • 1. The Contractor shall regularly water all nursery stock in containers and place them in a cool area protected from sun and drying winds. 2. The Contractor shall` � � _low plants to dry out before or while being planted. Keep exposed roots mo _ y means of wet sawdust, peat moss or burlap at all times during planting op ons. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, whether in place or not, will not be accepted and shall be replaced at the Contractor's expense. 3. Plugs: All plugs shall be kept moist and placed in a shady area prior to planting. DO NOT LET SEDGE PLUGS DRY OUT. G. The Contractor shall moisten prepared surface immediately prior to installing plant material. H. The Contractor shall install sedge plugs immediately after delivery to site, within 24 hours after harvesting to prevent deterioration. I. The Contractor shall water landscaped areas immediately after installation. The Contractor shall verify material quantities from the plan layout. K. The Contractor shall notify the Engineer within 15 days of bid award in the event of unavailability of any plant material. L. No planting shall be started until irrigation system have been completed and approved by the Engineer. M. The Contractor shall ensure that all excavated plant pits have positive drainage. Plant pits when fully flooded with water shall drain within 8 hours of filling N. Finish grade of all planting areas to a smooth and even condition with no water pockets of irregularities. Construct a smooth transition from existing to new grade. 3.07 TREE AND SHRUB PLANTING A. Planting Holes. Planting holes shall be approximately square for container grown 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. B. Underground Obstructions. 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 City. Operation will be done at no extra cost to the City. C. Planting Procedures. SECTION $00 - LANDSC"ING9 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 native soil. Hand compact the backfill around the ball or roots. Do not use soil in muddy condition for backfilling. The root ball of the plant shall be 1" above the backfill. Do not fill around trunks or stems. Cut off all broken or frayed roots. 2. Thoroughly water each plant when the hole is one -half filled. 3. After watering, backfill the remainder of the hole and hand tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is 1" above finished grade of the surrounding area. 4. 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 the basins shall be constructed of amended backfill material. 5. 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. 6. Apply water in sufficient quantities to irrigate soil to full field capacity to a desired depth (18 -24 inches during plant establishment). Allow soil to dry down to approximately 50 -60 percent of field capacity, in the top 8 -12- inches during plant establishment before the next irrigation cycle. Planted areas shall be kept moist at all times, well below the root system of grass and plants. 7. Basins around shrubs and trees shall be removed at that time directed by the Engineer. D. 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. Upon approval of the Engineer, pruning may be done before delivery of plants, but not before plants have been inspected and approved. No topping cuts. 3.08 SEDGE PLUG PLANTINGS A. Soil preparation and fine grading shall be completed prior to sedge plug planting. B. Sedge plugs shall be planted in moist, but not soggy, soil and spaced as indicated on the Plans. C. Each plant shall be planted with its proportionate amount of flat soil to minimize root disturbance. Soil moisture shall be such that the soil does not crumble when removing plants. SECTION 800 - LANDSCAPING] 0 0 0 D. Following planting, sedge plugs areas shall be regraded to restore smooth fmish grade and to ensure proper surface drainage. Hand watering by hose shall begin immediately following planting and mulch shall be spread over the planted areas within eight (8) hours of watering. E. To prevent plant damage from pedestrian traffic during the initial growing stage, the Contractor shall erect temporary protective "snow" fencing to be removed at the end of the maintenance period or as directed by the Engineer. F. The Contractor shall hand water with a watering hose all sedge plugs individually and immediately following planting. Apply enough water to saturate soil. DO NOT LET PLUGS DRY OUT. G. All Sedge plugs shall be planted in- ground within eight (8) hours after being delivered to site. Any plugs not planted within 8 hours after being delivered shall be rejected and replaced with new and fresh plugs at no cost to the City. 3.09 HAND SEEDING (Area II, IV, IV B) Seed shall be applied by hand in the areas with existing established plants, and between plants among the groups of container plants in al other planting areas. Hand seeding in these areas will avoid hydromulching over existing plants and installed container plants. Seed shall be mixed together as specified in the seed mix and spread in open areas between container plants. Seed shall be lightly raked into the soil. 3.10 HYDROMULCHING (Area VI C only) A. Equipment. Equipment must have minimum capacity of 1,500 gallons, and a positive displacement pump with the ability to agitate and properly mix the hydroseeding materials. The pump must be capable of creating 100 psi pressure with sufficient volume to distribute the hydroseeding slurry evenly over 12,000 square feet within a 15 minute period. B. Hydromulch Contractor. 1. The Hydromulch Contractor shall fumish not less than two (2) employees during all hydromulching/hydroseeding applications. 2. The Hydromulching Contractor shall fully guarantee his work and services and shall be fully insured, and be prepared to furnish satisfactory evidence of such insurance upon demand. C. Application Methodology. 1. The materials for hydromulched areas shall be machine mixed before application. 2. The mixture of seeds and additives are to be applied by a hydromulching machine. The nozzle height shall be between six (6) feet and ten (10) feet above the ground level. Discharged pressure at the nozzle shall be 100 psi. SECTION 800-LANDSCAPING-11 r Spraying shall be done in a sweeping motion allowing the slurry to fall evenly and eventually building up a fairly consistent matting. D. Soil Moisture. 1. Areas to be hydromulched shall be irrigated per section 3.07. 2. Areas to be hydromulched shall be irrigated immediately prior to hydromulch to insure that the ground is in a moist condition. E. Certification. Certification of weights and analysis shall be required by the City for all of the following materials used: soil conditioners; fertilizers; tackifiers; hyromulch; and seed. F. Time Limit. All slurry mixture which has not been applied to the designated area within four (4) hours after mixing will be rejected and removed from the project at the Contractor's expense. G. Protection. Special care shall be exercised by the Contractor in preventing any of the slurry from being sprayed outside of the areas to be hydroseeded or onto drainage ditches and channels which may impede the free flow of rain or irrigation water. Any slurry spilled into restricted areas, including existing trees, plants, and walkways/trails, shall be removed immediately by and at the Contractor's expense to the satisfaction of the City. H. Remulching/Reseeding. 1. It shall be the responsibility of the Contractor to ensure that the site is properly prepared, the irrigation system is operational, and programmed not to adversely affect his operations or application. 2. If the site is not properly prepared, or is damaged by equipment (i.e., tire ruts, poor soil conditions, too wet, insufficient compaction, etc.), hydroseeding shall not take place. Area of repair shall be blended and floated to match surrounding areas and remulched/reseeded. If repair is required, all bare spots shall be rehydromulched by the Contractor within ten (10) days. The Contractor shall be responsible for all reseeded areas for as long as necessary after seeding until an acceptable stand of hydroseeded material is germinated and approved by the Engineer. I. Supplemental Irrigation Irrigation During Germination Stage. a. Begin watering sequence approximately twenty -four (24) hours after hydromulching is completed in compliance with the per Castaways Park Revegatation Plan, unless conditions indicate otherwise. SECTION 800 - LANDSCAPING -12 J 0 0 b. Continue watering long enough to moisten soil thoroughly to the depth of slurry. C. Exercise care to prevent super - saturating and washing away of slurry and seed. d. Perform frequent and light watering until seedlings have grown beyond the germination stage. Usually from 45 to 90 days. e. Water at the rate required to maintain the optimum moisture content in soils during this period, to allow maximum germination. f Maintain constant observation of irrigation system during operation. Adjust watering sequence as necessary relative to prevailing air temperature, wind velocity, soil texture, orientation and other influencing factors. 2. Irrigation During Establishment Stage. a. After germination, reduce frequency of watering, while increasing duration of each watering cycle, unless conditions indicate otherwise. b. A watering program will be based upon the plants needs and as approved by the Engineer in per Castaways Park Revegatation Plan. Unless otherwise directed, the Contractor will provide supplemental irrigation to all the planting areas and will utilize the existing quick couplers to deliver water during the first year of maintenance. 3. Irrigation During Hardening -Off Stage. a. At the end of the first year of maintenance, all irrigation shall be in compliance with per Castaways Park Revegatation Plan. Hydromulching (Area VI C only) A two -step hydromulching technique shall be used. STEP 1 [Lbs. /acre per Appendix] - Seed: [See Appendices for Seed Mix] 500 lbs. /acre - Virgin Wood Cellulose Fiber Mulch Note: The above mixture in the preparations indicated shall be applied with hydroseeding equipment within (60) minutes after the seed has been added to the mixture. STEP 2 SECTION 800 - LANDSCAPING -13 0 0 1,500 lbs. /acre - Virgin Wood Cellulose Fiber Mulch 160 lbs. /acre - Ecology Controls M- binder Note: Once the seed is added to the mixing tank, application must be made within one hour. If the temperature exceeds 90 degrees Fahrenheit (32 degrees Celsius), Step 2 must be applied within three hours of the first. 3.11 MULCHING Apply mulch to a depth of 1 %z inches to Areas III, VI (Carex pansa Plantings area only), VII. Apply mulch to a depth of 1 '/2 inches around existing tree (10 -foot diameter) and around new plantings (2 -foot diameter). Apply mulch to a depth of 3 inches for new pathways with a binder. 3.12 INSPECTION A. All inspections herein specified shall be made by the Engineer. The Contractor shall request inspection a minimum of forty-eight (48) hours in advance of the time the inspection is required. Requested inspections, subsequently canceled without twenty - four (24) hours notice, will be billed to the Contractor. B. Inspection will be required for, and not necessarily limited to, the following parts of the work. 1. Prior to digging plant pits for trees and shrubs. 2. Prior to final placement of plant materials including Sedge plugs. 3. During backfilling of plant pits with native backfill. 4. Monthly inspections during the maintenance period. 5. Final inspection at the end of the maintenance period. 3.13 MAINTENANCE AND PLANT ESTABLISHMENT A. The one year maintenance period will begin after the "Date of Acceptance of Installation" for 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. B. Temporary fencing shall remain until after the first year maintenance period is complete or as directed by the Engineer. SECTION 800 - LANDSCAPING-14 0 0 C. The Contractor shall maintain all planted areas on a continuous basis as they are completed during the progress of the work and during the maintenance period, and shall continue to maintain them until final acceptance in accordance with the following. Watering or intense hand watering shall include measures to insure seed germination and vigorous plant growth. Areas without irrigation systems shall be watered using existing quick- couplers. Weed, fertilize, mow, 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. Keep project neat and attractive throughout the maintenance period. 2. Apply herbicides for weed control and/or fungicides for fungal control, as needed or directed by City, per Section 2.06 and in accordance with manufacturer's instructions and applicable laws and regulations. Remedy damage resulting from the use of herbicides. Weeds shall be removed on a regular basis, as necessary, before they set seed and/or before they reach approximately 12 inches in height. For species already known to occur on site, weed removal shall be as specified in Section 2.06. If additional weed species are encountered during the maintenance period, the Engineer will recommend appropriate weed abatement materials and application. 3. Exterminate pests, rodents, and insects as required and in accordance with applicable laws and regulations. Remedy damage from use of insecticides. Local wildlife such as rabbits, pocket gophers and ground squirrels may be expected to browse on the plantings. If the Engineer determines that the plantings are being jeopardized by wildlife, the Engineer will direct the consultant to implement corrective measures such as organic, nontoxic deterrents and fencing/plant cages. 4. Plants shall be watered to sufficiently saturate root zone without rotting trees, shrubs, and ground cover. The following management scheme is anticipated. Irrigate soil to full field capacity to the desired depth (18 -24 inches during plant establishment). Allow soil to dry down to approximately 50 -60 percent of field capacity (in the top 8 -12 inches during plant establishment) before the next irrigation cycle. Wetting of the full root zone and drying the soil between irrigation events is essential to the maintenance of the plants and promotion of a deep root zone that will support vegetation in the years after establishment. A soil probe or shovel shall be used to examine soil moisture and rooting depth directly. Repair or replace any damaged item caused by vehicles, vandals, bicycles, or foot traffic during the maintenance period. SECTION 800 - LANDSCAPING-15 6. Hand Watering Plugs: Every day for the first three weeks. After three (3) weeks hand water plugs every other day and after four (4) weeks hand water plugs every 2 days or per the Engineer's direction. 7. Areas of significant erosion shall be repaired and re- seeded in the first fall season after damage. Areas shall be re- seeded if coverage is less that 25 percent in any area of 25 square feet. Survival of container plants within the first growing season should be 80 percent. Plants shall be replaced if survivorship falls below 80 percent during the first season. Replacements will be planted as previously specified and maintained during the growing season with hand — irrigation, as necessary. As areas develop, it is very difficult to implement direct counts of all the container plants. Replacement planting during the first season shall only be specified if the visual estimate indicates substantial mortality over 40 percent. Thereafter the City shall assume responsibility for compliance with the performance standards. 8. Any damaged or dead plant material shall be replaced with like and kind on a bi- monthly basis throughout the maintenance period. D. Maintenance period shall be extended if plant material is not in a healthy growing condition. When all maintenance work has been completed to the satisfaction of Engineer, the Engineer will issue the Contractor a written notice of completion of maintenance. 1. The Carex pansa Plantings shall be mowed to a height of 3" every 4 weeks until the plant is established 2. Fertilize Area VI A, Carex pansa Plantings and VII with a fertilizer composition of (16 -6 -8) every 4 week at a rate of 5 pounds per 1000 square feet END OF SECTION SECTION 800 - LANDSCAPING-16 0 0 SUPPLEMENTARY SPECIAL PROVISIONS SECTION 900 - IRRIGATION PART 1 - GENERAL 1.01 SUMMARY A. It is the intent of the specifications and drawings that the finished system is complete in every respect and shall be ready for operation satisfactory to the City. B. The work shall include all materials, labor, services, transportation, and equipment necessary to perform the work as indicated on the drawings, in these specifications, and as necessary to complete the contract. C. Related Sections. 1. Section 100: Site Clearing 2. Section 800: Landscaping D. The 1997 edition of the Standard Specifications for Public Works Construction, including supplements to date, are referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the, standard specifications unless otherwise determined by the Engineer. Irrigation installation and materials shall conform to City Specifications. 1.02 CONSTRUCTION DRAWINGS A. Due to the scale of the drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. B. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. When an item is shown on the plans but not shown on the specifications or vice versa, it shall be deemed to be as shown on both. The Engineer shall have final authority for clarification. C. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer as soon as detected. In the event this notification is not performed, the Contractor shall assume full responsibility for any revision necessary. SECTION 900 - HWGATION -1 0 0 1.03 QUALITY ASSURANCE A. Provide at least one English speaking person, with sufficient landscape and irrigation experience, who shall be present at all times during execution of all phases of work and who shall be thoroughly familiar with the type of materials being installed and the manufacturer's recommended methods of installation and who shall direct all work performed under this section. B. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturer of articles used in this contract furnishes directions covering points not shown in the drawings and specifications. C. All local, municipal, and state laws, rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. All materials supplied for this project shall be new and free from any defects. All defective materials shall be replaced immediately at no additional cost to Owner. E. The Contractor shall secure the required licenses and permits including payments of charges and fees, give required notices to public authorities, verify permits secured or arrangements made by others affecting the work of this section. 1.04 SUBMITTALS A. Materials List: 1. After award of contract and before any irrigation system materials are delivered to the job site, submit to the Engineer a complete list of all irrigation systems, materials, or processes proposed to be furnished and installed as part of this contract. 2. Show manufacturer's name and catalog number for each item, furnish six sets of complete catalog cuts and technical data, furnish the manufacturer's recommendations as to the method of installation. 3. No substitutions will be allowed without prior written acceptance by the Engineer. Any requests for substitutions must be made within 30 days after award of contract. 4. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. Substitutions: SECTION 900 - IRRIGATION -2 0 0 If the Contractor wishes to substitute any equipment or materials for equipment or materials listed on the irrigation drawings and specifications, he may do so by providing the following information to the Engineer for approval. 1. Provide a written statement indicating the reason for making the substitution. 2. Provide catalog cut sheets, technical data, and performance information for each substitute item. 3. Provide in writing the difference in installed price if the item is accepted. 1.05 EXISTING CONDITIONS A. The Contractor shall verify and be familiar with the locations, size and detail of points of connection provided as the source of water and electrical supply, connection to the irrigation system. B. Irrigation design is based on the available static water pressure shown on the drawings. Contractor shall verify static water on the project prior to the start of construction. Should a discrepancy exist, notify the Engineer authorized representative prior to beginning construction. C. Prior to cutting into the soil, the Contractor shall locate all cables, conduits, and other utilities as are commonly encountered underground and he shall take proper precautions not to damage or disturb such improvements. If a conflict exists between the such obstacles and the proposed work, the Contractor shall promptly notify the Engineer who will arrange for relocations. The Contractor will proceed in the same manner if a rock layer or any other such conditions are encountered. D. The Contractor shall protect all existing utilities and features to remain on and adjacent to the project site during construction. Contractor shall repair, at his own cost, all damage resulting from his operations or negligence. E. The Contractor shall coordinate with the City for installation of required sleeving as shown on the plans. F. Do not install irrigation as shown on the drawings when it is obvious in the field that obstructions, grade differences or differences in site dimensions exist that might not have been forseen and considered in the engineering. The City should be notified (in writing) of such obstructions and differences. In the event that the notification is not given, the Contractor assumes full responsibility for all necessary changes. G. Irrigation system is based on the minimum operating pressure and maximum flow demand shown on plans. The Contractor shall verify water pressure at point of connection prior to start of irrigation installation. Notify City if water pressure shown on plans and actual site reading differ. In the event pressure differences are not reported in writing, Contractor assumes full responsibility for all necessary changes. H. Field adjustments may be required to provide optimum operating efficiency. Contractor shall be responsible for adjusting system for optimum performance. SECTION 900 - IRRIGATION -3 0 0 1.06 INSPECTIONS A. All lines shall not be covered over until accepted by the Engineer. The Contractor shall be solely responsible for notifying the, Engineer, a minimum of 48 hours in advance, where and when the work is ready for testing. Should any work be covered without testing or acceptance, it shall be, if so ordered, uncovered at the Contractor's expense. B. Inspections will be required for the following at a minimum: 1. System layout 2. Pressure test irrigation main line (3 hours at 125 psi) 3. Coverage test of irrigation system 4. Final inspection prior to start of maintenance period 5. Final acceptance C. Site observations and testing will not commence without the record drawings as prepared by the Contractor. Record drawings shall be complete and up to date for each site visit. D. Work that fails testing and is not accepted will be re- tested. Hourly rates and expenses of the Engineer for re- inspection or re- testing will be paid by the Contractor at no additional expense to City. 1.07 STORAGE AND HANDLING A. Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installation work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to the acceptance of the Engineer and at no additional cost to the City. B. Exercise care in handling, loading, unloading, and storing plastic pipe and fittings under cover until ready to install. Transport plastic pipe only on a vehicle with a bed long enough to allow the pipe to lay flat to avoid undue bending and concentrated external load. 1.08 Cleanup and Disposal A. The Contractor shall recycleldispose of waste, trash, and debris in accordance with applicable laws and ordinances and as directed by the Engineer. Bury no such waste material and debris on the site. Burning of trash and debris will not be permitted. The Contractor shall remove and dispose of rubbish and debris generated by his work and workmen at frequent intervals minimum daily or when ordered to do so by the Engineer. B. At the time of completion the entire site will be cleared of tools, equipment, rubbish and debris which shall be disposed of off -site in a legal disposal area. 1.09 Turnover Items A. Drawings of Record: 1. Record accurately on one set of contract drawings all changes in the work constituting departures from the original contract drawings. 2. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the City. Prior to final inspection of work, submit record drawings to the Engineer. 3. Dimensions from/to permanent points of reference such as buildings, sidewalks, curbs, etc. shall be shown. Data on record drawings shall be recorded on a day to day basis as the project is being installed. All lettering on drawings shall be minimum 1/8 inch in size. 4. Show locations and depths of the following items: a. Point of connection (including water P.O.C., master control valves, quick couplers, etc.) b. Routing of sprinkler pressure lines (dimensions shown at a maximum of 100 feet along routing) c. Isolation valves d. Automatic remote control valves e. Quick coupling valves f Routing of control wires g. Irrigation controllers h. Related equipment (as may be directed) i. Quick Link equipment S. Maintain record drawings on site at all times. Upon completion of work, transfer all as -built information and dimensions to City's original mylar set. B. Controller Charts: 1. Record drawings as "Drawings of Record" must be approved by the Engineer before charts are prepared. 2. Provide two "updated" controller charts for the controller that controls the new irrigation for Area III, VI A (Carex pansa Plantings) and VII. The chart shall show the area covered by the particular controller and the irrigation zone of each remote control valve and or Quick -Link equipment. SECTION 900 - IRRICATION -5 j, • 3. The chart is to be a reduced copy of the actual "Drawings of Record ". In the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a readable size. 4. When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being minimum 20 mils in thickness. C. Operation and Maintenance Manuals: 1. Two individually bound copies of operation and maintenance manuals shall be delivered to the Engineer authorized representative at least 10 calendar days prior to final inspection. The manuals shall describe the material installed and the proper operation of the system. 2. Each complete, bound manual shall include the following information: a. Index sheet stating Contractor's address and telephone number, duration of guarantee period, list of equipment including names and addresses of local manufacturer representatives. b. Operating and maintenance instructions for all equipment. C. Spare parts list and related manufacturer information for all equipment. d. Irrigation schedules. D. Equipment: Supply as a part of this contract the following items: a. Two (2) wrenches for disassembly and adjustment of each type of sprinkler head used in the irrigation system. b. Two (2) 30 -inch sprinkler keys for manual operation of control valves. c. Two (2) keys for each automatic controller. d. One (1) valve box cover key or wrench. e. Four (4) extra sprinkler heads of each size and type. E. Turn over drawings, charts, manuals and extra equipment to the Engineer at time of final walk - through inspection as part of final pre - maintenance acceptance. 1.10 COMPLETION A. At the time of the pre- maintenance period inspection, the Engineer, and governing agencies will inspect the work, and if not accepted, will prepare a list of items to be completed by the Contractor. At the time of the post - maintenance period or final inspection the work will be re- inspected and final acceptance will be in writing by the Engineer. SECTION 900 - IRRIGATION -6 0 0 B. The City Engineer shall have final authority on all portions of the work. C. After the system has been completed, the Contractor shall instruct City's authorized representative in the operation and maintenance of the irrigation system and shall furnish a complete set of operating and maintenance instructions. D. The Contractor without any additional expense to the City shall repair any settling of trenches, which may occur during the one -year period following acceptance, to the City's satisfaction. Repairs shall include the complete restoration of all damage to planting, paving or other improvements of any kind as a result of the work. 1.11 Guarantee A. The entire sprinkler system, including all work done under this contract, shall be unconditionally guaranteed against all defects and fault of material and workmanship, including settling of backfilled areas below grade, for a period of one (1) year following the filing of the Notice of Completion. B. Should any problem with the irrigation system be discovered within the guarantee period, the Contractor at no additional expense to City shall correct it within ten (10) calendar days of receipt of written notice from City. When the nature of the repairs as determined by the City constitute an emergency (i.e. broken pressure line) the City may proceed to make repairs at the Contractor's expense. Any and all damages to existing improvement resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the City by the Contractor, at his complete expense with no additional cost to the City. C. Guarantee shall be submitted on Contractors own letterhead as follows: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the sprinkler irrigation system we have famished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse, or neglect excepted. We agree to repair or replace any defective material during the period of one year from date of filing of the Notice of Completion and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within 10 calendar days following written notification by the City. In the event of our failure to make such repairs or replacements within the time specified after receipt of written notice from City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT NAME: PROJECT LOCATION: CONTRACTOR NAME: ADDRESS: SECTION 900 - IRRIGATION -7 9 TELEPHONE: SIGNED: DATE: PART 2 - MATERIALS 2.01 Summary Use only new materials of the manufacturer, size and type shown on the drawings and specifications. Materials or equipment installed or furnished that do not meet City standards will be rejected and shall be removed from the site at no expense to the City. 2.02 Pipe A. Pressure supply lines 2 1/2 inches in diameter and greater downstream of backflow prevention unit shall be Class 315 solvent weld PVC. Piping shall conform to ASTM D2241. B. Pressure supply lines 2 inches in diameter and smaller downstream of the backflow prevention unit shall be Schedule 40 solvent weld PVC conforming to ASTM D1785. C. Non - pressure lines 3/4 inch in diameter and larger downstream of the remote control valve shall be Schedule 40 solvent weld PVC conforming to ASTM D1785. 2.03 Plastic Pipe and Fittings A. Pipe shall be marked continuously with manufacturer's name, nominal pipe size, schedule or class, PVC type and grade, National Sanitation Foundation approval, Commercial Standards designation, and date of extrusion. B. All plastic pipe shall be extruded of an improved PVC virgin pipe compound in accordance with ASTM D2241 or ASTM D1785. C. All solvent weld PVC fittings shall be standard weight Schedule 40 and shall be injection molded of an improved virgin PVC fitting compound. Slip PVC fittings shall be the "deep socket" bracketed type. Threaded plastic fittings shall be injection molded. All tees and ells shall be side gated. All fittings shall conform to ASTM D2466. D. All threaded nipples shall be standard weight Schedule 80 with molded threads and shall conform to ASTM D 1785. E. All solvent cementing of plastic pipe and fittings shall be a two -step process, using primer and solvent cement applied per the manufacturer's recommendations. Cement shall be of a fluid consistency, not gel -like or ropy. Solvent cementing shall be in conformance with ASTM D2564 and ASTM D2855. SECTION 900 - IRRIGATION -8 � S• F. When connection is plastic to metal, female adapters shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be non -lead base Teflon paste, tape, or equal. 2.04 Backflow Prevention Units A. The blackflow prevention unit shall be a reduced pressure type vacuum breaker of the size, manufacturer and model number as indicated on the drawings. B. Install a new stainless steel backflow prevention enclosure. The backflow enclosure shall be green in color and of the manufacturer, size, and type indicated on the drawings. 2.05 Valves A. Ball Valves 1. Ball valves shall be of the manufacturer, size, and type indicated on the drawings. 2. Ball valves shall be constructed of a bronze body, ball and stem, full port with a malleable iron hand lever. Ball valves shall have threaded connections. 3. All ball valves shall have a minimum working pressure of not less than 150 psi and shall conform to AWWA standards. B. Quick Coupler Valves: 1. Quick coupler valves shall be of the manufacturer, size, and type indicated on the drawings. 2. Quick coupler valves shall be brass with a wall thickness guaranteed to withstand normal working pressure of 150 PSI without leakage. Valves shall have 1" female threads opening at base, with two -piece body. Valves to be operated only with a coupler key designed for that purpose. Coupler key is inserted into valve and a positive, watertight connection shall be made between the coupler key and valve. C. Automatic Remote Control Valves and Master Control Valve. 1. Automatic remote control valves and master control valve shall be of the manufacturer, size, and type indicated on the drawings. 2. Automatic remote control valves shall be electrically operated, spring loaded, self cleaning, puckless diaphram activated normally closed type valve. Master valve working with flow sensor shall be normally open. 3. Valve solenoid shall be corrosion -proof and constructed of stainless steel molded in epoxy to form one integral unit, and shall be 24 volt A.C. D. Flow Meter: Flow meter shall be as shown on the Plans and conform to manufacturing specifications. 2.06 Valve Boxes SECTION 900 - HWGATION -9 A. Valve boxes shall be fabricated from a durable, weather - resistant plastic material resistant to sunlight and chemical action of soils. B. The valve box cover shall be green in color and secured with a hidden latch mechanism or bolts. C. The cover and box shall be capable of sustaining a load of 1,500 pounds. D. Valve box extensions shall be by the same manufacturer as the valve box. E. Automatic control valve boxes shall be 14 "x19 "x12" rectangular size. Valve box covers shall be marked "RCV" with the valve identification number "heat branded" onto the cover in 2 inch high letters / numbers. F. Gate and quick coupler valve boxes shall be 14" x 19" size. Valve box covers shall be marked with either "GV" or "QCV" "heat branded" onto the cover in 2 inch high letters. Upgrade quick coupler value boxes in lawn areas to sustain loads of 1500lbs. 2.08 Electrical A. All electrical equipment shall be NEMA Type 3, waterproofed for exterior installations. B. All electrical work shall conform to local codes and ordinances. C. Flow sensor(Bermad) cable shall be 14 gauge. Install 5 control wires from controllers to flow sensors. 2.09 Low Voltage Control Wiring A. Remote control wire shall be direct - burial AWG -UF type, size as indicated on the drawings, and in no case smaller than 14 gauge. B. Connections shall be Spears DS400 Drisplice connectors. C. Ground wires shall be white in color. Control wires shall be red (where two or more controllers are used, the control wires shall be a different color for each controller. These colors shall be noted on the "Record Drawings" plans located on controller door). 2.10 Irrigation Heads A. Irrigation heads shall be of the manufacturer, size, type, with radius of throw, operating pressure, and discharge rate indicated on the drawings. B. Irrigation heads shall be used as indicated on the drawings. PART 3 - EXECUTION 3.01 Site Conditions A. Inspections: SECTION 900 - HMGATION -10 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 2. Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations. B. Discrepancies: 1. In the event of discrepancy, immediately notify the Engineer. 2. Do not proceed with installation in areas of discrepancy until all discrepancies have been resolved. C. Grades: 1. Before starting work, carefully check all grades to determine that work may safely proceed, keeping within the specified material depths with respect to finish grade. 2. The Engineer shall accept final grades before work on this section will be allowed to begin. D. Field Measurements: 1. Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. Contractor shall coordinate the installation of all irrigation materials with all other work. 2. All scaled dimensions are approximate. The Contractor shall check and verify all size dimensions prior to proceeding with work under this section. 3. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities, which are caused by his operations or neglect. E. Diagrammatic Intent: 1. The drawings are essentially diagrammatic. The size and location of equipment and fixtures are drawn to scale where possible. Provide offsets in piping and changes in equipment locations as necessary to conform with structures and to avoid obstructions or conflicts with other work at no additional expense to Owner. F. Layout: 1. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads, valves, backflow preventer, and automatic controller. 2. Layout irrigation system and make minor adjustments required due to differences between site and drawings. Where piping is shown on drawings under paved areas, but running parallel and adjacent to planted areas, install the piping in the planted areas. SECTION 400 - IRRIGATION -11 FA 0 9 G. Water Supply: 1. Connections to, or the installation of, the water supply shall be at the locations shown on the drawings. Minor changes caused by actual site conditions shall be made at no additional expense to the City. H. Electrical Service: 1. Connections to the electrical supply shall be at the locations shown on the drawings. Minor changes caused by actual site conditions shall be made at no additional expense to City. 2. Contractor shall connect existing 120V electrical service as necessary to the irrigation controllers.. 3.02 Trenching A. Excavations shall be straight with vertical sides, even grade, and support pipe continuously on bottom of trench. Trenching excavation shall follow layout indicated on drawings to the depths below finished grade and as noted. Where lines occur under paved area, these dimensions shall be considered below subgrade. B. Provide minimum cover of 18 inches on pressure supply lines. C. Provide minimum cover of 18 inches for control wires. D. Provide minimum cover of 12 inches for non - pressure lines. E. Pipes installed in a common trench shall have a 6 -inch minimum space between pipes. 3.03 Backfilling A. Backfill material on all lines shall be the same as adjacent soil free of debris, litter, and rocks over 1/2 inch in diameter. B. Backfill shall be tamped in 4 -inch layers under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Backfill materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to 80% relative compaction and shall conform to adjacent grades. C. Jetting or flooding in lieu of tamping is not allowed. D. Under no circumstances shall truck wheels be used to compact backfill. E. Provide sand backfill a minimum of 6 inches over and under all piping under paved areas. 3.04 Piping A. Piping under existing pavement may be installed by jacking, boring, or hydraulic driving. No hydraulic driving is permitted under asphalt pavement. SECTION 900 - IRRIGATION -12 • • B. Cutting or breaking of existing pavement is not permitted. C. Carefully inspect all pipe and fittings before installation, removing dirt, scale, burrs, and reaming. Install pipe with all markings up for visual inspection and verification. D. Remove all dented and damaged pipe sections. E. All lines shall have a minimum clearance of 6 inches from each other and 12 inches from lines of other trades. F. Parallel lines shall not be installed directly over each other. G. Insolvent welding, use only the specified primer and solvent cement and make all joints in strict accordance with the manufacturer's recommended methods including wiping all excess solvent from each weld. Allow solvent welds at least 15 minutes setup time before moving or handling and 24 hours curing time before filling. H. PVC pipe shall be installed in a manner, which will provide for expansion and contraction as recommended by the pipe manufacturer. I. Centerload all plastic pipe prior to pressure testing. J. All threaded plastic -to- plastic connections shall be assembled using Teflon tape or Teflon paste. K. For plastic -to -metal connections, work the metal connections first. Use a non - hardening pipe dope an all threaded plastic -to -metal connections, except where noted otherwise. All plastic -to- metal connections shall be made with plastic female adapters. 3.05 Existing Controller A. Existing Controllers and wiring to be protected. B. The Irrigation Contractor shall be responsible for necessary wiring within the existing controller to accommodate the Quick -Link equipment. C. The irrigation system shall be programmed to operate during the periods of minimal use of the designiplanting area 3.06 Control Wiring A. Low voltage control wiring shall occupy the same trench and shall be installed along the same route as the pressure supply lines whenever possible. B. Where more than one wire is placed in a trench, the wiring shall be taped together in a bundle at intervals of 10 feet. Bundle shall be secured to the mainline with tape at intervals of 20 feet. C. All connections shall be of an approved type and shall occur in a valve box. Provide a 36" inch service loop at each connection. SECTION 900 - IRRIGATION -13 D. An expansion loop of 36" inches shall be provided at each wire connection and/or directional change, and one of 36 inches shall be provided at each remote control valve. E. A continuous run of wire shall be used between a controller and each remote control valve. Under no circumstances shall splices be used without prior approval. 3.07 Valves A. Automatic control valves, quick coupler, and ball valves are to be installed in the approximate locations indicated on the drawings. B. Valves shall be installed in shrub areas whenever possible. C. Install all valves as indicated in the detail drawings. D. Valves to be installed in valve boxes; shall be installed one valve per box. 3.08 Valve Boxes A. Valve boxes shall be installed in shrub areas whenever possible. B. Each valve box shall be installed on a foundation of 3/4 inch gravel backfill, 3 cubic feet minimum. Valve boxes shall be installed with their tops 112 inch above the surface of surrounding finish grade in lawn areas and 1 inch above finish grade in ground cover areas. 3.09 Irrigation Heads A. Irrigation heads shall be installed as indicated on the drawings. B. Spacing of heads shall not exceed maximum indicated on the drawings. C. Riser nipples shall be of the same size as the riser opening in the sprinkler body. 3.10 Miscellaneous Equipment A. Install all assemblies specified herein according to the respective detail drawings or specifications, using best standard practices. B. Quick coupler valves shall be set approximately 12 inches from walks, curbs, header boards, or paved areas where applicable. 3.11 Flushing the System A. Prior to installation of irrigation heads, the valves shall be opened and a full head of water used to flush out the lines and risers. B. Irrigation heads shall be installed after flushing the system has been completed. SECTION 900 - IRRIGATION -14 3.12 Adjusting the System A. Contractor shall adjust valves, align heads, and check the coverage of each system prior to coverage test. B. If it is determined by the Engineer that additional adjustments or nozzle changes will be required to provide proper coverage, all necessary changes or adjustments shall be made prior to any planting. C. The entire system shall be operating properly before any planting operations commence. D. Automatic control valves are to be adjusted so that the irrigation heads and drip tubing operate at the pressure recommended by the manufacturer. 3.13 Testing and Observation A. Do not allow or cause any of the work of this section to be covered up or enclosed until it has been observed, tested and accepted by the Engineer. B. The Contractor shall be solely responsible for notifying the Engineer, a minimum of 48 hours in advance, where and when the work is ready for testing. C. When the sprinkler system is completed, the Contractor shall perform a coverage test of each system in its entirety to determine if the water coverage for the planted areas is complete and adequate in the presence of the Engineer. D. The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate, without bringing this to the attention of the Engineer. This test shall be accepted by the Engineer and accomplished before starting any planting. E. Final inspection will not commence without record drawings as prepared by the Contractor. 3.14 Maintenance During the maintenance periods the Contractor shall adjust and maintain the irrigation system in a fully operational condition providing complete irrigation coverage to all intended plantings. The contractor will prune plants if determined necessary by the Engineer to provide 100 % coverage. 3.15 Completion Cleaning Clean -up shall be made as each portion of the work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed, and any damage sustained on the work of others shall be repaired to original conditions. 3.16 Irrigation System Design and Water Supply: SECTION 900 - HMGATION -15 The irrigation system designed is based upon a minimum available static water pressure of 75 p.s.i at a flow rate 38 g.p.m. Individual stations are designed to this minimum p.s.i. The system is also designed to withstand a maximum pressure of 120 p.s.i. Contractor shall verify the existing working water pressure at the water supply location shown on the drawings prior to starting construction. The Contractor shall notify the City in writing of any discrepancies noted. Failure to provide such written notification shall result in the Contractor being required to provide modifications to the irrigation system as necessary to achieve a fully operational system providing 100% coverage, at no additional charge to the City. END OF SECTION SECTION 900 - EUUGATION -16 • APPENDIX A • AREA 1 (1.8 Acres) "DOVER DRIVE" PLANT LEGEND CONTAINER PLANTS BOTANICAL NAME COMMON NAME SIZE QTY. Salix lasiole is Arroyo Willow 5 gal. 10 Sal& ooddin ii Black Willow 5 gal. 10 Salix exi ua Sandbar Willow 5 gal. 10 Salix laevi ata Red Willow 5 gal. 10 Platanus racemosa Western Sycamore 5 gal. 10 Quercus a rifolia Coast Live Oak 5 gal. 10 Sambucus mexicana Mexican Elderberry 5 gal. 10 Baccharis salicifolia Mulefat 1 gal. 10 Rhus inte rifolia Lernonadeberry 1 gal. 10 Heteromeles arbutifolia To on 1 gal. 10 Erio ovum fasciculatum California Buckwheat 1 gal. 10 Artemisia Californica Coastal Sagebrush 1 gal. 10 Quercus dumosa Nuttal's Scrub Oak 5 gal. 10 Lonicera subs icata Chaparral Honeysuckle 1 gal. 10 Cneoridium dumosum Bushrue 1 gal. 10 Baccharis pilularis consanguit Coyote Bush 1 gal. 10 O untia littoris Prickley Pear Cactus 1 gal. 10 O untia prolifica Prickley Pear Cactus 1 gal. 10 Encelia Californica Coast sunflower 1 gal. 9 Mimulus puniceus Red Monkeyflower 1 gal. 9 Isomeris arborea Bladder pod 1 gal. 9 Salvia mellifera Black Sae 1 gal. 9 Zauschneria californica California Fuchsia 1 gal. 9 Dendromencon ri ida Bush Poppy 1 gal. 9 Malacothamnus fasciculatus Chaparral Mallow 1 gal. 9 Solida o occidentalis Goldenrod 1 gal. 9 Dudle a spp. Dudle a 1 gal. 9 Isocoma menziesii Coast Goldenbush 1 gal. 9 Mirabilis californica Wishbone Bush 1 gal. 9 Solanum xantii Purple Nightshade 1 gal. 9 Oenothera cheiranthifolia Beach Evening Primrose 1 gal. 9 Sti a pulchra Purple Needle grass 1 gal. 9 Sti a le ida Foothill Needle grass 1 gal. 9 Erio h llum confertiflorum Golden Yarrow 1 gal. 9 Sis rinchium bellum Blue-eyed Grass 1 gal. 9 Eschscholzia maritima California Dune Poppy 1 gal. 9 Lasthenia chrysotoma Coast Goldfields 1 a l. 9 Lu inus bicolor Blue & White Lu ine 1 al. 9 Total Number of Plants Plants per Acre 360 200 Appendix A Area I Dover Drive • APPENDIX B AREA II (1.3 Acres) "COASTAL BLUFF" CONTAINER PLANTS U BOTANICAL NAME COMMON NAME SIZE QTY. SPACING WITHIN GROUPS Artemisia californica Coastal Sagebrush 1 gal. 101 5 -6' Croton californica Coastal Croton 1 gal, 33 3 -4' Datura wri htii Jimsonweed 1 gal. 46 3' Dudle a lanceolata Lance Leaf Dudle a 1 gal. 65 0.5 -1' Dudle a pulverulenta Chalk Live Forever 1 gal, 65 0.5 -1 Ecelia californica California Encelia 1 gal. 78 3 -5' Eno ontum parvitbliurn Sea Cliff Buckwheat 1 gal. 78 5 -6' Isomers arborea Bladder pod 1 gal. 39 6 -8' L cium californica Box Thorn 1 gal. 33 5 -6' Melica im erfecta Melic Grass 1 gal. 91 2' Mimulus aurantiacus Bush Monkey-Flower 1 al. 59 3 -5' Mirabilis califomica Wishbone Bush 1 al. 33 3-4' O untia littoralis Coastal Prickly Pear 1 al. 65 1 3 -4' O untia rolifera Cholla 1 al. 65 3-4' t oral tvumoer or mants Plants per Acre SEED MIX 656 5 BOTANICAL NAME COMMON NAME Minimum Purity /Ger mination Pounds er acre Eschscholzia maritima California Dune Poppy TBD 1.0 Hemizonia fasculata Tarweed 10.125 3.0 Lotus sco anus Deerweed 90160 6.0 Malice im erfecta Melic Grass 90/60 3.0 Planta o avata Wool Plantain 98/75 20.0 Vul a microstach s Small Fescue 70170 4.0 Total Pounds of Seeds per Acre Total Pounds 37 48.1 Appendix B Area II Coastal Bluff ` • APPENDIX C AREA IV (2.8 Acres) "COASTAL SAGE" PLANT LEGEND CONTAINER PLANTS u BOTANICAL NAME COMMON NAME SIZE QTY. SPACING WITHIN GROUPS Artemisia cal /fornica Coastal Sagebrush 1 gal. 224 5 -6' Baccharis pflularis Coyote Bush 1 gal. 56 4 -6' Dudle a lancelata Lance Leaf Dudle a 1 gal. 70 0.5 -1' Dudle a pulveruienta Chalk Live Forever 1 gal. 70 0.5 -1' Encelia californica California Encelia 1 gal. 140 3 -5' Eno onum fasciculatum California Buckwheat 1 gal. 126 5 -6' Erio h llum confertiflorum Golden Yarrow 1 gal. 56 3 -4' Gna halium bicolor Bicolor Everlasting 1 gal. 70 0.5 -1' Gna halium californica California Everlasting 1 gal. 70 1 -2' Isocoma menziesii Coast Goldenbush 84 3 -5' Le mus condensatus Gian Wild Rye 70 3 -5' Lotus sco anus Deerweed 84 3 -5' Mimulus aurantiacus Bush Monkey-Flower 11a 56 3 -5' Mimulus uniceus Red Ronke - Flower 50 3 -5' Mirabilis califomica Wishbone Bush 42 3 -4' Nassella le ida Foothill Needle grass 84 2' Nassella pulchra Purple Needle grass 1 gal. 84 2' Oenothera cheiranthifolia Beach Eveninq Primrose 1 gal. 42 3 -4' O untia littoralis Coastal Prickly Pear 1 gal. 112 34 Rhus inte rifolia Lemonadeberry 1 gal. 14 10 -15' Salvia mellifera Black Sae 1 gal. 98 4 -6' Sis rinchium bellum Blue-Eyed Grass 1 gal. 84 0.5 -1' Solanum xantii Purple Nightshade 1 gal. 42 2 -3' r urar rvumoer or Pianrs Plants per Acre SEED MIX 1,828 653 BOTANICAL NAME COMMON NAME Minimum Purity /Ger mination Pounds per acre Eschscholzia maritime California dune poppy TBD 1.0 Lasthenia chrysotoma coast qoldfields TBD 2.0 Lu inus bicolor blue and white lupine 98/80 4.0 Nassella le ida foothill needle grass 60/60 2.0 Nassella ulchra u le needle grass 60/60 2.0 Phaceiia com anularia desert bluebells TBD 0.5 Plante o avata wooly plantain 98/75 20.0 Total Pounds of Seeds per Acre Total Pounds of Seeds 31.5 gg,2 Appendix C Area IV Coastal Sage • APPENDIX D AREA V (1.5 Acres) "CANYON" PLANT LEGEND CONTAINER PLANTS 1* BOTANICAL NAME COMMON NAME SIZE QTY. SPACING WITHIN GROUPS Baccharis pilularis Coyote Bush 1 gal. 40 4 -6' Galvezia s eciosa Island Snapdragon 1 gal. 40 5 -6' Heteromeles arbutifolia To on 5 gal. 30 10 -15' Lonicera subs icata Chapparral Honeysuckle 1 gal. 40 5 -6' Malosma laurina Laurel Sumac 5 gal. 30 10 -15' Mimulus aurantiscus Bush Monkey-Flower 1 gal. 60 3 -5' Quercus a rifolia Coast Live Oak 5 gal. 45 15 -20' Quercus dumosa Nattal's Scrub Oak 5 gal. 50 5 -6' Plantnus racemosa Western S camore 5 gal. 30 15 -20' Po ulus fremontii Fremont Cottonwood 5 al. 25 15 -20' Rhus inte rifolia Lemonadeber 5 al. 30 10 -15' Zauschneria californica California Fuchsia 1 al. 50 3 -5' i utdi rvumber or reams Plants per Acre 313 Appendix D Area V Canyon + 1 • APPENDIX E • AREA VI -B "MESA GRASSLAND SPRING MEADOW" (Excluding California Meadow Sedge Area) CONTAINER PLANTS (1.5 Acres) BOTANICAL NAME COMMON NAME SIZE CITY. SPACING WITHIN GROUPS Artemisia califomia Costal Sagebrush 1 gal. 38 5 -6' Baccharis pilularis Coyote Bush 1 gal. 23 4 -6' Dudle a lanceolata Lance Leaf Dudle a 1 gal. 38 0.5 -1' Dudle a pulverulenta Chalk Live Forever 1 gal. 38 0.5 -1' Encelia californica California Encelia 1 gal. 30 3 -5" Eri onum fasciculatum California Buckwheat 1 gal. 23 5 -6' Edo h Ilium conferitlorum Golden Yarrow 1 gal. 38 34' Gna halium bicolor Bicolor Everlasting 1 gal. 38 0.5 -1' Gna halium californica California Everlasting 1 gal. 38 1 -2' Isocoma menziesii Coast Goldenbush 1 gal. 30 3 -5' Lotus sco arius Deerweed 1 gal. 30 3 -5' Melica im erfecta Melic grass 1 gal. 113 2' Mimulus puniceus Red Monkey-Flower 1 gal. 30 3 -5' Mirabilis californica Wishbone Bush 1 gal. 30 34' Oenothera cheiranthifolia Beach Evening Primrose 1 gal. 23 34' O untia Littoralis 1 gal. 38 34' Nassella le ida Foothill Needle grass 1 gal. 113 2' Nassella pulchra Purple Needle grass 1 al. 113 2' Rhus inte rifolia Lemonadeber 5 al. 5 10 -15' Salvia mellifera Black Sae 1 al. 30 4 -6' Sis rinchium bellum Blue-Eyed Grass 1 al. 90 0.5 -1' Solanum xantii Purple Nightshade 1 al. 38 2 -3' r orar nrumoer or wants Plants per Acre 658 SEED MIX (For the Mesa Grassland SDrino Meadow Area - 1.5 Acres) BOTANICAL NAME COMMON NAME Minimum Purity /Ger mination Pounds er acre Eschscholzia californica California poppy 95/97 1.0 Eschscholzia maritime California dune poppy TBD 1.0 Lasthenia chrysotoma Coast Goldfields TBD 2.0 Lu inus bicolor Blue and White Lu ine 98/80 2.0 Nassella le ida Foothill Needle rass 60/60 3.0 Nassella ulchra Pur IeNeedle rass 60/60 3.0 Phacelia cam anularia Desert Bluebells TBD 0.5 Total Pounds of Seeds per Acre Total Pounds of Seeds 12.5 18.8 Appendix E Area VI Mesa Grassland Spring Meadow j WILDFLOWER BULBS APPENDIX F AREA VI -C Wildflowers ( 0.4 Acres) 0 BOTANICAL NAME COMMON NAME Spacing Within Group Bulbs per acre Bloomeria crocea Common Goldstar 2' 30 Calochortus s /endens Splendid Mariposa Lily 1 -2' 40 Diehelostemma ca itatum Wild hyacinth 1 -2' 30 Total Pounds of Seeds per Acre Total Pounds of Seeds 100 40 WILDFLOWER SEED PALETTE (0.4 Acres) BOTANICAL NAME COMMON NAME Minimum Purity/Ger mination Pounds er acre Abronia latifolia Yellow Sand Verbena TBD 2.0 Abronia maritima Red Sand Verbena TBD 2.0 Castille'a Exserta Owls Clover 50/60 3.0 Clarkia Bottae Godetia TBD 2.0 Erio h llum Confertiflorum Golden Yarrow 30/60 2.0 Eschscholzia Califronica California Poppy 95175 1.0 Eschscholzia Maritima California Dune Poppy TBD 1.0 Gilia Ca itata Globe Gilia TBD 1.0 Lasthenia Chrysotoma Cost Goldfield TBD 3.0 La is Platyglossa Tidy Tips 80175 1.5 Lu inus Bicolor Blue and White Lupine 98/80 4.0 Lu inus Hirsutissimus Hairy Lupine TBD 2.0 Lu inus Nanus White Baby Lupine TBD 2.0 Nemo hila Menziesii Baby Blue Eyes 98/85 2.0 Oenothera Cheiranthifolia Beach Evening Primrose TBD 2.0 Phacelia Cam anularia Desert Bluebells TBD 1.0 Phacelia Ramosissima Branching Phacelia 95/85 1.0 Sis rinchium Bellum Blue-eyed Grass 95175 2.0 Total Pounds of Seeds per Acre Total Pounds of Seeds 34.5 13.8 Appendix F AREA VI -C E CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT l DEC U 9 2003 Agenda Item No. 18 _ December 9, 2003 BA 01 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 6443311 sluy@cfty.newport-beach.ca.us SUBJECT: CASTAWAYS PARK REVEGETATION - AWARD OF CONTRACT NO. 3546 RECOMMENDATIONS: Approve the plans and specifications. 2. a. Increase revenue estimates in Account No. 250 -4879 by $50,000.00 from the Nature Conservancy Grant. b. Approve a Budget Amendment in the amount of $103,085.00 ($53,085.00 from the Unappropriated General Fund, Account No. 010 -3605 and $50,000.00 from the Nature Conservancy Grant) to the Parks Funds, Castaways Park, Account No. 7251- C5100677. 3. Award Contract No. 3546 to Pacific Restoration Group Inc. for the Total Bid Price of $268,857.00, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $26,000.00 to cover the cost of unforeseen work. DISCUSSION: Beginning in 1999, a revegetation plan was developed by City staff and an Ad Hoc Advisory Committee for restoring Castaways Park was formed. Based on the proposed plan, grant applications were submitted to the California Coastal Conservancy and the Nature Conservancy who, in 2002, awarded the City grants of $99,600.00 and $50,000.00 respectively for the park revegetation project. A letter of confirmation from the Nature Conservancy for the $50,000 grant is forthcoming. In FY 02/03, the City provided Capital Improvement Program funding of $75,000 for the preparation of construction drawing and funding. In December 2002, DVD Landscape Architects was Subject: Castaways Park � tatlon — Award of Contract No. 3546 December 9, 2003 Page: 2 contracted to prepare the drawings and specifications for the Castaways Park Revegetation project. The construction documents were completed in February 2003. During the March 25, 2003 Study Session, Council directed staff to consider additional options to amend the revegetation plan to include irrigated grass areas in the park center to allow for activities such as picnics, sunbathing, or kite flying. At the September 23, 2003 Council Meeting, staff presented seven options for amending the revegetation plan. Council approved Option No. 2 to plant Meadow Sedge and install permanent irrigation in a % -acre area along the eastern boundary of the central meadow. The Council also approved additional funding of $30,400.00 for the amendment features though no funding source was identified at that time. The construction drawings were modified accordingly and submitted for advertisement on November 6, 2003. The project consists of removing non- native grasses and ornamental plant materials, installing permanent irrigation in limited areas, and revegetating the park with native, drought tolerant plant and tree species. Existing native vegetation will be retained and existing walking trails will be improved. A fuel modification zone using native and drought resistant plantings will be created to protect abutting residential properties. The park will be managed by the City of Newport Beach as a natural park. At 11:00 A.M. on November 20, 2003, the City Clerk opened and read the following bids for this project: BIDDER Low Pacific Restoration Group Inc. 2 Nakae and Associates 3 Natures Image Inc. TOTAL BID AMOUNT $268,857.00 $354,198.00 $422,650.81 * Corrected Bid Amount is $422,620.81. The low total bid amount is 17 percent above the Engineer's Estimate of $230,000.00. The low bidder, Pacific Restoration Group Inc., possesses both a General Contractor's "A" license and a Landscape Contractor Classification "C -27" contractor's license, either of which is required by the project specifications. The Contractor was pre - qualified for this project and therefore meets the minimum requirements. Environmental Review: A Negative Declaration for the project was recorded on January 24, 2002. Subject: Castaways Park Re�etation — Award of Contract No. 3546 • December 9, 2003 Page: 3 Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the accounts: Account Description General Fund Contributions: Coastal Conservancy Grant and Nature Conservancy Grant Park Improvements Fund Prepared by: Stephefi Luy Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Account Number Amount 7015- C5100677 $92,885.00 7251- C5100677 $99,972.00 $50,000.00 7015- C3170043 $52,000.00 Total $294,857.00 Submitted by: ]]i8 16 k CASTAWAYS PARK /!�` RT\ a4URCH TE i o l I t� TQ COAST HIGHWAY NEWPORT BAY LOCATION MAP NOT TO SCALE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK REVEGETATION DATE APPROVED C -3546 DRAWING N0. EXHIBIT A U W W O IL W Z U. O rA • U Z W CL w W Y V MJ W IL M S N O Q Lli O Q = W U F O tq O w m Y U Z 0 U _ W U N U ZW Q U00 O J O j m m Z 0 F W W W C a f a U 111 W W W Z V) < �F- wW Z_ C9 O waa Ll m N m N a 7 E Q _O m m m U s m a O O S Sp� S S S N O r O M Sp N p m rOi m M0000)Q O0) A r lr h� N E v m O S S N S m yy p ; S M S N CV r C vOaD .a-NO . ON •00 �yamm_ Z 7 � O V - OON —MN ir M �N N O rN 00 O O 0 O 0 O 0 Op 0 O 0 O 0 O S S O O O 0 O 0 O m m 0-. 0 0 0 S S O �. S 0 0 S W O S 6 ai rooMO�n v N O) O NN".i .w in�Omcyo aD NN m� 020 ��N r M .-N N QOM MV Q M R% m 0000 O O O O S 000 O O O Sp OOOOO O O O O O 00 Op M E N m o S S =WOO mZ Z 0 r 00 O CG InN ' OZ N N A O S N N N S p 0 OSS 0 O 0 O 0 O 0 O 0 O pp O O O O O O O O O S O O O O p U 0 0 0� S O� S 0 0 SO 0 S CNI N O r O O �tI r Oi In M N M O V N�O�O O W O oo —NM i0 O N 0000000000 000 F-_ O O O t7 G h N 0 00"603r. !e Z O O S O M N - 0 m= 00— N O N O J a W F F. � O N O O O O O O O O O O O O O O O O O O O� O O N O 10 O O 0 QZoc g�0000MS�oo c�'000 ooci °oo��vm 0vro °o °o F" Cl O C Oh O �00 t7 aD NOS WM w — N � � M N V O Q N W w 000080008 N O O i0 O O O O fG r g O 10f1 S S S O o W W z Z W z) O 'V O M O N O O O V J J J J J U J J J W QQ W QQ W M U H Q O D W Y M d= .8 w Q m = y m = m Z 5 a LL Np m m W O a g y 8 W c m m m c p C7 C p p p RL f E m E c m m m o o '2 d UF-F L m ti j �S 3M m FF-W 00 LL0 W � N M V Iq m r Mimi r m N m N a 7 E Q _O m m m U s m a City of Newport Beach BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 018 AMOUNT: $103,085.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Castaways Park Revegetation Project, Contract No. 3546, and to increase revenue estimates for Nature Conservancy Grant. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (360 f) Fund /Division Account 250 4879 EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Nature Conservancy Grant Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $53,085.00 $50,000.00 $53,085.00 $50,000.00 Date Date Date Description Division Number 7015 Parks Account Number C5100677 Castaways Park Plantlinigation Division Number 7251 Contributions Account Number C5100677 Castaways Park Plant/lrrigation Division Number Account Number Division Number A000unt Number Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $53,085.00 $50,000.00 $53,085.00 $50,000.00 Date Date Date City of Newport Beach• NO. BA 018 BUDGET AMENDMENT 2003 -04 AMOUNT: S1o3,oss.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Pq Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Castaways Park Revegetation Project, Contract No. 3546, and to increase revenue estimates for Nature Conservancy Grant. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account 250 4879 EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Nature Conservancy Grant r Signed: financial Approval: _ Adm,)iinistra{ttiiv� Signed: (��✓ / _ f Administrative Approval: City Me Signed: >J( d Director Amount Debit Credit $53,085.00 $50,000.00 Automatic $53,085.00 $50,000.00 C a Date - fr- d3 Date 22 Jr� J City Council Approval: City Clerk Date Description Division Number 7015 Parks Account Number C5100677 Castaways Park Plant/Irrigation Division Number 7251 Contributions Account Number C5100677 Castaways Park Plant/Irrigation Division Number Account Number Division Number Account Number r Signed: financial Approval: _ Adm,)iinistra{ttiiv� Signed: (��✓ / _ f Administrative Approval: City Me Signed: >J( d Director Amount Debit Credit $53,085.00 $50,000.00 Automatic $53,085.00 $50,000.00 C a Date - fr- d3 Date 22 Jr� J City Council Approval: City Clerk Date DEC -8 -2003 23:47 FROM:THE NA* CONSERVRN 7148327968 Unserrvvan� 0 SNMO MF IAFr GF/T0.MES lW i-aFY City of Newport Beach Attn: David Kiff Assistant City Manager 3300 Newport Boulevard Newport Beach, California 92659 California Regional Office so, Mimm Street Fourth floor Sun Francisco. CA 94LOS December 3, 2003 F to P.2 141S1 7770487 tQ (41S] 7770144 (4s51 777.077= nahlroxxv "RECEIVE AfTER AGE DA PRINTED:tt o This letter is being sent to the City of Newport Beach (the "City') by The Nature Conservancy, a District of Columbia non -profit corporation C7NC ), with respect to the Castaways Park Revegetation Plan, dated November 5, 2003 (the "Plan') which the City has designed for the 20 -acre Castaways Park in Newport Beach, California (the "Parse'), the goal of which is to restore the Park to a self - sustaining ecological site. As you are aware, TNC is the recipient of certain funds, known as the Irvine Ranch Environmental Enhancement Fund (the "Fund'), which was established by Donald Bren and The Irvine Company (`"TIC') to enhance and restore the natural habitat of wildlife, plants and ecosystems on open space lands within boundaries of the historic Irvine Ranch in Orange County, California. We understand that the budgeted cost of the Plan is $250,000, that the City expects to be awarded a grant of $100,000 from the California Coastal Conservancy for partial funding of the Plan, and that the City has allocated or will allocate $100,000 of its own funds for the Plan. We are writing to inform you that, with the encouragement and permission of TIC, TNC is willing to provide the remaining $50,000 needed to fund the Plan, on the understanding that such funds may be used only for the Plan, and that INC will not be undertaking any supervisory or other responsibilities with respect to the Plan. The Conservancy shall issue a check in the amount of $50,000 to the City of Newport Beach upon written notification from the City that the California Coastal Conservancy has made its $100,000 award for the Plan, and that a contract for implementation of the Plan has been awarded to a qualified contractor. The Nature Conservancy, a District of Columbia non -profit corporation By: cal ) Name: Title: "in �