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HomeMy WebLinkAboutC-3558 - Professional Engineering Services for Implementation of Coast Highway Channelization and Landscape Median Improvements - Corona del Mar - Amendment No. 10 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC July 27, 2007 All American Asphalt P. O. Box 2229 Corona, CA 92878 Subject: Coast Highway Channelization- Corona del Mar (C -3558) To Whom It May Concern: On June 27, 2006, 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 August 4, 2006. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 087 85 001. Enclosed is the Faithful Performance Bond. Sincerely, X 6�� M - /�"" LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael J. Sinacori, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, Cahfornia 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us EXECUTED . j,N ,)F (41 PAAT • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • � _,, ,..:. Wit. f.:• ;'• �: BOND NO. 087 .85 001 The premium charges on this Bond is S , " 9 - -. being at the rate of $ 4.00 00 thousand of the Contract price. WHEREAS, the City Council of the City Of Newport Beach, StM of CaUfomia. by mutton adopter!, awarded to All American Asphalberelnafler designated as the "Prirrdpar, a oontnmt for corvetruction of COAST HIGHWAY CHANNEINATMN - -CORONA DEL MAR, CoMrat No. 3589 in the City of NewpM Beach, in strict conformf<y with the plans, drawings, specifications, and other Contract Documents maintained in the Punic Woft Department Of the City of Newport Beech, all of which are Incorporated herein by ft reference. VVHERF.AS, Principal has executed or is about to execute Conbxat No. 3588 and the term thereof require the f nn*A try of a Bond Who faithful performance of the Conftwk NOW, TMOMFORE, 9Ye, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under die laws of the State of CaGbY& as Surety (herelaafter "Suret)O, are held and firmly bound unto the City Of Newport Beads, In the sun of Eight Hundred Four Thousand Eight Hundred Thirty Four and MMOD Dollars ($04.834AD) lawful money of are United States of America, sold sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and asatgns; for which payment well and truly to be made, we bind cursetvast our heirs, executors and admUftbwm, successors, or assigns, jointly and severally, tunny by these Present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal. or the Pdrtapars Mrs. executors, administrators, successors, or assigns. fall to abide by. and weU and h* keep and parf*m any or all the woric, covenants. conditions. and agreements In the Contract Documents and any allarsdon tttersof made as therein provided on Rs part to to kept am Performed at the rime and in the manner therein specified, and in ad mspft% ac=dbrg to its true intent and meaning, or fails to Indemnify, defend, and save harmless the City of Newport Beach, Its ofRcera, employees and agents, as therelrr stipulated, then. Surely wig fadd* patform the same, In an amount not exceeding the sum specified In this Bond, oHt m*,e this MW *o shag become mil and void. i1 0 . As a pan of the obkgation secured hereby, and in addition to the face amount specified In this Performanoe Bond, there shall be included Casts and reasonable expenses and fees, ktcltrdw4 reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action In few qr equity against Surety to enforce the obligations of this Sond. Surety, for value received, stipulates and agrees that no Change. exienson of time, aPosraf3ons or additions 10 the terms of the Contrail or to the wait to be p w*mned therewKW or to the specifications accompanying the some shall in any way affed its oblations on this Bond, and It does hereby waive notice of any such change, extension of tine, 3110fati0lts or additions of the Contrail or to the work or to the spsdfloations. This Faithful Pedomnance Band shag be extended and maintained by the Principal in full force and et%at for one (1) year Wowing tine date of formal amPtarm of the Project by the City. In the event that the Principal executed this bonad as an irgWiduat, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Band. IN WITNESS WHEREOF, this Instrument has been duly executed by clue Prk►dpsl and Swety above nerved, on the 7th day of V -r: zj 42005. Vic FIDELITY AND DEYOM COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD. GLENDALE, CA. 91203 Address of Surety SMETY:.818'- 4092800. AGENT: 714 - 9351112 Talepfhone OMEN M. BROWN, ATTORNEY -IN -FACT Print Name and Me NOTARY ACKNOWLEMME94M OF CONTRi1CTOR AND SURIM tYIUST BE ATUCHED 10 • 0 to ba No pamonO UtAgo nmmft k W 7�wear+oeurbieoranpfealdks sae�pws�rdiearpe�smemy�gmrrie audaoWasa�l and�tww�aoytarMaYtr�brsmea�er ,RWorTMwdDsown m PE$FOMWCB WND`NO. '087:85 002 Doawowdualx 3 -7-05 mmewdp"= TWO (2) sorrwtsr7tml- ,ammm AFL AMERICAN ASPHALT • E CALIFORNIA • ACKNOWLEDGMENT S i,- �.< a<_ �5_ �.... t�: �_ c� .'.,v,:a.,T._a.,�..m.. ».....V't 1�. TSB.! aN.. aS; at;. au!¢'•N..:iN�S,L�<!:SL!<iSf.�.G �,'��- »,ava._a. _c>_.>._a a _A.��>'�c�._.� s State of California } ss. County of '���CY�IC�e J On 3115 I -aooe5 before me, V*kA6 -Z,1 o z, T-, OA lnf gt,1Y1Iide. , Date Name and We of Officer (e.g., *Jana Doe. Notary Pu ile) personally appeared fir:} d personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(z) whose nameM isfare subscribed to the within instrument and acknowledged to me that hefeheAhey executed the same in him„efftei: authorized capacity(WQ, and that by hisAie64wir signatureA on the instrument the person($'), or the entity upon behalf of which the person A acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal A e blih T Si na re otary Pubrw OPTIONAL Though the information below is not required bylaw, 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 Title or Type of Document: _ Document Date: ��irG%L 1 Number of Pages: Signer(t) Other Than Named Above: j{ 1 M _ U JYgw i-N Capacity(igg) C V by Si ner( Signer's Name: Kn��PXk A i ❑ Individual d Corporate Officer — Title(M: 1 • Partner — ❑ Limited ❑ General • Attorney in Fact Tap ffiffiffim of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Represen'ng: �1t Arnf"r % C 4 )A- Signer's Name: ❑ Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or • Other: Signer Is 0 2004 National Notary Associatlon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder Call Toll -Free 1. 800. 878.8827 i. CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 23rd day of February, 2005, at which time such bids shall be opened and read for COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR Title of Project Contract No. 3558 $800,000 Engineer's Estimate a6n G. Badum Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: http://Www.city.newport- beach.ca.us/i)bwbidlist/default.asp Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $30 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor's License required for this project For further information, call Sean Crumby, Project Manager at (949) 644 -3315 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 TABLE OF CONTENTS NOTICE INVITING BIDS ................................ ............................... .......................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .................................................:............................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.................................................................................... ...........................PR -1 SPECIAL PROVISIONS ................... :........................................................................ SP -1 2 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 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 ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check .(sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 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. 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, or to make award to the lowest responsive, responsible bidder on the composite of Bid Schedule and additive items and reject all other bids, as it may best serve the interest of the City. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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.access.gi)o.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. If awarded by the City Council, the lowest bidder shall be determined by the lowest bid with all additive bid items. The City may not construct all or any of the additive items. The signature below represents that the above has been reviewed. 4nia rn I A. C-i a Contractor's License No. '& Classification :u." I TMO 1• Authorized-Signature/Title Robe`r Ortzjtel, Vj&e oesident BOND NO. 085 97 423 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY rHANNELIZATION - CORONA "AR CONTRACT NO. 3558 j3.ID1)—ER2 B Np 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 Ciy of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF TOTAL BID PRICE IN DOLLARS Dollars ($ 10% 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 COAST HIGHWAY CHANNELIZATiON - CORONA DEL MAR, Contract No. 3558 In the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents In the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall became 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 shah not exonerate the. Surety from its obligations under this Bond. Witness our hands this . z 2nd day of Fp ruary 205. ALL AMERICAN'ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY . OF MARYLAND Name Of Surety 801 NO. BRAND BLVD GLENDALE, CA..91203 Address of Surety SURETY: .818- 409 -2800 AGENT: 714-935-1112 Tel*phone OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title (Notary acknowfedgmeM of principal & Surety must be attached) BID DATE: FEBRUARY 23, 2005 5 9iAUrVmm1A ALL- rUKrUbr_ AU State of California County of Riverside ss. On February 22. 2005 before me, Debbie A. Matsen. Notary Public, Date Name and Title of Officer Personally appeared Mark Luer Name(p) of Signer(p) DEBBIE A. MATSEN _ Commission # 1452589 W Notary Public - Colifomio Riverside County My Comm. Expires Nov 22, 200) OPTIONAL X personally known to me s to be the person($) whose nameol is /me-subsoribed to the within instrument and acknowledged to me that hetekeAkey executed the same in his/heNlkeir authorized capacity(iee), and that by histhentheif signature(s) on the instrument the person(d) or, the entity upon behalf of which the personp* acted, executed the instrument. WITNESS my hand and official seal, Stgnature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bid Bond. City of Newport Beach Document Date: February 22, 2005 Number of Pages: 1 Signer($) Other Than Named Above: Owen M. Brown Signer's Name: Mark Luer Individual XCorporate Officer Title(s): Vice President _Partner- Limited _General _Attomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here soblocoxamb cm*bt Oxl�ss on ��22 -05� t>�oreim, BARBARA a. BRUM WIWI t otis�r x. a�t�l 6o be the vem"m dry 1 nawtv men MA OP7ia7M1A1. 16orveartes►.i�ronewnw &netpq W+YIj�i aioypoo�srmmele.lr�e+w�sai�pv aefpsieaae�mt.el�atlrp�reM INS�orYe�dwal�IwrtN �t�aHnumerdewrre D,IIDn at Aid Dotate * TworToodoomom BID BOND r pq OMwMm pp"w ALL AMERICAN -ASPHALT a omkw . Tp ib* 0 —dL 0 D Thow .0 Saw&= OP i"omovew - a cow t nerlep pmWPIDBLITT AN IMOS Alit � d 9funh M1erc PIMM - aegaraa,ss- morwr+.w..o�oeoasaae.cwwuge .'weersv :aee.ees�►nnWraosa�r 5ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your per• Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coveraee for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance.coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VL Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and twort act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act Pg ngs, and the execution of such bonds or undertakings in pursuan p , s on said Company, as fully and amply, to all intents and purposes, as if xe a regularly elected officers of the Company at its office in Ba . L9 h ir r s power of attorney revokes that issued on behalf of Owen M. BAM a mUydM1 The said Assistant lib Section 2, of the By-lfq WITNESS WIN affixed the Corporate December, A.D. 2004. ATTEST: 't`Q�p9�tFG,r�! the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. ZrOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary �f Ali f By: William J Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012 -4160 i��uiilrrgri �t`pF.tl.. M1 iy iii 4irrr,riph,,j�'(i�. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd day of February 2005 ,�.& � At, Assistant Secretary Fidelity and Deposit Company of Maryland Gno rt rZ ANPefM W37 MCC 39206 6 FEIN 1aLIS']] Address. Zurichiouem, 1400 Phone: 847- 6066000 American Lane Fax: 841 - 805.6011 Schaumburg, IL 60196 -1056 Web: iium"achna.c F9nmlgtl9Ral4pa rflslvtlt�m4onc- �Nrvn Ties agar Ivn:nourairb^>n 41Y81 9xaeaeiN9Y aer.� p mRW.�Nanv. Asd our Ne Room farthe latest nwa am O ress releases hothis company and its AG. Best Group Bed's Commov, Rapper! - Includes Bears Financial Strength Rating and ratlonale along with i comprehensive ans"cal commentary, detailed business overview and kayfinancial di ta. -' Rapert RaNSim Dade: OW W004 (represents the latest significant change). Bmv BxeculNe Surn iRevolts(Fhnnutl QeniesG- available In Mree whalers. mesa p aiddagon We npnds feature balance sheen, Income statement, lay financial performance lesls including proffalfi ll. lauldil, and reserve analysis. Beta Slatus: 2004 Bests Statement File- PC. US. Cardenas data compiled as of 12122=04 (Quality Cress Checked). a [ -fire pears offinanclal data speclocal"n Mile company. D Comparison - side- brielde Mendel endless ofthis company will a poor group pfup to in other companies you seleet I Catempishic -a+aluate this company's financials against a peer group composite. Repod displays both Me Macias and Mal completes ofymr selected peer group. Bent's IfievRradm Saida presada Beamt- Inclutles Bad. Financial 6aengM Riling and enamel tlae as provided in Beefs Key Rating Guide products. Dete91a41m 2003 Financial Deta(Quality Cross Checked). - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 DESIGNATION OF SUBCONTRACTOR(S1 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) Subcontractors Information Bid Item Description of Work %of Number Total Bid Name: jg�.4. ba^454a pe tsM.d SC.rL cvd. =re,90 -Gow Address: 1: „- U,a(er� LA e Phone: }iq.gb? -y6[s State License Number. Name: p,C i+,;pi.9 SfrjP+4 LR? 96 Address:...., C/ GA Phone: }t<t -�39- NSSb State License Number. Name:. jo,ttl, sKcwy ;.y S..rver (•3z'!. Address: . Jaffe Y( 4 A Phone: -}tN.S3(�fod� State License Number. All Ader me�mig Bid C0.�Z -fr- Z, Pro4emom.1 Fi 'L%eer,:r S°K {k of oAaMte_ C-76- KS: -Mrr Authorized Signature/Title TROD t FiWItpyt Vibe Prt�id evM El ectr)c'q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders - All A., - 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 GnId Wn iw -,t 5+rft+ Tmgra(emAt1ts Project Description S nee+ ILeCjWeriruc i00 Approximate Construction Dates: From A 1,2W-S To: 2) AWy Agency Name Cl %i o4 I,jeeAminsp+er Contact Person an,)ravi krwSSeP Telephone (3N) 494- 31 Original Contract Amount $1,44Q4Qpc0Final Contract Amount $ I A42.44a. o0 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. 2 Project Name /Number —ft.LtAin Avo ",& (�gtia�i ti tm}inr� Project Description S+rwp+ Qer g true+ian Approximate Construction Dates: From 11.ana4 To: 61anp�. Agency Name Cib of Soon+a Avia Contact Person Telephone(7iw) (n4 -7-5a$ Original Contract Amount $��lFinal Contract Amount $ 7(n7r7ie7.00 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. 3 Project Name/Number trYn/mde 44d 2;vvrvi��J Project Description SEre'e_+ 94r040t inue-l-)on. Approximate Construction Dates: From ia, 003Ta (m1a0Q!f Agency Name uvt:b/ 0:4 (Ziv�dg Contact Person 5tev, De i Telephone (qM) M6 -1a73_,12- Original Contract Amount $4 _` l9nal Contract Amount $ 4,4Sim�3 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. Project Description $meat Plpn rur 'pn Approximate Construction Dates: From Ifaooy To: '-1 OY Agency Name n 4, 6v-ano'g Contact Person 411214 Trkn� Telephone()1y)74H ~5513_ Original Contract Amount $73WaR!"Final Contract Amount $ 7 ,73a.Do 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 hlol -I- 61v,4 Pay-,,mm -e f {hahi );4*7 hn Project. Description Strp pa 12 er l inn Approximate Construction Dates: From If 1A my To: Agency Name efly pf pnliriQ Contact Person Cn2q Harrv,� Telephone (qot 395��13n Original Contract Amount $743,90.°OFinal Contract Amount $ 11 Rn� _00 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. 7 Project Description 54r,,r+ P a 4Stru&H&bn Approximate Construction Dates: From. -7i aw! To: !U.Rw� Agency Name (1144- o F GI Z!ajorra Contact Person k,e(Idv,Lor Telephone (wo giti- sapo Original Contract Amount $Final Contract Amount $ 3a2�35to.ba 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 A )n. 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. See A44a&ke j 1006e. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. 01111F.' T 10 Authorized Signature/Tiitl Robpr+ 0*ieA Vicr r�s�+ N DOUG HARRINGTON P.O. BOX 2229 CORONA, CA 917182229 WORK HOTORY ALL AMERICAN ASPHALT, Corona, California Construction Mauager (September, 1996 to Present) • Supervise construction activities for general engineering contractor • Manage grading, concrete, and paving operations for both public and Private work projects Paving Superintendent (1990 to September, 1996) • Managed all-paving operations • Responsible for organizing personnel, equipment and materials for paving projects . • Responsible for project acceptance • Handled customer inquiries and complaints Foreman (1988 to 1990) • Managed daily operations for grading, concrete, paving and public works projects • Responsible for quantity verification and contract changes PARROTT AND WRIGHT, Corona; California Foreman (1983 to 1988 ) • Managed daily operations for grading contractor INDUSTRIAL ASPHALT/HUNT MIS, Irwindale, California Operating Engineer (l 977 to 1983) • Responsible for daily maintenance and operation of various heavy machinery ADDITIONAL INFORMATION Attended various educational classes relating to the construction industry including: Agtec Pointman Training (Non contact, sensor grade control) Asphalt Technology CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 9 (rer,5;d t ) IQ ✓-r being first duly sworn, deposes and says that he OF she is !ih tw rrxdany of 411 Amieviezn A! ph 14' , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 611 Afts6o4yi i Bidder Authorized Signature/Title Vi&eoO�ijefw Subscribed and sworn to before me this 619rO day of 2005. [SEAL] Notary Public +�+++ DEBBIE A. MATSEN My Commission Expires: Ibr.ro^d, aao-7 1 Comm11 Ion # 1452589 -s =Public . CalRomia rn. B de County MyCorron.Exptrea Nov 22,2007 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 DESIGNATION OF SURETIES 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): i � M i i - 12 CONTRACT NO. 3558 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 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 2004 2003. 2002 2001 2000 Total 2005 No. of contracts 11a 161a 11PDA 144 1i13E I aloe 5, 89a Total dollar Amount of Contracts in -)A aA Thousands of $) ��'� \�yt \� �� No. of fatalities P3 g 0 _Ao ?1 No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or ler ,� 1'7 i 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 Legal Business Name of Bidder All gmK[eRh jqPh/it 4— Business Address: P.O. Business Tel. No..- State Contractor's License No. and Classification: �A C-la Title Ticp The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date 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 T , Legal Business Name of Bidder All gmK[eRh jqPh/it 4— Business Address: P.O. Business Tel. No..- State Contractor's License No. and Classification: �A C-la Title Ticp The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date 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 ALL - PURPOSE State of California County of Riverside ss. On February 22, 2005 before me, Debbie A. Matsen. Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) DEBBIE A. MATSEN Commission # 1452589 -e Notary PubBC - California Riverside County 6t`4y Comm. Expires Nov 22, 2007 X personally known to me =Frayed to f to be the person(s) whose name(s) 4e /are subscribed to the within instrument and acknowledged to me that$ie/spe/they executed the same in ti sAmWtheir authorized capaclty(ies), and that byHWAw /their signature(s) on the instrument the person(s) or, the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal, Signature of Notary Public 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: Contractor's Industrial Safety Record. City of Newoort Beach Document Date: February 22, 2005 Number of Pages: 1 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley and Thomas Toscas _Individual XCorporate Officer Title(s): Vice President and Sec./Treasurer _Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here . ..... . . ...... ..... I-V CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 ACKNOWLEDGEMENT OF ADDENDA Bidders name j911 pmwi eatn a0spiQjkj The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 15 pres'o-en+- COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 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: hit A, 'can Business Address: P.D. Acw aaaci . enraw, r-4 Qaft7R aaas! Telephone and Fax Number: Ff cvx: California State Contractor's License No. and Class:-#'90073 , At e-i a- (REQUIRED AT TIME OF AWARD) Original Date Issued: 1-10--71 Expiration Date: 1 -�i Ofo 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 phon e firm members, partners, joint ventures, and company or principal interest in this proposal: Name Title .III rtr • � i• . Address numbers of all individuals, corporate officers having a Telephone otawi mAIAlt to q &1(v- lUty' Yier Pr C'VAeK+ It Corporation organized under the laws of the State of eaii- Cornices. 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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: IVIA Provide the names, addresses and telephone numbers of the parties; AqA. Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. f 11G. 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 compliance (i.e. failure to pay prevailing wage, falsifying certifed,payrolls, etc.) ?Yes / to Are any claims or actions unresolved or outstanding? Yes No 17 i' The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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: IVIA Provide the names, addresses and telephone numbers of the parties; AqA. Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. f 11G. 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 compliance (i.e. failure to pay prevailing wage, falsifying certifed,payrolls, etc.) ?Yes / to Are any claims or actions unresolved or outstanding? Yes No 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Dan Slse aoft (Print name of Owner or President of Corporation /Company) Authorized Si nature(fitle Robert 6MAW' V 1f ice Prw_Sidan+ Title Subscribed and swom to before me this oi'd day of 2005. [SEA 18 DEBBIE b Z'SEN QmyCommission # 1452569 W_ Nodary PubBc - California Riverside County Comm. E>r bwNoM,2007 ire` rt 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. Dan Slse aoft (Print name of Owner or President of Corporation /Company) Authorized Si nature(fitle Robert 6MAW' V 1f ice Prw_Sidan+ Title Subscribed and swom to before me this oi'd day of 2005. [SEA 18 DEBBIE b Z'SEN QmyCommission # 1452569 W_ Nodary PubBc - California Riverside County Comm. E>r bwNoM,2007 VGI CIi LVVJ ll.if J1JV1J`•'JV r.u�r.�.�u "" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ,t ADDENDUM NO. 1 COAST HIGHWAY CHANNELIZATOIN - CDM CONTRACT NO. 3558 DATE: February 20, 2005 BY: A T�rdL.4.R�,c City Engineer TO: ALL PLANHOLDERS PROPOSAL Replace Proposal with attached Revised Proposal dated 2- 20 -05. Bidders must sign this Addendum No.1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. AJI Am>arir44 Aphei+- Bidder's Name (Please Print) ,olnn jari Date Authorized Signature Itle NdrILI W) Vice Prevideo FAUSER51PB'MShw & mCMr,WW -Y 04 -05COAST M:VY CHANNr�,ZA•TION 4 •- W$kOmtwt Da mw s:,ACCCWDUM 41,000 02/23/2005 12:10 19097394671 .ALL AMERICAN ASPHALT ALL AMERICAN ASAIALT ALL AMERICAN AGGREGATES P.O. BOX 2229, CORONA. CA 92878.2229 STATE CONTRACTORS LICENSE 4267072-A February 23, 2005 Sean Crumby City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Coast Highway Channelization — Corona Del Mar Contract #3558 Bid Submitted by All American Asphalt Dear Mr. Crumby: PAGE '02 On the All American's bid for the above project submitted to the City on - February 23rd, 2005, we inadvertently made a mistake on additive bid item Al. The price quoted was for one tree not four. My computer bid program was set up as a lump sum item, however, the subcontractor I used bid this item per each, I entered the unit price but because this item was lump sum the unit was not computed as four each. I am enclosed a copy of Kato Landscape's bid to help you understand why the mistake was made. Any relief you can give me will be greatly appreciated. Sincerely, Jerry Le Bouef Project Manager C'l au.ys2 gld JL5 & l y, wo TELEPHONE: 951.736 -7600 - FAX: 951 - 739-4671 12:10 Oti::n xn 19097394671 nniu cnnvOUno VVI\YI ALL AMERICAN ASPHALT COMPANY : AT VNTION : SZZ �t 14offoirr , AAT6 : 4La/—g:?E NO.OF PAGES (' .a o w%tp &-) : 2 •r 0 / r / I'M. 6,. . -- --- 6182 8uu+ard So-aet . FQw lc*I VOMV GA 92708 • (III} 96118)3 + (7! 4) 7a642i.JFAXi -- --- 6182 8uu+ard So-aet . FQw lc*I VOMV GA 92708 • (III} 96118)3 + (7! 4) 7a642i.JFAXi 02/23/2005 12:10 19097394671 ALL AMERICAN ASPHALT 23 -2005 07110 AM •T0 LANDSOAPE CONST,INC 714953 540 _„_KM Land�CSp ®,lnc. COMPANY ; ArtIVNTION ; UAT6 c Nth OF PACrVS i :.�:.e� -@ u•�• :.u;. f FLEMARYS OrN Z-PAOVWW�Z +w�j e4�/1.97s*r�1�25 A1:97 A407be !*" A'69 t404PASC w 4w APAM COQ Y� lit 6d /qtk P / W df-3 *-AjrAOWj A4r W/ !>AS/.e+' 9t V ez L.S. 3e� �Amp 7e zn /zQz 5- Laa r, ue 18182 Sahara Street • FOUA,' in bOKey, CA 92708 • !7i 4194.4615 + (71 41 VAI.0 ')a iFwti I 62/23/2665 12 :1e 196973946 ALL dh£RICAN ASPHH T ALL AMERICAN ASPHALT P.O. Box. 2229 Corona, CA 92878.2229 Tel: (951) 736 -7600 Fax: (951) 7139 -4671 DATE: TO: r� F FROM: Jerry Le BQuef. Extension 20Q4 N0, OF PGs: APaar� MESSAGE: 15;:e-n aftg6ned 1,04e,- HARD COPY TO FOLLOW IN MAIL. �A / NO If all pages of this fax are not received, please call (951) 736 -76061 Thank youll p t.. 81 License Detail • • Page .1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 267073 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 lir 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: 03/0112005 * * * Business Information * * * ALL AMERICAN ASPHALT P O BOX 2229 CORONA, CA 92878 Business Phone Number: (909) 736 -7600 Entity: Corporation Issue Date: 01/1911971 Expire Date: 01131/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description 0 GENERAL ENGINEERING CONTRACTOR C12 EARTHWORK AND PAVING * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 08727441 in the ar $10,000 with the bonding company http: / /www2.cslb.ca.gov /CSLB_LIBRARY /License +Detail.asp 03/01/2005 License Detail • • Page 2 of 2 FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 03/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDNIDUAL(1): The Responsible Managing Officer (RMO) DE DAYTON SISEMORE certified that he /she owns 10 percent or more of the voting stock/equ corporation. A bond of qualifying individual is not required. Effective Date: 01/12/2000 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the SEA BRIGHT INSURANCE COMPANY Policy Number: BB1040243 Effective Date: 06/08/2004 Expire Date: 06/08/2005 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other lice) Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request ® 2005 State of Califomia. Conditions of Use Privacy Poli http : / /www2.csib.ca.gov /CSLB_UBRAR`Y/License +Detail.asp 03/01/2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 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: Proyertv- 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 tt, 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR CONTRACT NO. 3558 CONTRACT THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: COAST HIGHWAY CHANNELIZATION - CORONA DEL MAR Project Description: Construction of Median concrete curbs and planting and irrigation on Coast Highway from Dahlia Avenue to Poppy Avenue. Contract No. 3558 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. 3558, 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. 0 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 Eight Hundred Four Thousand Eight Hundred Thirty Four and 001100 Dollars ($804,834.00). 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: Sean Crumby (949) 644 -3315 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 951 - 736 -7600 951- 7394671 Fax F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "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 2 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) 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. 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. 0 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 insureds 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 indemnificadon/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 0 0 provided that the Work damaged is built in accordance with the plans and specifications. 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 1. 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: .,� CITY OF NI A Municipal M ALL AMERICAN ASPHALT Authorized Signature and Titi Robert Bradley, Vi President Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date , rfes y nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and o act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al takings, and the execution of such bonds or undertakings in pursuan o s on said Company, as fully and amply, to all intents and purposes, as if x 8 ged by the regularly elected officers of the Company at its office in Ba ' raj tr r s power of attorney revokes that issued on behalf of Owen M. BROW P kat ruarvd:I7 a r, The said Assistant Section 2, of the By-Lfq WITNESS WI)J affixed the Corporate December, A.D. 2004. 'an ocvosi O t� ,v 4 { rdfylhat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. FtEOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland 1 ss: CityofBaltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND .Eric D. Barnes Assistant Secretary By: William J Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 012 -4160 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7th day of March 1 2005 . Assistant Secretary • • M"NO. Celee Ins Brokers i Agent Liu, No. 0829370 800 City Pkwy Vest, Ste.. 4500 Orange CA 02868 -2946 1714) 837 -1824 M All American Asphalt PO Row ZEUS Carona, CA 92078 -2229 THUS IS TO CERTIFY THAT THEPOOCIES OF OYSURANCELISTED BEL( INMCATED,NOT WITHSTANDH4G ANYREOUDREMENT.TE(MORCON CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE X EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOV CO TYPE OF WSURANOE LTR A GENERALL"LIrY X COMMEACIALOPIURALLIABILITY -- O-AIMS MADE O OCCUR ^ OWNER'S a CONTRACTORS PROT X Per Prat. Aggrogato B AUTOMORLELNBLRY x ANY AUTO ALL OWNED AUTOS SCHEDLLEB AUTOS HIRED AUTOS NON -OWNED AUTOS POLICY NUMBER 32OPPOS35900 AM ITIONAL INSURED 8 PRIMARY WORDING APPLIES ONLY IF REAUIRED BY CONTRACT TAEIIN.'S491 K2 Additional Insured Applies if required by written contract A MATTER OF INFORMATION TS UPON THE CERTIFICATE IS NOT AMEND, EXTEND OR COMPANY A Arch Specialty tvveanao Ca. COMPANY — _- .. -___ 0 Hartford Fire Insurance Ca. CCNIPAW C great American Insuranca cc COMPANY D Seabriaht Insurance WED BY THEPOLICIGS DVSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AY HAVE BEEN REDUCED BY PAID CLAIMS._ POLIOYEFAEOnVB ROLiCY EXPIRATWN DATE (MMIDOIYY7 OATS (MMIDNYY) SJO11D4 8101105 eMERAL AGOREGATE 6 ;1000,000 - -Y.00a,ODa PRODUCTS•COMPIOP AD(s GARAGE LIABILITY ANY AUTO S S 1.000,000 - AUTO ONLY - EA ACCIDENT PEASaw1L a AOV INJURY OTHER THAN AUTO ONLY: - 1EAGH ACCn)eNT EACH OCCURRENCE S 1,080,0an AOAREOATS FIFE DAMAGE (Mg one fire) p 601000 MA EXP (MY one Parson) S 8101104 O /alias 8101104 8/01108 common sweLf LIMIT S 4 O ViORKBRS OCMPENSATION AM EM%AYOWLIABLRY THE PROPRIETOR/ INCL PARTKElMfEXECU1WE OFFICERS ARE: EXCl 1,000,000 4 5101106 X STATUTORY LIMITS EACH ACCIDENT BODILY INJURY (PW w-W) S DISEASE •POLICY LIMR .�..a.. Oleas - EACH EMPLOYEES S 1,000,000 BODILY INJURY OTHER (per accidenO PROPERTY DAMAGE S RE: Coast Highway Chon"Ilsation - Corona Del Mar, Contract No. 2668 -10 days notice for nanpaytiont of praaiom 2aXp /7Y /wove 64 City of Navpart Bosch Public Yorks Department Attn: Shaun Lyn Oyiw 3300 Newport Blvd - Rampart Beech, CA 02633 SHOULD ANY OF THE ABOVE 0123!31® FOUGWB BS OANOCIl® BEFORE THE BXpNAnoni DATE TwANEOP, THE IBSYING OONTPANY WILL EN0 MKWWOWGL 30 WYS WNO'iEN NO'rME TO ixB DBRSFICATE NDL06R NAN®TO THE LEFT. 053011 GARAGE LIABILITY ANY AUTO NIA AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: - 1EAGH ACCn)eNT $..._ AOAREOATS S C ExeEBS LMBLRY UMBRELLA FORM OTHLR THAN UMSRELLA FORM TUEM9076 8101104 O /alias EACH OCCL9404CE S 10,000,000 AGGREGATE •..^ ••� S 10,Oan,D00 4 O ViORKBRS OCMPENSATION AM EM%AYOWLIABLRY THE PROPRIETOR/ INCL PARTKElMfEXECU1WE OFFICERS ARE: EXCl 681049243 8101104 5101106 X STATUTORY LIMITS EACH ACCIDENT IT 1.000.000 DISEASE •POLICY LIMR .�..a.. Oleas - EACH EMPLOYEES S 1,000,000 1,000,000 OTHER NIA RE: Coast Highway Chon"Ilsation - Corona Del Mar, Contract No. 2668 -10 days notice for nanpaytiont of praaiom 2aXp /7Y /wove 64 City of Navpart Bosch Public Yorks Department Attn: Shaun Lyn Oyiw 3300 Newport Blvd - Rampart Beech, CA 02633 SHOULD ANY OF THE ABOVE 0123!31® FOUGWB BS OANOCIl® BEFORE THE BXpNAnoni DATE TwANEOP, THE IBSYING OONTPANY WILL EN0 MKWWOWGL 30 WYS WNO'iEN NO'rME TO ixB DBRSFICATE NDL06R NAN®TO THE LEFT. 053011 u �-Al THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED SECTION III — WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with the Named Insured to be named as an additional insured, but only with respect to liability arising out of your operations, "your work ", or premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. The City of Newport Beach, its officers, agents, officials, employees, and volunteers Project: Coast Highway Channelization — Corona Del Mar, Contract No. 3558 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: 32GPP0535900 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/04 00 CGL0006 00 02 04 cAMy Docs1ALL\Endt.doc E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BROAD FORM, CGL POLICY ENDORSEMENT It is hereby agreed that the following paragraph is added to Section IV, Commercial General Liability Conditions, Item 4: Where the named insured is required by a written contract to provide insurance that is primary and non - contributory, and the written contract so requiring is executed by the named insured before any loss, this insurance will be primary, but only if and to the extent required by that written contract. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: 32GPP0535900 Named Insured: All American Asphalt Endorsement Effective Date: 811104 00 CGL0130 00 01 04 Page 1 of 1 CALIFORNIA ALL - PURPOSE State of California County of Riverside SS. On March 15. 2005 before me, Debbie A. Matsen. Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley Name(d) of Signer($) DEBBIE A MATSEN Commtssbn # 1452509 -s Notary Pub! - CalBomla RNerstda County tdyComm. Expires Nov 22, 2.7 OPTIONAL X personally known to me to be the person(s) whose name(s) istwo subscribed to the within instrument and acknowledged to me that helshQAhW- executed the same in his/haNtheir authorized capacily(lea), and that by hisiherilheir- signature(d) on the instrument the person(S) or, the entity, upon behalf of which the person(d) acted, executed the instrument. WITNESS my hand and official seal, 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: Contract. City of Newport Beach Document Date: March 15, 2005 Number of Pages: Pace 6 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley Individual XCorporate Officer Title($): Vice President _Partner- Limited _General _Attomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here 0 5ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your per• Disclosure of Terrorism Premium The premium charge for risk of loss resulting from.acts of terrorism (as defined in the Act) under this bond is $ waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: I . to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 0 • COMMERCIAL AUTO CA 00 0112 93 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION 1- COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 = ANY "AUTO ". 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Coverage any " trailers" you don't awn while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 = OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" that you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This Includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This Includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 = SPECIFICALLY DESCRIBED "AUTOS ". Only those "autos" described in ITEM THREE of the Declarations for which a• premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). 8 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not Include any "auto" you lease, hire; rent, or borrow from any of your employees or partners or members of their households. 9 = NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used in cbnnection with your business. This Includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1, 2, 3, 4, 6 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. CA 00 0112 93 Copyright, Insurance Services Qffice, Inc., 1993 Pace 1 of 11 _4 0 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only If: a: We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage is provided by this - coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: A. COVERAGE 0 1. 'Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto ". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that Is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction SECTION II - LIABILITY COVERAGE We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto ". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this Insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos ". However, we will only pay for the "covered pollution cost or expense" If there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident ". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may Investigate and settle any claim or "suit" as we consider appropriate. our duty to defend or settle ends when the Liability Coverage Limit of insurance has been exhausted by payment of judgments or settlements. Page 2 of 11 1. WHO IS AN INSURED The following are "insureds". a. You for any covered "auto ". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto ". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your employee if the covered "auto" is owned by that employee or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" -unless that business is yours. (4) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered "auto ". Copyright, Insurance Services Office, Inc., 1993 CA 0a 81 12 92 0 0 (5) A partner of yours for a covered "auto" (2) Provide the minimum amounts and owned by him or her or a member of his types of other coverages, such as no- or her household. fault, required of out-of-state vehicles c, Anyone liable for the conduct of an by the jurisdiction where the covered "Insured" described above but only to the "auto" Is being used. extent of that liability. We will not pay anyons more than once for 2. COVERAGE EXTENSIONS the same elements of lass because of these sxtenslons a. Supplementary Payments. in addition to p B. EXCLUSIONS of the Limit of Insurance, we will pay for the "Insured ": This Insurance does not apply to any of the (1) All expenses we Incur. following: (2) Up to $258 for cost of bail bonds 1. EXPECTED OR IN'T'ENDED INJURY (including bonds for related traffic law "Bodily injury' or "property damage" expected violations) required because of an or Intended from the standpoint of the "insured'% "accident" vwe cover. We do not have q}72, CONTRACTUAL to famish these bonds. `��v1 Liability assumed under any contract or (3) The cost of bonds to release agreement. attachments In any "suit" we defend, But this exclusion does not apply to liability for but only for bond amounts within our damages: Limit of insurance. (Q) All reasonable expenses incurred by the a.. Assumed in a contract or agreement that Is "Insured" at our request, Including an Insured nontracth provided the bodliy actual lose of eaming up to $f a0 a day injury or `property damage occurs * the execution a4 the contract bemuse of time off from work. or agreement; t; or or at (s) All costs taxed against the "Insured" In b. That the hteured would have In the the '"h u any "sun" we defend. absence of the contract or agreement. (B) An interest on the full amount of any 3 MRKERS' COMPENSATION judgment that accrues after entry of the judgment In any "sulf' we defend, but Any ebfigatien for which the "insured" or the our duty to pay interest ends when we "insurane insurer may he hold liable under any have paid, offered to pay or deposited wodters` compensation, . dlsab€lity benefits or in court the part of the judgment that is unemployment compensation law or any similar within our Limit of insurance, low, b. Out. .hate Coverage Extenslons. A EMPLOYHE INDEMNIFICATION AND While a covered "auto" Is away from the EMPLOYER'S LIABILITY state where it Is licensed we we: "Bodily Injury" to: (1) increase the Limit of Insurance for a. An employee of the "insured" arising out of Liability Coverage to meet the limits and In the course of employment by the specified by a compulsory or fmanotal Insured "; or responsibinty law of the jurMation b. The spouse, child, parent, brother or sister where the covered "auto" Is being used. of that employes as a consequence of This extension does not apply to the paragraph a, above. limit or limits specified by any law governing motor carriers of passengers or property. ADDITIONAL INSURED: The City of Newport Reach, its officers, agents, officials, employees and volunteers Project! Coast 9ighway Channelization - Corona Del tsar, CA 3558 Rn no M 49 Y1 r,.....a..,... , WORKERS COMPENSATION AND EILOYERS LIABILITY INSURANCE POLIV WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of Newport Beach, its officers, agents, Coast Highway Channelization – Corona Del officials, employees, and volunteers Mar, Contract No. 3558 WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 811/04 Policy No. 6 6 1 04024 3 Insured All American Asphalt (A Corp) Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4 -84) 01999 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. Endorsement No. 6 Policy Effective Date 8/1/04 r 16 05 01:53p • P-1 Fax Cqq— oLly'3,5lX CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: Dept./Contact Received From: Ct, t1 CA 6 tf>It'i� Date Completed: Sent to: By: �� 1 (1y'Le !AfJL_i� Company /Person required to have certificate: All f GENERAL LIABILITY A. INSURANCE COMPANY: A Y B. AM BEST RATING (A: VII or greater): 4 1 X0 ! C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ZNo D. LIMITS (Must be $1 M or greater): What is limit provided? I % ry l pC_[: E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ] Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? gfYes ❑ 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 Jam( 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): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? t� 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 ] No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): j �� ❑ Yes ❑ Is it included? � t 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: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? t G El Yes J<No / IF NO, WHICH ITEMS NEED TO BE COMPLETED? J— L x2/21/2085 11:27 9496443308 ENGINEERING rHUC ❑c ;ao PR f of 15 {Revised 2- 20-05} CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT .� COAST HIGHWAY CHANNELIZATION CONTRACT NO. 3458 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, Califomia 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No, 3558 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: It awarded by the City Council, the lowest bidder shall be determined by the lowest bid with all additive bid Items. The City may not construct aB or any of the additive Items. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WOR12S PRICE PRICE Lump Sum Mobilization @ Dollars and Cents $ Per Lump Sum 2.. Lump Sum Prepare SWPPP Dollars and Cents $ jr�p Q__ Per Lump Sum 02!21/2005 11:27 9496443309 tNULNCCR1M • • PR2of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Clearing and Grubbing Q Dollars and Cents $ � Stop Per Lump Sum 4. Lump Sum Traffic Control Q Dollars and Cents $ L17,000- Per Lump Sum 5. Lump Sum Construction Surveying Q Dollars and Cents $ Z o Per Lump Sum 6. 4,140 S.F. Saw cut and remove existing 12" thick original reinforced PCC to accommodate median construction Dollars and GC Cents $ $ :200TO O Per Square Foot 7. 4,920 S.F. Saw cut and remove existing AC pavement and aggregate base to accommodate 2.3' planting material ® Dollars and ,p Cents $ q_ $ 3y`w Per Square Foot 02/21/2005 11:27 9496443308 ENGINEERING 1 - -- - • -- • PR3of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 11,300 S.F. Saw cut and remove existing AC pavement and aggregate base to accommodate 3-foot planting material G Dollars g =° and Cents $ 4-0 $ 10 Per Square Foot 9. 3,300 S.F. Saw out and remove Interfering portions of existing median curb and pavers to accommodate the new median Dollars. and °O Cents $ __ _ _ $ It 1 o Per Square Foot 10. 4 Each Remove existing sign post and foundation Dollars and Cents $ S_ Per Each 11. 1,375 S.F. Sawcut and remove existing PCC sidewalk and replace In-kind to accommodate improvements @ Dollars and Cents Per Square Foot 12, Lump Sum Remove existing sign, post and foundation. Salvage sign and reinstall per location on plans $ 060 ' Dollars and Cents $ t1 s-b Per Lump Sum 02/21(2005 11:27 9495443316U tNUINLMKINq ^••� • • PR4of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRIG WRITTEN IN WORDS PRICE PRICE 13. Lump Sum Remove existing irrigation tine, heads and wiring to accommodate new Irrigation system @ Dollars and Cents $ L- t o Per Lump Sum 14. Lump Sum Remove existing back8ow, abandon: meter and service per City of Newport Beach Utilities Department Dollars and Cents $ *0 ` Per Lump Sum 15. Lump Sum Cut and plug Irrigation line at the main Q Dollars and Cents $ goo Per Lump Sum 18. Lump sum Connect new irrigation system to the existing system at Marguerite Avenue (5 Dollars and Cents Per Lump Sum 17. 3,480 L.F. Construct 8" Extruded PCC curb @ Dollars and 00 Cents $ 8 $ 7 1j. TZo Per Linear Foot 92/21/2005 11:27 `J4`Jb44JJyttl crruir1cGM11 ru "'-- --' - • • PR5of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18, 2 Each Adjust manhole to new finished grade Dollars and Cents $ SSo _ $ Per Each 19. 3 Each Install No. 3'/2 F pull box and electrical components Dollars and Cents $ 1' 30 —_ $ I s Per Each 20. 250 L.F. Jack and bore 4" schedule 40 PVC sleeve to accommodate irrigation control conduits per detail #3C on plans Dollars and ,o Cents $ 3a — $ T +? Per Linear Foot 21. 150 L.F. Jack and bone 4" schedule 40 PVC sleeve to accommodate new 2" water service per detail #3A on plans Dollars and Cents $ 3;- $ K_, 8o a Per Linear Foot 22. 190 L.F. Jack and bore 4" schedule 40 PVC sleeve to accommodate electrical conduit for future lighting per detail #3B on plans @ Dollars and Cents $ 37 �� $ �gy Per Linear Foot 02/21/2005 11:27 9496443308 LNUINLLNINU r uc Vf /1J . • PR6of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 3 Each Construct 2" service lateral and 2" water meter Cm Dollars and Cents $ tl $ 17� a� o Per Each 24. Lump sum Construct 8" PCC curb opening to allow drainage from East side of street to the Westerly catch basin Dollars and Cents $� Per Lump Sum 25. 3 Each Install 2" backiiow, prevention assembly @ Dollars and Cents $ 3 via $ 7_400 Per Each 26. 700 L.F. Construct (1) 2" and (1)1" schedule 40 PVC conduits for Irrigation control wines @ ^ _Dollars and Cents $ R6 $ If Per Linear Foot 27, 850 L.F. Construct 21/2" schedule 40 PVC pipe for future lighting Dollars and OG Cents $ 3 ;t- - $ 1 6oc7 Per Linear Foot 02!21!2005 11:21 9495443308 tivulrvccrcirya -- - • • PR7of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL — AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 300 L.F. Construct 2" schedule 40 PVC waterline @ Dollars and ,o Cents $ CO- ; $ 1 ,S pnno Per Linear Foot 29. 44 Each Install CalTrans standard signs Dollars and Cents $ $ oa Per Each 30. 16 Each Install CalTrans CA type K.1 marker, 6" x 12" strip of yellow retro- reflective shooting Dollars and 00 Cents $ loo= _ $ 1, eoo Per Each 31 • Lump Sum Install pavement markings per CalTrans Traffic Manual Markings detail 29 @ Dollars and Cents $ Z o Per Lump Sum 32. 4 Each Install Meyers stainless sleet cabinet/base and electrical components @ Dollars and Cents Shoo $ J Per Each 02/21/'2005 11:27 9496443338 ENGINEERING mac u�tia • • PR8of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE- PRICE 33. 1 Each Install Doublewide Meyers stainless steel cabinstlbase and electrical components Dollars and Cents $ �h�-0 _ $� Per Each 34. 1 Each Install 6" RW gate valve per City of Newport Beach Utilities Department @ Dollars and Cents $ 000 $ 000 Per Each 35. Lump Sum Provide and install top soil ( Dollars and Cents $ �evy Per Lump Sum 36. 2 Each Install Taymac covered duplex outlets with weather proof cover Dollars and eo Cents $ ?oo $ Per Each 37. 100 L.F. Construct 2" conduit with 24#8 wires for traffic signal @ Dollars and Cents $ _ $ voa Per Linear Foot 02!21/2005 ' 11:27 9496443308 EN61NLLHiM 0 1 � ..,, PR9of15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN PRICE PRICE 38, 60 L.E. ,WORDS Jack and bore 4" schedule 40 PVC spare sleeve for future use Dollars and eo Cents $ Per Linear Foot 39. 2 Each Install No. S F pull box and electrical components Dollars and _ Cents $ -!cc, Per Each 40. Lump Sum Install new service line In existing traffic signal cabinet. Battery backup shall be utilized during service connection Dollars and Cents $ 3 00 Per Lump Sum 41. 10 Each Install 20 amp breaker per City of Newport Beach Dollars and Cents $ 12 2) $ 11700 Per Each 02/21/2005 11:27 949b443i0G uvuiivccnu.o . • • PR 10 of 15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 42. 50 L.F. Construct 3" Schedule 40 PVC conduit to provide power to doublewide cabinet Dollars and Cents Per Linear Foot 43. 4 Each Install Phoenix dactylifera (Date Palm) Dollars and Cents Per Each 44. 8 Each Install Archontophoenix cunninghomians (King Palm) Wo $ 37-- $ I Dollars and Cents $ o o $ 3 Per Each 45. 14 Each Install Spathodea campanolata (African Tulip Tree) Dollars and vo Cents $ t 3 s� _ $ 14 rvg)_ Per Each 40. 745 Each Install Strelitzla reginae (Bird of Paradise) ® Dollars and o• Cents $ (b $ Per Each 02/21/2005 11:27 949644J:�nb • PR 11 of 15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 47. 2,492 Each Install Agapanthus africanus Peter Pan (Dwarf Lily of the Nile) @ Dollars and Cents $ � � $ I 9S' Per Each 48. 553 Each install Tulbaghia violacea (Society Garlic) Dollars and w Cents $ _I11 $ ! Per Each 49. 366 Each Install Hemerocallis hybrid 'Black Suave' (Daylily) @_ Dollars and ., Cents $ _ 1 ,4- - $ z a Z Per Each 50. 361 Each Install Hemerocallis hybrid 'Pink Chiffon' (Daylily) @ Dollars and r, Cents $ 1 $ , 4134--- Per Each 51. 398 Each Install Hemerocallis hybrid 'Lemon Dip' (Daylily) Dollars and Cents $ � $ 6;4-66 Per Each 02/21I2b1o5 1L:1r J9JOYy JJUO • PR 12 of 15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRIG,, PRICE 52. 184 Each Install Trachelospermum Jasminoide (Star Jasmine) (� Dollars and Cents $ 1 3 ` $ 9 z Per Each 53. 15 Each Install Rosmarinus ofF'icinalis 'Prostratus" (Prostrate Rosemary) Dollars and Cents $ 1.3 _ $ 11 S­ Per Each 54. 1,945 L.F. Install 2" CL 315 irrigation line 0 Dollars and Cents $ A:—_ $ a Per Linear Foot 55. Lump Sum Install Irrigation heads and laterals Dollars and Cents Per Lump Sum 5& 5 Each Install 10" round plastic control and common wire pull box Im Dollars and Cents Per Each 57. 3 Each Install master valve @ Dollars and Cents Per Each 00 $- $ X45_ $ S-zs $ 02/21/205 11:27 9495443309 tNG1NttNiNU -- 0 PR 13 of 15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 58. 3 Each 59, 7 Each Install flow sensor @ Dollars and ' o0 Cents $ 57J- 5- $ 4s-ips- Per Each Install ball valve Dollars and Cents $ 300 $ no Per Each 60. 12 Each Install quick coupling valve in box Q Dollars and Cents $ 300 - $ -?4600 Per Each 61. 13 Each Install electric remote control valve box Dollars and Cents $ -3ro =° $ q.i�-¢p ' Per Each 62. 16,220 S.F. Install 2" layer of mulch Dollars and Cents $ _ 01 ro $ 8' f4 Per Square Foot 63. Lump Sum 90 day landscaping maintenance G Dollars and Cents $ LT Per Lump Sum V/2112005 11:27 9496443308. ENGINEERING I.. -- __.__ • PR 14 of 15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE SUBTOTAL PRICE IN WRITTEN WORDS (base bid items) Dollars and Cents $ ��0O Total Pr {Figures) ADDITIVE BID ITEMS Al. Lump sum Install 4 Phoenix dactylifera (Date Palm) at MacArthur Dollars and _ _Cents $ 6tr� Per Lump Sum A2. Lump Sum Landscaping and irrigation for median south of Coast Highway and Marguerite Intersection (date palms, bird of paradise, etc.) [� Dollars and Cents $ Z Per lump Sum A3. Lump Sum Improvements for median south of Coast Highway and Marguerite Intersection Dollars and Cents $ 13_ , 2 yS Per Lump Sum A4. Lump Sum Designlbuild uplighting at Marguerite Avenue (both sides) @ Dollars and _Cells $ L;` Per Lump Sum 02/21/2005 11:27 9496443308 tNC1NttK1YU ` • PR 15 of 15 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE SUBTOTAL PRICE IN WRITTEN WORDS (additive bid items) and Cents TOTAL PRICE IN WRITTEN WORDS (base + additive bid items) and Cents • .. 7, el GR57��3to -7rQnn Far: (TOtb3g -tl I Bidder's Telephone and Fax Numbers Ala- ,J/n-!5. g C l.? Bidders.Lice sn No(s). and Classification(s) — Dollars $ o Total Price (Figures) Dollars $ 40r4 BgV/.f .00 Total Price (Figurers) —f'il pA 9y�501�@t� Bidder Bid ers Authorired Signature and Title rK- Lu�Prl Hite Pr�gidevF}- pr'_ APV aaaa.- r6ffm. &f gaS78 -aaaq Bidder's Address • • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COAST HIGHWAY CHANNELIZATION — CORONA DEL MAR CONTRACT NO. 3558 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -8 RIGHT OF WAY 1 2 -9 SURVEYING 2 2 -9.3 Survey Service 2 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5-2 PROTECTION 3 5-7 ADJUSTMENTS TO GRADE 3 5-8 SALVAGED MATERIALS 4 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6-2 PROSECUTION OF WORK 4 6-7 TIME OF COMPLETION 5 6 -7.1 General 5 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7.7 COOPERATION AND COLLATERAL WORK 6. 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 7 7.8.7 Disposal of Portland Cement Concrete and Asphalt Concrete Removed as Part of the Work 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 .7-10.2 Storage of- Equipment and Materials in Public Streets 8 7 -10.4 Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notices to residents and businesses 9 7 -15 CONTRACTOR'S LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT '10 .9 -3.1 General 10 9 -3.2 Partial and Final Payment 18 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERALS 19 0 201 -1 PORTLAND CEMENT 19 201 -1.1.2 Concrete specified by class 19 201 -2 REINFORCEMENT FOR CONCRETE 19 201 -2.2.1 Reinforcing steel 19 SECTION 214 PAVEMENT MARKERS 19 214-4 Nonreflective Pavement Markers 19 214 -5 Reflective Pavement Markers 19 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300 -1 CLEARING AND GRUBBING 19 300 -1.3 Removal and Disposal of Materials 19 300 -1.3.1 General 20 300 -1.3.2 Requirements 20 300 -1.5 Solid Waste Diversion 20 SECTION 302 ROADWAY SURFACING 20 302 -5 ASPHALT CONCRETE PAVEMENT 20 302 -5.1 General 20 302 -5.4 Tack Coat 20 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 20 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 20 303 -5.1 Requirements 21 303 -5.1.1 General 21 303 -5.5 Finishing 21 303 -5.5.1 General 21 303 -5.5.2 Curb 21 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 21 308 -1 GENERAL 21 SECTION 02810 LANDSCAPE IRRIGATION 22 1.01 Scope of work 22 1.02 Quality assurance and requirements 23 1.03 Submittals 25 1.04 Product delivery, storage and handling 29 1.05 Guarantee 29 2.01 Materials 30 3.01 Inspection 37 3.02 Preparation 37 3.03 Installation 38 3.04 Temporary repairs 41 3.05 Field quality control 41 3.06 Maintenance 43 3.07 Clean -up 43 3.08 Final observation prior to acceptance 43 3.09 Observation Schedule 43 SECTION 02900 LANDSCAPE PLANTING 43 1.06 Scope of Work 43 1.07 Quality assurance and requirements 44 1.08 Submittals 44 1.09 Product delivery, storage.and handling 44 1.10 Job conditions 45 1.11 Samples and Tests 45 1.12 Guarantee and replacement 46 1.13 Materials 46 PART 3 - EXECUTION 3.01 Inspection 50 3.02 Preparation 50 3.03 Installation 50 3.04 Planting Installation 53 3.05 Clean -up 55 SECTION 02970 LANDSCAPE MAINTENANCE 56 1.14 Scope of Work 56 1.15 General Maintenance 56 1.16 Quality Assurance 57 1.17 Maintenance Phase 57 1.18 Start of Maintenance Phase 58 1.19 Guarantee and Replacement 58 1.20 Final Project Submittals 59 3.01 Maintenance 59 3.02 Tree and Shrub Care 59 3.03 Groundcover Care 62 3.04 Annual Color 61 3.05 Irrigation System 61 3.06 Final Acceptance 62 SECTION 310 PAINTING 62 310 -5 PAINTING VARIOUS SURFACES 64 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 62 310 -5.6.6 Preparation of Existing Surfaces 62 310 -5.6.7 Layout, Alignment and Spotting 62 310 -5.6.8 Application of Paint 62 SECTION 312 PAVEMENT MARKER REPLACEMENT AND REMOVAL 63 312 -1 PLACEMENT 63 PART 4 - -- CONSTRUCTION MATERIALS SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 63 400 -2 UNTREATED BASE MATERIAL 63 400 -2.1 General 63 400 -2.1.1 Requirements 63 APPENDIX A- --OCSD AND APWA STANDARD DRAWINGS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS COAST HIGHWAY CHANNELIZATION • SP 1 OF 63 - CORONA DE CONTRACT NO. 3558 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans R- 5874 -S; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 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 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 removal and construction of. median concrete curb, miscellaneous asphalt, signing and striping, landscape planting and irrigation, jacking and boring of sleeves, installation of conduits and wiring, and other incidental items not mentioned that are required by the Plans and Specifications." 2 -8 RIGHT OF WAY Change the second sentence to read " The City shall provide a location for equipment and material storage at the Old School Lot located at the south west corner of 4'" Street and Dahlia (APN 459- 02 -19). Clean up and restoration of the Old School Lot to its original condition remain the responsibility of the Contractor. The Contractor shall indemnify and hold the Agency harmless from all claims for liability or damages from use of the Old School Site for storage." 0 2 -9 SURVEYING • SP2OF63 2 -9.3 Survey Service. Add to this section: `The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor is DMc Engineering. Derek J. McGregor can be contacted for estimates at (949) 753 -9393. At a minimum two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 -hours in advance of any work. In addition, the filing of a Comer Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. Electronic copies of plans will be provided to selected contractor for staking calculations purposes. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will have the affected survey monuments restored per records, at the sole expense of the Contractor. The restoration cost to the Contractor will include the filing of the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ............ 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. 0 • SP3OF63 (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 worts added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 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. Submittals are required for all construction materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- 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." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Orange County Sanitation District, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. • • SP4OF63 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. The contractor shall salvage all removed signs. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. 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 Contractor has exerted extra effort to meet his/her original schedule and has demonstrated that he/she will be able to maintain his /her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his /her overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -2 PROSECUTION OF WORK. The work schedule incorporates four (4) distinct construction phases as depicted on the Traffic Control Plans. Contractor shall only be allowed to proceed with only one phase at a time. Traffic control will only be allowed to be setup in one phase area at a time. Completion in order to begin the next phase shall be defined as the approved construction of curbs and the approved installation of landscaping and operational irrigation system. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within ninety (90) consecutive working days after the date on the Notice to Proceed. This does not include the landscape maintenance period. • • SP5OF63 It shall 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 1St January 17th (Martin Luther King Day), February 21' (President's Day), May 30"' (Memorial Day), July 4th (Independence Day), September 5th (Labor Day), November 11`h (Veterans Day), November 241h and 25th (Thanksgiving), December 241h and December 25th (Christmas), and December 31 "(New Year's Eve)." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. Lane closures are only allowed between 8:00 a.m. and 3:30 p.m. in the southbound direction and between 9:00 a.m. and 4:00 p.m. in the northbound direction. The Contractor, his/her 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, Contractor 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 $1000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." • • SP 6 OF 63 SECTION 7— RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "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. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402.° 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, 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, Newport Harbor, the beach, or the ocean." The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: • • SP7OF63 a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. 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 and the back charging of the Contractor for all costs plus 15 percent. 7 -8.8 Disposal of Portland Cement Concrete and Asphalt Concrete Removed as Part of the Work. All Portland Cement Concrete and Asphalt Concrete encountered and removed as part of the Work shall be removed from the site and delivered to a recycling disposal facility. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor in conjunction to the Traffic Control Plans, shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access and parking to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Installation and maintenance of traffic control equipment shall be per Traffic Control plans. Before 8:00 a.m. and after 4:00 p.m. the contractor will adjust traffic control to provide two lanes of traffic and a parking area. No lane closure will be allowed overnight. Contractor shall maintain a minimum 3' clearance to any open trench adjacent to the travel lane, therefore the PCC curb shall be installed prior to removals. Contractor shall provide message boards that read "Major Road Construction on Coast Highway Corona Del Mar Use Alternate Route." Boards shall be located prior to the intersection of southbound Coast Highway and Jamboree Road, northbound • • SP8OF63 Coast Highway and Newport Coast Drive, and southbound MacArthur Boulevard and San Joaquin Hill Road, to the satisfaction of the City of Newport Beach Engineer. The Contractor shall provide a traffic control plan for the unloading of landscaping trees, in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc 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. The City will provide a storage space for equipment and materials on a portion of the Old School Lot, Located at the south west corner of 4 1 Street and Dahlia (APN 459 -02- 19). Prior to move -in, the Contractor shall take photos of the City provided storage area. The Contractor shall restore the City provided storage area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.4 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 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY' signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. • • SP9OF63 7 -10.7 Notices to Residents and businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents and businesses, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. 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 • • SP 10 OF 63 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, and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Prepare SWPPP: Work under this item shall include, but not be limited to the preparation of the Storm Water Pollution Prevention Plan, Erosion Control Plans, implementation of the program, maintenance of all water pollution related equipment, inspections and reporting as required, meeting all requirements in the plans and specifications and all related details to protect the work site from storm water and non - storm water runoff pollution. Item No. 3 Clearing and Grubbing: Work under this item shall include removal and disposal of soil, pavement, sub - grade, vegetation and debris, as required to complete the work in place. Item No. 4 Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, signs, delineators, traffic cones, barricades, arrow boards, flag persons, steel plates, notification of the affected businesses and residences, project signage, large message boards and all other work necessary to comply with the WATCH and the City of Newport Beach requirements for each of the four construction phases. Item No. 5 Construction Surveying: Work under this item shall include all labor, tools, equipment, and material costs to provide construction surveying filing all corner Records, and all other work items as required to complete the work in place. Item No. 6 Saw cut and remove 12" thick original reinforced PCC pavement to accommodate median construction: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, steel reinforcement removal and disposal, and other items as required to complete the work in place. Item No. 7 Saw cut and remove existing AC pavement and aggregate base to accommodate new 2.3' planting material: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, tack coat, compaction, and other items as required to complete the work in place. All removals may not commence until the PCC curb is constructed. Any damaged to curb will cause removal and replacement at the sole expense of the contractor. Item No. 8 Saw cut and remove existing AC pavement and aggregate base to accommodate new 3' planting material: Work under this item shall include the cost of • • SP 11 OF 63 all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, compaction, and other items as required to complete the work in place. All removals may not commence until the PCC curb is constructed. Any damaged to curb will cause removal and replacement at the sole expense of the contractor. Item No. 9 Saw cut and remove interfering portions of existing median curb and pavers to accommodate the new median Work under this item includes the removal of existing AC pavement, PCC pavers aggregate base and sub -base as shown on details #2A and #213 on sheet 3 of plans, sawcutting, excavation, disposal, compaction, and other items as required to complete the work in place. Item No. 10 Remove existing sign, post and foundation: Work under this item shall include the cost of all labor and equipment, including but not limited to excavation, removal of foundation reinforcement, disposal, and other items as required to complete the work in place. This item also includes the removal and disposal of reflective median markers. Item No. 11 Sawcut and remove existing PCC sidewalk and replace in kind to accommodate improvements: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, compaction, temporary patching or plating, concrete, forming, finishing, backfill and all other work items as required to complete construction of PCC paving around meter boxes, pull boxes, water pipe, irrigation and lighting pipes, and all other items as required to complete the work in place. Sawcut limits shall be to the nearest full slab. Item No. 12 Remove existing sign, post and foundation. Salvage sign and reinstall per location on plans: Work under this item shall include the cost of all labor and equipment, including but not limited to excavation, removal of foundation reinforcement, disposal, reinstallation, and all other items as required to complete the work in place. Item No. 13 Remove existing irrigation line, heads and wiring to accommodate new irrigation system: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcuts, excavation, removals and disposal of existing irrigation line, and all other items as required to complete the work in place. Item No. 14 Remove existing backflow, abandon meter and service per City of Newport Beach Utilities Department: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, removals, salvage to indicated location in specifications, and all other items as required to complete the work in place. Item No. 15 Cut and plug irrigation line at main: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, • • SP 12 OF 63 . sawcutting, excavation, removals, disposal, and all other items as required to complete the work in place. Item No. 15 Connect new irrigation system to existing system at Marguerite Avenue: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, research of how the existing system works, sawcutting, excavation, removals, disposal, pipe material and appurtenance for water service, testing of water service, and all other items as required to complete the work in place. Item No. 17 Construct 8" Extruded PCC curb: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, forms, finishing, epoxy adhesive, and all other items as required to complete the work in place. Curb must be extruded or formed where extrusion not possible. A precast curb will not be allowed. Item No. 18 Adjust Manhole to new finished grade: Work under this item shall include adjusting all manholes to grade and all other items as required to complete the work in place. Item No. 19 Install No. 3 % F pull box and Electrical Components: Work under this item shall include furnishing and installing box/base and electrical components, pavement removal, excavation, temporary patching or plating, backfill, compaction, disposing of excess excavated materials, and all other work items as required to complete the work in place. Item No. 20 Jack and bore 4" schedule 40 PVC sleeve to accommodate irrigation control conduits per detail #3C on plans: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, pit, backfill, Schedule 40 PVC sleeve material, and. all other items as required to complete the work in place. Item No. 21 Jack and bore 4" Schedule 40 PVC sleeve to accommodate new 2" water service per detail #3A on plans: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, pit, backfill, Schedule 40 PVC sleeve material, and all other items as required to complete the work in place. Item No. 22 Jack and bore 4" Schedule 40 PVC sleeve to accommodate electrical conduit for future lighting per detail #313 on plans: Work under this item shall include the cost of all labor,, equipment and materials including, but not limited to, excavation, pit, backfill, Schedule 40 PVC sleeve material, and all other items as required to complete the work in place. Item No. 23 Construct 2" service lateral and 2" water meter: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, trenching per City of Newport Beach STD - 105 -L -A, pipe • SP 13 OF 63 material, strap service saddle per City of Newport Beach STD -502 -L and all other appurtenance for water service connection, appurtenances to make connection to existing water main and all other items as required to complete the work in place. Item No.24 Construct 8" PCC curb opening to allow drainage from East side of street to the Westerly catch basin. Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, compaction, and all other items as required to complete the work in place. Item No.25 Install 2" backflow prevention assembly. Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, appurtenances for backflow prevention assembly, and all other items as required to complete the work in place. Item No. 26 Construct (1) 2" and (1) 1" schedule 40 PVC conduits for irrigation control wires: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, trenching per City of Newport Beach STD - 105 -L -A, removal of AC /AB /subgrade, placement of full depth 9" AC, pipe material, placement of conduit thru sleeve, and all other items as required to complete the work in place. Item No. 27 Construct 2 112" schedule 40 PVC conduit for future lighting: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, trenching per City of Newport Beach STD - 105 -L -A, removal of AC /AB /subgrade, placement of full depth 9" AC, pipe material, placement of conduit thru sleeve, pipe material, removal and replacement/repair of sod, and all other items as required to complete the work in place. Item No. 28 Construct 2" schedule 40 PVC waterline: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, trenching per City of Newport Beach STD - 105 -L -A, removal of AC /AB /subgrade, placement of full depth 9" AC, pipe material, placement of pipe thru sleeve, appurtenance for water service, appurtenances to make connection to water service, and all other items as required to complete the work in place. Item No. 29 Install CalTrans standard signs: Work under this item shall include the cost of all labor, equipment and materials to comply with specifications by CalTrans, and all other items as required to complete the work in place. Sings include but are not limited to: "No pedestrian crossing, use crosswalk' R9 -3 and R9 -3B; "One way" R6 -2; "No U -tum" R3 -4. Item No. 30 Install CalTrans CA type K -1 marker, 6" x 12" strip of yellow retroreflective sheeting: Work under this item shall include the cost of all labor, equipment and materials to prepare surfaces, apply markings, comply with CalTrans specifications, and all other items as required to complete the work in place SP 14 OF 63 Item No. 31 Install pavement markings per CalTrans Traffic Manual Markings detail 29: Work under this item shall include the cost of all labor, equipment and materials to comply with CalTrans specifications, and all other items as required to complete the work in place. Item No. 32 Install Meyers stainless steel cabinet/base and electrical components: Work under this item shall include furnishing and installing Meyers Stainless Steel Cabinet/Base and Electrical Components per City of Newport Beach STD - 206 -L, wiring, temporary patching or plating, backfill, compaction, disposing of excess excavated materials, stub out for connection to SCE service from power pole at Marigold Avenue and Heliotrope Avenue, or connection to power provided by the City of Newport Beach from the building at Fernleaf Avenue, and all other work items as required to complete the work in place. Item No. 33 Install doublewide Meyers stainless steel cabinet/base and electrical components: Work under this item shall include furnishing and installing Meyers Stainless Steel Cabinet/Base and Electrical Components per City of Newport Beach STD - 207 -L, wiring temporary patching or plating, backfill, compaction, disposing of excess excavated materials, stub out for connection to SCE service from interception of existing service in City Parking lot at Marguerite Avenue, and all other work items as required to complete the work in place. Item No. 34 Install 6" RW gate valve per City of Newport Beach Utilities Department instruction: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, valve boxes, appurtenances to make connection to water main and all other items as required to complete the work in place. Item No. 35 Provide and install top soil: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, placement, sample and testing, and all other work items as required to complete the work in place. Item No. 36 Install Taymac covered duplex outlet with weather proof cover: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, conduits, conductors, junction boxes, connections and testing, and all other items as required to complete the work in place. Item No. 37 Construct 2" conduit with 248 wires for traffic signal: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, conduits, conductors, junction boxes, connections and testing, and all other items as required to complete the work in place. Item No. 38 Jack and Bore 4" schedule 40 PVC spare sleeve for future use: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, pit, backfill, Schedule 40 PVC sleeve material, and all other items as required to complete the work in place. • SP 15 OF 63 Item No. 39 Install No. 5 F pull box and Electrical Components: Work under this item shall include furnishing and installing box/base and electrical components, pavement removal, excavation, temporary patching or plating, backfill, compaction, disposing of excess excavated materials, and all other work items as required to complete the work in place. Item No. 40 Install new service line in existing traffic signal cabinet Battery backup shall be utilized during service connection: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, conduits, conductors, junction boxes, connections and testing, and all other items as required to complete the work in place. Contractor shall provide 48 hour notice to the City of Newport Beach, no Friday work will be allowed. Item No. 41 Install 20 amp breaker per City of Newport Beach: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, wires, connections and testing, and all other items as required to complete the work in place. Item No. 42 Construct 3" schedule 40 PVC conduit to provide power to doublewide cabinet: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, conduits, wires, conductors, junction boxes, connections and testing, and all other items as required to complete the work in place. Item No. 43 Install Phoenix Dactylifera (Date Palm): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 44 Install Archonotophoenix Cunninghamannia (King Palm): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 45 Install Spathodea Campanolata (African Tulip Tree): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 46 Install Strelitzia Reginae (Birds of Paradise): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 47 Install Agapanthus Africanus, Peter Pan (Dwarf Lill of the Nile): Work under this item shall include the cost of all labor, equipment and materials • • SP 16 OF 63 including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 48 Install Thulbaghia Voilencea (Society Garlic): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place.. Item No. 49 Install Hemerocallis Hybrid 'Black Suave' (Daylily): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 50 Install Hemerocallis Hybrid 'Pink Chiffon' (Daylily): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 51 Install Hemerocallis Hybrid 'Lemon Dip' (Daylily): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 52 Install Trachelospernum Jasminoides (Star Jasmine): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and other items as required to complete the work in place. Item No. 53 Install Rosmarinus Officinalis 'Prostratus' (Prostrate Rosemary): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 54 Install 2" CL 315 irrigation main line: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to main water line, and all other items as required to complete the work in place. Item No. 55 Install irrigation heads and laterals: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, appurtenance such as tees, elbows, etc, and other items as required to complete the work in place. Item No. 56 Install 10" round plastic control and common wire pull box: Work under this item shall include furnishing and installing pull box, backfill, compaction, and all other work items as required to complete the work in place. SP 17 OF 63 Item No. 57 Install Master Valve: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, electrical connections, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 58 Install Flow Sensor: Work under this item shall include furnishing and installing Sensor and electrical components, wiring, electrical connections, valve boxes, and all other work items as required to complete the work in place. Item No. 59 Install Ball Valve: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, pipe material, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 60 Install Quick Coupling Valve in Box: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, pipe material, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 61 Install Electric Remote Control Valve in Box: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, electrical connections, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 62 Install 2" layer of mulch: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, and other items as required to complete the work in place. Item No. 63 90 day Landscaping Maintenance: Work in this item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire maintenance period. ADDITIVE BID ITEM Al Install 4 Phoenix Dactylifera (Date Palm) at MacArthur Boulevard: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, drainage, additional irrigation to palm trees during the construction and maintenance phases if necessary to insure tree health and all other items as required to complete the work in place . ADDITIVE BID ITEM A2 Landscaping and irrigation for median south of the Coast Highway and Marguerite Intersection: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, drainage research of how the existing SP 18 OF 63 system works, excavation, removals, disposal, pipe material and appurtenances for water and electrical services, and testing of water service. Also ball valves, quick coupling valves, remote control valves, pull boxes, lateral lines, sprinkler heads all to match the legends shown on the plans and all other items as required to complete the work in place to city inspector's satisfaction. ADDITIVE BID ITEM A3 Improvements for median south of the Coast Highway and Marguerite Intersection: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, removal of existing median curb, stamped concrete and base, construction of PCC curb, construction of 9" full depth AC, signing and striping, and all other items as required to complete the work in place. ADDITIVE BID ITEM A4 Design /Build uplighting at Marguerite Avenue (both sides): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, pit, backfill, Schedule 40 PVC sleeve material, and all other items 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 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: `Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." SP 19 OF 63 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this section: "All removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www. city. newport- beach.ca. us /GSV /Frachised %20Haulers. htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches" And replace the words "1-Y2 inch" of the last sentence with the words 'two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. • • SP 20 OF 63 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. SECTION 302 -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe his /her method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she 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. The submittal shall adhere to the following guidelines. 1. Root Pruning b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 02810 LANDSCAPE IRRIGATION PART 1- GENERAL 1.01 SCOPE OF WORK: A. Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. B. Related work In other sections: 1. Landscape Planting 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: 1. The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturers Directions: 1. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulations: 1. All local, municipal and state laws and 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 or requirements of the SP 23 OF 63 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. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the City . 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. 6. Immediately notify the City in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the City's satisfaction. E. Site Safety: 1. Erect and maintain barricades, warning signs, lights and/or guards .as necessary or required to protect all persons on the site. F. Explanation of Drawings: 1. Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, SP 24 OF 63 furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially 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. 2. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. 3. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the City Inspector. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.03 SUBMITTALS: A. Material List: 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the City Inspector. 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description Man ufactu rer Model Size(s) 1. Backflow Preventer Febco 860 2" 2. Pop -up Spray Head Rainbird 1806 NA 3. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. B. Substitutions: 1. The contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. SP 25 OF 63 The landscape contractor shall submit to the City Inspector for approval on a separate sheet of contractor's letterhead paper the following: a. A statement indicating the reason for making each individual proposed substitution(s). b. Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the salestmanufacturer's regional telephone number. C. Provide the amount of cost savings or overage if the proposed substitute item is approved. 2. Substituted equipment of materials installed or furnished without prior approval of the City Inspector may be rejected and the Contractor required to remove such materials from the site at his own expense. The City shall have the sole discretion in accepting or rejecting any proposed substitution. 3. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 4. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 5. Manufacturer's warranty is required on any product offered. 6. If, in the opinion of the City , the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. C. Record Drawings: The Contractor shall provide and keep up to date a complete "record" set of blue line ozalid prints which shall be corrected daily and show every change from the original drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and shall be the basis for measurement and payment for work completed. This set of drawings shall be kept on the site and shall be used only as a record set. 2. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. 3. Before the date of the final inspection, at the end of the Maintenance Phase, the Contractor shall transfer all information from the record prints to sepia or photo mylar. The mylar may only be procured from the Landscape Architect via a bonded reprographics firm which will pick up the original plans, print them and return the originals to the Landscape Architect's office. The cost of these prints shall be paid to the reprographics firm directly from the Contractor. All work shall be neat, drawn in waterproof ink by a technical ink pen designed specifically for use on mylar material. Work completed in felt tip pen or ballpoint pen shall be rejected because of the non - permanent nature of both devices. All work shall be subject to the approval of the City. 4. The Contractor shall verify the needs of the City Inspector or Local City Planning Department as to any requirements for city- required record drawings. The Contractor shall be responsible for providing all drafting and required plans on the required medium to the City Inspector as required. All costs for drafting services shall be borne by the Contractor. This includes all microfilm or other processes the city may deem necessary for record purposes to the satisfaction of the City. The Landscape Architect is not responsible, nor contracted for drafting Contractor record drawings. 5. The Contractor shall dimension from two (2) points of reference the location of the following items. The depth of each item shall also be indicated if required by the City. The minimum height of dimensions and /or notes shall be 1/8" unless otherwise directed by the City Inspector. Provide a "bar scale" on the plan. 6. a. Water Point of Connection, (POC) b. Backflow preventers C. Master valve d. Flow sensor e. Gate or ball valves f. Quick coupling valves g. Remote control valves h. Routing of pressure main line piping, ( dimension max. 100' along routing) i. Routing of control and common wire j. Pull Boxes k. Other related equipment • .. • SP 27 OF 63 7. On or before the date of the final inspection at the end of the Maintenance Phase, the Contractor shall deliver the corrected and completed mylar to the City and /or City Inspector. Delivery of the mylar will not relieve the contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. D. Controller Charts: 1. Record drawings shall be evaluated by the Landscape Architect and/or City Inspector before controller charts are prepared. 2. Provide one controller chart for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized '' /Z" smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7. The charts shall be mounted using Velcro tape. 8. Controller charts shall be completed and approved prior to final inspection of the irrigation system. E. Operation and Maintenance Manuals: 1. Prepare and deliver to the City within ten calendar days prior to completion of construction, hard- covered three rings binders containing the following information: a. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. F. • SP 28 OF 63 b. Catalog and parts sheets on every material and equipment installed under this contract. C. Guarantee statement d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: • Manufacturer's name • Make and model number • Name and address of local manufacturers representatives • Spare parts list in detail 2. Provide two (2) manuals, unless otherwise directed by the City or City Inspector. Equipment to be furnished: 1. Supply as a part of this contract the following tools and equipment: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this contract. b. Two (2) five foot valve keys for operation of ball valves Two (2) keys for each automatic controller. C. One (1) quick coupling valve key for each five (5) quick coupling valves installed. 2. The above - mentioned equipment shall be turned over to the City at the end of the Maintenance Phase. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced. with new pipe. 1.05 GUARANTEE: A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the City at the end of the Construction Phase. D. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have fumished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the City after receipt of written notice form the City. All repair work shall completed to the satisfaction of the City. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS 2.01 MATERIALS: • SP 30 OF 63 A. General: 1. Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping shall be PVC Class 315 for all pipe 2" and larger, and Schedule 40 for all pipes 1 -1/2" and smaller with solvent welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21 -70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 12454B. This compound shall have a 2,000 - PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 40, 1 -2, 11 -1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 5. All PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pipe size C. Schedule or Class d. Pressure rating in PSI e. NSF (National Sanitation Foundation) approval f. Date of extrusion 6. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 40, injection molded of PVC fitting compound which meets current ASTM D 1784 -69 and requirements described in Cell Classification 13454B. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. 1. Non - Pressure buried lateral line pipe shall be PVC Class 200 with solvent -weld joints, Y2" shall be Class 315. 2. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in. Federal Specification PS -22 -70 with an appropriate standard dimension ratio. 3. Except as noted in paragraphs 1 and 2 of this section, all requirements for non - pressure lateral line pipe and fittings shall be the same as that for solvent -weld pressure main line pipe and fittings. D. Threaded Nipples: 1. Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using Teflon tape applied to male threads only. E. Joint Primer: 1. Type as recommended by manufacturer of pipe. 2. Type IPS -P -70 or equivalent for Flex hose to PVC fittings. F. Joint Cement: 1. Solvent type as recommended by manufacturer. G. Backflow Prevention Devices: 1. Backflow Prevention Units shall be of the size and type indicated on the drawings. Install backflow prevention units in accordance with irrigation construction details and all local applicable codes and ordinances. 2. Wye strainers at backflow prevention units shall have a bronzed screwed body and shall be the type as specified on the plans. 3. Provide enclosure only if denoted on plans. H. Ball Valves: 1. Shall be as specified on plans. SP 32 OF 63 Flow Meters: 1. Flow sensing equipment shall be manufactured by Rainbird and shall be an insertion type with a non - magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or 316 stainless steel with the impeller and sensor housing being glass - filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethylenepropylene O- rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "UF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1 -1/2 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22- degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. J. Quick Coupling Valves: 1. Quick coupling valves shall have a brass two -piece body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. 2. Hinge cover shall be of heavy duty brass construction with a durable high quality locking yellow, (potable) or violet, (reclaimed) thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. 3. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. K. Normally- Closed Master Valves 1. Master valves shall be the size and type as shown on the drawings. 2. Solenoid, if different from that normally supplied, shall be as specified on the drawings. 3. The remote control valve shall be a normally closed, 24VAC -50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating shall not be less than 2,000 PSI, (13.8 bars, metric). 4. The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced buna -n rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. • SP 33 OF 63 5. The valve shall have both internal and external manual open /close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one -piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50/60 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. 6. The valve shall have a contamination -proof (CP) self- flushing nylon filter screen located at the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable operation. 7. The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). 8. The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. 9. The controller assembly shall be provided with a Master Valve Power assembly for the purpose of powering the master valve circuit independent of controller operation to pressurize the mainline for supplemental watering. This assembly shall consist of a timing module (with variable timing in thirty minute increments for up to three hours) mounted to the face of the backboard and pre - wired to a terminal interface board. L. Electric Remote Control Valves: 1. Electric control valves shall be of the size and type shown on the drawings. 2. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. 3. Provide and install one control valve box for each electric control valve. 4. Provide and install Christy tags with valve sequence for each valve. M. Valve Boxes: 1. Ball Valves: Use 10" diameter x 10 -1/4" round boxes, Carson industries #910 -12B with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. 2. Electric Control Valves: Use 12 "x17x7' deep rectangular boxes, Carson Industries #1419A -12B with green bolt down cover or approved equivalent. • SP 34 OF 63 3. Drip Assemblies: Use oversized boxes for drip irrigation system assemblies to allow adequate room around component for installation repair and replacement without disturbing the box. Carson Industries #1730B -P12B (20 -1/2" x33 -1/2 "x12" deep rectangular box) with green ABS bolt -down lid or approved equivalent. 4. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10 -1/4" deep round box with lock bolt cover. Box shall be green in color. 5. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers. 6. Vehicle traffic area boxes shall be concrete with cast -iron lid designed for vehicle traffic use. N. High Voltage Wiring: 1. Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. O. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200', 10 ga. up to 2,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. 4. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. SP 35 OF 63 5. All splices shall be made with Scotch Lok, Connector Kings, or King "One- Step" wire connectors. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and /or directional turn. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the City Inspector. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires. If more than one route is available for extra wires, contact the City Inspector for the number of extra wires to be run in differing directions. P. Cable: 1. Rainbird sensors may be located up to 2,000 feet from transmitters or displays. All data communications wire connecting flow sensors to the electronics that are buried below grade, with or without conduit, shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). 2. The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum - polyester shield and be finished with a black high - density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E- 000319DFC. 3. It is important that all wire connections be absolutely watertight with no. leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch - LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. Q. Automatic Controller: 1. The automatic controller shall be of the size and type shown on the drawings. 2. The City prior to installation shall approve final location of automatic controllers. 3. Unless otherwise noted on the plans. The 120 -volt electrical power to the automatic controller location shall be furnished by others. The final hook -up of the automatic controller to the 120 -volt power source shall be the responsibility of the irrigation contractor. 4. The controller shall not receive an enclosure unless otherwise specified on the drawings. SP 36 OF 63 R. Sprinkler Heads: 1. All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. 2. All spray type sprinklers shall have a screw adjustment. 3. Riser /swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. 4. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. PART 3 — EXECUTION 3.01 INSPECTION: A. Site Conditions: 1. All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. 2. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. 3. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. 4. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. 5. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractors expense. 6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. 3.02 PREPARATION A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. • SP 37 OF 63 2. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the City Inspector immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation emitters/heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the City Inspector. Do not exceed the maximum or minimum spacing indicated by the manufacturer. B. Water Supply: 1. Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. C. Electrical Supply: 1. An electrical connection for automatic controller shall be made to electrical points of connection as shown on the drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. 3.03 INSTALLATION: A. Trenching: 1. Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. a. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all non - pressure lateral lines. C. Provide for a minimum of eighteen- (18) inches cover for all control wiring. d. Refer to civil engineers plans for boring or trenching across paving or under streets. B. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or SP 38 OF 63 organic debris such as plant refuse.. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one -half (112) inch in size will be permitted in the initial backfill. 3. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make-all required adjustments without cost to the City. C. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. D. Line Clearance: 1. All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not • SP 39 OF 63 be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. 2. Place location tape 6" above all piping, low voltage and high voltage wiring. E. Automatic Controller: 1. Install controller per manufacturer's instructions. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. F. High voltage wiring for Automatic Controller: 1. The irrigation contractor shall provide 120 -volt power connection to the automatic controller. 2. All electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. G. Remote Control Valves: 1. Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote. control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. K Flushing of System: 1. After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished. Sprinkler Heads: 1. Install the sprinkler heads or emitters as designated on the drawings. Sprinkler heads and /or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. SP 40 OF 63 2. Spacing of sprinkler heads and /or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. 3.04 TEMPORARY REPAIRS: A. The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the City Inspector. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. B. Testing of Irrigation System: 1. The Contractor shall request the presence of the City Inspector at the intervals listed below in advance of any testing. 2. The Contractor shall provide "walkie- talkies" for communication from the review area to the controller location. 3. The Contractor shall provide current record drawings at each review. 4. Before testing mainlines, fill the lines with water for a period of at least 24 hours. 6. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. 7. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved watertight, prior to paving. 8. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. 9. All hydrostatic tests shall be made in the presence of the City Inspector. The test may be made in the presence of the General Contractor's superintendent only if written acceptance of the test is forwarded to the City and City Inspector immediately after testing. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 10. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the.irrigation system. 11. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 12. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Inspector, to determine if the water coverage for the planting areas is. complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 13. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the City Inspector. 3.06 MAINTENANCE: SP 42 OF 63 A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.07 CLEAN -UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.08 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the City Inspector at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the City Inspector shall be reworked to the complete satisfaction of the City Inspector. B. The Contractor shall show evidence to the City Inspector that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. 3.09 OBSERVATION SCHEDULE: The contractor shall be responsible to establish a schedule of observations with the proper City staff. SECTION 02900 LANDSCAPE PLANTING PART 1 - GENERAL SCOPE OF WORK: E. Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. F. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Maintenance SP 43 OF 63 G. Source Quality Control: 1. Arrange procedure for inspection of plant material with City Inspector prior to work. Should the contractor desire the City Inspector to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the City Inspector one week prior to this requested inspection. The City Inspector shall invoice the Contractor for the inspection on an hourly basis, portal to portal, including any other expenses incurred. All such invoices shall be paid to the City Inspector prior to any other inspections by the City Inspector to the project site. 2. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on -site with the actual plant material being considered. SUBMITTALS: H. Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the City. PRODUCT DELIVERY, STORAGE AND HANDLING: Delivery: 1. Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. 2. Deliver plants with legible identification labels. a. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. b. Use durable waterproof labels with water - resistant ink which will remain legible for at least 60 days. 3. Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 4. The Contractor shall notify the City Inspector forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. J. Storage: 1. Store plant material in the shade and protect from the weather. K. Handling: 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. JOB CONDITIONS: L. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. SAMPLES AND TESTS: M. The City reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. N. The Contractor shall have soil samples tested after finish grades have been established to best represent the site soil conditions. Surface samples shall be taken with a trowel at 0" to 12" deep into finish grade. Should sub - surface samples be requested, these shall be taken at a depth of 30" to 36" into finish grade. All samples shall be tested by an established soils laboratory for soil fertility and agricultural suitability. Each sample shall contain approximately one quart, but no less. Copies of the laboratory's recommendations shall be sent to the City and the City Inspector upon receipt by the Contractor with a statement denoting and additional or deductive costs. The Contractor shall then install soil amendments and backfill to conform to the soil laboratory's recommendations by first requesting and receiving a written change order from the City.. This report shall also contain recommendations for palm tree sub -soil drainage, import soil for over native soil, and/or any other special conditions particular to the project site and design. Special consideration should be given the soil samples for the presence of soil sterilants as the planting areas were prior under paving. The City may request additional testing of finish grades to determine actual amendment rates per 1.06 A above. The contractor shall include the plant list from the Planting plans along with the soil samples for compatibility comparison by the soils laboratory. GUARANTEE AND REPLACEMENT: O. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for SP 45OF63 a period of one (1) year from the effective date of completion of the Maintenance Phase of the project as established by the City. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the City Inspector, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the City. P. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. PART 2 — PRODUCTS MATERIALS: A. The following organic and soil amendments and fertilizer are to be used for bidding purposes only. Specific amendments and fertilizer specification will be made after grading operations are complete and soil samples are tested by the Contractor. B. All materials shall be of standard, approved and first grade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Contractor shall supply the City Inspector with a sample of all supplied materials accompanied by analytical data from an approved laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. C. Organic Material: 1. Nitrogen Stabilized: 0.56 to 0.84% N based on dry weight for redwood sawdust. 2. Particle Size: 95% -100% passing 6.35mm standard sieve; 80 %- 100% passing 2.33mm standard sieve. 3. Salinity: The saturation extract conductivity shall not exceed 3.5 millimhos/centimeter at 25 degrees centigrade as determined by saturation extract method. 4. Iron Content: Minimum 0.08% dilute acid soluble Fe on dry weight basis. 5. Ash: 0 -6.0% (dry weight). D. Soil Amendments: 1. Gypsum: Agricultural grade produce containing 98% minimum calcium sulfate. • SP 460 F 63 2. Planting tablets: a. Slow- release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash b. 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. E. Top Soil: 1. Top soil, as required, shall be obtained from on -site planting excavations if at all possible. 2. Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity Which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Silt plus clay content of the soil shall not exceed 30 %.by weight with a minimum 95% passing the 2.0 millimeter sieve. The sodium absorption ratio (SAR) shall not exceed 6 and the electrical conductivity (ECe) of the saturation extract of the soil shall not exceed 3.0 millimhos /centimeter at 25 degrees Centigrade. The boron content of this soil shall be no greater that 1 ppm as measured on the saturation extract. The pH shall not exceed 7.0 and be not less than 6.0. In order to insure conformance, samples of the import soil shall be submitted to a qualified soil laboratory for analysis prior to shipping. This specification applies to import soil to be used for backfill purposes in problem soil areas. In landscape areas where no soil problems exist, the textural characteristics shall be similar to native soil. The source of soil shall be free from Bermuda grass and other noxious weeds or _grasses. Topsoil shall be free from refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones larger than one inch, coarse sand, and small clay lumps. The Contractor shall furnish the City with the proposed source or sources of topsoil to be used at least fifteen (15) working days prior F SP 47 OF 63 to delivery. The Contractor at his own expense, shall obtain soil samples from his intended top soil source and have a soil analysis performed by a soil testing laboratory to ensure conformity with the preceding specifications. Topsoil shall not be delivered to the work site prior to approval by the City. Any delay caused by the failure of soil tests to meet these specifications shall be the sole responsibility of the Contractor. Plant Material: Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well - developed branch systems, not sparse, irregularly spaced, thin branched or having off - balanced head. All shall have vigorous and fibrous root systems that are not root or pot- bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the City Inspector reserves the right to reject the entire lot or lots of plants represented by the defective samples. The City is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. 2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the City Inspector. But the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. 3. Rejection or substitutions: a. All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced • SP 48 OF 63 with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the City Inspector. 4. Pruning: a. At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the City Inspector. 5. Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California,' Manual 32, published by the University of California School of Agriculture (1963). 6. Nursery Grown and Collected Stock: a. Grown under climatic conditions similar to those in locality of the project. b. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. C. Use only liner stock plant material that is well - established in removable containers or formed homogeneous soil sections. 7. Substitute plant material will not be permitted without specific written approval by the City Inspector. G. Tree Staking Material: 1. Stakes for Tree Support: a. Wood Stakes 1. Stakes shall be straight grained lodgepole pine. Stakes shall be free from knots, checks, splits, bends, or disfigurements. Minimum nominal size shall be 2" in diameter x 10' long and pointed at one end. Adjust to fit tree size. Treat with copper naphthanate. 2. Tree supports shall be rubber "Cinch-Tie" tree ties available at V.I.T. products, (800) 729 -1314, allowing limited trunk movement. H. Mulch Cover: 1. All shrub planting shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. Aguinaga Forest Floor 0% 2" Provide depth of 2" minimum over finish grade in general I. Miscellaneous Materials: 1. Sand: a. Washed plaster sand or equivalent. 2. Herbicides: a. Pre - emergent herbicide: Ronstar or equivalent b. Post - emergent herbicide: Round -up or equivalent PART 3 — EXECUTION INSPECTION: A. Verify that final grades have been established prior to beginning planting operations. B. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. C. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. PREPARATION: D. Stake out locations for plants and outline of planting beds on the ground with non -toxic substance as gypsum. E. Do not begin excavation until plant locations and plant beds are acceptable to the City Inspector. INSTALLATION: F. Excavation for Planting: 1. Pits and Trenches: a. Shape: 1. Dig vertical sides and flat bottom on all pits and trenches. 2. Plant pits to be square for box material, and circular for canned material. b. Size: 1. All plant pits for shrubs shall be dug twice the diameter and the exact depth of the root ball. 2. Refer to the plans for the size of tree plant pits. SP 50 OF 63 1. The area to be planted shall be deep - ripped to a depth of twelve (12) inches. The deep ripping shall be done in a cross pattern, after the site has been rough graded, and prior to spreading soil amendments and conditioners. All rocks which are greater than two inches in diameter, measured at their largest diameter, shall be removed from the top two (2) inches of the ripped area. At the completion of the deep- ripping operations, the areas to receive top soil and /or soil conditioners shall be brought to a smooth, uniform surface free of ruts, furrows and other irregularities. Accidental swales and mounds shall be limited to one -inch vertical deviation from a regular surface. Do not condition soil on slopes over 3:1 2. After approximate finished grades have been established, soil shall be conditioned and fertilized. Actual materials and rates shall be determined by the soil laboratory recommendations. The following materials and rates are included for bidding purposes only. Once the soils report has been reviewed and bid costs adjusted accordingly, the City shall issue a field notification for the actual amendments, rates, and manner of installation. For bidding purposes only, Nitrogen stabilized organic amendment, ammonium phosphate and gypsum shall, at the following rates, be uniformly spread and cultivated thoroughly by means of mechanical tiller into the top 6" of soil. a. Planting Beds: 1. Nitrogen stabilized organic amendment: 4 cu. yds. per 1,000 sq. ft. 2. Commercial fertilizer 12- 12 -12: 15 lbs. per 1,000 sq. ft. 3. Agricultural gypsum: 200 lbs. per 1,000 sq. ft. b. Tree and Shrub Backfill: 1. 6 parts by volume on -site soil 2. 4 parts by volume nitrogen stabilized organic amendment 3. 1 lb. 12 -12 -12 fertilizer per cu. yd. 4. 10 lbs. agricultural gypsum per cu. yd. 5. 2 lbs. iron sulfate per cu. yd., (keep from all hard surfaces, as iron sulfate can stain) 3. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth. of twelve (12) inches. • • SP 51 OF 63 H. Final Grades: 1. After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. a. Finish grading shall insure proper drainage of the site. b. All areas shall be graded so that the final grades will be 1" below adjacent paved areas, sidewalks, and valve boxes in turf areas, and 2" in groundcover areas. C. Surface drainage shall be away from all building foundations. d. Eliminate all erosion scars. e. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. f. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. I. Dispose of Excess Soil: 1. Dispose of unacceptable or unused excess soil off -site in a manner consistent with local codes. J. Erosion Control: 1. Install jute mesh on all slopes in excess of 2:1, and all 2:1 slopes over five (5) feet in height. Only install jute mesh material on slopes to receive groundcover material from flats or containers. Do not place jute mesh on areas to receive turf or hydroseeded materials unless otherwise directed by the City. Verify jute mesh locations with the City Inspector prior to installation. Jute mesh shall be placed during the maintenance phase when and as directed by the City where soil erosion is evident. Jute mesh shall be installed loosely, up and down the slope in a vertical manner. The installed mesh netting shall fit the soil surface contour and shall be held in place by nine (9) inch long, 11 gauge minimum steel wire staples driven vertically into the soil at approximately twenty -four (24) inch spacing. Jute mesh netting strips shall overlap along the sides at least six (6) inches. Lap all ends of rolls a minimum of twenty -four (24) inches. K. Maintenance of Final Grades: 1. It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction Phase. All erosion shall be • SP 52 OF 63 properly repaired at the Contractor's own cost to the City's satisfaction. Any slope soil run -off onto adjacent paving areas shall be cleaned regularly by the Contractor. PLANTING INSTALLATION L. General: 1. Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the City Inspector. 2. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. 3. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers.. Containers shall not be opened prior to placing the plants in the planting area. M. Weed Control: 1. After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post - emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. 2. The contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. 3. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. 4. The City shall be made aware of the scheduling impacts of the weed abatement period prior to starting landscape work. N. Lay -out of Major Plantings: 1. Locations of plants and outlines of areas to be planted shall be marked on the ground with gypsum by the Contractor before any plant pits are dug. All such locations shall be approved by the City Inspector. If an underground construction or utility line is encountered in the excavation of planting areas, notify the City ,. `• SP 53 OF 63 immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the City Inspector. O. Planting of Trees and Shrubs: 1. Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. 2. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. 3. Protect all areas from excessive compaction when trucking plants or other materials to the planting site 4. All excavated holes shall have vertical sides with roughened surfaces. 5. Center plant in pit or trench. 6. Face plants with fullest growth into prevailing wind, unless other wise directed by the City Inspector. 7. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 8. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional back-fill shall be added to the hole to cover approximately one -half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 9. Can Removal: a. Cut cans on two sides with an acceptable can cutter. b. Do not injure root ball. C. Do not cut cans with a spade or ax. d. Carefully remove plants without injury or damage to the root ball. e. After removing the plant, superficially cut edge -roots with a knife on three sides. 10. Box Removal: a. Remove bottoms of plant boxes before planting b. Remove sides of box without damage to root ball after positioning plant and partially backfilling. • • SP 54 OF 63 11. Hand backfill and hand tamp leaving a slight depression around bases of plants. a. After the water has completely drained, planting tablets shall be placed as indicated on the manufacturer's specifications. 12. Backfill the remainder of the hole. 13. Planting tablets shall be set with each plant on the top of the root ball whole the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. 14. Pruning: a. 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. 15. Staking and Guying: a. Staking of all trees shall conform to tree staking and tree guying details. b. One tree of each size shall be staked and approved by the City Inspector prior to continued staking. CLEAN -UP P. After all planting operations have been completed, remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and /or the last working day each week throughout the Construction Phase. All trash shall be removed completely from the site. Q. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the contract area, leaving the premises in a clean condition throughout the Construction Phase. SECTION 02970 LANDSCAPE MAINTENANCE PART 1 — GENERAL 1.14 SCOPE OF WORK: R. Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. S. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Planting 1.15 GENERAL MAINTENANCE: • SP 55 OF 63 Q. The length of the maintenance period shall be ninety (90) days. R. Maintenance of plant materials shall include, but not be limited to. Trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. S. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run -off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris /siltation removal program. T. The Contractor shall provide a general clean -up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. U. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. V. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. W. Contractor shall be responsible for removing all weeds in joints of curbs, and hardscape throughout the project. X. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. Y. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run -off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. Z. Avoid blocking the clear view of signs, illumination of light fixtures, and conflict with pedestrians and vehicles or their views. AA. Safety of users shall be a prime goal of maintenance especially in regard to pruning of trees and trimming of plants away from walkways and /or structures. BB. The Contractor, at his own expense, shall replace all plant material that has failed during the maintenance phase. SP 56 OF 63 1.16 QUALITY ASSURANCE: CC. Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24 -hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 1.17 MAINTENANCE PHASE: DD. The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Maintenance Phase until final acceptance of the work by the City. EE. Improper maintenance or poor condition of any plantings as determined by the City Inspector, during or at the end of the scheduled maintenance period may cause postponement of the final completion date of the contract. Project maintenance shall be continued by the Contractor until all work is acceptable to the City. FF. Projects will not be segmented into separate Maintenance Phases unless specific work phases are indicated with the contract documents. GG. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the City, that time will not be credited to the plant maintenance period, and shall be added on the end of the Maintenance Phase. HH. The Contractor's maintenance period shall be extended to the City's satisfaction should the provisions within these plans and specifications not be fulfilled to the City's satisfaction. 1.18 START OF MAINTENANCE PHASE: II. The Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete. SP 57 OF 63 JJ. The Contractor shall request an inspection to begin the Maintenance Phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the City, a field notification shall be issued to the Contractor from the City, to establish the effective beginning date of the Maintenance Phase. The City has the ultimate authority in setting the beginning date for the Maintenance Phase. 1.19 GUARANTEE AND REPLACEMENT: KK. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year. This guarantee shall. begin from the date of final acceptance at the end of the Maintenance Phase as established by the City. Any plant material found to be dead, missing or in poor condition as determined by the City Inspector, shall be replaced by the Contractor at his expense. LL. Any materials found to be dead, missing, or in poor condition, as determined by the City Inspector, during the Maintenance Phase shall be replaced immediately, not at the end of the Maintenance Phase prior to inspection. The City Inspector shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. 1.20 .FINAL PROJECT SUBMITTALS: MM. Prior to the date of the final inspection at the end of the Maintenance Phase, the Contractor shall acquire from the City Inspector mylar prints at the Contractor's expense, and record from the job record set all changes made during construction, label as "Record Drawings ", and deliver to the City . Prior to the date of final inspection at the end of the Maintenance Phase, the Contractor shall deliver to the City the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the City. PART 3 — EXECUTION 3.01 MAINTENANCE: A. Maintenance shall conform to the following standards: 1. All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. • • SP 58 OF 63 i 2. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, graffiti, pests or other damage as deemed by the City shall be repaired at the Contractor's expense. 3. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 3.02 TREE AND SHRUB CARE: B. Watering: 1. Maintain a large enough water basin around plants in groundcover .areas so that enough water can be applied to establish moisture through the major root zone. When hand - watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. C. Pruning: 1. Trees: a. Prune trees to select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached that have vertical spacing of from 18" to 48" and radial orientation. Other pruning shall be performed to correct the following: 1. so permanent scaffold branches do not overlay one another 2. to eliminate diseased or damaged growth 3. to eliminate narrow V- shaped branch forks that lack strength 4. to reduce toppling and wind damage by thinning out crowns 5. to maintain growth within space limitations 6. to maintain a natural appearance 7. to balance crown with roots b. Under no circumstances shall stripping of lower branches, (raising up), of young trees be permitted. Lower branches shall be retained in a pinched back condition with as much foliage as possible to promote caliper trunk growth, (tapered trunk). Lower branches can be cut flush with the trunk only after the tree is able to stand erect without staking or other support. No stubbing of major branches will be accepted. c. Evergreen trees shall be thinned out and shaped when necessary to prevent wind and storm damage. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees or those that constitute health or SP 59 OF 63 safety problems shall be pruned at any time of the year as required. d. All tree pruning shall be done with hand equipment operated from the ground. If trees are larger than able to be pruned in such a manner, the condition will be brought to the attention of the City. e. Remove no more than 50% of a plant's foliage during pruning operations. f. Lower branches on established street trees shall be pruned 8' up for pedestrian clearance and 12' up for vehicular clearance. g. Topping of trees will not be tolerated unless approved by the City. 2. Shrubs: a. The objectives of shrub pruning are the same as for trees. Shrubs shall not be clipped in balled or boxed forms unless such is required by the design. b. C. All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. d. e. Remove any spent blossoms or flower stalks after flowering. f. g. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. D. Staking and Guying: 1. Remove stakes and guys as soon as they are no longer needed. Stakes and guys are to be inspected to prevent girdling of trunks or branches and to prevent rubbing that causes bark abrasions. Trees found damaged shall be replaced at the Contractor's expense. E. Weed Control 1. Keep basins and areas between plants free of weeds. Use recommended legally approved pre - emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent wee seed germination. Avoid post- emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. • • SP 60 OF 63 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. F. Insect Control: 1. Maintain a reasonable control with approved materials and methods that are legally accepted in the area. G. Disease and Pest Control: 1. The Contractor shall be responsible to control all diseases and pests during the Maintenance Phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The City shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. H. Fertilization: 1. Fertilize all planting areas with the following materials. These materials and schedules are intended for bidding purposes only. Actual materials and rates shall be specified in the project soil fertility and agricultural suitability report. Any changes in cost from these specifications shall be approved in writing from the City prior to any work. a. Beginning of Maintenance Phase: Ammonium sulfate 5 lbs. /1,000 sq.ft. b. End of first 30 days: Ammonium sulfate 5 lbs. /1,000 sq.ft. C. At additional 60 day periods: Granular Fertilizer 16 -6 -8 6 lbs. /1,000 sq.ft. 2. Avoid applying fertilizer to the root ball and base of main stem; rather spread evenly under plant to the drip line. Rates will vary from about a cup of nitrate fertilizer, (depending on nitrogen percentage) around a newly planted small plant, to about one -half (1/2) lb. of actual nitrogen per inch of trunk diameter measured four feet from the ground for mature trees. 3.03 GROUNDCOVER CARE: I. Weed Control: 1. Control weeds, preferably with pre- emergent herbicides, but also with post — emergent systemic herbicides. Hoe weeds as little as possible since this may result in plant damage. Take care not to overspray post - emergent herbicides onto groundcover plants. • SP 61 OF 63 J. Watering: 1. Water enough that moisture penetrates throughout the root zone and only as frequently as necessary to maintain healthy growth. Attention shall be given to plant material type, watering requirements, solar orientation and topographical variances when setting controller station times. 2. Operate irrigation system to maintain a uniform moist condition until the root structure develops to a depth of 12 ". Thereafter reduce watering schedule to produce a deep -rooted groundcover with healthy growth. K. Remove trash in groundcover areas weekly L. Edge groundcover to keep in bounds of planting areas and trim top growth as necessary to achieve an overall even appearance. M. Replace dead and dying plants at the Contractor's expense. 3.04 ANNUAL COLOR A. Planting areas requiring annual color shall be replanted a minimum of two (2) times a year with 4" pot material at 8" on center or as directed by the City. B. Provide water for color on a routine basis to maintain uniform soil moisture and assure maximum growth. C. Fertilize color every two (2) weeks, using 'Y4 oz. per gallon of 15 -30 -15 water soluble high phosphate commercial fertilizer or equivalent program. D. Remove dead or faded blossoms, stems and foliage weekly to encourage bloom and maintain a neat appearance. E. Cultivate and weed soil weekly to ensure proper drainage and porosity. F. Apply all insecticides and fungicides as required to control and prevent pest infestation. All chemicals shall be applied by a licensed pest control operator. 3.05 IRRIGATION SYSTEM A. The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be adjusted as necessary for 100 %, head -to -head coverage. •.. • SP 62 OF 63 B. Set and program automatic controllers for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give City a key to controllers and instructions on how to turn off the system in case of emergency. C. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. 3.06 FINAL ACCEPTANCE N. The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance. O. All plant material shall have new growth trimmed neatly, turf shall be mowed, and all hardscape shall be cleaned prior to final acceptance. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. • • SP 63 OF 63 Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." FAUSERSIPBWSharWGonhactslFY 04- 051COAST HWY CHANNELIZATION G3558\Contract DocumentsWECS C- 3558.doo APPENDIX A OCSD AND APWA STANDARD DRAWINGS Y= 2.25W(Lz ) L= LENGTH OF TAPER W= MAXIMUM OFFSET DISTANCE X= DISTANCE ALONG BASE LINE Y=OFFSET FROM BASE LINE NOTES: TO DETERMINE OFFSET DISTANCE FOR ANY LENGTH OF TAPER USE THE FORMULA Y= 2.25W(X) FOR THE PORTIONS AB' AND C'D' WHICH ARE PARABOLIC CURVES. THE PORTION BIC' IS A L TANGENT. WHEN THE BASE LINE IS CURVED, THE OFFSETS ARE APPLIED TO THE CURVED BASE LINE, AND B'C' IS NO LONGER A TANGENT. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACTLY EQUAL VALUES. IF METRIC UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. IF ENGLISH UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTON SHALL BE ENGLISH VALUES. AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER PRWORKSSEDBYTNE PUBS^WORKSSTANMIR INC. MEDIAN TAPER STANDARD PLAN METRIC GREEN900KCOMNITfEE 1984 140-2 REV. im' 19% SHEET 1 OF i USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ,L74)111t7J�1CL471 •••• ��• •, �� •• .••• • , ICaL•�lll'BZill1Q�7l1 • • •� • • •• • • • ,� ,1'ld']�1� • • lfCl•Jl • � • 11[41•)1 • • • • • , „l'1.@i`71��� • • , � • 11['3•x71 � � • • .•• ••� �• -12 �lt`d't11 • �..• lCi'3Z7imZM. NOTES: TO DETERMINE OFFSET DISTANCE FOR ANY LENGTH OF TAPER USE THE FORMULA Y= 2.25W(X) FOR THE PORTIONS AB' AND C'D' WHICH ARE PARABOLIC CURVES. THE PORTION BIC' IS A L TANGENT. WHEN THE BASE LINE IS CURVED, THE OFFSETS ARE APPLIED TO THE CURVED BASE LINE, AND B'C' IS NO LONGER A TANGENT. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACTLY EQUAL VALUES. IF METRIC UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. IF ENGLISH UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTON SHALL BE ENGLISH VALUES. AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER PRWORKSSEDBYTNE PUBS^WORKSSTANMIR INC. MEDIAN TAPER STANDARD PLAN METRIC GREEN900KCOMNITfEE 1984 140-2 REV. im' 19% SHEET 1 OF i USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION CONCRETEC MAY BE CIRC OR SQUARE PLAN A.C. PER PLAN. VERIFY REQUIREMENTS OF GOVERNING AGENCY — 12" MIN, AGGREGATE BASE PER PLANS -- MORTAR JOINTS NEW OR EXISTING CONE CROSS SECTION NOTES: MANHOLE FRAME AND COVER PER S -053 OR S -054. # 4 GRADE 60 REBAR HOOPS. 2 PLACES 12" 24" CLASS "B"(3250 psi) QUICKSET CONCRETE 1. MAKE FINAL ADJUSTMENTS AT THE MORTAR JOINT BETWEEN THE FIRST AND SECOND GRADE RINGS, SET FLUSH WITH PAVEMENT TO 1/8" HIGH. 2. AT EXISTING MANHOLES, ADD OR REMOVE GRADE RINGS, REPAIR PVC OR SPRAYED LINER, AND TEST LINER FOR PINHOLES AS APPROVED BY THE ENGINEER. ADJUST HEIGHT AT MANHOLE RISER SECTIONS IN CASE THE TOTAL HEIGHT OF GRADE RINGS WOULD OTHERWISE EXCEED 24 INCHES. 3. REPLACE ALL AGGREGATE BASE REMOVED DURING ADJUSTMENT WITH CLASS W CONCRETE. 4. SEAL HOLES IN THE COVER WITH DUCT SEAL MASTIC. ORANGE COUNTY SANITATION DISTRICT ORANGE COUNTY, CALIFORNIA NO SCALE APP ROV RY MANHOLE ADJUSTMENT TO DRAWING NO. GRADE S -055 DIRECTOR OF ENGINEERING DATE ' x� L4 0 August 4, 2006 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Coast Highway Channelization - Corona del Mar (C -3558) To Whom It May Concern: On June 27, 2006, 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 '30, 2006, Reference No. 2006000440694. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 087 85 001. Enclosed is the Labor & Materials Payment Bond. Sincerely, _ _ L L / LaVonne M. Harkless, MMC City Clerk PC 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 EXECUTED .IN FOUR (4) AS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT K I IQ 1 'Z Y BOND NO. 087 85 a01 WHEREAS, the Cdy Council of the City of Newport Beach. Stets of CBlifomla, by motion adapted, has awarded to t! yn &aW a j themVAftor daaigneted as the "Principal," a contract for txusruction of CbA8T HIGHWAY CHANNELIZATION • CORONA DEL iMAR, Contract No. 355E in the City of Newport Beach, in strict conformity with the plans, drawings, speaftations and other Canbact Oocumeras in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated heroin by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 355E and the terms thereof require the furnishing of a bond, providing that N Principal or any of Pin 228 subcontractors. shag fall to pay for any materiels, provisions., or other supplies used in. upon, far. or about the performance of the work agreed to be dime, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the eztertt tweGuNtar set forth: NOW. THEREFORE, We the undersigned Principal. arid. FTDELUI AM pgP() rr. ccmT¢Axv �g �te�tvQ aNn duly autlorized to ttanseot business Under the laws of to State cf Cagfw , as Surety, (referred to heroin as 'Surety") are held tvmly bawd urrto the (qty of Newport Beach, in the sum of Eight Hundred Four Thousand Eight Hundred Thirty Fow and 0W100 Collars (5804,834AM lawful money of the United States OfAmerick said sum Wing equal 10100% of itre estimated amount payable by the City of Newport Beach under the taints of the Contract; for which permit t wag and truly to be made, we bind ourselves. our hake, executors and adminiskstors, successors, or asses, lady and severally, firmly by these pmaenl. THE CONDITION OF THIS OKlQATION IS SUCH. that t the Principal or ft'PdncWs subcontractors, fag to pay for any materials, provisions, or otter suppler. Implernertrs or machirt" used irk upon, for, or about the performance of the work contracted to be done, or for any otter work or labor thereon of any find, or for amounts due under the Unemployment Irv>rarM Code with respect to such work or tabor, or for any amounts roquked to be deducted. withheld and paid Ow at the Empksymsnt Development Department from the wages of enpbyses of the Principal and $01mm"MOIS pursuant to Section 13020 of the Unemployment Insurance Cock with respect to such w0* and labor. then the Sundt' wig pay for the sane. in an amount not exoeactng go sum specified in this Bond, and 8180, In case tug is brought to enforce the obligations of this Bond. a reasonable atwtieyt fee, to be grad by the Cowl as mgAed by the provisions of Section 3250 of the Civil Code of the Slate of Galiornia. The Bond "I burn to the beneilt or any and all persons, COMWIes, and corporations entitled to ftle daims under Section 3181 of the Cardomia Civil Code so as to give a right of sewn to them or their assigns in any suit brought upon this Bond, 99 n3gtrirW by and in accordance with the pravlsWa of Sections 3247 et. seq. of the Civil Code of the State of C®Iffbmt% And Surety, for value rooeived. hereby stipulates and agrees that no change, extension Of time, alterations or additions to the terms of the Contract or to the wth tc to be pwbrmed thereunder or the spedreations aaeompenying the same doff in any wise affect Its obtlgattons on this Bond, and R does hereby waive nofee of any such cha W, extension of tins. alterations Or additions to the terms of the Contract or to the worts or to fie specifteflons. In fire event that any principal above named exevuted this Bond as an Individual, it is agreed that the death of any such prindpat shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, ttds instrument has been duly executed by the above named PMdpal and Surety, on the 7rh day of XaT,.h 2004. rl*'iFTi >:IDELITT AND DMSIT CQM,I'AW OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA.. 91203 Address of Surety $URETT :.818- 4Q9 -28QQ AGENT: .'714- 05v-1112 Telephone OWEN X. BROWN, ATTORNEY -IN -'FACT Print Name SW Title NOTARY ACKNOWL OOMENTS OF CONMAMR AND SURETY MUST BE ATTACHO onaml sa pA 3-7 -05. ear .;jdg#^ BARBARA S. B d- - - -- y omm M. Wool . �IoJarnbme do ba 90 peomW40 v O ' C" MWWI* a�o�c 7 AsA ol+Mwbimet iOY�G6agf' Pnr► p�MdNl s��geanrw ryiN code dKNOWAdamtlPm�n► 6�eNSdanafprpfd�6tbwfow�Iro► ollell"moolmol DOOR lftorTgedDommm PATMENT.AOND NO. "087 .85 001 twomwwodw 3-7,nS Kuw6wd yip 49) SAPo a 01w7h othm, Abm0p A&1+ AMERICAN ASPMT 0 0 CALIFORNIA r �., cm, �' ✓xv.- .;c:av::• as;rs�a. �s �...<s:.> a. •;Si> n :� �.. - �- . �.. :e �>..o<, State of California County of 1\4fJ(Str% ss. On 3`151ar o—n before me, 2 t�il�kfi uloltL Data Name arM Title ot r (e.g.. °Jana Doe. Notary Publicl personally appeared Z personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Worm subscribed to the within instrument and acknowledged to me that he%heithey executed the same in hisl#eMtheir authorized capacity(wts), and that by hisRterRheir signature(s) on the instrument the person(!5), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and official seal. Place Notary Seal Above wo— t I Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document D Title or Type of Document: Vf bhY- OVA �t�r \A�s i /DC1GC Document Date: _MClQV1 -7t !2 OD z,:3 Number of Pages: Signer() Other Than Named Above: ()W-tn M QK8 W n Capacity(l9d) ClajTpd by SijLner(s) Signer's Name: CCN Individual %!54 {� Corporate Officer — Title( � : 1� &tYl —y • Partner — ❑ Limited ❑ General • Attorney in Fact Top M thumb here • Trustee • Guardian or Conservator • Other: Signerls Representi Signer's Name: ❑ Individual ❑ Corporate Officer — Ttle(s): ❑ Partner —❑ Limited ❑ Ger ❑ Attorney in Fact ❑ Trustee ❑ Guardian or ❑ Other: Signer RIGHT THUMBPRINT OF SIGNER ® 2004 National Notary Association • 9350 Do Soto Ave., P.O. Box 2402 • Cha oM, CA 81313-2402 Rem No. 5901 Reorder. Call TdbFree 1 -13D - 168621 RECORDING REQJtftIEtVRV WHEN RECORDED RETURN TO: Recorded in Official Records, Orange County Tom Daly, Clerk - Recorder IIIIIIIIHIIIIIIII�IifffIIIIIIIIIIIIIIIIIIIIIHIIIIIIIHfflllifllHIIIIINO FEE City Cleric 116 JUL 10 A9 :46 2006000440694 09:43am 06/30/06 116 96 N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport BgroF THE CITY CLERK Newport Beach, 9WPORT BEACH "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on March 8. 2005. Said Contract set forth certain improvements, as follows: Coast Highway Channelization – Corona del Mar (C -3558) Work on said Contract was completed on June 16. 2006, and was found to be acceptable on June 27. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY P4�-ZpyC **91 Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ja"K � at Newport Beach, Califomia. BY i 1 A�� City Clerk 1`t�' 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 28, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE, Notices of Completion (C -3558 & C -3517) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, taVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on March 8. 2005. Said Contract set forth certain improvements, as follows: Coast Highway Channelization — Corona del Mar (C -35Q) Work on said Contract was completed on June 16 2006, and was found to be acceptable on June 27. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY **Oj Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / Executed on J�a, �� �� l� at Newport Beach, California. i mss. /� / 0 • i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C� g /too -mob C -3558 Agenda Item No. 15. June 27, 2006 TO: HONORABLE. MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 or rgunther @city.newport- beach.ca.us SUBJECT: COAST HIGHWAY CHANNELIZATION- CORONA DEL WAR' =' COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3558 RECOMMENDATIONS: 1. Accept the work. 2. 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 one (1) year after Council acceptance. DISCUSSION: On March 8, 2005, the City Council authorized the award of the Coast Highway Channel ization- Corona del Mar contract to All American Asphalt. The contract provided decorative hardscape and landscape medians improvements along East Coast Highway between MacArthur Boulevard and Seaward Road. Bid Alternate 1 added four date palms to be planted at MacArthur Boulevard and Bid Alternate 4 added landscape uplighting at Marguerite Avenue. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $806,834 Actual amount of bid items constructed: $767,883 Total amount of change orders: $117,000 Final contract cost: $884,883 ctoighway Channelization- Corona del Mar - Completloa Acceptance of Contract No. 3558 June 27, 2006, Page 2 Three Change Orders in the amount of $117,000 were issued for the project as follows: • Change Order 1 for $92,400 provided for the addition of Bid Alternate 4 to the project for landscape uplighting; Change Order 2 for $9,860 provided new roadway signs and electrical cabinet; • Change Order 3 for $14,740 provided for the addition of Bid Alternate 1 for four date..palms at MacArthur Boulevard. The final overall construction cost including Change Orders was 9.7 percent over the original bid amount. Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funds were expended from the following accounts for the project: Account Description Transportation & Circulation Private Contributions (BID) Gas Tax Street Lighting Program Utilities - Electrical Equipment General Fund Advance (future BID contributions) Account Number 7261- C5100698 7251- C5100698 7181- C5100698 7013- C5300035 5300 -9300 7013- C5100698 Amount $489,783 $145,000 $71,100 $17,780 $1,220 $160,000 Total: $884,883 The original completion date was August 15, 2005. The completion date was extended to June 16, 2006 to accommodate the addition of Bid Alternate 4 for the design /build of the landscape lighting. All work was substantially complete by the extended date. Prepared by: R. Gunther, P.E. Construction Engineer Submitted by: :n v. tsaoum Works Director 9 1] 0 0 RELEASE OF STOP NOTICE FOR PUBLIC WORKS PROJECT 1 V TO: PUBLIC ENTITITi OCT -3 P5:07 OFFICE OF TV -- Cf)Y CL.ERt CI i Y OF 'IEWPORT BEACH FROM: STOP NOTICE CLAIMANT ICity of New Port Beach I Beach Newport Beach CA 92663 (City) (state) (zip) W.D Young & Sons 81 -910 Arus Ave. Indio, CA 92201 (760) 347 -7906 The undersigned hereby withdraws and releases the stop notice filed on 9/12/2005, with the above named public entity against Kato Landscape in the amount of $21364.67 for labor, services, equipment, or materials performed or furnished in connection with the ORIGINAL CONTRACT # for the performance or construction of the public work improvement consisting of: Coast Hwy Channelization PCH/ Marguerite New Port Beach, CA 92625. The undersigned also hereby releases City of New Port Beach and it's subdivisions and agents, from any further duty under Section 3186 of the Civil Code of the State of California to withhold money or bonds in response to the stop notice and waives any right of action against them that might accrue thereunder. Dated: September 29, 2005 Phone: (760) 347 -7906 Date 0L 3 -° W.D. Young & Sons copies sentry ❑ Mayor El Council Member Accot Receivable Man a 81 -910 Arus Ave. nee Indio, CA 92201 �• -fir O W STOP NOTICE C'�h�°) LEGAL NOTIC O WITHHOLD CONSTRUCTION RINDS (Public or Private Work) (Per California Civil Code Section 3103) t To: City of Newport Beach From: Coast Hwy Channelization 3300 Newport Beach PCH /Marguerite '05 SEP 14 P 3 :10 Newport Beach CA, 92663 Newport Beach CA, 92625 0F'f I ";L OF T RE C'TY 1;LEi26 TAKE NOTICE THAT: W.D. Young &Sons CITY O` its Wl'Of2T BEACH whose address is 81 -910 Arus Ave. Date G- Indio, CA 92201 Copies Sent To: has performed labor and furnished materials for a work of improvement described as follow: Coast Hwy Channelization ❑ Mayor PCH/Marguente (] t',ouncil Member Newport Beach, CA 92625. ❑..Manager ttornn The labor and materials fumished by Claimant are of the following general kind: Palm Trees. The labor and materials were furnished to the following party: Kato Landscape . xj !J . Total value of the whole amount of labor and materials agreed to be furnished is: 424 `__0-.00--- The value of the labor and materials furnished to date is- ------------------------------- •- •------ - - - - -• $21364.67 Claimant has been paid the sum of: ------------------------------------------------- -•----------- - - - - -- $0.00 and there is due, owing, and unpaid the sum of- ------------------------------------------------ ------ $21364.67 You are required to set aside sufficient funds to safisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law, You are also notified that claimant claims and equitable lien against any construction funds for this project which are in your hands. FIRM NAME: W.D. Young & Sons BY: the undersigned, say: I am the Account Receivable Manager. The claimant named in the foregoing Stop Notice; I have read said Stop Notice at ie mntents thereof, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the ,regoing is true and correct. Executed on 9112/2005, at Indio, California. a n (PrivateWorkcs Only) (Per California Civil Code Section 3159, 3161, or 3162) election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped s This information must bbe( provided b ou under Civil C :Mtions 3159.3161. or 3162 \'t ^\ w Signed: (C7aima r t must enclose self -addre a es stamped eavelpoe) ADDITIONAL INFORMATION (1) ona public job, fib, a stop notce with the controller, auditor, or other public disbursingo fficerwhose duty istomade ,ayments under the pdatecontractorw hcomm sonen managers,trusbe officers, board of supervisors, board of trustees. Civic Code 3179-3214. (2) On a private job, file a stop notice with respormble aff cer or person at office or branch of construNmr lender administrating funds or with owner. Civil Cale 31563175 (3) A stop rwfice is good only following the ffing of a preliminary notice 20 days after the claimand first furnishes work or materials to thejobsite. Rules on preliminary r for public and private work vary, so conauh an attorney if you are una r ain that you have complied with the notice requbements. (4) A bond for one and one querter times the amount of the stop notice claim must aaompany a stop notice served on a construction leadar on privatejobs - a bond is not required on public jobs or on a stop notice served on an owner for privatejobs. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DMc ENGINEERING, FOR THE IMPLEMENTATION OF COAST HIGHWAY CHANNELIZATION AND MEDIAN LANDSCAPING THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 8th day of March, 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and DMc ENGINEERING, a corporation whose address is 18 Technology Drive, Suite 100, Irvine, California, 92518, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On September 9, 2003, CITY and 'CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for surveying and engineering services for the construction of the Coast Highway Channelization and Median Landscaping hereinafter referred to as "Project'. This Agreement is scheduled to expire on 31" day of December, 2005. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement or prior Amendments. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the panties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 1. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Eighteen Thousand Four Hundred Dollars ($18,400.00). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: Robin Clauson, City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk .Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal C,¢rporatiop-�? 0 for the City of wp .Beach DMc ENGINEERING: By: - Derek McGregor, P.E. Principal f:lusers\pb vlsharedlagreements\fy 04-05 \Coast Highway Channelizalion amend.doc DMcE� Civil • surveying - Planning February 28, 2005 Mr. Mike Sinacori, P.E. City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 SUBJECT: MEDIAN IMPROVEMENTS — CORONA DEL MAR Dear Mike: JN 946 Addendum No. 1 Based on your direction, we have enclosed a contract addendum to provide additional Engineering Services. Upon acceptance, please sign the enclosed contract addendum where indicated. Please do not hesitate to call should you have any questions in the interim. Sincerely, DMc Engineering .k _ �nC &r -e Derek J. McGregor, P.E., P.L.S. Principal DJM:se 18 Technology Drive, Suite 100, Irvine, California 92618 ■ (949) 753 -9393 ■ FAX (949) 753 -9322 E -mail: dmceng@pacbell.net IN 946 ADDENDUM NO. 1 ENGINEERING SERVICES MEDIAN IMPROVEMENTS — CORONA DEL MAR Below are the additional work items and associated fees included in this addendum: A. ENGINEERING SERVICES FEE 1. Perform a Field Investigative Survey to accurately locate existing $1,000 striping that is critical to the median curb layout. 2. Expand the project limits to include additional median per the $1,420 September 1, 2004 meeting. 3. Per our January 14, 2005 conversation, expand plans and specification $4,900 to include SCE improvements. 4. Prepare additional alternate design concepts, to meet/address BID $1,420 request. 5. Attend three (3) additional meetings to address the above additional items. $ 960 6. Prepare two (2) sets of Civil and Landscape PS & E's to identify phased $4,000 construction to accommodate budget constraints. 7. Prepare striping and signage plan for both phases. $2,700 8. Revise the plans to include improvements associated with the $2,000 Central Plaza along with SCE improvements and traffic signal cabinet. This includes meeting attendance. TOTAL PROFESSIONAL FEE $18,400 This work item was not included in our original scope of work for the above project. Therefore, we request your approval of an additional fee of $18,400. All terms and conditions of our original agreement shall apply to this addendum. Please sign and return the original to DMc Engineering. ADDENDUM APPROVED BY: M3 TITLE: DATE: C00 .3��'g 11 BY THE CITY COUNCIL 11�/�0�1 CRY OF NEWPORT BEACH CITY OF NEWPORT BEACH N? 2005 CITY COUNCIL STAFF REPORT LLD Agenda Item No. 15 March 8, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby 949 -644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: COAST HIGHWAY CHANNELIZATION AND MEDIAN IMPROVEMENTS AWARD OF CONTRACT NO. 3558 AND APPROVAL OF AMENDMENT NO. TO PROFESSIONAL SERVICES AGREEMENT WITH DMC ENGINEERING RECOMMENDATIONS: Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act. 2. Approve the plans and specifications. 3. Increase revenue estimates in the Contributions Fund 250 by $25,000 from the Corona del Mar Business Improvement District (BID) and appropriate this amount to Account No. 7251- C5100698, adjusting their Fiscal Year 2004105 contribution total to $145,000. 4. Approve a Budget Amendment transferring $71,100 from Gas Tax Corona Del Mar Pedestrian Improvements, Account No. 7181- C5100693, to Account No. 7181 - 05100698, $117,500.00 from the Transportation and Circulation Fund Balance 260- 3605 to account 7261- C5100698, and $160,000 from the General Fund Unappropriated Surplus Fund Balance, 010 -3605, to account 7013- C5100698. Award Contract No. 3558 to All American Asphalt, Inc. for the Total Bid Price of $806,326.00, and authorize the Mayor and the City Clerk to execute the contract. Establish an amount of $63,967 (8 %) to cover the cost of unforeseen work. 7. Approve Amendment No. 1 to Professional Services Agreement with DMc Engineering for Final Design services for $18,400. Subject: Coast Highway Welization and Street Improvements - Awardantract No. 3558 March 8, 2005 Page: 2 DISCUSSION: At 10:00 A.M. on February 23, 2005, the City Clerk opened and read the following bids for this project: BIDDER Low, All American Asphalt, Inc:.. 2 Los Angeles Engineering 3 Hillcrest Contracting, Inc. 4 Excel Paving Company TOTAL BID AMOUNT $855,899.00 $880,900.25 * $950,655.90 * $1,089,267.00 * Corrected Bid Amount The contract documents specified that the selection of the low bidder would be based on the total project cost including all additives as defined by Public Contract Code Section 20103.8(b). The total low bid amount is 7.0 percent above the Engineer's Estimate of $800,000. The low bidder, All American Asphalt, possesses a California State General "A" Contractors License as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities and the City of Newport Beach. There are four additive bid items considered in the contract documents (listed on page 4). After discussions with the Corona del Mar Business Improvement District (BID) Board and due to funding restrictions, Staffs recommendation is to award the project including only additive items Al and A2. Awarding the project with these two items brings the contract amount down to $806,326.00. However, Staff will consider adding the remaining two additive bid items near the conclusion of the project, if there are available funds remaining from the construction contingency. Per the Contract Specifications, the Contractor will have 90 consecutive working days to complete the work. PROJECT HISTORY The BID has been working towards a Vision 2004 Improvement Plan since the late 1990's. Since 2004 has passed, the name has been changed to the CDM Vision and it provides for decorative hard and softscape improvements along East Coast Highway (PCH) between MacArthur Boulevard and Seaward Road. In Fiscal Year 2002/03, the City Council approved a project to install raised medians with landscaping within Coast Highway. $300,000 was budgeted for this project and it was designated as the first phase of the Vision Plan. The project was delayed at the request of the BID as efforts were underway for the relinquishment of PCH. Caltrans design standards (typically for freeway design) are more stringent than needed on Coast Highway and prohibited construction of the CDM Vision Plan. Subject: Coast Highway ChAklization and Street Improvements — Award off0tract No. 3558 March 8, 2005 Page: 3 In Fiscal Year 2003/04, an additional $180,000 was added to the CIP's remaining funds of $266,595 (a portion of the funds were used for bus shelters) bringing the available City funds to $466,595. In Fiscal Year 2004/05, the City Council authorized a design contract with DMc Engineering for a not -to- exceed fee of $49,200 and a budget a $120,000 contribution was formalized from the BID bringing the total available funds to $517,395. The design team worked with Caltrans staff on developing a concept that would meet their standards. This task proved very difficult with months of discussion at the local Caltrans offices. In the end, several design exceptions would need to be approved by the Caltrans headquarters in Sacramento if local approval was to be granted. On March 23, 2004, the City Council voted to accept the Coast Highway relinquishment terms and design efforts for the project changed to meet City standards. The BID hired Peridian International to develop a detailed design concept that the City's consultant team would factor into the design. City staff worked with the consultant team and the BID to refine the construction documents for the project. Changing design approaches and numerous iterations with the BID and their consultant resulted in an additional $18,400 in DMc design fees and $2,302 in miscellaneous costs, leaving $496,693 remaining for construction. Several design options were developed through the fall and Staff presented these at the City Council Study Session on December 14, 2004 to seek direction on how to proceed with the project funding shortfall. Three possible alternatives were presented: 1. Proceed with the project and meet the existing budget parameters authorizing staff to proceed with improving only some of the wider medians. 2. Authorize an additional $250,000 in funding necessary to install raised medians and landscaping on all striped areas including the narrow medians. 3. Authorize an additional $485,000 in funding to re- landscape existing medians to conform with the CDM BID Vision Plan to avoid future phases and future construction impacts to the community. Based upon Council discussion it appeared that most would support proceeding with the Alternative 2 noted above or roughly a $750,000 total project, including contingency. Subsequently the BID submitted a letter requesting three items from the third alternative be included with the project and offered a funding scheme for Staff consideration. In addition to the $120,000 contribution that was previously budgeted, the BID offered to contribute $25,000 from the current year BID allocation and to pledge an additional $80,000 of BID allocations from future years. The BID also recommended that the current balance from the CdM Crosswalk Improvement Project, $71,100, be transferred into the median project, and that a separate shared project between the BID and the City be proposed in the future budget to construct a flashing light crosswalk at Coast Highway and Orchid. Subject: Coast Highway Anelization and Street Improvements — Award Sontract No. 3558 March 8, 2005 Page: 4 After discussions with the BID, Mayor and City Manager, the project team proceeded with preparing the plans to meet the conditions of Alternative 2 with the following additional BID requested items: • Additive Bid Item Al: Install four (4) Date Palms at MacArthur Boulevard, • Additive Bid Item A2: Landscaping and irrigation for median south of the Coast Highway and Marguerite Avenue intersection, • Additive Bid Item A3: Additional left -turn storage for northbound Coast Highway at Marguerite Avenue intersection, and • Additive Bid. Item A4:.. Design /build up- lighting at Marguerite Avenue (both sides). After the bid opening, Staff and the BID met again to discuss the funding shortfall. The BID offered additional funds by pledging FY 2007/08 and 2008/09 allotments totaling $80,000 which brings the project funding to $872,595. In summary, the BID will be contributing $145,000 plus a pledge of $160,000 of future allocations for a total of $305,000. Proposed Funding Summary Current Transportation & Circulation funding (remaining at bidding): $395,092 Fiscal Year 04/05 CIP - BID Contribution: $120,000 Current year BID allocation: $25,000 Budget Transfer from Crosswalk CIP (Gas Tax): $71,100 Pledge BID Contribution (FY 06 through 07): $80,000 Additional Transportation & Circulation funding: $117,500 TOTAL = $808,692 Less additional design costs = - $18.400 TOTAL AVAILABLE FUNDS AT BIDDING = $790,292 Additional Pledged BID Contribution (FY08 through 09) $80,000 Total Funding = $870,292 Construction Summary Construction Contract with additives Al & A2 Construction Contingency (8 %) Total = $806,326 63.967 $870,292 Subject: Coast Highway ChAation and Street Improvements —Award of ftact No. 3558 March 8, 2005 Page: 5 Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project: Account Description Transportation & Circulation Private Contributions (BID) Gas Tax General Fund Advance Environmental Review: Account Number 7261- C5100698 7251- C5100698 7181- C5100698 7013- C5100698 Total: Amount $512,592.00 $145,000.00 $71,100.00 $160,000.00 $888,692.00 The project will be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Prepared by: r Sean Crumby, P.E. Associate Civil Engine Submitted by: Attachments: Project Location Map / Bid Summary PSA Amendment #1 — DMc Engineering Budget Amendment Badum s Director LEGEND O ALMNATE 1 — ON NAL SCOPE O ALTERNATE 2 — MONO SCOPE O ALMNATE 3 — ENM ED REQLIEVED SCOPE EE1aviE.u• F �It7:U£ YVNE AVENUE IN COAST HdVY �r EAST `� =1 Ail I DAfNA AVENUE AVENUE PRUff �Aavanax \� awuiE um sm AFtAFTER m ma ADOMWE Al 4 NARGLOMYE 'rVEW A AWW i t1 E COAST HIrV1 A a �nc yAftl P Q.ND�JP8101iEff5'1 rras awiUE a�x� NEL01ROpE !Po$ AVV" A1flxlE 1t� A ROOM FR4M PRMWT AFTER AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DMc ENGINEERING, FOR THE IMPLEMENTATION OF COAST HIGHWAY CHANNELIZATION AND MEDIAN LANDSCAPING THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 8th day of March, 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and DMc ENGINEERING, a corporation whose address is 18 Technology Drive, Suite 100, Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On September 9, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for surveying and engineering services for the construction of the Coast Highway Channelization and Median Landscaping hereinafter referred to as 'Project'. This Agreement is scheduled to expire on 3151 day of December, 2005. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement or prior Amendments. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 1. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsuitant fees, shall not exceed Eighteen Thousand Four Hundred Dollars ($18,400.00). 0 0 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: Robin Clauson, City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation in Mayor, Steven Bromberg for the City of Newport Beach a By: Derek McGregor, P.E. Principal f. \users\pbvAshered\agreements\fy 04 -05 \Coast Highway Channelization amend.doc 0 JN 946 ADDENDUM NO. 1 ENGINEERING SERVICES MEDIAN IMPROVEMENTS — CORONA DEL MAR Below are the additional work items and associated fees included in this addendum: A. ENGINEERING SERVICES FEE 1. Perform a Field Investigative Survey to accurately locate existing $1,000 striping that is critical to the median curb layout. 2. Expand the project limits to include additional median per the $1,420 September 1, 2004 meeting. 3. Per our January 14, 2005 conversation, expand plans and specification $4,900 to include SCE improvements. 4. Prepare additional alternate design concepts, to meet/address BID $1,420 request. 5. Attend three (3) additional meetings to address the above additional items. $ 960 6. Prepare two (2) sets of Civil and Landscape PS & E's to identify phased $4,000 construction to accommodate budget constraints. 7. Prepare striping and signage plan for both phases. $2,700 8. Revise the plans to include improvements associated with the $2,000 Central Plaza along with SCE improvements and traffic signal cabinet. This includes meeting attendance. TOTAL PROFESSIONAL FEE $18,400 This work item was not included in our original scope of work for the above project. Therefore, we request your approval of an additional fee of $18,400. All terms and conditions of our original agreement shall apply to this addendum. Please sign and return the original to DMc Engineering. ADDENDUM APPROVED BY: M TITLE: DATE: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Coast Highway Channelization CONTRACT NO.: C -3558 ENGINEER'S ESTIMATE: $800,000.00 PROJECT MANAGER: S. Crumby BID LOCATION: City Clerk's Office - City Hall DATE: 23 -Fei TIME: 10:00 a.m. BY: SC CHECKED: MS f %0se9lpbvA0haMM=MracA0"Ik 61D SUMMARY C-3556.xis Page 1 Engineers Estiamte All American Asphalt, Inc. Los Angeles Engineering Hillcrest Contracting, Inc. Excel Paving Company ITEM DESCRIPTION QUANTITY I UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT I AMOUNT i Mobilization 1 I LS 1 $30,000.00 $30,000.00 56,242.00 $56,242.0 70,000.00 $70,000.0 60,000.00 $60,000. 75,000.0 $75,000.0 2 Prepare SWPPP 1 LS $5,000.0 $5,000. 4,500.00 $4,500.0 4,800.0 $4,800.0 4,600. $4,600. 3,300.0 $3,300.0 3 Clearing and Grubbing 1 LS $10,000.00 $10,000. 5,800.00 $5,800.0 5,200.0 $5,200.0 12,000.00 $12,000. 64,000.0 $64,000.0 4 Traffic Control 1 LS $40,000.0 $40,000. 49,000.00 $49,000.0 60,000.0 $60,000.0 12.000.00 $12,000. 65,000.0 $65,000.0 5 Construction Surveying 1 LS $5,000.00 $5,000.00 12,000.00 $12,000.0 9,300.0 $9,300.00 5,500.00 $5,500. 8,600.0 $8,600.0 6 Sawcut& remove existing 12'thick original reinforced 4.140 SF $10.00 $41,400. 5.00 $20,700.00 4.5 $18,830.00 7. $32,282. 10.0 $41 PCC to accommodate median construction 7 Sawcut & remove existing AC pvmt and aggregate base 4,920 SF $2.50 $12,300. 7.00 $34,440.0 3.5 $17,220.00 8.0 $39,360. 3.8 $18,696. tc accommodate 2,3' planting material 8 Sawcul & remove existing AC pmt and aggregate base 11,300 SF $2.50 $28,250, 8.0 $90,400.00 4.25 $48,025.0 8.7 $109,610.00 5.0 $56,500.0 to accommodate T anlin material 9 Sawcut & remove interfering portions of ex. median curb 3,300 SF $5.00 $16,500.00 3.0 $91900.00 4.0 $131200.0 2.1 $7,128. 5.6 $18.480.00 and pavers to accommodate the new median 10 Remove existing sign. post and foundation 4 EA 1 $300.00 $1,200,0 65.00 $260.00 70.0 $280.0 70.0 $280. 66.00 $264.0 11 Sawcut and remove existing PCC sidewalk and replace 1,375 SF $7.50 $10,312.5 5.00 $6,875.00 3.510 $4,812.5 8. $11,000. 14.00 $19,250.0 in -kind to accommodate im rovaments 12 Remove existing sign, post and foundation. Salvage 1 LS $300.0 $300.0 450.00 $450.00 500.00 $500.0 490.00 $490. 470.00 $470.00 sin and reinstall per location on plans 13 Remove existing irrigation line, heads, and wiring to 1 LS $3,000.00 $3,000.0 6,000.00 $6,000. 400.00 $400.0 5,000. $51000.0 11,000.0 $11,000.00 accommodate new irrigation system 14 Remove exlsling backlim. abandon meter and service 1 LS $2,000.00 $2,000.00 400.00 $400. 450.00 $450.0 3.000.0c $3,000. 2,600.00 $2,600.0 per City of Newport Beach Utilities Department 15 Cut and plug Irrigation line at main 1 LS $11000.00 $1,000.00 800100 $8001 1,700. $1,700.0 530. $530.0 580.00 $560.00 16 Connect new Irrigation system to the existing system at 1 LS $15,000.00 $15,000.00 6,000.00 $6,000.0 1,000. $1,000.00 630. $630.0 665. $665.00 Marguerite Avenue 17 Construct 8 "PCC Curb 3,490 LF $30. $104,700.00 8.0 $27,920.0 7.5 $26,175. 7.7 $26,873.0 19. $66,310.0 18 Adjust manhole to crew, finished precis 2 EA $8501 $1,700.00 550.00 $1.100.0 475.0 $950. 500. $1,00D.0 2,W0.00 $5,600.0 19 Install No.3 1/2 F pull box and electrical components 3 EA $750.00 $2,250.00 530.0 $11590.0 225.0 $675. 210.0 $630.0 220.00 $ .. Jack & bore 4" schedule 40 PVC sleeve to 20 accommodate Irrigation control conduits per detail #3C 250 LF $32.00 $8,000.00 32.00 $8,000.00 85.0 $21,250. 63.0 $15,750.0 70.0 $17.5 on plans 21 Jack & bore 4" schedule 40 PVC sleeve to 150 LF $32.0 $4,800.0 32.0 $4,800. 85.0 $12,750.0 63. $9,450. 70. $10,500. accommodate 2" water service per detail #3A Jack & bore 4* Schedule 40 PVC sleeve to 22 accommodate electrical conduct for future lighfing per 190 LF $32.0 $6,080.00 32.0 $6,0600 85.0 $16,150.0 63.0 $11,970.0 70. $13,300. deta4 on #3B on tans 23 Construct 2" service lateral and 2" water meter 3 EA $1,000.0 $3,000.00 4,000.0 $12,000.00 3,400.0 $10,200.0 4,000.00 $12,000. 5,800. $17,400. 24 Construct e" PCC curb opening to allow drainage from i LS $1,500.0 $1,500.00 600.00 $600.0 1,200.00 $1,200.0 600.0 $600.0 2,600. $2,600. East side of street to the Westerly catch basin 25 Install 2" bsckfiow revenrion assembly 3 EA $800.00 $2,400.00 3.000.00 $9,000.0 1,000. $3,000.0 2,300.001 $6,900.0 2,400.0 $7.200. 26 Construct (1) 2' and (1) 1" schedule 40 PVC conduits for 700 LF $18.00 $12.600.00 26.00 $18,200.0 6.00 $4,200.0 12.6 $8,820.00 13.0 $9,100. Irrigation control wires 27 Construct 2112" schedule 40 PVC conduit for future 550 LF $15.00 $8.260.00 32.00 $17,600.0 45.00 $24,750.0 31.5 $17,3250 33.0 $18.150. li htin 28 Construct 2" schedule 40 PVC waterline 300 LF $15.00 $4,500.00 50.00 $15,000.0 7.35 $2,205.0 26.7 $8,6250 58.01 $17,400. 29 Install CalTrans standard signs 44 EA $600.00 $28.400.00 150.00 $6.600.00 155.00 $6,820.0 160.0 $7,040.0 150.00 $8,800. f %0se9lpbvA0haMM=MracA0"Ik 61D SUMMARY C-3556.xis Page 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Coast Highway Channelization CONTRACT NO.: C3558 ENGINEER'S ESTIMATE: $800,000.00 PROJECT MANAGER: 5. Crumby BID LOCATION: _City Clerk's Office - City Hall DATE: 23-Feb-05 TIME: 10:00 a.m. BY: SC CHECKED: MS f.Wft sbbwlsharadlcontrac1100 -011161D SUMMARY C3558.xis - Page 2 Engineer's Fstiamte All American Asphalt, Inc. Los Angeles Englneedng Hdkrest Contracting, Inc. Excel Paving Company ITEM DESCRIPTION QUANTITY I UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 30 Install CalTrans CA type K -1 marker, 6"x 12'strip of yellow retrore6ective shesting 16 EA $500.00 $8,000.00 100.00 $1,600.00 1WOO $1,760. 100.0 $1,600.00 100.00 $1,600.0 31 Install pavement markings per CalTrans Traffic Manual Markings detail 29 i LS $1,000.00 $1,000.00 2,800.00 $2,800.00 3.00D.00 $3,000. 2,900.00 $2,90D.00 2.700.00 $2,700.0 32 Install Meyers stainless steel cabinellbase and electrical components 4 EA $5,500.00 $22,000.00 4,300.00 $17,200.00 6.300.00 $25,200.00 6.DCG.CG $24,000. 6,110D.0 $24, 33 Install tlorical c m Meyers stainless steel cabinet/base and electrical components 1 EA $6,500.0 $6,500.00 8,000.00 $8,000.00 8,500.0 $8,500.0 81000. $6,000. 8,300.0 $8, 34 Install 6" RW gate valve per City of Newport Beach Utilities Department Instructions 1 EA $750.0 $750.00 5.000.09 $5,000.00 1,250.00 $1,250.001 17,000.0 $17,000. 2,200.0 $2,200.00 35 jProvide, and install top soil 1 LS $500.0 $500.00 82,000.0 $82,000.00 88,000.0 $88,000.00 501000. $50,000.00 63,300. $63,300. 36 Install Taymac covered duplex outlet with weather proof cover 2 EA $250.0 $500.00 300. $600.00 1,700.00 $3,400.00 300.0 $600.00 300. $600.0 37 Construct 2" conduit with 248 wires for traffic signal 100 LF $27,0 $2,700.00 30.01 $3,000.00 35.00 $3,500.00 26.00 $2,600.0 28. $2,800.00 38 Jack and bore 4" schedule 40 PVC spare sleeve for future use 60 LF $32.00 $1,920.0 32.0 $1,920.Ot 74.00 S4.440.00 63.00 $3,780.0 72. $4,320.00 39 Install No. 5 F pull box and electrical components 2 EA $950.00 $1,900.0 700AX $1,400.0 500.00 $1.000.00 500.00 $1,000.0 554. $1,108.00 40 Install new service line In existing traffic signal cabinet. Battery backup shall be ufil¢ed during service connection 1 LS $3,500.00 $3,500. 3,700.00 $3,700.0 3.090.00 $3,000.0 2,700. $2,700.0 2,900. $2,900. 41 Install 20 amp breaker par City ofNewport Beach 10 FA $100.00 $1,000. 120.00 $1200.0 165.Ot $1,850.0 160. $1,600.0 170. $1,700. 42 Ito Construct oubimide cabinet " schedule 40 PVC conduit to provide power t doublewi so LF $20.00 $1,000. 32. $11600.0 55.0 $2,750.0 42. $2,100.0 40. $2,000.0 43 Install PlImnix da ifera Date Palm 4 EA $4,500.00 $10,060. 3,700.00 $14,800. 3,635.0 $14,540.0 4,400.0 $17,600.0 4,600. $18,400.0 44 Install Archonto hoenix cunnin hamiana (King Palm 9 FA $3,000.00 $27,000. 4,400.00 $39,600. 3,330.0 $29,970. 4200. $37,800.0 4,400. $39,600.0 45 Install Spathodes campanolata (African Tulip Tree) 14 EA $3,500.00 $49,000. 135.00 $1,890. 110.0 $1,540. 300. $4,200.0 310. $4, 46 Install Strelitzia Inae Bird of Paradise 745 EA $20.0 $14,900. 16.00 $11,920. 16.5 $12,292.5 12.6 $9,387.0 13. $9, 47 the Install Ni AgepanMua africanus, Peter Pan (Dwarf Lily of the Nile 2,492 EA $15.0 $37,380.00 6.00 $14,952. 7.5 $18,690.0 . $15,699.6 7.0 $17,444.0 48 Install Thulba hia violacea Society Garlic) 553 EA $17.00 $9,401.00 13.00 $7,189. 12. $6,967.6 . $6,414.8 12.0 $6,636. 49 Install Hemerocall¢h brid'Black Suave' Da it 366 EA $17.00 $6,222.0 17.0 $6,222.0 16.7 $6,112.2 . $5,965.8 17.0 $6,222. 50 Install Hemerocallish dd'Pink ChiBon' 361 EA $17.0 $6,137.0 17.0 $8,137.0 18.60 $6,714.6 . $5,884.3 17.0 $8,137. 51 Install Hemerocaliis h rid'Lamon Di ' Da i 398 EA $17.00 $6,766.00 17.0 $6,766.00 16.75 $6,666.5 . N2.6( $6,487A 17.0 $6,766. 52 Install Trachelos nnum Jasminoides Star Jasmine 184 EA $17.00 $3,128.00 13.00 $2,392.00 12. $2,318.4 . $2,134A 12.0 $2,208, 53 Rosemary) merinus Offcinalls Prostratus' (Prostrate 15 EA $450.00 $6,750.0 13.00 $195.00 21.7 $325. . $174.0 12.0 $180. 54 Install 2" CL 315 irrigation main line 1,945 LF $30.00 $58,350.00 5.00 $9,725.0 3.05 $5.932. $5,057.0 3.00 $5,836.01. 55 Install irrigation heads and laterals 1 LS $2,500.00 $2,500.0 60,000.00 $60,000.0 85,000.00 $65,000. 110,000. $110,000.0 95,000. $95,000.0 56 Install 10" round plastic control and common wire pull box. 5 EA $2,000.00 $10,000.00 79.00 $395.00 75.0 $375.00 37.00 $185.0 40.00 $200.0 57 58 Install master valve Install flow sensor 3 3 EA EA $275.00 $1,000.0 $825.0 $3,000.00 525.00 625.00 $1,575.0 $1,575.0 430.00 1,075.00 $1.280. $3225.00 950.00 810.0 $2,850.0 $2,430.0 1,000.0 860.0 $3,000.0 $2,580.0 59 Install ball valve 7 EA $160.0 $1,120.0 300.00 $2.100.0 105.00 $735.0 79.00 $553.0 80.0 $560. f.Wft sbbwlsharadlcontrac1100 -011161D SUMMARY C3558.xis - Page 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Coast Highway Channeelization Engineer's Estiamte CONTRACT NO.: C-3558 ENGINEER'S ESTIMATE: $800,000.00 PROJECT MANAGER: S. Crumby BID LOCATION: City Clerk's Office - City Hall DATE: 23- Feb-0S TIME: 10:00 a.m. BY: SC CHECKED: MS hWssrarybw lshared1wntrac000-01UBID SUMMARY C- 3558ads Page 3 Engineer's Estiamte All American Asphalt, Inc. Los Angeles Engineering Hillcrest Contracting, Inc. Excel Paving Company ITEM DESCRIPTION IQUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 60 Instan quick m lin valve in box 12 EA $150.00 $11,800.0c 300.00 $3,600.00 85.00 $1,02001 137.00 $1,644.00 140.00 $1,680.00 61 Install electric remote control valve box 13 EA $350.0 $4,550.0 350.00 $4,550.00 185.00 $2,405.00 370.00 $4,810.00 $80.0 $4,940.00 62 Install 2"layer of mulch 16,220 SF $0.27 $4,379.4 0.50 $8,110.00 0.40 $6,488. 0.53 $8,596.80 04 $8,921.00 63 90 day landsosping maintenance 1 1 LS $2,000.00 $2,000.0C 4,800.00 $4,800.00 12,000.00 $12,000. 9,500.0 $9,500.0 9'goo.00 $9,900.0 BASE BID SUBTOTAL $731,920.90 $770,770.00 $737,900.25 $805,655.90 $946,267.00 10%CONTINGENCY $73,192.09 $77,077.00 $73,790.03 $80,565.59 $94,6" •'0 BASE BID TOTAL $805,112.99 $847,847.00 $811,690.28 $886,221.49 E104QL ) Al Bid additive item 1- Install four (4) Phoenix dactylifera (Date Palm) at MacArthur Boulevard 1 LS $18,000.00 $18,000.00 14,740.00 $14.740.00 12,500. $12,500.00 18,000. $18,000.00 18,000.00 $18,000.0 A2 Bid additive dean 2 - Landscaping and Irrigation for median south of the Coast Highway and Marguerite Avenue intersection 1 LS $18.000.00 $18,000.00 20,816.00 $20,816.00 22,500.00 $22,500.00 27,000.00 $27,000.00 27,000.00 $27,000.00 A3 Bid additive dent 3 - Improvements for median south of the Coast Highway and Marguerite Avenue intersection 1 LS $10,000.00 $10,000.00 13,248.00 $13,248.00 23,000.0 $23.000-00 20,000.00 $20,000.00 15,000.00 $15,000.0 A4 Bid additive Rem 4 - Design/budd uplighting at Marguerite Avenue (both sides) 1 LS $20,000.0 0 $20,000.00 36,325.00 $36,325.00 85,000.00 $85,000.00 80.000.00 $80,000.0 83,()00.00 $83.000.0 ALTERNATIVE BID SUBTOTAL $66,000.00 585,129.00 5143,000.00 $145,000.00 $143,000.00 10 %CONTINGENCY $6,800.00 $8.512.90 $14,300.00 $14,500.00 ALTERNATIVE BID TOTAL $72.600.02- ;93,641.90 $157,300.00 5759 600.4) $ SUBTOTAL BASE AND ALTERNATIVES $797,920.90 5855899.00 $880900.25 ;950,655.90 am 0 10 %CONTINGENCY $79,792.09 $85,589.90 $88,090.03 $95,065.59 0 TOTAL $877,712.99 LOW ;941,488.90 2ND 5968,990.26 3RD $1,045,727 All 0 hWssrarybw lshared1wntrac000-01UBID SUMMARY C- 3558ads Page 3 Wy of Newport Beach • NO. BA- 048 BUDGET AMENDMENT 2004 -05 AMOUNT: 5373,soo.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriation AND Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues from unappropriated fund balance PX1 Fund Account SOURCE: X X X EXPLANATION: �X Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate funds and transfer appropriations for the Coast Highway Channelization and Median improvement from the following funding sources: $160,000 from General Fund reserves, $25,000 from additional BID contributions, $71,100 from existing Gas Tax appropriations and $117,500 from Circulation and Transportation fund reserves. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund, Fund Balance $160,000.00 250 3605 Contributions Fund, Fund Balance $120,000.00 260 3605 Circulation Transportation Fund Balance $117,500.00 REVENUE ESTIMATES (3601) . Account Number Fund /Division Account Description Account 250 5901 Private Contributions $145,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contributions Fund Account Number C5100698 Coast Hwy Channelization $25,000.00 Division Number 7181 Gas Tax Fund Account Number C5100693 CdM PCH Pedestrian Improvements $71,100.00 Account Number C5100698 Coast Hwy Channelization $71,100.00 Division Number 7013 General Fund Streets Projects Account Number C5100698 Coast Hwy Channelization $160,000.00 Division Number 7261 Circulation & Transportation Account Number C5100698 Coast Hwy Channelization $117,500.00 ' Automatic System Entry . �° 3 Signed: �L% Fin ancia Approval: Administra 'va Services Director Date Signed: /. %� / Administrative App val: City Manager Da Signed: City Council Approval: City Clerk Date C -3558 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. SS2 December 14, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL BY THE CITY COUNCIL FROM: Public Works Department MY OF NEWPORT BEACI Michael J. Sinacori, P.E. 11 949 -644 -3311 ' msinaeori@city.newport-beach.ca.us SUBJECT: COAST HIGHWAY CHANNELIZATION (LANDSCAPE MEDIAN IMPROVEMENTS IN CORONA DEL MAR) — CONTRACT NO. 3558 The Corona del Mar Business Improvement District Board (BID) has been working towards a Vision 2004 Improvement Plan since the late 1990's (see attached Vision 2004 Plan). The name has been changed to the CDM Vision Plan which calls for decorative hard and softscape improvements generally along East Coast Highway (PCH) between MacArthur Boulevard and Seaward Road. The project has been reviewed with numerous business and residential groups and has gained strong support in the community. • In Fiscal Year 2002/03, the City Council approved a project to install raised medians with landscaping along PCH to improve those medians which are currently outlined by pavement striping. This $300,000 project, which is the first phase of the overall Vision Plan, was delayed at the request of the BID as efforts were underway. for the relinquishment of PCH. Caltrans permitting is more stringent than necessary and would greatly limit the City's ability to construct the requested CDM Vision improvements. For example, Caltrans would have required a two foot buffer along any travel lane where raised medians are constructed. This would make most medians in CDM unfeasible to construct. In addition, the type of plant material would have been very limited. In Fiscal Year 2003104, an additional $180,000 was added to the CIP's remaining funds of $266,595 (a portion of the funds were used for bus shelters). This brought the total City funds available to $443,600. A $120,000 contribution from the BID was formalized in Fiscal Year 2004/05, bringing the total funds available for the landscape medians to $563,600. On August 12, 2003, the BID requested that the City Council move forward with the design efforts for the median improvements on a two track approach. One track assuming that the highway would remain under Caltrans control and the other assuming the relinquishment. The City Council authorized a contract with the consultant team of DMC Engineering and Total Concept Landscape Architecture for a not -to• exceed fee of $46,200. The team worked with Caltrans staff on developing a concept that would meet their standards. This proved pointless at the local level and • design exceptions would have to be reviewed and approved in Sacramento, which would have slowed the efforts considerably. SUBJECT: Coast Highway Chann an (Landscape Median Improvements in CDM) - C ct No. 3558 December 14, 2004 Page 2 On March 23, 2004, the City Council voted to accept the relinquishment terms and the • design efforts for the medians changed to meet City standards. In addition, the BID hired Peridian International to develop a detailed design concept that the City's consultant team would use as a starting point. Since that time, City staff has been working with the City's consultant team, Peridian and the BID to refine the concept plan and develop the construction documents for the project. Changing design approaches and numerous iterations with the BID and their consultant resulted in an additional $11,000 in design costs leaving $506,400 remaining to construct the project. Unfortunately, the cost of construction over this past year has greatly increased and the project is now substantially underfunded. t was found through "potholing" efforts by General Services that the old concrete highway is essentially right under the asphalt and will need to be removed, at great expense, to have planted medians. In addition, the BID approved concept plan includes modifications to the existing medians to better coordinate the overall theme of the project. A formal PowerPoint presentation will be offered for the Council's consideration at your Study Session. Staff requests direction on how to best deal with the expanded scope of work the BID would like to see undertaken. A few options could be as follows: Direct staff to proceed within the existing budget parameters. With $506,400 in funds available, authorize staff to proceed with improving only the wider medians. Narrow medians may remain striped and. these improvements could be deferred to future years, or it could be decided not to do them at all. Authorize an additional $250,000 in funding necessary to install raised • medians and landscaping on all striped areas including the narrow medians. 3. Authorize an additional $485,000 in funding to re- landscape existing medians to conform with the CDM BID Vision Plan to avoid future phases and future construction impacts to the community. Environmental Review: The project will be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Prepared by: V Submitted Michael J. Sinacori, P.E. ��tdpJae . Badum Principal Civil Engineer P li orks Director Attachment: 2004 Vision Plan • a 11 11 E 3 E Nl �jU4 3 � a G ,p LV 0 r) t +� 5 � � +A 3 5 Sk < p t S 4� 1 Z � y x X4;1 y. E SH 2a Ir.Q 1 r tRt Q� ?f 1 4�v � LV 0 am^° cn54 _ F �r� H s - coy f`n C Z em , A W E '+LViR. 3y£ o E _ aC e x' 3 g e t E Y E = F 3 G� S 3 xit� x, 5 Et p WIN F Qh & C £ q z e ia3 x3A c t y: op ..a V E S F g� 3 a n 6 ♦ t O 4 C n n Op - C � r v C7 N G A � p ✓ c° O ? Y Q Q P — Oa O np ap v r K < o n v w C T. 7 ry � n � 9 GC m Oi 'z ra 'in O. C j O+. as S oa `O 7 n. 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S 7 t/� a P n 1 Ue. C F. S P.O J C °' 6 F= F Y .°. C° n 'i T EiE' G t 1 K w 'S C F £. 5 m °. •J fl' SP C ''S EF a' r+ F T v o P na c 5 c .. o �. o p ] y s} .2 F ° -3 G c G s n •$+ v o, Er P y 0 5 v w S v ce P. t t P a t 5r -' a u o a= -iw c v v c_ a '� E C C r 0 6 P 0 L 3' j �• P 2 P ne n i S C- F. C F n <. I^J 'J 9. C• 6 F P r t P p s a o n c o S g c 3 s s >• ] Y. 'h' c 2: z _ o 'y ^ ° L O' ?05. G . ° nw ° a d � ] c o �], � w } � o � 5 � ? � . a c � z � o. c n 5 5 _ ti s w y � e ,�' � ° c a'- ' P w •" 65 c ae u L° 6 �:L c ,: v � u> c� Y A t o P. M m 3� v: •'T.P T Et c c �� L r u � c � S.: � d' a `�. v x L _m �° F s 9 f �° a a u o ct T d 5. v u w. ] n :n � a F F `•, °�. _ D c - n '., nL a� 33 G n s • -.; 05tl n' o > ? o b c a d. 'c _ y P 3 D. q P .. t y v 9 N< S (7 L. t '7 ]. °^ c m nS e_ L O �• np J c 5aoa 2:2 t x,32 0' n r n 5 �t s s m c a� c a 6 _ ° f0 } 3 5 n ..v 'J J I -VS512 - 12f,�4 I (oaf wpol ediran Improvements) E Presented December 14, 2004 I Fill IWI • Project Scope • Project History (1-i Budgetary Shortfalls 4 DesignAlternatives 0 Funding Options 2004- A Pianfinr Cortma dill Nlor's CentOlizild 411 hllbJ ,qr 411�1.*5 -� W-51" ol. 'IV E Q-- -- .. X, Existing Painted Medians Project Scope . Uverall Vision -73 Bus Shelters and some of the strut furniture was completed in 2002° } Current Council approved phase is to construct medians to replace striped areas. Potential future phases may include decorative signals, lighting, sidewalks (paving & Landscaping), sidewalk furniture and plaza improvements, currently un- funded 2001 Estimate of Vision Plan — 12 Million 5 Project History t 221 Community Outreach — Led by the CDM BID. ■ The Vision Plan was discussed with the Planning and PB &R Commissions, the EDC and EQAC Committees, numerous HOA's, and the CDM and Newport Harbor Chamber of Commerce. Council Discussion History • April 10, 01. CDM BID presented Council with the Vision 2004 Plan. • May 131h• & 271H 03. Council held discussion regarding CDM medians. • August 12, 03. CDM BID presented Council with a Vision Plan update. • September 9, 03. Council approved a PSA with the City's Consultant. Pre - Relinquishment Design Obstacles • Ca'Itrans has tightened standards since construction of existing medians. • Council accepted relinquishment on March 23, 2004. R III IIIIIIjIIIIIIIIIII IIIIIIIIII "!IIIIIIIII'l 1111111�Ijllll IF EWE= Five Year C®nS&(C.IIqVOn plan.° F 2002 -03a 261K Medians; $71K Crosswalks; Total $332K 2007 -03; $50,000 Street Furniture; Sidewalk Resurfacing TB® Funding: Track Two 0 Community Outreach Plan developed by BID with participation from c - D Residents and r r 0 Plan, presented to over 3000 residents 49 Modifications have been made to ri A Speak Up Newport presentation local a •.g • I to residents all Association The Plan Has Been Endorsed By: ( Corona del Mar Residents V Numerous Homeowners Associations in and T ; �„ ,. .� ,•, - G 1:10- 110-im 0 'p�� Speak Up Newport Newport • Corona del Mar Chamber of Commerce • W=ss 11 Fiscal CIP CAP EXPENDITURES BALANCE COMMENTS Year BUDGET REBUDGET 2002- $300,000 $32,500(l) $ 267,500 (1) Bus Shelters 2003 2003- $180,000 $ 266,595 $49,200(2) $ 397,400 (2) Design Cost 2004 (3) CDM BID 2004- $120,000 $ 397,400 $11,000(4) $ 506,400 Contribution 2005 (3) (4) Design Cost 12 C L] The original project budget did not have the benefit of design. Construction costs have increased substantially since the Fiscal Year 2002 -2003. Other factors increasing the cost are: zo Old concrete roadway that lies directly under the existing asphalt roadway. Removal is necessary for long -term prosperity of landscaping. Inclusion of Date Palms, King Palms, and African Tulip Trees. Landscaping from curb to curb (which also increases the concrete removal). The BID feels this is critical due to the lack of planting area along PCH. Estimates have climbed from $650,000 last summer to the $990,000 presented tonight as Alternative #3. 13 Design Alternative #1: Trimmed Scope - $500,000 ■ Narrow medians would remain striped and these improvements would be deferred to future years, or it could be decided not to do them at all. Alternative #2: Original Scope - $755,000 ■ A future project may be needed to coordinate landscaping within the existing medians to match those of the newly constructed medians. • 0 Alternative #3e Expanded Scope - $9909000 ■ No future project will be needed. Every median between MacArthur Avenue and Poppy Avenue will be constructed to match the Vision Plan and CDM Bl® recommended theme. 14 Froject trimmed to meet current budget: others are reduced in size. 15 E - 16 0 C Project limits 4 ` and scope are expanded to include . ,� „ {1: i ,. - from MacArthur Boulevard r!% Poppy A f All will bf` constructed to meet the Vision Plan. Additions to the project are as follows: 4 Two "free right" medians at the MacArthur Intersection will have Date Palms planted as an entry statement. ��l The median noses approaching signalized intersections (Goldenrod and Poppy) will be landscaped. The stamped concrete and underlying old concrete roadway will be removed to provide low level plant material. Remove and replace portions of existing landscaped medians to match proposed landscaping (Heliotrope and Marguerite medians). Any underlying concrete and existing trees will be removed. 17 Alternative Reduced - ,r IRIS JAS"'NE ROD HELIOTROPE AVENUE FERNLEAF 0 W E AVENUE AVENUE DAHLIA AVENUE �� v Ay 7VUE COAST HWY .. �A ��� EASr HQIOTROPE IRIS UE DAHLIA FER�EAF G %ROD AVENUE AVENUE CAR��ON AVENUE N P�UE �{11A A � PpIN�yU£ Arne-- 19 A AUF DR�U£ Ay�6R MARGUMIT MARIG� NAAy �� GISS 5 A pOPP�£ AVENUE AVEN Si i COAST A AR�g y R MARGUER17E pgA110 AVENUE' AVENUE DAHLIA AVENUE �P��ypR 6 CONA RE VINU ON f FERNLE!1F GO�y -N' AVQVUE UE EAST COAST HEUO"IXE IRIS AVENUE AVENUE HWY DAHLIA FERNLEAFDpVROD AVENUE AVSVV Ay�lUE JASMINE AVIWUE HEU07of E Ims AVEN AVENUE �UE r �p A OR��UE 5 A� MARWER/7E MARiGOiD NA yOS�E V� AVENUE AVENUEp P �E EAST COAST 10Y `. Qt �R paN�6 A 7' � � OggaiUE MARGUERI7E MARIGW D NAp,UE A� AVENUE AVEN �J 11 Alternative iI; \ - Expanded . '•I sue: DAHLIA l�PC�LE P¢ AVENUE ap CARNATION AVENUE �4I� OFF A�UUR FERNLfAF GOLDENROD AVENUE AVENUE EAST COAST IRIS JASMINE HEL101ROPE gIRIS AVENUE AVENUE . HWY HELIOIROPE IRIS FERNLEAF GOLDENROD AVENUE gVENUE DAHLIA AVENUE AVENUE AVENUE P�NUE r Pp1N50lip, P� OR�NU6 NARCISSUS P Y E C, J E MARGUERITE MARIGOLD VENUE AVENUE NUE PpPNUE BAST COAST Fib:. Y rn P PdE Ub PAIN ggS��NF � N�UE PJE UF155�5 glA£R MARGUERITE MARIGOLD NPP�NNE AVENUE AVENUE E C, J 4 I' tTWO ma y _ a 0i r, r VT-1 -. �,` f$ �;. '• \1�.�b I - f�'V .. a3� ICY �%" \A, t : y »• �,y: �A Ol ,� yl s , �� � `~ � � 1� � a /�� a . : \ %\.� §. :w -. vIT191W : �x� 3 t i 1t i i fi v / t• R ttt��, r mss. ier.;' �Tw`�inx. 'i -• r - -S� r I am« �� -4,V � � /��.©<$ � � � %�� \ r� / :.i .: . . �� � %� »� , .f4.a s :. 2a � � ° :I �% \ate }�� \� ::e�+�� « Av p ��\ Existing Painted Medians 29 11 0 �:;" �' fit' " sY \Qty w 1l •i . wit.. �i�CO ,`'fir t ` ryG §V Aw e Arh&,.- SLR. , w/z AVf ".) r a a \o n i 4' w �* k'i�. � � w�,,: c•�-` C��l• _ , r � h, ��}aL�y � 'may l ,c •. 1 vnabp .P` q,,A XX\ k 5 ..... . . . . . . At SN 1 IN .F_ feu l \.`�� �•YI �F`, �//l \.,he ti .};, ""l�9 � t� _ �, r a� rAa� .� r �� : \� 7v :� _� .� � r ��� �� � �x « - JAW. I 3 ML I Staff requests direction on how to best deal with the expanded scope of work the CDM SID would like to see undertaken. A few options could be as follows; Direct staff to proceed within the existing budget parameters. With $506,400 in funds available, authorize staff to proceed with improving only the wider medians. marrow medians may remain striped and these improvements could be deferred to future years, or it could be decided not to do them at all. �e Authorize an additional $250,000 in funding necessary to install raised medians and landscaping on all striped areas including the narrow medians. f Authorize an additional $485,000 in funding to re- landscape existing medians to conform with the CDM BID Vision elan to avoid future phases and future construction impacts to the community. 40 Funding Options__ A few funding options could be as follows: 4) Fund the $250,000 Alternative #2 shortfall from Circulation and Transportation Funds (original project funding source) • CDIVI BID has contributed $120,000 to this project. Council could request them to contribute an additional $120,000 or more, to be paid back over in future years ($40,000 per year). The remaining funds from Circulation and Transportation Funds. • Use the remaining $71,000 in Gas Tax Funds budgeted for Pedestrian Crosswalks for the median project and combination of funds above. • Removing of existing raised medians and re- landscaping areas as planned in Alternative #3 are not eligible improvements for Circulation and Transportation Funds. 41 WP() CO Channelization IL;?@ iii lidian IrrhProvements D r S� E ® C -3 PROFESSIONAL SERVICES AGREEMENT FOR IMPLEMENTATION OF COAST HIGHWAY CHANNELIZATION AND MEDIAN LANDSCAPING THIS AGREEMENT, entered into this ?tk day of r, 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Derek J. McGregor, Inc. dba DMc Engineering, whose address is 18 Technology Drive, Suite 100, Irvine, California, 92618, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement Coast Highway Channelization and Median Land sca ping( "Proj ect"). C. City desires to engage Consultant to provide surveying and engineering services to furnish the City with Plans, Specifications, quantity and cost estimates, and Construction Administration services, as outlined in the Scope of Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of this Project is Derek J. McGregor, P.E., P.L.S. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- i a 0 desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the g`h day of September, 2003, and shall terminate on the 31st day of December, 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Forty -Seven Thousand Dollars and No Cents ($47,200). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City -2- a C 11 within thirty (30) days of receipt of invoice, subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. -3- P 1 All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for the Project's contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the. sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the M w control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement.. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents to be the agents or employees of City.. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean only that the Consultant shall follow the desires of City with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Derek J. McGregor, P.E., P.L.S. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City.. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. -5- Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as specified by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project M direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. -7- 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: A. Worker's compensation insurance, including a "Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non= contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined In single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property. damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense; any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant 91 may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. All improvementiconstruction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -Inch mylar with a minimum thickness of 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects -10- and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Michael J. -11- • Sinacori, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional -12- inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -13- 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Phone: (949) 644 -3342 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Derek J. McGregor, Inc. dba DMc Engineering 18 Technology Drive, Suite 100 Irvine, CA 92618 Phone: (949) 753 -9393 Fax: (949) 753 -9322 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and -14- the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or,federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since -15- • Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to the City in the version of AutoCAD used by the City, in °.dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCad file of City Title Sheets. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16= E IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: 72). Gr City Attorney ATTEST: I f:\ users \pbw\sharedlagreementslblank prof serv.doc -17- CITY OF NEWPORT BEACH A Municipal Corporatiola% Derek J. McGregor, Inc. dba DMC Engineering cthzl�� By: Derek J. gor Print Name: Derek J. McGregor ® ® EXHIBIT "A" Proposal to Provide Professional Civil Engineering Services e 0 F'Al 131, e Prepared for: City of Newport Beach Public Utilities Department 3300 Newport Boulevard Newport Beach, CA 92663 Prepared by: DIVIc Engineering 18 Technology Drive Suite 100 Irvine, CA 92618 ® r DMCFhone2If11g Civil • Surveying • Planning August 26, 20003 Mr. Mike Sinacori, P.E. City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 SUBJECT: MEDIAN IMPROVEMENTS - CORONA DEL MAR Dear Mike: P 1893 2 "a REVISED Per your request, we are pleased to submit this 2nd revised proposal to provide engineering services for the above subject. We appreciate the opportunity to propose on this site and the chance to work with you once again. Upon acceptance; it is our understanding that you will forward the authorization in the form of a purchase order. hl the interim, please do not hesitate to call should you have any questions. Sincerely, DMe Engineering Derek J. McGregor, P.E., P.L.S. Principal Cc: Sean Cr unby, City of Newport Beach DJM:pp 18 Technology Drive, Suite 100, Irvine, California 92618 ® (949) 753 -9393 o FAX(949)753-9322 Servicing California and Nevada C ■ IntroductionlProject Understanding ■ Project Organization and Staffing ■ Project Organization Chart ■ Scope of Services ■ Project Schedule ® Project Fee Schedule ■ Additional Provisions ■ Hourly Rate Schedule 0 U Proposal to Provide Professional Civil Engineering Services MEDIAN fMPROVE:MENTS — CORONA DEL MAR Introduction/Project Understanding The City of Newport Beach is proposing to construct median improvements for Pacific Coast Highway (PCH), from 500 feet westerly of MacArthur /PCH intersection to 500 feet easterly of Hazel Street. This is presented on a concept plan prepared by the City. The City is seeking professional engineering services for the design of these improvements, along with Construction Administration. The improvements include: • Addition of center median; and paving • Landscape and irrigation within the center median. The design work consists of the preparation of Improvement Plans along with: • Technical specifications, cost estimates, and construction contract bid documents; • Right -of -way (R/W) compilation; • Erosion Control Plan; • Traffic Control Plans; and • Caltrans Permit Processing. Construction Administration includes: • Assisting the City during the bidding process • Answering contractor questions, and providing clarifications relative to the bid plans; • Reviewing Contractor submittals; • Admiivstering project addenda; • Coordinating project construction with Caltrans • Attending project meetings • Attending a pre - construction conference • Attending the irrigation coverage test; • Providing, a punch list prior to start of Contractor's Maintenance Period; and • Providing a maintenance punch list prior to final turnover. DMc Engineering has successfully completed several projects that are similar in scope for other Cities. Our core services include field topographic and boundary surveys, utility and right -of- way research and base map preparation, street improvement construction plans and related contract documents, Caltrans coordination and pen-nit application. E E Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Total Concept Landscape Architecture (TCLA), DMc's subconsultaut for landscaping, has completed strectscapes and beautification projects ranging in scope from streetseape guidelines to design and construction documents. The firm's work is carried out with sensitivity to the site uniqueness, responsiveness to the needs of the community, development of human scale design, and attention to maintenance requirements. The firm strives to provide landscape design solutions that reflect close coordination with City staff. Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Project Organization. And Staffing DMc recognizes the importance of the caliber and experience of the Project Manager (PM) and the experience and tecludcal skills of individuals assigned to the project team to the success ofaproject. We are careful in assessing the technical and management skills required for each project and in matching these needs with the right individuals. In responding to this request for proposal for the City of Newport Beach, we have carefully assembled a project team and organizational structure that will best serve the needs of the project. Key DMc personnel assigned to this project include DMc employees who have previously worked for the City of Newport Beach on other projects. Project Manager:, Mr. Derek J. McGregor, P.E., P.L.S., will be DMc''s Project Manager and Project Engineer. He will be the prime contact and responsible for coordinating all activities with the City. Mr. McGregor will also be responsible for the Contract Administration duties. He has served as principal manager for services associated with the Cities of Newport Beach, Anaheim, Irvine, Laguna Beach, Huntington Beach, Fountain Valley, Costa Mesa, Buena Park, the County of Orange, and the University of California, Irvine. Mr. McGregor will work in unison with all members of the proposed project team, where he will provide as- needed technical assistance to the team. The areas of importance that Mr. McGregor provides expertise in is plan preparation and constructability review, as well as project and schedule management. He is a Licensed Civil Engineer and Land Surveyor in California, Nevada and New Mexico with twenty four (24) years of experience and sixteen (16) years as Principal of DMc Engineering. Quality Control: Independent review will be the responsibility of Mr. Ilzo Okereke, PhD., P.E. He will also assist with the Caltrans pennit processing. Project Engineers: As project engineers; under the Supervision of the Project Manager, Mr. Howard Colburn, and Mr. Keith Davis, E.I.T., will prepare project plans and technical specifications, cost estimates and construction contract bid documents. He will also be responsible for construction observation duties. This is the same capacity Mr. Colburn has fulfilled for numerous agencies that include the cities of Newport Beach, Anaheim, Irvine, Huntington Beach, Laguna Beach and Fountain Valley. Mr. Colburn has over twenty six (26) years of experience in these areas. Survey /Mapping: As project mappers, Mr. Gordon Edwards, P.L.S. and Ms. Kimberley A. Holtz, P.L.S. will be responsible for research and base map and topographic map preparation. This is the same capacity Mr. Edwards and Ms. Holtz have fulfilled for numerous agencies that include the cities of Newport Beach, Anaheim, Irvine, Huntington Beach, Laguna Beach and Fountain Valley. Mr. Edwards has over twenty three (23) years of experience and Ms. Holtz has nine (9) years of experience in these areas. Project Surveyor: As project surveyor, Mr. Mike Benedict, P.L.S. will be responsible for overseeing all survey crew set -ups and scheduling, as well as all aerial and field topographic LI Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR mapping preparation. Mr. Benedict has over twenty six (26) years of experience. Landscape Architect: As a landscape architect; Mr. Harry H. Kobzeff, ASLA (CA #1777) has overseen marry landscaping projects with a wide range of types, sizes, and jurisdictions, and has taught landscape architecture and horticulture at UCLA and UCI Extensions. In the public sector, he has met with concerned citizens and special interest groups to evaluate landscaping designs, as well as local government groups to establish municipal project goals and design concepts. As a Principal at TCLA, he is in charge of landscape architectural designs for projects in Southern California and Western United States. Proposal to Provide Professional Civil Engineering Set -vices MEDIAN :IMPROVEMENTS — CORONA I):EL MAR PROJECT ORGANIZATION CHART CITY OF NEWPORT BEACH Public Works Department PROJECT MANAGER I Derek J. McGregor, PE, PLS QUALITY CONTROL Uzo Okereke, PhD, PE MAPPING TEAM SURVEYING TEAM ENGINEERING TEAM Gordon D. Edwards, PLS Michael Benedict, PLS Howard Colbum; Class AB; RIC Kimberley A. Holtz, PLS Keith Davis, EIT AERIAL MAPPING LANDSCAPING TECHNICAL STAFF Analytical Topo Maps, Inc. Total Concept Landscape. DMc ENGINEERING Architecture, Inc. TECHNICAL STAFF DMc ENGINEERING Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Scope of Services A. Engineering Services Set and locate twelve (12) horizontal and vertical aerial control targets. The horizontal control will be based on the Orange County Surveyor GPS network. The vertical will be based on the Orange County Surveyor benchmark circuits. 2. Provide aerial topographic survey map of Coast Highway including 100 feet on each side of the right of way at a scale of 1" = 40'. The limits of the aerial will be from 500 feet westerly of the MacArthur /Coast Highway intersection along Coast Highway to 500 feet easterly of Hazel Street. Perform a supplemental Field Topographic Survey to locate site culture not depicted on the aerial topographic survey map. This includes compiling the above onto the topographic base map below. 4. Perform research to ascertain record utilities information for the subject area from the jurisdictional agencies. Based on this and the above information, prepare one (1) Base Map at a scale of 1" = 40'. Prepare one (1) set of Preliminary Improvement Plans, Estimate of Probable Cost and Specifications based on Concept Plans provided by the City on August 7, 2003. This includes meeting with City staff along with a pre - project meeting with Caltrans to receive project input prior to proceeding with formal plan preparation. 6. Based on City input on the above Preliminary Plans, prepare one (1) set of Final Improvement Plans, Estimate of Probable Cost and Specifications, The Improvement Plans will be provided for review by City staff when they are 50% complete. The plan set will include a title sheet, sections, details; Erosion Control, Traffic Control, Landscape and Irrigation. The plan will include metric dimensional conversions along side the English dimensions. 7. Revise the above Final Improvement Plans based on the above 50% review by the City and resubmit to the City and Caltrans when the Improvement Plans are 90 % complete. The plan set will include a title sheet, sections, details, Erosion Control, Traffic Control, Landscape and Irrigation. The plan will include metric dimensional conversions alongside the English dimensions. 8. Revise the above Final Improvement Plans to include 90% review comments and submit 100% Final Improvement Plans for approval to the City and Caltrans. 0 Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL "MAR B. Landscape Services 1. Collect and review on- and off-site applicable data, planning and design criteria. 2. The Preliminary Landscape and Irrigation Plans will contain the following: a. Planting concepts b. Irrigation concepts 2. The Final Landscape and Irrigation Plans will contain the following: a. Irrigation Plan and Details b. Planting Plan and Details C. Construction Administration 1. Assist client during the bidding process. 2. Answer contractor questions, administer addenda, clarifications, or submittal reviews relative to the bid plans. 3. Review Contractor submittals. 4. Administer project addenda. 5. Coordination with Cal trans. 6. Attend project meetings. 7. Attend pre - construction conference. 8. Attend irrigation coverage test prior to planting. 9. Provide construction punch -list prior to start of Contractor's Maintenance Period. 10. Provide maintenance punch -list prior to final turnover. • Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL NLAR Project Schedule Work Effort Anticipated Tune Line Notice to Proceed Upon Receipt Set Control Targets 1 week Aerial Topographic Map 1 week Supplemental Field Topographic Survey I week Base Map 1 week Preliminary Improvement Plans I week City Review of Preliminary Improvement Plans 2 weeks 50% Final Improvement Plans 1 week City Review 50% of Final Improvement Plans 2 weeks 90 % Final Improvement Plans 1 week Submit 90% Final Improvement Plans to Caltrans 1 week Caltrans Review 8 weeks City Review 90% Final Improvement Plans 2 weeks 100 % Final Improvement Plans l week Advertise for Bids 4 weeks Award Contract 1 week Construction Administration On going 0 0 Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Project Fee Schedule Client (City of Newport Beach) agrees to compensate Consultant (DMc Engineering) for the above services as noted below: Consultant shall perform the services outlined above in accordance with the fee schedule below plus the cost for blueprinting, reproductions, computer plotting and messenger services. Consultant shall invoice client monthly on a percentage of completion basis. Additional services not identified herein will be billed on a time and material basis in accordance with the enclosed Hourly Rate Schedule. SCOPE OF SERVICE/WORK ITEM P.M. P.E. P.S. A.E. S y 2 FEE Aerial Control Targets 4 12 $ 2,320 Aerial Topographic Ma I 38 $ 3,800 Supplemental Field Topographic Survey 4 - 16 $ 2,960 Base Map 12 24 $ 3,360 Preliminary Improvement Plans 4 24 $ 2,400 Final hn rovement Plans 8 8 140 $ 12,960 Cal Trans Processing 13 $ 1,500 Landscape & Irrigation Plans 38 30 24 $ 9,500 Construction Administration 20 10 $ 3,400 TOTAL PROFESSIONAL FEES $42,200 Estimated Reimbursables 1 $ 4,000 TOTAL FEES 1 $46,200 C Proposal to Provide Professional Civil Engineering Services .MEDIAN IMPROVEMENTS — CORONA DEL MAR Additional Provisions This proposal is based on the following conditions and/or receipt of the following items: 1. All Agency Processing Fee's will be paid by the City and are not included in DMds Estimate of Fees. Additional services that are excluded* from this proposal but could be completed for an additional fee, include: 1. Storm Water Pollution Prevention Plan (SWPPP) 2. Soils Investigation and/or Analysis 3. All inspections or selecting plant materials at nursery locations prior to shipping to site 4. Utility Relocation Plans 5. Storm Drain Plans 6. Pavement Structural Design 7. Potholing to ascertain existing conditions 4 Civil • Surveying • Planning HOURLY RATE SCHEDULE Effective January 1, 2003 thru December 31, 2003 OFFICE PERSONNEL Principal (PI?) $ 140.00 Project Manager (PM) S 120.00 Project Engineer (PE) $ 100.00 Senior Engineer (SE) $ 90.00 Associate Engineer (AE) $ 80.00 CAD Operator (CAD) $ 70.00 Specification Typist $ 50.00 FIELD PERSONNEL 3 Person Survey Crew $ 180.00 2 Person Survey Crew $ 160.00 Project Surveyor (PS) $ 100.00 Survey Calculator (SC) $ 80.00 NOTE: Blueprinting, reproductions, computer plotting, messenger services and other direct expenses will be charged at cost plus 1.0 %. No additional charges for mileage, supplies or telephone expenses will be included. 18 Teclanology Drive, Suite 100, Irvine, California 92618 m (949) 753 -9393 FAX (949) 753 -9322 Seri)icing California and Nevada P 1893 MEDIAN IDiPROVEMENTS - CORONA DLL MAR 920/2003 1 11 WLI'EKS FBk£i I 2 3 4 5 6 7 8 9 IU' lI 12 13. 14 15. Ifi 17 IN 19 2U 21 22 23 24 25 26 27 28 29 30' 31 32 13 34 35 Work Effort Notice to Proceed Set Corral Tai _ Aerial ToPOgivphlcFlap -- Supplemen lal Field Too v phic So rve E3; Yreliminary Lnpirovnnenl Plans City Re, iew Frclhnlnagjlmproveonentl'lana <.? 50 %'Riv Pl.., 5 %Fingnt Cim Review 50 % Rinvllmprnvemenll'Ivns 90% Final llllpl'OYCIIIe11I Plan Subunit 90% Find Improvementl'lans t0 C It Ct R'ie 90% 111.21 lmravement Mel v7 y ft' n 100 Mo.Il y rent Plvni 3 °• ul sF i ;rsn'r;^� Ad v i hef H 1 Award COntrovct C... bructi.. Adminsnvtian X.Y.:,7ikats >gkaigj <; 920/2003 1 11 Y Exhibit "B Civil • Surveying ^ Planning HOURLY RATE SCHEDULE Effective January 1, 2003 thru December 31, 2003 OFFICE PERSONNEL Principal (PR) S 140.00 Project Manager (P* $ 120.00 Project Engineer (PE) $ 100.00 Senior Engineer (SE) $ 90.00 Associate Engineer (AE) $ 80.00 CAD Operator (CAD) $ 70.00 Specification Typist $ 50.00 FIELD PERSONNEL 3 Person Survey Crew S 180.00 2 Person Survey Crew S 160.00 Project Surveyor (PS) $ 100.00 Survey Calculator (SC) $ 80.00 NOTE: Blueprinting, reproductions, computer plotting, messenger services and other direct expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies or telephone expenses will be included. 18 Technology Drive, Suite 100, Irvine, California 92618 e (949) 753 -9393 • FAX (949) 753 -9322 Servicing California and Nevada I-] i U Proa per ( 714) 289-7676 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONF-rRSNO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 East Mayfair Avenue THIS CERTIFICATE DOES NOT AMEND, a'TEND ORALTER THE COVERAGE .ArrORDE BY THE POLICIES BELOW. Orange, CA 92867 QMF-A'M1F_--SAFF(.)HQNG COVERAGE cam, ry H- Mt . .e` ,:pnsur�ance Company A 11 Company Int Ina,. Co. 6 �'' - - bl Insured G^- coo^ -a'3iS _ ... camParry Nations . E Ins � Co. C cap ny D Stat -, � Fund ins THIS IS TO CE4 -'FY THAT THE POLICIES OF INSURANCE USED Be-Ow HAVVal SSUED TO THE INSURED NAMED ABOVE OR INOICAT ED. NOTWITHSANDINC ANY REQUIREMENT, TERM OR CON07ION OFM R OTHE OOCUMEMT WITH REBE4- O le, THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN_ THE INSURA.NC=.1F- Y- PO LIES DESCRIBED HEREIN E?:,'6 TO AL _�.-y THE TERMS. a� CLUSONS AND CONDITIONS OF SUCH FOUCIES. LIMITS SHOWN'UAi'�'15LiLEH�E�.R OU -E69Y ?RIO AIM -_ POLICY OLIC -� COI LTR.f)^YS TYPE OF INSURANCE POLICY NUMBER EFF-6", -�� EXP l DAwT" s LIMITS A GENERAL LIABILITY Commer.:ai Ge eal Liability __1 -'+� rjCL A r 4/�Q 1/03 {Gepeza`f'ereyat -_ Eemc�ete A y on �000 l Person'( A _ilsig Inlury I' C rtu• .Made �CCaur ad I Owner's & Con;ma;ar's Pro[ecdve Per 'D=j A.gg �. - '- �,yEs'T' � -+,.� _ Each Ocvarieric'�` Fre Oamage(W71 fire) b I _ ,� f`* Metliol Exvense (am ane oersdN 19 AUTOMOBILE LIABILITY (Combined Srgle Umir Any Au[o BA 0 ©,k t it 0'1/03 Bodily Icjury All Owned Autos Scheduled Auto Hl,W Auras "a' —Ref �.. Peranl $ g - BaddY Injury Non -0wned Autos g acIXden[L (Foam /Co11_ nod_ $ 1, O00 _ .• °u .. Sro- Damage GARAGE LIABILITY - u -' AUto Only Eavv ACCdeni I I' S Y ,fw Other Tan Autc Only. � .ik:' Each Aacde [ HHu[v Ac rev to I4 Fwt C IXCESS LIABILITY Umbrella Farm �, - + BE (' - -'a >: Q ` 4 ,' - Oc4/ 01/ 0 3 Each Occumenra were a[e 5 Other Then Umbrella Farm D WORKERS' COMPENSATION ffi EMPLOYERS' LIABILITY WE P .W7/03 0°/} 7 / flr2" .. S[a[umry Limit Other a Eac: Acdderrt - " EL DLsease-Pofic/ Limit The hevnetar/ Partners /Exer�tive Ivd "°""'"S 4. Dlse.s Enntavee Officers are. Fxd _ '�" fEL OTHER ze- .,,, , `E / Equipment 04/0 Q2 84/01/03 ch Limit $$ 750,000 eased /Hired /Ren unit 1Ob, 000 �- DESCRIPTION OF OPERATIONS /LOCATION5Z,VEtiIfB- SPECIgmyg `: - -erti £ icate Holder(s) ar aai� s.ona= Insureds) as per attached endorsement and with respe wa" performed at the Bayside Drive :sarine Ave. PRA oration Royee ontract No. 3418. '4aiver o£ Job # 103 GFRGikiE3LDEl� r " 1 y Y 24 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E4� MAIL I0' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE=T. City Of Newport Bea Public Work`s Depae•'. 3300 Newport Bcul— - Newport teaCh. CA 2{ ": arza epresenxavve POLICYNUMBER: MGL( COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED —OWNERS, LE -' Mffij OR CONTRACTORS (FORM 134z,�_ This Endorsement Modifies Insurance COMMERCIAL GENERAL LIABILITY C NAME OF PERSON OR ORGANIZATION: City of Newport Beacr Public Works Depa- It's Officers, 0 f9cia PROJECT: If no entry appears above, the Declarations as applicable try_" WHO IS AN INSURED (Se shown in the Schedule, but for you. IT IS FURTHER AGF benefit of the additior claims, loss or liabilitIi materialmen or suppl and non - contributing. CG 20 10' will be shown in "ured the person or organization of your work" for that insured by or ance a T o ded by this policy or by these policies for the above I11 i'?imary insurance, but only as respects any rattof th'_ amed insured(s), his sub - contractors or 210Nard y RO the additional insured(s) shall be excess INSURANCE SERVICES OFFICE, INC. 1984 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA, (The information below is required only when this endo the policy.) Endorsement Effective Policy No. Insured Premium Insurance Company AMERICAN MOTORISTS Person or Organization Anyone for whom the Named Insured has aareed to furnish this Waiver We have the right to enforce our right age extent that you perfor You must maintain payroll recd -M the work described in the Schedule. The addii otherwise Subject to mi THIS ENDORSEM DATE ISSUED UN WC 04 03 06 (Ed. 04 84) bsequentto preparation o COMPANY (AMIGO) i injury covered by this policy. We will nt iedule. (This agreement applies only to th LO Obtain this agreement from us.) of your employees while engaged i of the California workers compensation premiur E POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON TH STATED. Printed in U.S., 7 ' ' ' I P.Q. E 20807, SAN FRANCISCO. (�A 9414240807 STATr;_- QX 4 CO M P ENSATJ?l qN S U N FU:N,b CERTIFICATE OF WORKERS' COMPENSATIGN. INSURANCE a OCTOBER 2*5, 2001 r0LICY NUMBER: CERTIFICATE EXPIRES: CITY 47 NEWPORT BEA-C-u z *41EORORT EM a NEWPORT 'BEAICh,,"CA q?-558 e This is to certify that we have issued a valid Workers' Compensation insurance policy in a. form approved by the California Insurance Commissioner to the employer named befow for the policy period indicated. This policy is not subject to cance]Wion by the Fund except upon ten days' advance written notice to the employer. We will also give you TEn-daysadva nce notice should this policy be cancelled PrIor to its - normal expirG lidn �lt& the cove0ge affbrded by the This cefdfic�ate ofinsuri�ncb is.not an i.nsuraqce policy and does not amend extend!or, a 1. 1 )nditi6'of any contract or 6thef dobuinent with policies lsted fterei-n- Notvhthstalhdi any �requiremient. term, or cc I- z b th r —1- — ad �a pc rzincate of iffs�.rranqa may be-Issil or may pertain- ::thee afforded yt respec, • tOAdlh Ais ce described herdin-� subject to all the t6rms,;exofusi6ns�and ccn6qions of such policies. PqrSIOENT A.UTIi<n-RIZEE)FEPRES,�N,—ATIVZ EMPL'iJO LI TY AIM T-1141CLI-!D 1 NO DEFE+IS.E tLOS I-S S. 'OCEU .ENDON-SEMEMT V2570 EI''MTJI-Lb WAIVER @F suBkOeA�TqOV EFFECTIVE 1oiz"S/61 IS ATTACHED TO ANA FORPI�S O�OT bF THIS POLICY. THJk PARTY NAME: CITY OF 'N L-11T.OR BE913H q EMPLOYER M CERTIFICAT F LIABILITY INSURA E DATE i? 0 3' PRODUCER. (949)263 -0606 FAX (9437263-0906 Complete Insurance, Inc. California DOI #0437762 1500 Quail St., Suite 410 Newport Beach, CA 92660 THIS CERTIFICATE IS ISSUED 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 DMC Engineering 18 Technology Drive, Suite 100 Irvine, CA 92618 INSURERA: American Manufacturers Mutual 'POLICY EFFECTIVE INSURERS: American Motorists Ins. Co. LIMITS INSURERC: (c /o Kemper KSA) INSURER D: 7RE80218901 INSURER E: 02/01/2004 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 ADD1 TYPE OF INSURANCE POLICY NUMBER 'POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 7RE80218901 02/01/2003 02/01/2004 EACH OCCURRENCE $. 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 500,000 CLAIMS MADE I OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S 2,000,000 POLICY PRO- LOC EGT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea acGdent) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) S HIRED AUTOS NON- OWNED AUTOS PROPERTY DAMAGE (Peraccident) S GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: ASS EXCESSNMBRELLA. LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ b $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND 7CW30520205 02/01/2003 02/01/2004 X I WC STATU- OTH- B .EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 OTHER 10 day notice applies to non - payment and /or non- reporting DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is additional insured as respects general liability but only if required by ritten contract with the named insured prior to an occurence and as per coverage form BP7434. Waiver f Subrogation endt. WC040306 included respects work comp only. Coverage subject to all policy terms and conditions.`` The insurer's policy payment obligations are backed by a cut - through to National ndemnity Company, an A ++ rated Berkshire Hathaway subsidiary by endt. form IL8038. RE: 946 City of Newport Beach Attn: Shauna Oyler, Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ACORD 25 (2001108) © ACORD CORPORATION 1988 ARCHITECTS AND E10NEERS PROGRAM ENDORSOENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: DMC Engineering American Manufacturers POLICY NUMBER: 7RE80218801 Mutual Insurance Co. POLICY PERIOD: 02/01/03 to 02/01/04 ADDITIONAL INSURED: City of Newport Beach This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY C. Waiver of Subrogation: A. Additional Insured: The following is added to the Businessowners Liability: Coverage Form, BP 71 08; Item 5. Of Section C. — WHO IS AN INSURED, is deleted and replaced by the following: 5. Additional Insureds — By Contract, Agreement Or Permit Any person or organization to whom or to which you are obligated by virture of a written contract, agreement or permit to provide such insurance as affored by this policy is an insured, but only with respect to liability arising out of. a. "Your work" for that insured by you; b. Permits issued by state or political subdivisions for operations performed by yon; or c. Premises you own, rent, occupy or use. This provision . does not apply unless the written contract or agreement has been executed, or the permit has been issued, . prior to the "bodily injury,' "property damage," "personal injury" or "advertising injury." B. Primary Coverage: With respect to claims arising . out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insureds. Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition. of the Businessowners Common Policy Conditions; BP 71 10, . is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: a. If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. After a loss you may waive your rights against another party in writing, only if. at the time of the loss, that party is one of the following: A business firm: 1,) Owned or controlled by you; or 2) That owns or controls you. Z,4 C/Inn� Countersigned by Authorized Representative BP 7434 (Ed. 07 99) Abbreviated Printed in U.S. A. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02/01/03 Policy No. 7CW30520205 Endorsement No. 1' Insured DMC Engineering Premium Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY (AMICO) Countersigned by a SCHEDULE Person or Organization Job Description Anyone for whom the Named Insured has agreed to furnish this Waiver We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due on such remuneration. Subject to minimum premium of $100.00 THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. 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 (2001/08) RD CERTIFICAT F LIABILITY INSURA E ,PRODUCER. o9 %i%zoo ) (949) 263 -0606 FAX (94157263-0906 THIS CERTIFICATE IS SUED AS A MATTER OF INFORMATION Complete Insurance, Inc. California. DOI #0437762 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19000 MacArthur Blvd., PH Flr POLICY EFFECTIVE DATE POLICY EXPIRATION DATE IMMI I Irvine., CA 92612-1447 INSURERS AFFORDING COVERAGE NAIC:# INSURED Derek I. McGregor, Inc. BJSURERA: Zurich American Insurance Compan DBA: DMC Engineering INSURER B: S > -: .�.. S 18 Technology Drive, Suite 100 9119 INSURER C: '_ 4� Irvine, CA 92618 INSURER D: $ MED EXP (Any one person) INSURER E: PERSONAL & ADV INJURY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICPUi% gODJI{,SIDICA$EE "I(1N) tANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THISd,{ EWTfrfijSiQ (EE}Jv]'M.l`'&,EEP,}J, OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E&LbSI S AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE IMMI I LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR DAMAGE: TO. RENTED t $ MED EXP (Any one person) S PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO 5 POLICY D JRO- ECT r7 LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea =Henl) 5 ALL. OWNED ALTOS. SCHEDULED AUTOS HIREOAUTOS NON -OWNED AUTOS �IBJ 16 C/ 7 DAT / DI(J..f\ I[ MANAGER Yl GER BODILY INJURY (Per person) $ DD INJURV $ PROP TY UAhtAGE (Per citlent) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR FI CLAIMSMADE AGGREGATE $ 5 S DEDUCTIBLE S RETENTION 5 WORKERS COMPENSATION AND N!C STATV- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT S E.L.DISEASE- EAEMPLOYE S OFFICERMEMBER EXCLUDED? li yes; describe under SPECIAL PROVISIONS below E.L. DISEASE - POLCY LIMIT S A A ro essional Liability EOC652270512 07/01/2003 07/01/2004 $1,000,000 Per Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS i LOCATIONS .I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT l SPECIAL PROVISIONS O day notice applies to non - payment E: 846 City of Newport Beach Attn: Shauna Oyler, Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED. TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ITS ACORD 25 (2001/08) © ACORD CORPORATION 1988 ® CERTIFICATE OF INSURANCE 0 STAr F I SURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER. WILL NOT BE CANCELED OR OTHERWISE I TED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO T HALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE. OF INSURANCE INSM tt T CHANGE THE COVERAGE. PROVIDED BY ANY POLICY DESCRIBED BELOW. es that: X STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of 131mmington, Illinois, or _ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: Named Insured DEREK J. MCGREGOR, P.E.P.L.S. DMc. ENGINEERING Address of Named Insured 18 TECHNOLOGY DRIVE SUITE 1000 IRVINE CA. 92618. r���-- 004 4895A16 -75 AGENT 75 -1314 10/113/03 Rsentat ve Ignatum of Au hodzetl opre Title Agent's Code Number Date POLICY NUMBER Name and Address of Agent F F EFFECTIVE DATE LORI GREEK- GARABEDIAN 3300 NEWPORT BLVD 29851 AVENTURA STE B OF POLICY 07/16/03 TO 01/16/04 RANCHO SANTA MARGARITA CA 92688 ATTN:.SHAUNA OLYER, PUBLIC WORKS DEPT. 1999 FORD PICK UP DESCRIPTION OF VEHICLE LIABILITY COVERAGE X YES NO _ YES NO _ YES NO _ YES NO LIMITS OF LIABILITY 1'000'000 a. Bodily Injury Each Person Each Accident 1,000,000 b. Property Damage 1,000,000 - ARmg„ a Bodily Injury 8 Propmr, Damagesmilleue it Each Accident 1,000,000 PHYSICAL DAMAGE X YES NO YES NO YES NO YES NO COVERAGES a. Com n:hensWe 250 Oedudfible I g DetlucNble 1 1 Deductible X YES _ NO YES NO YES NO YES NO b. Collision $ 500 Deducible $ Deductible $ Deductible $ Deductible Fr+tROYERS NON - OWNERSHIP — YES —: NO YES NO YES NO _YES NO COVERAGE HIREOCARCOVERAGE YES NO YES NO YES NO YES NO r���-- AGENT 75 -1314 10/113/03 Rsentat ve Ignatum of Au hodzetl opre Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent F F CITY OF NEWPORT BEACH LORI GREEK- GARABEDIAN 3300 NEWPORT BLVD 29851 AVENTURA STE B NEWPORT BEACH CA 92659-8915 RANCHO SANTA MARGARITA CA 92688 ATTN:.SHAUNA OLYER, PUBLIC WORKS DEPT. Check if a permanent Certificate of Insurance for liability Coverage is needed: �. Check if the CertNlcate Holder should be added as an Additional Insured: Remarks: 1 S8<4302 Rev. 9 -94 Printed in U.S.A. 0 Q 10 -10 -2003 11 :03AM (4"'K Insurance Compen!as February 7, 2003 FROM DMC DEREK J. MCGREGOR, INC., DBA DMC ENGINEERING 18 TECHNOLOGY DR STE,100 IRVINE CA 92618 -2309 ENGR IRVINE 949 7539322 P.2 ® 051 -02423 DW ENOTt°7EERUNG FEB 1 1 2003 E C E 0 d E Dear DEREK J. _MCGREGOR, INC., DBA DMC ENGINEERING: Thank you for placing your commercial insurance business with us. As part of the service we provide to you and your professional insurance agent, we want to bring you up to date on some recent events in which we have been involved. Kemper was downgraded recently by certain ratings agencies because of our strained capital position and the lack of flexibility we have in raising capital due to the fact that we are a mutual insurance company. Therefore, WO are actively working on capital solutions that will enable us to regain the rating we previously enjoyed Also, please be aware of the fact that our current operating results are positive. Over the past several years we have 'worked with our agents to place good business on our books. The going forward Kemper entity is poised and prepared to continue to deliver strong results. To address the near term impacts of Kempers A.M. Best (13 +) rating Kemper has reached an agreement with National Indemnity Company (a Berkshire Hathaway subsidiary). This agreement allows Kemper to access the `A + +' rating of National Indemnity via a mechanism called a cut - through. A cut - through agreement is a contractual obligation under which a company (National Indemnity in this case).provides its backing on policies written by another company (Kemper in this instance). The cut - through is triggered when a court or regulator issues an order prohibiting the primary insurer from honoring its policy payment obligations. , We would like to note that Kemper`s arrangement with National Indemnity is unique in terms of cut- throughs in that it allows policyholders to go directly to National Indemnity to meet any policy payment obligations Kemper has should that activity or action be necessary. If you would like additional information in regard to the cut - through agreement, your insurance agent or we would be more than willing to provide that information. To evidence the out- through on your specific policies you have with us, we are enclosing the actual notices that you should file with your insurance policies. In fact, if you so desire, you can attach them to the policies themselves. As well, your agent and we will maintain copies of the notices in our files should you not be able to locate them in the future. Again, if you have specific questions related to the out- through itself, please contact your insurance agent or us. We hope and trust that the above helps answer any questions you might have about Kemper and /or the National Indemnity agreement. This financial arrangement with National Indemnity provides you with exceptional financial security.. Please accept our sincerest thanks for maintaining your relationship and business with us. We will keep you informed of any additional updates. If you have any questions, please call us on out toll free number (800 -833- 0355) Sincerely David B. Duclos E1 -0123 10 -10 -2003 11:04AM FROM DMC �� Insurenca.C�nies ENGR IRVINE 949 7539322 IMPORTANT NOTICE CONCERNING YOUR RIGHTS UNDER A CUT - THROUGH AGREEMENT NATIONAL- INDEMNITY COMPANY Insurance Policy (the "Policy ") to which this notice applies; 7CW.305202 -05 Insurer (the "Company "): AMERICAN MOTORISTS INSURANCE CO. Policy Inception Date: 02/01/2003 Policy No.: 7CW305202 -05 Named Insured (the "Insured "): DEREK J. MCGREGOR, INC., DBA DMC ENGINEERING The Notice Inception Date is 02/01/2003 P. 3 For value received, National Indemnity Company (hereinafter referred to as "National Indemnity ") agrees that in the event the Company does not pay amounts otherwise payable under the Policy as a result of a court of competent 'jurisdiction or the state insurance regulatory authority in the Company's domiciliary state ( "insurance regulatory authority") issuing an order finding such Company to be insolvent or entering an order to the Company which legally ' prohibits the Company from paying Policy amounts otherwise payable because of the Company's financial condition, then National Indemnity will pay on behalf of the Company 100% of any amount payable by the Company under the Policy that has not been previously paid by the Company, subject always to the other terms, conditions, exclusions and limitations of the Policy. National Indemnity will make such payment directly to the Insured (or to its mortgagees, assignees or loss payees, as their interests may appear) in the event of first -party coverages; or directly to the claimant or claimants to whom the Insured is legally liable in the event of third -party coverages. As a condition of National Indemnity's payment obligation, the Insured, after receiving actual notice of the receivership or insolvency of the Company, shall provide prompt written notice to National Indemnity, attention: Kemper Cut - Through, at its statutory Home Office as, on record with the National Association of Insurance Commissioners, of any claim or suit for which National Indemnity may be liable by reason of this agreement herein. As a condition precedent to payment hereunder, National Indemnity shall be deemed to have all the rights of the Company and be subrogated to all the rights of the Insured to the extent of such payment. In the case of third -party liability coverages, payment shall be due hereunder only after any one of the following three conditions is met: (1) the claimant obtains a judgment against the Insured or the Company after actual trial by a, court of competent jurisdiction; or (2) the claimant enters into a setdement with the Insured or the Company approved by National Indemnity; or (3) the claimant enters into a settlement with the Insured or the Company approved by the Company prior to it being declared insolvent or prohibited from paying amounts due under the Policy. None of these conditions shall apply to first -party coverages, including but not limited to any state workers' compensation or similar federal compensation coverages that may be provided by the Policy. IL 80 38 -(Ed. 12 02) Page 1 of 2 Printed in U.S.A. 10 -10 -2003 11 :04AM FROM DMC ENGR IRVINE 9d9 7539322 P.4 Upon the Company being declared insolvent or being legally prohibited from paying Policy amounts otherwise payable because of the Company's financial condition by a court of competent jurisdiction or insurance regulatory authority or Upon any insurance regulator assuming any control over the Company's claims handling process, National Indemnity has the right, but not the dutyt to assume any obligation the Company may have to provide a defense to the Insured, if such an obligation is created by the Policy; if National Indemnity does not assume such ,obligation, it will reimburse the Insured for the reasonable cost of such defense to the extent that the Company would have been obliged to pay such cost under its obligation to defend. National Indemnity and the Insured will cooperate in the selection of defense counsel at the commencement of litigation. Nothing herein shall make National Indemnity the insurer under the Policy. National Indemnity's obligation hereunder is limited to the Company's obligations under the Policy and shall not include any payment arising under claims of bad faith, extra contractual. obligations or payments in excess of policy limits. In the event the Notice Inception Date is later than the Policy Inception Date, then this Notice does not apply to any damages, offense or loss of any nature for which coverage is otherwise provided under the Policy if such damages, offense or loss "commences" in whole or in part prior to the Notice Inception Date, even if such damages, offense or loss continues, is alleged to continue, or is deemed to continue on or after the Notice Inception Date. For the purposes of this Notice only, "commences" shall mean: (i) first occurs, is alleged to first occur or is deemed to first occur; or (ii) incepts, is alleged to incept or is deemed to incept: or (iii) first manifests; is alleged to have first manifested, or is deemed to have first manifested. 'Gommence" is the earliest point in time of (1), (ii) or (iii). National Indemnity has no liability to make payments or reimburse any person for payments if the payments were incurred in connection with or were in any way related to such excluded damages, offense or loss. NATIONAL INDEMNITY COMPANY President AMERICAN MOTORISTS INSURANCE CO. Chairman and Chief Executive Officer IL 80 38 (Ed. 12 02) Page 2 of 2 Printed in U.S.A. QCT -10 -2003 FRI 10,01 AN FAX N0, VIM * Fax #: "Nq- oz1Ws ( 321a r CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. P. 01/01 Date Received: rrC) 3 Dept. /Contact Received From: dY 1&dJ nA_ l Date Completed: jD "/d `D 3 Sent to: M "A-pi a,. By: _ Q Company /Person required to have certificate: i0m c- -eez, r1� 1. ffl GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII c C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? {Yes ❑ No D. LIMITS (Must be $1 M or greater); What is limit provided? a. i E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its &U r tit tj Yes _officers, officials, em loyees and volunteers): Is it included? ca" &r J ❑ No G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? ,Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by rNo negligence" wording? ❑ Yes 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: 54zEQ, t a ✓m ✓"tt t c 0 Au--b ?!is . Co B. AM BEST RATING (A: VII or greater): E}- -t--r X V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? I YYl i I, E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes NrNo F. PRIMARY& NON - CONTRIBUTORY WORDING (For Waste Haulers only): () /� Is it included? [ ❑ 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. M. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C.' LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ,fYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes VNo C33) C - 35.5 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 September 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE FROM: Public Works Department Sean Crumby, P.E. Qq 0 _- 1003 949 -644 -3311 scrumby @city.newport- beach.ca.us AP� V�nCD SUBJECT: COAST HIGHWAY CHANNELIZATION AND LANDSCAPE MEDIAN IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMC RECOMMENDATION: Approve a Professional Services Agreement with DMC Engineering, of Irvine, California, for professional engineering services at a contract price of $46,200 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: As part of the Corona Del Mar Vision Plan the medians through Corona Del Mar between MacArthur Boulevard and Poppy Drive will be improved. The proposed improvements include removing existing striped AC medians, placing a new raised median, enhanced landscaping, irrigation, lighting and required electrical services. This project is moving forward ahead of any decision for the relinquishment of Coast Highway at the request of the CDM Business Improvement District. The construction documents will be prepared in accordance with Caltrans standards and follow the conditions of the required encroachment permit in the State right -of -way. The proposed improvements are budgeted as a FY 2003/04 Capital Improvements Project. DMC Engineering was invited to submit proposals to provide professional engineering services. DMC Engineering has completed similar projects of this magnitude in Caltrans right -of -way and are very familiar with their requirements. Staff negotiated with DMC to provide the necessary scope of services for design, permitting and construction support for this project for a not -to- exceed fee of $46,200. SUBJECT: Coast Highway Ch zation and. Landscape Median Improvements �pproval of Professional Services Agreement with DMC September 9, 2003 Page 2 The scope of DMC Engineering's professional services will include: • Set and locate twelve (12) horizontal and vertical aerial control targets. • Provide aerial topographic survey. • Perform a supplemental field Topographic Survey • Provide a Topographic Base Map. • Preparation of Median Improvement Plan Sheets (includes hardscape, planting and irrigation). • Preparation of Traffic Control Plans for proposed improvements. • Preparation of project specifications. • Preparation of construction quantity and cost estimates. • Assistance during bidding and construction. Funding Availability Funds for this project are available in Account No. 7261- C5100698. Environmental Review: Engineering design services are not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, an environmental review and the appropriate documentation will be prepared after the scope of construction work has been finalized. e are y: Submitted b can Crumby, P.E. LJSteph 'G. Badum Principal Civil Engineer Publr6 Works Director Attachment: 'Professional Services Agreement ® 0 PROFESSIONAL SERVICES AGREEMENT FOR IMPLEMENTATION OF COAST HIGHWAY CHANNELIZATION AND MEDIAN LANDSCAPING' THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and DMc Engineering, whose address is 18 Technology Drive, Suite 100, , Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement Coast Highway Channelization and Median Landscaping ('Project'). C. City desires to engage Consultant to provide surveying and engineering services to furnish the City with Plans, Specifications, quantity and cost estimates, and Construction Observation as outlined in the Scope of Services attached hereto as Exhibit °A" and upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of this Project is Derek J. McGregor, P.E. P.L.S. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 9thday of September, 2003, and shall terminate on the 31st day of December, 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Forty -Seven Thousand Dollars and No Cents ($47;000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City -2- within thirty (30) days of receipt of invoice, subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit °B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. -3- All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for the Project's contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the Im 9 control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the 'work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean only that the Consultant shall follow the desires of City with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Derek J. McGregor, P.E., P.L.S. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. -5- E Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as specified by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City.. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies.. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. -7- 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: A. Worker's compensation insurance, including a "Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined M single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant In may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. All improvement/construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch mylar with a minimum thickness of 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects -10- E 0 and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Michael J. -11- Sinacori, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional -12- 0 11 inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -13- 0 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Phone: (949) 644 -3342 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Derek, McGregor, P.E., P.L.S. DMc Engineering 18 Technology Drive, Suite 100 Irvine, CA 92618 Phone: (949) 753 -9393 Fax: (949) 753 -9322 26. TERMINATION In the event either parry hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and -14- ® 0 the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since -15- 0 0 Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to the City in the version of AutoCAD used by the City, in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCad file of City Title Sheets. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- U 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation City Attorney ATTEST: City Clerk f.% users \pbMshared\agreements%blank prof serv.doc -17- By: DMC By: Print Name: 0 Proposal to Provide Professional Civil Engineering Services EXHIBIT "A" Prepared for: City of Newport Beach Public Utilities Department 3300 Newport Boulevard Newport Beach, CA 92663 Prepared by: DMc Engineering 18 Technology Drive Suite 100 Irvine, CA 92618 DMeEnginee g Civil • Surveying • Planning August 26, 2003 Mr. Mike Sinacori, P.E. City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 SUBJECT: MEDIAN IMPROVEMENTS — CORONA DEL MAR Dear Mike: P 1893 2nd REVISED Per your request, we are pleased to submit this 2 "d revised proposal to provide engineering services for the above subject. We appreciate the opportunity to propose on this site and the chance to work with you once again. Upon acceptance, it is our understanding that you will forward the authorization in the form of a purchase order. In the interim, please do not hesitate to call should you have any questions. Sincerely, DMc Engineering Derek J. McGregor, P.E., P.L.S. Principal Cc: Sean Crumby, City of Newport Beach DJM:pp 18 Technology Drive, Suite 100, Irvine, California 92618 ■ (949) 753 -9393 • rAX (949) 753 -9322 Servicing California and Nevada TABLE OF CONTENTS ■ Introduction /Project Understanding ■ Project Organization and Staffing ■ Project Organization Chart ■ Scope of Services ■ Project Schedule ■ Project Fee Schedule ■ Additional Provisions ■ Hourly Rate Schedule Proposal to Provide Professional Civil .Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Introduction/Project Understanding The City of Newport Beach is proposing to construct median improvements for Pacific Coast Highway (PCH), from 500 feet westerly of MacArthur/PCH intersection to 500 feet easterly of Hazel Street. This is presented on a concept plan prepared by the City. The City is seeking professional engineering services for the design of these improvements, along with Construction Administration. The improvements include: Addition of center median; and paving Landscape and irrigation within the center median. The design work consists of the preparation of Improvement Plans along with: • Technical specifications, cost estimates, and construction contract bid documents; • Right -of -way (R/W) compilation; • Erosion Control Plan; • Traffic Control Plans; and • Caltrans Permit Processing. Construction Administration includes: • Assisting the City dining the bidding process • Answering contractor questions, and providing clarifications relative to the bid plans; • Reviewing Contractor submittals; • Administering project addenda; • Coordinating project construction with Caltrans • Attending project meetings • Attending a pre - construction conference • Attending the irrigation coverage test; • Providing a punch list prior to start of Contractor's Maintenance Period; and • Providing a maintenance punch list prior to final turnover. DMc Engineering has successfully completed several projects that are similar in scope for other Cities. Our core services include field topographic and boundary surveys, utility and right -of- way research and base map preparation, street improvement construction plans and related contract documents; Caltrans coordination and permit application. 0 Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA :DEL MAR Total Concept Landscape Architecture (TCLA), DMc's subconsultant for landscaping, has completed streetscapes and beautification projects ranging in scope from streetscape guidelines to design and construction documents. The firm's work is carried out with sensitivity to the site uniqueness, responsiveness to the needs of the community, development of human scale design, and attention to maintenance requirements. The firm strives to provide landscape design solutions that reflect close coordination with City staff. Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Project Organization And Staffing DMc recognizes the importance of the caliber and experience of the Project Manager (PM) and the experience and technical skills of individuals assigned to the project team to the success of a project. We are careful in assessing the technical and management skills required for each project and in matching these needs with the right individuals. In responding to this request for proposal for the City of Newport Beach, we have carefully assembled a project team and organizational structure that will best serve the needs of the project. Key DMc personnel assigned to this project include DMc employees who have previously worked for the City of Newport Beach on other projects. Project Manager: Mr. Derek J. McGregor, P.E., P.L.S., will be DMc's Project Manager and Project Engineer. He will be the prime contact and responsible for coordinating all activities with the City. Mr. McGregor will also be responsible for the Contract Administration duties. He has served as principal manager for services associated with the Cities of Newport Beach, Anaheim, Irvine, Laguna Beach, Huntington Beach, Fountain Valley, Costa Mesa, Buena Park, the County of Orange, and the University of California, Irvine. Mr. McGregor will work in unison with all members of the proposed project team, where he will provide as- needed technical assistance to the team. The areas of importance that Mr. McGregor provides expertise in is plan preparation and constructability review, as well as project and schedule management. He is a Licensed Civil Engineer and Land Surveyor in California, Nevada and New Mexico with twenty four (24) years of experience and sixteen (16) years as Principal of DMc Engineering: Quality Control: Independent review will be the responsibility of Mr. Uzo Okereke, PhD., P.E. He will also assist with the Caltrans permit processing. Project Engineers: As project engineers, under the Supervision of the Project Manager, Mr. Howard Colburn, and Mr. Keith Davis, E.I.T., will prepare project plans and technical specifications, cost estimates and construction contract bid documents. He will also be responsible for construction observation duties. This is the same capacity Mr. Colbum has fulfilled for numerous agencies that include the cities of Newport Beach, Anaheim, Irvine, Huntington Beach, Laguna Beach and Fountain Valley. Mr. Colbum has over twenty six (26) years of experience in these areas,. Survey /Mapping: As project mappers, Mr. Gordon Edwards, P.L.S. and Ms. Kimberley A. Holtz, P.L.S. will be responsible for research and base map and topographic map preparation. This is the same capacity Mr. Edwards and Ms. Holtz have fulfilled for numerous agencies that include the cities of Newport Beach, Anaheim, Irvine; Huntington Beach, Laguna Beach and Fountain Valley. Mr. Edwards has over twenty three (23) years of experience and Ms. Holtz has nine (9) years of experience in these areas. Project Surveyor: As project surveyor, Mr. Mike Benedict, P.L.S. will be responsible for overseeing all survey crew set -ups and scheduling, as well as all aerial and field topographic • Proposal to Provide Professional Civil Engineering Set-vices MEDIAN IMPROVEMENTS — CORONA DEL MAR mapping preparation. Mr. Benedict has over twenty six (26) years of experience. Landscape Architect: As a landscape architect, Mr. Harry H. Kobzeff, ASLA (CA #1777) has overseen many landscaping projects with a wide range of types, sizes, and jurisdictions, and has taught landscape architecture and horticulture at UCLA and UCI Extensions. In the public sector, he has met with concerned citizens and special interest groups to evaluate landscaping designs, as well as local government groups to establish municipal project goals and design concepts. As a Principal atTCLA, he is in charge of landscape architectural designs for projects in Southern California and Western United States. L Proposal to Provide Professional Civil Engineering; Services MEDIAN IMPROVEMENTS — CORONA DEL MAR PROJECT ORGANIZATION CHART CITY OF NEWPORT BEACH Public Works Department PROJECT MANAGER Derek J. McGregor, PE, PLS QUALITY CONTROL Uzo Okereke, PhD, PE MAPPING TEAM SURVEYING TEAM ENGINTERING TEAM Gordon D. Edwards, PLS Michael Benedict, PLS Howardiolburn, Class AB, RIC Kimberley A. Holtz, PLS Keith DaNis, EIT AERIAL MAPPING LANDSCAPING TECHNICAL STAFF Analylical Topo Maps, Inc. Total Concept Landscape DMc ENGINEERING Architecture, Inc. TECHNICAL STAFF DMc ENGINEERING C C Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Scope of Services A. Engineering Services Set and locate twelve (12) horizontal and vertical aerial control targets. The horizontal control will be based on the Orange County Surveyor GPS network. The vertical will be based on the Orange County Surveyor benchmark circuits. 2. Provide aerial topographic survey map of Coast Highway including 100 feet on each side of the right of way at a scale of 1" = 40`. The limits of the aerial will be from 500 feet westerly of the MacArthur /Coast Highway intersection along Coast Highway to 500 feet easterly of Hazel Street. Perform a supplemental Field Topographic Survey to locate site culture not depicted on the aerial topographic survey map. This includes compiling the above onto the topographic base rnap below. 4. Perform research to ascertain record utilities information for the subject area from the jurisdictional agencies. Based on this and the above information, prepare one (1) Base Map at a scale of 1" = 40'. Prepare one (1) set of Preliminary Improvement Plans, Estimate of Probable Cost and Specifications based on Concept Plans provided by the City on August 7, 2003. This includes meeting with City staff along with a pre- project meeting with Caltrans to receive project input prior to proceeding with formal plan preparation. 6. Based on City input on the above Preliminary Plans, prepare one (1) set of Final Improvement Plans, Estimate of Probable Cost and Specifications. The Improvement Plans will be provided for review by City staff when they are 50 % complete. The plan set will include a title sheet, sections, details; Erosion Control, Traffic Control, Landscape and Irrigation. The plan will include metric dimensional conversions along side the English dimensions. 7. Revise the above Final Improvement Plans based on the above 50 % review by the City and resubmit to the City and Caltrans when the Improvement Plans are 90% complete. The plan set will include a title sheet, sections, details, Erosion Control, Traffic Control, Landscape and Irrigation. The plan will include metric dimensional conversions alongside the English dimensions. 8. Revise the above Final Improvement Plans to include 90% review comments and submit 100 % Final Improvement Plans for approval to the City and Caltrans. E Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR B. Landscape Services 1. Collect and review on- and off -site applicable data, planning and design criteria. 2. The Preliminary Landscape and Irrigation Plans will contain the following: a. Planting concepts b. Irrigation concepts 2. The Final Landscape and Irrigation Plans will contain the following: a. Irrigation Plan and Details b. Planting Plan and Details C. Construction Administration 1. Assist client during the bidding process. 2. Answer contractor questions, administer addenda, clarifications, or submittal reviews relative to the bid plans. I Review Contractor submittals. 4. Administer project addenda. 5. Coordination with Caltrans. 6. Attend project meetings. 7. Attend pre - construction conference. 8. Attend irrigation coverage test prior to planting. 9. Provide construction punch -list prior to start of Contractor's Maintenance Period. 10. Provide maintenance punch -list prior to final turnover. E C Proposal to Provide Professional Civil Engineering Services MEDIAN LMPROVEMENTS — CORONA DEL MAR Project Schedule Work Effort Anticipated Time Line Notice to Proceed Upon Receipt Set Control Targets 1 week Aerial Topographic Map 1 week Supplemental Field Topographic Survey 1 week Base Map 1 week Preliminary Improvement Plans 1 week City Review of Preliminary Improvement Plans 2 weeks 50 % Final Improvement Plans 1 week City Review 50 % of Final Improvement Plans 2 weeks 90 % Final Improvement Plans 1 week Submit 90% Final Improvement Plans to Caltrans 1 week Caltrans Review 8 weeks City Review 90% Final Improvement Plans 2 weeks 100% Final Improvement Plans 1 week Advertise for Bids 4 weeks Award Contract 1 week Construction Administration On going • 0 Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL :MAR Project Fee Schedule Client (City of Newport Beach) agrees to compensate Consultant (DMc Engineering) for the above services as noted below: Consultant shall perform the services outlined above in accordance with the fee schedule below plus the cost for blueprinting, reproductions, computer plotting and messenger services. Consultant shall invoice client monthly on a percentage of completion basis. Additional services not identified herein will be billed on a time and material basis in accordance with the enclosed Hourly Rate Schedule. SCOPE OF SERVICE/WORK ITEM P.M. P.E. P.S. A.E. Svy 2 FEE Aerial Control Targets 4 12 $ 2,320 Aerial Topographic Map 38 $ 3,800 Supplemental Field Topographic Survey 4 16 $ 21960 Base Map 12 24 $ 3,360 Preliminary hn rovement Plans 4 24 $ 2,400 Final Improvement Plans 8 8 140 $ 12,960 Cal Trans Processing 13 $ 1,500 Landscape & Irrigation Plans 38 30 24 $ 9,500 Construction Administration 20 10 $ 3,400 TOTAL PROFESSIONAL FEES S42,200 Estimated Reimbursables $ 4,000 TOTAL FEES 1 $46,200 Ll U Proposal to Provide Professional Civil Engineering Services MEDIAN IMPROVEMENTS — CORONA DEL MAR Additional Provisions This proposal is based on the following conditions and/or receipt of the following items: 1. All Agency Processing Fee's will be paid by the City and are not included in DMc's Estimate of Fees. Additional services that are excluded* from this proposal but could be completed for an additional fee, include: Storm Water Pollution Prevention Plan (SWPPP) 2. Soils Investigation and /or Analysis All inspections or selecting plant materials at nursery locations prior to shipping to site 4. Utility Relocation Plans 5. Storm Drain Plans 6. Pavement Structural Design 7. Potholing to ascertain existing conditions U DWEngalffinng Civil • Surveying • Planning HOURLY RATE SCHEDULE Effective January 1, 2003 thru December 31, 2003 OFFICE PERSONNEL Principal (PR) $ 140.00 Project Manager (PM) $ 120.00 Project Engineer (PE) $ 100.00 Senior Engineer (SE) $ 90.00 Associate Engineer (AE) $ 80.00 CAD Operator (C.AD) $ 70.00 Specification Typist $ 50.00 FIELD PERSONNEL 3 Person Survey Crew $ 180.00 2 Person Survey Crew $ 160.00 Project Surveyor (PS) $ 100.00 Survey Calculator (SC) $ 80.00 NOTE: Blueprinting, reproductions, computer plotting, messenger services and other direct expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies or telephone expenses will be included. 18 Technology Drive, Suite 100, Irvine, California 92618 v (949) 753 -9393 • FAX(949)753-9322 Servicing California and n?evada CN I 11 E \§ � f Me \ \ � �\� \ /\ \\ !| ! ! ;\ e2 E F G I Ol E 11 DMcD*nee * Civil • Surveying . Planning ' HOURLY RATE SCHEDULE „y Effective January 1, 2003 thru December 31, 2003 OFFICE PERSONNEL Principal (PR) $140.00 Project Manager (PM) $ 120.00 Project Engineer (PE) $ 100.00 Senior Engineer (SE) $ 90.00 Associate Engineer (AE) $ 80.00 CAD Operator (CAD) S 70.00 Specification Typist S 50.00 FTELD PERSONNEL 3 Person Survey Crew $ 180.00 2 Person Survey Crew $ 160.00 Project Surveyor (PS) $ 100.00 Survey Calculator (SC) $ 80.00 NOTE: Blueprinting, reproductions, computer plotting, messenger services and other direct expenses will be charged at cost plus 10 %. 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