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HomeMy WebLinkAboutC-3576 - Irvine Avenue Median Landscaping II - Dover Drive to Holiday RoadCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 25, 2005 DMA Greencare Contracting, Inc. 3000 E. Coronado Street Anaheim, CA 92806 Subject: Irvine Avenue Median Landscaping II - Dover Drive to Holiday Road (C -3576) To Whom It May Concern: On May 25, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on July 21, 2004. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 834593P. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING 11- DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3676 BOND NO. 834593P PRaNwaFORCOWRAMUM ANDIS3U&WT0A0SjSyMW FAITHFUL PERFORMANCE BOND a1SW ON RAUL CONTRACT PEKE The premium charges on this Bond is $ 31850.00 being at the rate of $ 25.00/$ 15.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by notion adopted, awarded to Name of Contractor, hereinafter designated as the °Principar, a contract for construction of IRVINE AVENUE MEDIAN LANDSCAPING 11- DOVER DRIVE TO HOLIDAY ROAD, Contract No. 3576 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3576 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Suretdj, are held and firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED EIGHTY- NINEMilars ($189,995.56 * *) lawful money of the United States of America, said sum being equal to 1000/6 of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. *THOUSAND, NINE HUNDRED NINETY -FIVE AND 561100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principars heirs, executors,, administrators, successors, or assigns, fail to abide by, and well and truly.keep and perform any or ail the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnity, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulatet-and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 3R6 day of 3UNE 2003, DMA GREENCARE CONTRACTING, Name of Contractor (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 425 W. BROADWAY, SUITE 105 GLENDALE, CA 91204 Address of Surety 818 - 552 -6125 Telephone Authorized Agent Signature DWIGHT REILLY ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 _r _�_ ALL- PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE j SS. J On VA^ �_ & L before me, RAMZAN .TATTAT,A RNOTARV PTTRT.TC IDATEI INOT. >0.Y1 personally appeared DENNIS ALDRIDGE SIGNERM ❑ personally known to me - OR - 9AMZAN JATTALA Comm. i 1359643 't NGTAItY PUBLIC -CAul RI IP N u! Greece Canty My Comm. Expires June 8, 2004 M [] proved to me on the basis of satisfactory evidence to be the person(.0 whose name(e}' is /APe subscribed to the within instrument and acknowledged to me thatQsheAk executed the same in his hetftirerr authorized capacity(te;r), and that b hi ketffhtir signature(e) on the instrument the person(*, or the entity upon behalf of which the person(sl- acted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER SIGNER IS REPRESENTING: NAME OF PERSOMS, OR ENTITYJESi TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER v RIGHT THUMBPRINT OF SIGNER s APA 5199 VALLEY - SIERRA. 8fAY362- 3369 II MESS. ❑ P.ARTNERIS� ❑ ATTORNEY -IV -FACT ❑ TRUSTEE(S) ❑ GUARDIA\ /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSOMS, OR ENTITYJESi TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER v RIGHT THUMBPRINT OF SIGNER s APA 5199 VALLEY - SIERRA. 8fAY362- 3369 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino JUNE 3, 2003 On ,before me, Claudette N Ma_r+; n No ary ,hl i c m , Date Na. and MOO of Oft. (..9.,'Jana Da. Notary R1Wic') personally appeared Dwight Reilly Name(a) of Sgrwr(a) XXl personally known to me Cl proved to me on the basis of satisfactory evidence fCLAUDETTE N. MARTIN u S ; Colt #1355285 S P NOTARY PUeuC- CAUFORNIA P SAN SERNARDINO COUNT' .�. «. :. «. ».- a�Y remm. E .. Mardi 29, 2W8 to be the persorio whose nam0%) ispe(e subscribed to the within instrument and acknowledged to me that he@Cexecuted the same In hi42GM00W authorized capacit)d(406$, and that by his&Mdt13& signatureW on the instrument the person(30, or the entity upon behalf of which the person§Q acted, executed the instrument. WITNESS my hand and official seal. e� n maw Moot, Notary SW At w, elpnalora W Notary Pea9c Claudette N. Martin OPTIONAL Through 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: PERFORMANCE BOND Document Date: JUNE 3, 2003 Number of Pages: TWO (2) Signer(s) Other Than Named Above: None Capacity(ies) Signer's Name: ❑ Individual ❑ Corporate El Partner — [X Attorney in CI Trustee ❑ Guardian or ❑ Other: Claimed by Signer Dwight Reilly Top of thumb bare Officer — Title(s): ❑ Limited ❑ General Fact Conservator Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY COMPANY u 0 1997 National Notary Asadcalun • 9350 Da Sob Ava., P.O. Boa 2402 • Cheto w h, CA 91313-2492 Prod. No. 5907 Raon:1w: call WI-Froa 1- 800 -87"fi r 0 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEM:`lTV COMPANY INDENINITY CONIPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623.(949)'63-13A KNOW ALL MEN BY THESE PRESENTS, that except as c.Wessiv limited, DEVELOPERS SUR: -T)' AND INDEMNITY COMPANY and INDEMNITY COMPAN OF CALIFORNIA, do each severally, but notjointly, hereby makc, constitute and appoint: V. MARTINEZ, DWIGHT REILLY, H. J. DUECK, CLAUDETTE N. MARTIN, JOINTLY OR SEVERALLY' as to true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on bcb;df of rid corporations as sureties, bonds, undertakings and contras of suretyship giving and granting unto said Attomcy(s) -in -Fact full power and authori(v to (lo r.r.1 t,) pcC :n cvcry act nccesary requisite or proper to be dmhc connection there vith as each of said corporations could do, but rescrh'in) to each of said corporatic °s L:11 pc,cr of substitution and revocation, slid all of the acts of st Auomcy (s) -in -Fact, pnrsumu to these presents, am hereby ratiliedand conlimtcd. This Power of Attorney is granted and is signed by facsimile under and by authority of the fo!` in-, resolutions adopted by the respective foam or Director.. , DEVELOPERS SURETYAND INDEMN(TYCOMP NY and INDEMNITY COMPANY OF CALI! OR IA, ctfeciive asofNovember 1, 2000: RESOLVED, that the Chaimtan of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers Attorney, qualifying the a tornev(s) named in the Posers ofAllwney'to execute, on bobalf of the cofin.ra[ ions, bonds. and nakings and contracts ofstaerysbiP. and tlen d Sce-retary orally Assistant Secretary of the corporations be, and cacti of them hereby is, authorized to ::nest nra :xccution orally such Power ofAltotney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Pw cr of Anemcy or to any ceniftc tic relating thereto by Pucsimile, and any sue Power ofAttomcy or certificate bearing such facsimile signatures shall be valid and binding upon " r , .. -;:oc Lon .chcn so affixed and in the future with respect to any bon undertaking or contract of suretyship to which it is a(tached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDI: I:N':TY COMPANY OF CALIFORNIA have severally caused the- presents to be signed by their respective Executive Vice President and attested by their respective Sec: •.ary il:u S'h day orkovember, 2000. x By:_ David H. Rhodes, Executive Vice President By: " " " VVI Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) CE a: r it w i S ?S Z On November 8, 2000, before me, Diane J. Rawata, personally appeared David H. Rhodes and Walt.• -:1. Crmvell, personally known to me (or proved to me on the basis , satisfactory evidence) to be the persons whose names are subscribed to the within instrument on.! .: .. .. :ged to me that they executed the same in their authoriri capacities, and that by their signatures on rte instrument the entity upon behalf of which the persons e:. o.,, :x%.�;ocd the instrument. WITNESS my hand and official seal. �, ... Signature )L CERTIFICATE DItiNEJ. KAWATA COMM.011emo NOWYKIIIIA- CILLIfIllm a OOLRETY 6R YOa3 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY (- ^yi D.xp'Y and INDEMNITY COMPANY OF CALIFORNIA, do( hereby' ecniry this the foregoing Power of Anomcy remains in full force and has not been rc,ro': rd . rn:orq that the provisions of the rcxoludons of the respccti. Boards of Directors of said corporations sci forth in the Power ofAno ncy, arc in force as ol'tha `_IC, .. ;i!icmc. This Ceniftcatc is executed in the City of Irvine, California, the 3RD davof JUNE 2003 vd• By David G. Lane, Chief Operating Officer ID- 138001/00) Mailing: Post Office Box 15326 - Santa Ana, CA 9273SM26 Administrative Woe: 2002 East McFadden, Suite 150, Santa Ana, CA 92705 Telephone (714) 245 -1550 • Fax (714) 245-2970 RELEASE OF STOP NOTICE To: CITY OF NEWPORT BEACH 3300 NEWPORT BEACH BLVD NEWPORT BEACH CA 92663 RE: DMA CONTRACTING 14032 ENDERLE CENTER DR #220 TUSTIN CA 92780 c� You are hereby notified that the undersigned claimant releases that certain Stop Notice dated in the amount of $2,943.95 against CITY OF NEWPORT BEACH as owner or public entity and against DMA CONTRACTING as prime contractor in connection with the work of improvement known as JOB #3024 -01 19TH ST & IRVINE AVE NEWPORT BEACH CA "IRVINE MEDIAN LANDSCAPE IMPROVEMENT" C# 3576 Date: July 15, 2004 Name of Claimant: STANDARD CONCRETE PRODUCTS INC BY: °� b ✓y��� l� C r r.� W June 11, 2004 Date Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager �'7(tto n� g� El ASSISTANT CREDIT MANAGER [Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the ASSISTANT CREDIT of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 15, 2004 at SANTA ANA, CA, State of California. [ Signature of Claimant ] TOM MUNDRICK, ASSISTANT CREDIT MANAGER Forms by Caprenos Inc. CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CIVIL CODE SECTION 3103,3181- 3187 -------------------------------------------------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH 3300 NEWPORT BEACH BLVD NEWPORT BEACH CA 92663 CLAIMANT COMPANY STANDARD CONCRETE PRODUCTS, INC. P O BOX 15326 SANTA ANA CA. 92735 -5326 and these materials were requested by and fumished to or for the following person(s) or company. DMA CONTRACTING 14032 ENDERLE CENTER DR #220 TUSTIN CA 92780 JOB #3024 -01 19TH ST & IRVINE AVE NEWPORT BEACH CA "IRVINE MEDIAN LANDSCAPE IMPROVEMENT" C# 3576 has furnished, or agreed to fumish, the following labor, services, equipment or materials: READY MIX CONCRETE AND /OR BUILDING MATERIALS THE PRIME CONTRACTOR DMA CONTRACTING Total value of the entire amount of labor and materials agreed to be furnished --- - - - - -- 2,943.95 Value fumished to date ------------ --- ------- -- - - -° ---- --- -------- ----- --- -- --- --- 2,943.95 Refunds or credits given ------------------------------------------ --------- --- ---- ---- --- -------- - - - ---- 0.00 Payments received by Claimant to date -------- ------------------------------------------------------ 0.00 Total amount due Claimant after all credits and offsets ---- ------------ ------ ----------- -- -- - - -- 2,943.95 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 2,943.95 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] STANDARD CONC ETE PRODUCTS INC BY: V E R I F I C A T I O N I, the undersigned say: I am the ASST. CREDIT MANAGER of the claimant ['Owner of,'President or, gent o named in the foregoing Stop Notice; I have read said Stop Notice and know the contents 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 foregoing is true and correct. Executed on 06/1112004 , at SANTA ANA CA [Date] [ 'ty/State] By: REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 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 envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Slgned. Forms by Caprenos Inc. 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DMA CONTRACTING 14032 ENDERLE CENTER DR #220 TUSTIN CA 92780 JOB #3024 -01 19TH ST & IRVINE AVE NEWPORT BEACH CA V JUN 30 p 4 :05 "IRVINE MEDIAN LANDS9 PE, ... IMPROVEMENT" C# 3576 i : `'' -Er" has furnished, or agreed to furnish, the following labor, services, equipment or materials: READY MIX CONCRETE AND /OR BUILDING MATERIALS THE PRIME CONTRACTOR DMA CONTRACTING Total value of the entire amount of labor and materials agreed to be furnished --------- 2,943.95 Value furnished to date Refunds or credits given ...................._------------------ Payments received by Claimant to date --------------- - - -- Total amount due Claimant after all credits and offsets --------------------- 2,943.95 --------------- - -- 0.00 0.00 --------------------- 2,943.95 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 2,943.95 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] STANDARD CONCRETE PRODUCTS INC BY: V E R I F I C A T I O N I, the undersigned say: I am the ASSISTANT CREDIT MANAGER of the claimant ['Owner or, 'President o , Agent of, ETC ] named in.the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of per]ury under the laws of the State of California that the foregoing is true and correct. Executed on 0611112004 at SANTA ANA. CA [Date] �e, [ 'ity /State] By: f. � innahirel n, /e REQUEST FOR NOTICE OF ELECTION Copies Sent To: (Private Works Only) ❑ Mayor If an election is made not to withhold funds pursuant to this stop notice by reason of a NAtMe1 bond having been recorded in accordance with Sections 3236 or 3162, PLEASE SEND I '99%er of such election and a copy of the bond within 30 days of such election in the enclosed Atttttt rney preaddressed stamped envelope. This information must be provided by you under Civil > w Sections 3159, 3161, 3162. Signed: N2 A /Q Forms by Caprenos Inc. 01 ! � > . RECEk ) � � -4 A8 k7 ) ƒ . � . / #Ee J ME!JTy gK ] w c %A 4 » w:ScACH q \00 . �// . to / \CO / % q ! § $ EA \ A$2 ° \} m w.n m ) m__.mn _ J 10>C I § Z�§ \( \kGq /$ E 0 q� . # ® R F m «_,.0 E ze_-1 o m m m }F F3 F , &o! k' a§! ' _ pi . HZ ®» U d . _ §; -- /_ kG / 0 \ ) 2 \ 9 0 J2to: 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK IaVonne M. Harkless, CMC July 21, 2004 1'uc,)r $,S-01 DMA Greencare Contracting, Inc. 14032 Enderle Ce r$rive, #220 Tustin, 80 Subject: Irvine Avenue Median Landscaping II - Dover Drive to Holiday Road (C -3576) To Mom It May Concern: On May 25, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 8, 2004, Reference No. 2004000514131. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 834593P. Enclosed is the Labor & Materials Payment Bond. cSincerely, / �%Q � -A - _ __,72 2 LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, CaMomia 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us 0 0 EXECUTED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING 11 - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 BOND NO. 834593P PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of IRVINE AVENUE MEDIAN LANDSCAPING 11 - DOVER DRIVE TO HOLIDAY ROAD, Contract No. 3576 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3576 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersi ned Principal, and, DEVELOPERS SURETY AND INDEMNITY COMPAN7duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as °Surety') are held firmly bound unto the City of Newport Beach, In the sum of R4 4456 Dollars ($ 189,995.S6******) lawful money of the Unli States of 5.America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. W 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 2247 et, seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, aterations or additions to the terms of the Contract or to the work or to the specifications. in the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3RD day of JUNE , 2003. DMA GREENCARE CONTRACTING, INC. 1 =��5��� Name of Contractor (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 425 W. BROADWAY, SUITE 105 GLENDALE, CA 91204 Address of Surety 818 - 552 -6125 Telephone Authorized Agent Signature DWIGHT REILLY ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 t - ALL- PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE r SS. On ) (A --< f r `" I- before me, RAMZAN .TATTAT.A OMRY PTTRT.Tr iDATE, tNOTARYI personally appeared DENNIS ALDRIDGE SIGNERtS, ❑ personally known to me - OR - [ RAMZAN jk 4I A Comm. M 135984 '( NOYARY PU6UC- CALIFOR3 NIA ^' N 0"'go County My Comm. fryilK June 8.2006 proved to me on the basis of satisfactory evidence to be the person(•rr)' whose name(.a}- is /afe subscribed to the within instrument and acknowledged to me thafQsheAh y executed the same in his h�r authorized capacity(, and that b hi herith r signature( on the instrument the person(s}, or the entity upon behalf of which the person(sl'acted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNERISI ❑ ATTORNEYAN -FACT ❑ TRUSTEEtSt ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAZI I: OF PERSON, S, OR ENTM', IES. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER m RIGHTTHUAiBPRINT OF SIGNER `- a n H APA5N9 VALLEY- SIFRR.Y 8W.16_- 3369 -,'... 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMEM"' State of California } ss. County of San BPrnarrlIrlo J On JUNE 3, 2003 before me, Claudette N. Mart; n. No aq Pnhl i r , Data Name and Thle of OlrKer (e.p., ,. Doe. N4a y Pvt:1Y'.n personally appeared Dwight Reilly Names) v SI; nac'. )W personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persoripo whose namo) isXKe subscribed to the within instrument and acknowledged to me that heN6166Mexecuted the same in him{ authorized capacit, and that by hiss signatureW,en the instrument the personal, or the entity upon behalf of which the personal acted, executed me instrument. WITNESS my hand and official seal. ela__ J .ter 2 m . Place Notary Seal Above Si,awn al Nay W Claudette N. Martin OPTIONAL Though the information below Is not required by law, it may prove valuable io persons relying on the document and could prevent fraudulent removal and reattachment of Lois fog � to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: JUNE 3, 2003 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: TWO (2) Signer's Name: Dwight Reilly • Individual MEM Top of thumb here • Corporate Officer— Title(s): • Partner —❑ Limited ❑ General IN Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY COMPANY I I CLAUDETTE N. MARTIN z S COMM. #1345285 S P NOTARY PUBLIC- CALIFORNIA P 1 «<.<. ».•......:`':.C:°.�:,,,y,'.11 SAN BERNEA�RDINO COUNTY -M 26.20.....1 )W personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persoripo whose namo) isXKe subscribed to the within instrument and acknowledged to me that heN6166Mexecuted the same in him{ authorized capacit, and that by hiss signatureW,en the instrument the personal, or the entity upon behalf of which the personal acted, executed me instrument. WITNESS my hand and official seal. ela__ J .ter 2 m . Place Notary Seal Above Si,awn al Nay W Claudette N. Martin OPTIONAL Though the information below Is not required by law, it may prove valuable io persons relying on the document and could prevent fraudulent removal and reattachment of Lois fog � to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: JUNE 3, 2003 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: TWO (2) Signer's Name: Dwight Reilly • Individual MEM Top of thumb here • Corporate Officer— Title(s): • Partner —❑ Limited ❑ General IN Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY COMPANY I I 0 0 POWER OFATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY CO{1'13'ANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (909) 263 -3300 KNOR "ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPAN OF CALIFORNIA, do each severally, but notjointlyi hereby make, constitute and appubu: "'V. MARTINEZ, DWIGHT REILLY, H. J. DUECK, CLAUDETTE N. MARTIN, JOINTLY OR SEVERALLY' as the true and lawful Attomey(s) -in -Fact, to make, execute, deliver and acknmvledge, for and on behalf ormid corporations as sureties, bonds, undertakings and commc of suretyship giving and granting onto said Auomcy(s) -in -Fact full power and authority to do and to perform every act neces -mry, requisite or proper to be dame connection therouidt as each of said corporations could do, but resetting to each of said corporations full powu of substitution and R4ccation, and all of the acts or sa Auomey(s) -in -Pact, pursuant to these presents, arc hereby ratified and confimted. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the mspoeive Beard of Director DEVELOPERS SURF.TYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, etli:aive asof November 1.2000: RESOLVED, tat the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Lc authorized to execute Powers, Attorney, qualifying the attomcy(s) named in the flowers of Avonicy to execute, on behalf of the cor; ora:iuns, bands. undertakings and contracts of sumtyship: and that 11 Sccrcary or a y Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution orany such Power ol'Anomcy: RESOLVED. FURTHER, that the signatures of such ofllecrs may be affixed to any such Power of Anorney or to any certificate miming theme by facsimile, and any sue Power orAttomcy or certificate bearing such facsimile signatures shall he valid and binding upon the m: racrlon when so affixed and in the futum uith respect to any bon• under aking car contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused thc- pra:nts to be signed by theirrespective Executive Vice President and attested by their respective Secretary this Bra day of November, 2000. STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) OCTZ 1967 On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Wahzr A. Crowell, personally known to me (or proved to me on the basis 1 satisfactory evidmcc) to be the persons whose names arc subscribed to the within hutrunrcm and ac ,: ;,,lcdged to me that they executed the same in their authority capacities, and that by their signatures on the instrument the entity upon behalf of which the persons act, :.. executed the instrument. WITNESS my hand and official seal. Sigmturc CERTIFICATE CKNEA W1M(ATA COalal Illlq® OFANCM RMA I WArw 4Jax � 1 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY C^N10aNY and INDEMNITY COMPANY OF CALIFORNIA, duy hereby certify that the foregoing Power of Attorney remains in fidl force and has not been mvoked, :. , . ..:,;snore, that the provisions of the resolutions of the respectiv Boards of Directors of said corporations set forth in the Power ofAtlomgy, are in force as of the date e`:: (- :rificatc. This Certificate is executed in the City oflrvinc, California, the 3RD cover JUNE 2003 mod. By _ David G. lane, Chief Operating Officer ID- 1380(11100) David H. Rhoda, Executive Vice President ,,`Q-E 0PPU. By: V b _: cj -, � G M. ' SEAL ° O % 193 WalterACrowell, Secretary E'3 `:, :�,,k y Ov1i', STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) OCTZ 1967 On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Wahzr A. Crowell, personally known to me (or proved to me on the basis 1 satisfactory evidmcc) to be the persons whose names arc subscribed to the within hutrunrcm and ac ,: ;,,lcdged to me that they executed the same in their authority capacities, and that by their signatures on the instrument the entity upon behalf of which the persons act, :.. executed the instrument. WITNESS my hand and official seal. Sigmturc CERTIFICATE CKNEA W1M(ATA COalal Illlq® OFANCM RMA I WArw 4Jax � 1 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY C^N10aNY and INDEMNITY COMPANY OF CALIFORNIA, duy hereby certify that the foregoing Power of Attorney remains in fidl force and has not been mvoked, :. , . ..:,;snore, that the provisions of the resolutions of the respectiv Boards of Directors of said corporations set forth in the Power ofAtlomgy, are in force as of the date e`:: (- :rificatc. This Certificate is executed in the City oflrvinc, California, the 3RD cover JUNE 2003 mod. By _ David G. lane, Chief Operating Officer ID- 1380(11100) 0 9 0 DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three -year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the-program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 umw.inscodimcom RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 New -port Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200400051413108:1lam 06108104 211 128 N12 1 0.00 0 -00 0.00 0.00 0.00 0.00 0.00 0.00 emp m recording a 6103" pursuant to Government Code-Section NOTICE OF COMPLETION ,n NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, GI Newport Beach, California, 92663, as Owner, and DMA Greencare, Inc., of Tustin, California, as Contractor, entered into a Contract on May 27, 2003. Said Contract set forth certain improvements, as follows: Irvine Avenue Median Landscaping II from Dover Drive to Holiday Road (C -3576) Work on said Contract was completed en April 16, 2004, and wasfound to be- acceptable on May 25. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Casualty Company. N = "- v' — orks girector 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 eI at Newport Beach, California. dy.cXv X �r _WP BY � e JDrCity Clerk c `.l �tiFOaN�� 41 • RECCAR6tkdi4QsTEO BY AND WHEN RECORDED RETURN TO: CityC"k :7 City of Newport Beach t, 3300 Newport Boulevard Newport Beach, CA 92663. Recorded in officiaRecords, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIII! Iillllllllllll! Iillllllllililll !IIIIIillllllllllll{I!NO FEE 200400051413108:1 lam 06108104 211 128 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION 6103" CONFORMED COPY Not Compared with Original NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, 'and DMA Greencare, Inc., of Tustin, California, as Contractor, entered into a Contract on May 27, 2003. Said Contract set forth certain improvements, as follows: Irvine Avenue Median Landscaping II from Dover Drive to Holiday Road (C -3576) Work on said Contract was completed on April 16, 2004, and was found to be acceptable on May 25. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Casualty Company. ks birector i port Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on )Z 0 at Newport Beach, Califomia. U. (S"..W.7 EW BY dy - IriTWti�/ City Clerk I ;TELEPHONES ORANGE COUNTY 710558 -1200 TOLL FREE 1-800-464-8525 FROM &Af • JOB NUMBER ACCO O. 7 DELIVERY, INC: 1220- POMONA STREET - SANTA ANA, CALIFORNIA 02707 PUBL I C WOF KS: Hill M, f 0 N S T to N 9 10 Orange county Clerk - NP W. C.'s 1 �I- — Public Services Oftision pc :Of it 12 Civic Center Plaza Santa Ana. CA 92702 NO.PKGS. DESCRIPTION RATE WEIGHT ''CHARGES Notice of Completion for C-357&---, - DELIVERYPHAR .. . ....... Tftllr. 4.6we Rediart Lands , cap i ng RERETURN 14 ;WAIITTIME C.O.D. C SPECIAL INSTRUCTIONS: C.O.D. FEE RECEIVED 13Y THE CARRIER Name of pickup driver-sign below No, PCs Date Truck Used RECEIVED BY CONSIGNEE SIGN FULL NAME X BY I - i Number Pieces WEIGHT CHARGE D y d6ver-s go below No, PCs Dal I uck Tr U I CUSTOMER P.O. NO. I -3576 C ADVANCES TOTAL DATE Please Remit To: P.O. BOX 15087, SANTA ANA, CA 92705 Loss limited to $50.00 per shipment Unless a higher value is declared by customer. PAYMENT MUST BE MADE WIT1410 DAYS PER I.C.C. & P.U.C. REGULATIONS 40 Consignee checks will be accepted for COD's unless otherwise specified by shipper. CONSIGNEE I 1. In tendering this ship *iii 'Shipperagrees to thesg, � 5. All claims (except overcharges) must be received in Conditions of Contract, which no agent or employee of theV writing by Right -O =Way Delivery within 60 daysafter Right- parties may after, and thatthiswaybA914 7N- NEGOTIABLE O -Way Delivery accepted the shipment. Concealed loss/ and has been prepared by Shipper or on shipper's behalf by damage must be reported IN WRITING to Right -O -Way Right -O -Way. i34�,_;.;,. Delivery at destination within 14 days after delivery, or if antstna hi mein perishables, verbally within 48 hours. No clai ms wi I I be paid p tckedadequately until transportation charges have been paid. Claims may is f r r't tt^ , ut an sure safe transportation with , +.L;..,,. � not pe deducted from transportation charges, Legal action ordinary care u. to enforceaciarmn ustbebrr,r.gYi v.,htnar €arafterthe 3. RIGHT -O -WAY DELIVERY SHALL NOT BE LIAR N . -has been denied k wru4g y night- 1 day Deflw —y, n ANY EVENT FOR ANY SPECiAL INCIDENTAL. part. CiONSFOUENT1 DI Ir BUT N LIMr rt; , j, DAMAGES. C7F1tSOR LOSS FFvCJpnr^�"rn -Way Delivery shall not be liable for loss, WHETHER OR NO-r RIGH'' - -O -WAY DELIVERY HAD damage, ordelaycausedbyActsofGod ,publicauthorities, KNC?UILEDGE THAI- UrW iUl',MAG3Eg MIGHT BE strikes, labordisputes, weather, mechanical, vehicle failures, INCURRED. acts or om fissions of Customs or quarantine officials, or civil commotions. 4. Due to the inher6rd natuic of irte delivery t;usmess, Right -O -Way Delivery shall nloi be Isabie for ti:e con - sequennes of failure to make ti +x;efy rietiveties_ 0 7. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater. i 0 C -3576 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 May 25, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 6443311 rgunther@city.newport-beach.ca.us MAY 2 6 2004 SUBJECT: IRVINE AVENUE MEDIAN LANDSCAPING PHASE II — DOVER DRIVE TO HOLIDAY ROAD — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3576 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 1 year after Council acceptance. DISCUSSION: On May 27, 2003, the City Council authorized the award of the Irvine Avenue Median Landscape Phase 11, Dover Drive to Holiday Road contract to DMA Greencare, Inc. The contract provided the construction of integrally colored stamped median concrete along the length of the medians and the installation of moisture barrier, mulch, ground cover, and an irrigation system. Due to the existing shallow storm drain below the medians, no trees were proposed for this project. The ground cover is the same as that recently installed within the medians between Westcliff Drive and Dover Drive. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $189,995.56 Actual amount of bid items constructed: 189,991.56 Total amount of change orders: 30,048.12 Final contract cost: $220,039.68 SUBJECT: Irvine Avenue Median 0scaping Phase II - Dover Drive to Holiday Road - Oletion and Acceptance of Contract No. 3576 May 25, 2004 Page 2 The final overall construction cost including Change Orders was 15.8 percent over the original bid amount. The City Manager has given his written authorization to exceed the original contract by over 10% perthe!City Council Policy F -3. Two Change Orders in the amount of $30,048.12 were issued for the project. Change Order 1 for $14,183.12 provided additional boring work required to complete the work. Change Order 2 in the amount of $15,865.00 provided for additional electrical work that was required. Environmental Review: Staff determined that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project consisted of the beautification of existing landscaping within the medians and did not impact any environmental resources. Funding Availability: Funds for the project were expended from the following account(s): Account Description Irvine Avenue Medians Prepared by: _/ R. Gunther, P.E. Construction Engineer Account Number 7261- C5100696 Total: Submitted Amount $220,039.68 $220,039.68 aoum Director .. � • Sri RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and DMA Greencare, Inc., of Tustin, California, as Contractor, entered into a Contract on May 27, 2003. Said Contract set forth certain improvements, as follows: Irvine Avenue Median Landscaping II from Dover Drive to Holiday Road (C -3576) Work on said Contract was completed on April 16. 2004, and was found to be acceptable on May 25. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Casualty Company_ Newport oi VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on °�/ L00 (� 1 BY G� " IFIrOW1�1 Dr City Clerk at Newport Beach, California. 05/25/2004 10:51 71466517 DMA 17 05i14l2804 "s `12:09 FIRRWMLRRIETH WR i 146651527 RELMSE OF STOP NOTICE • ♦ 711 PAGE 02/03 NO. 301 001 You are hereby nodal that the undersigned claimau t releam that certain Stop Notice date IQ- QQff in the amoum of 6� against City of Newpdrt Reach m owner or Public body bpd DMA Cyreencare Comracling Inc, as puma cmuiWtur in cormection with the work of improvement known u Irvine 1ft&ws Project in the city of Irvine, Caliibmi% County of Ontnge, State of Caliticmm { i 711091370 mo C mdit Administrator South Region Verification T the undersigned, ame:: I am the CmIt Admi ' ator of thg Sow�eEi�of Ut>iwd Grano Mark the claimant named m the bagoiag Release, I have read said Release of Stop Notice and know the contents thereof; and I certify that the came is true of my own I certify or declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed of Signature Credit Administrator South Region 05/25/12M4 2102 040:51 57 711858E428 �@ DMA HYDRO —SCAPE A/* Unconditional Waiver and Release Upon) Final Payment CALNORNIA CIVIL CODE SECTION 3262 (dx4) PAGE 03/03 PAGE 01 The undersigned hes been paid in full for all labor, services, equipment yr material farnished to D MA GREEN_CAR COMACUMG 2W a on the job of CITX or 15EWPOHZTat, sCH Pt[ur TC W-0—M (may located at NEWPORT HEACH MIuDL±<PLivy" a utyANLAYE NFMOiCT RUM CA Poh Dn. tnnrAw and door hereby waive and release any right to a mechanic's lien, stop notice, oc any r(ght against a labor and material bond on the job, except for disputed claims for extra work in the amount of S 0 Dated: 05/21/04 X201 GRB NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT SEEN PAID. IF YOU HAVE NOT SEEN PAID, USE A CONDI'T'IONAL RELEASE VORM. NOTE: CIVIL CORE 3262 (d)(4) PROVMES: Where the Naimam is required to eeeeu[e o wo(wr and releaee in cschonpnjor, nr in order m indnmr poymrn: oj, aAM, payment, and tbo ciahnartt arsem M the waNer it hat, in Jha4 been paid a )7n0 payment, fhe wA er and release shallMiow sabamnttcily:heform sa[ jonh above. NOTICE TO C -357( Stop Notice CALIFORNIA CIVIL CODE SECJ�O f13I1f3 P2 11 (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 -3175) (If Public Job — file with the office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL. CODE SECTIONS 3179 -3214) Prime Contractor: DMA Greencare Contracting Inc. Date f Sub Contractor (if any) None Copies Sent To: Owner or Public Body City Of Newport Beach ❑ Mayor ❑ Council Member Improvement know as Irvine Meadows Project. Irvine Ca G Manager ,E"Qttorn in the city of Irvine . County of Orange . State of California �] United Green Mark . Claimant, a Corporation furnished certain labor rvice, equipment or materials used in the above described work of improvement. The name of them- - or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is DMA Greencare Contracting Inc. The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Landscapine and/or Irrieation materials and supplies Total value of labor, service, equipment or materials agreed to be furnished ............. $ 6252.60 Total value of labor, service, equipment, or materials actually furnished is .............. $ 6252.60 Credit for materials returned, if any ............................... ............................... $ 0.00 Amount paid on account, if any ..................................... ............................... $ 0.00 Amount due after deducting all just credits and offsets ....... ............................... $ 6252.60 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 6252.60 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3038) IS NOT attached. (Bond required with Stop Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date March 30, 2004 Name of Claimant United Green Mark, Inc 26713 Madison Ave. Murrieta CA 92562 By V1.11" Credit Administrator South Region VERIFICATION I, the undersigned, state: I am the Credit Administrator South Region of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 30, 2004, at Murrjeta, State of Caliform' (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 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 envelope to the address of the claimant shown above. This.information must be provided.by you. under Civil Code Sections 3159, 3161, or 3162. Signed: CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CIVIL CODE'SECTION 3103,3181- 31� $7. - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - NOTICE TO .?s,i FOR THE PROJECT AT: CITY OF NEWPORT BEACH Date Q2 Glo "MEDIAN RENOVATIONS" ATTN: DISBURSEMENT OFFICER Copies Sent To: IRVINE BLVD 1 19TH ST)Q FEB 23 ,`111 :1� 1 3300 NEWPORT BEACH BLVD 0 Maya AND VARIOUS LOCATIONS NEWPORT BEACH, CA 92662 Council Member NEWPORT BEACH, CA pager r: ;;; [ 4 .{Uz1 CLAIMANT COMPANY „ net UNITED RENTALS NORTHWEST, INC. has furnished, or agreed to furnish, the following 2301 DUPONT DR. #400 labor, services, equipment or materials: IRVINE, CA 92612 MISC EQUIPMENT RENTAL O AND SALES 0- and these materials were requested by and furnished to or for the following person(s) or company. DMA GREENCARE CONTRACTING THE PRIME CONTRACTOR 14032 ENDERLE CENTER DR 111220 DMA GREENCARE CONTRACTING TUSTIN, CA 92780 Total value of the entire amount of labor and materials agreed to be furnished ..,,. _.. Value furnished to date ... ........... ........... ........... ........... .... ........................... ..... Refunds or credits given _ ... ..... .... ..... .... ....... .... ._ .... Payments received by Claimant to date 18,586.21 18,586.21 0.00 0.00 Total amount due Claimant after all credits and offsets _... . ___ -..- _ 18,586.21 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of E 18,586.21 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] UNITED RENTALS RR �S NNNOj, ' BY: l /// , V E R I/F I'C I, the undersigned say: I am the 1 O N the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of per]ury under the laws of the State of California that the foregoing is true and correct. Executed on FF-BR i)At Y ! b , Zoo at & gz62 [Date] [Year) [ C. [State/zip] REQUEST FORNOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 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 envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. [ Claimant must enclose self- addressed stamped envelope ] 0 United Rentals February 16, 2004 Developers Surety & Indemnity Co PO Box 19725 Irvine, CA 92623 United Rentals Northwest, Inc. 2301 Dupont Drive # 400 Irvine, CA 92612 (949) 809 -0100 RE: BOND #: unknown ' PRINCIPAL: DMA Greencare Contracting OBLIGEE: City of Newport Beach PROJECT: "Median Renovations" Irvine Blvd / 19ei Street & various locations Newport Beach, CA Dear Sirs: FEB 2 o 2004 lYo 4 NeK ��Parrment United Rentals Northwest, Inc. rented construction equipment to DMA Greencare Contracting on the above referenced project. The total due on this project is $18,586.21. We would like to pursue our rights under the payment bond posted by DMA Greencare Contracting to collect the amount due. Thank you in advance for your prompt attention to this matter. If you have questions or should need further documentation, please call me at (949) 809 -0144. Sincerely, Jef o kins Credit Department cc: DMA Greencare Contracting City of Newport Beach Crosby Insurance �--� Stop Notice H am, m CALIFORNIA CIVIL CODE SEC.f Q,`N M3 S. A _B�If1'H'Ii'IAnt N4rNFWPORT BEACH PUBLIC WORKS FEB 2 3 2004 PLIEW WORKS DEPARTM.EN7 (If Private Jobs fillwith responsible officer or person at offiAr b 9kWof cdnshW&n lender administering the con- struction funds or with the owner - CIVIL CODE SECTIONS 3156 - 3175) (If Public Job - file with office of controller, auditor, or ot)ier.public disbursing officer. Y Fhose duty it is to make payments under provisions of the contract - CIVIL CODE SECTIONS 3f79 - 32(4) nE,i Prime Contractor: D M A GREENCARE CONTRACTING INC Sub Contractor: (If Any): Owner or Public Body: CITY OF NEWPORT BEACH PUBLIC WORKS Improvement known as NEWPORT REACH .DIAN 19TH RT & IR VI County of ORANGE COUNTY ,State of California. HYDRO -SCAPE PRODUCTS Claimant, a CORPORATION furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished tabor, service, equipment, or materials is D M A GREENCARRF CONTRACTING The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was: LANDSCAPING & IRRIGATION MATERIAL Total value of labor, service, equipment, or materials agreed to be furnished ............... $ 9.286.40 Total value of labor, service, equipment, or materials actually furnished is .................. $ 9,286.40 Credit for materials returned, if any ................................ ............................... $ 0.00 Amount paid on account, if any ...................................... ............................... $ 0.00 Amount due after deducting all just credits and offset s ........... ............................... $ 9,286.40 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of S 9.286.40 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) attached. (Bond required with Stop Notice served on construction lender on private jobs - bond not required on public jobs or on Stop Notice served on owner on private jobs). Date: 02/18/2004 Name of Claimant: HYDRO-8 APE PRODUCTS By: VERIFICATION I, the undersigned, state: I am the of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know th content thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on U at State of California. (; REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the en ,�Josed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided byjyffundey6iyil Cod@ SSOons 3159,3d61 or 3162. i STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF TO: CITY OF NEWPORT BEACH (Name of owner, construction lender or public officer) OR FUNDS °?;2.., 20p4 - �?f 3300 NEWPORT BEACH BLVD NEWPORT BCH, CA 92663 (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, has furnished or has agreed to furnish MATERIALS (Labor, services, equipment of the following kind ELECTRICAL (General description of labor, services, [ to or for J N H ELECTRIC CORP improvement, located at, or on as: or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 406.56 The amount in value of that already done or furnished by claimant is $ 406.56 Claimant has been paid the sum of $ 0.00 and there remains due and unpaid the sum of 406.56 plus Interest thereon at the rate of 10 per cent per annum from February 25, 2004. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST Dated: March 29, 2004 STATE OF CALIFORNIA } COUNTY OF LOS ANGELESI as. WALTERS WHOLESALE ELECTRIC CO. Name of Claimant 2825 TEMPLE AVE.. SIGNAL HILL, CA 90806 Address of Claimant DENIS L. EVERT, V.P. OF COLLECTIONS, being duly sworn, deposes and says: That _he is the person(s) who signed the foregoing Stop Notice; that he has read the same and knows the contents thereof to be true of h_ own ge, except as to any matters or things that may therein be staled on h_ information and belief and as t e matters and gs Iloves the to be We. � 2 Subscribed and swom to before me This 29day of MARCH 2004 O Date Notary Public and in and for said State Copies Sent To. EF. #345793 -207 ❑ Mayor ❑ Council Member ❑ Manager ttor_emei� This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all br changes proper to your transaction. Consult a lawyer if you doubt the forms fitness for your purpose. Gi' THIS IS NOT A LIEN. THIS NOTICE 13111111111VEN PURSUANT TO SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8317 4521 7021 745217 OWNER or Reputed Owner (on private work) 132 or PUBLIC AGENCY (on public work) CrrY OF NEWPORT BEACH 3300 NEWPORT BEACH BLVD NEWPORT BEACH CA 92663 CONSTRUCTION LENDER or Reputed Construction Lender, if any. 949- 263 -3300 NONEBOND #834593P/BOND CO: DEVELOPERS INDEMNITY & SURETY CO P O BOX 19725 IRVINE CA 92623 ORIGINAL CONTRACTOR or 03 Reputed Contractor, If any. 714 -665 -1995 DMA CONTRACTING 14032 ENDERKE CENTER DR #220 TUSTIN CA 92780 SUB CONTRACTOR /person or firm who contracted for the purchase of such labor, servk:es, equipment or materials Is: 818 -831 -2185 J N H ELECTRIC CORP 10856 VALJF.4N AVE GRANADA HILLS CA 91344 OTHER INFORMATION, If any. CALIFORNIA PRELIMINARY NOTICE A45000 YOU ARE HEREBY NOTIFIED THAT... WALTERS WHOLESALE ELECTRIC #6 6336 11305 S HINDRYAVE LOS ANGELES CA 90045 CORP OFFICE #(562 )988 -3100 has furnished or will famish labor, swAces, equipment or materials of the following general description: 26650 ELECTRICAL SUPPLIES for the but ft, structure or other work of improvement keeled at: "IRVINE AVE MEDIAN LANDSCAPE" DOVER RD & HOLIDAY RD NEWPORT BEACH CA JOB #2014 (PROVIDING POWER FOR IRRIGATION) An estimate of the trial price of the labor, services, equipment or materials ftwnW d or to be furnished is: $ 2,000.00 Trust Funds to which Supplemental Frnge Benefits are payable: BY: CM DL pjffi& Agent Dated: 01/23/2004 (Sianeiure) (TIlle) 01/05/2004 R i NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY Itl IIEQUIRING YOUR COMM. CTOR TO FURNISH A 0 0 United Rentals .04 ITPR 11 All .c'o BEAC+ March 5, 2004 "DMA Greencare '14032 Enderle Center Dr #220 Tustin, CA 92780 RE: Rate Dispute Mr. Dennis Aldridge: Kited Rentals, Inc. 10625 Monte Vista Ave. Montclair, CA 91763 Tel: 909 624.9615 Fax: 909 6242074 www.unitedrentais.com c -359 United rentals acknowledges that DMA Contracting has disputed several invoices dating back to early 2003. After review of their audit we have determined approximately, $6,600 will be credited to their account j from overcharges during 2003. These overcharges were the reason for the dispute between our two companies and are now resolved. Sincerely, Chris Kerber Manager Montclair UR509 Date Copies sent To: ❑ Mayor Q Council Member ❑ Manager I�-A orney 0 7 I Lh- 0- 1 r 0 United Rentals Northwest, Inc. 23701 Dupont nr., 0400 Irvine, CA 92612 Tel: (949) 609 -0100 Fax. (949) 862-1110 Page i of 1 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (California Civil Code Section 3262(d)(4)) DMA GREENCARE CONTRACTING INC 14032 ENDERLE CENTER DR #220 TUSTIN, CA 92780 -2040 The undersigned has been PAID IN FULL for all labor, services, equipment or material furnished to DMA GREENCARE CONTRACTING INC on the job of CITY OF NEWPORT BEACH. Said project commonly known as the NEWPORT BEACH- IRVINE JOB 4302401 Located at: MEDIANS RENOVATION NEWPORT BEACH, CA 92663 The undersigned does hereby waive aad release any right to a mechanic's lien, stop notice or any right against a labor and material bond on the job, except for disputed claims for additional work in the amount of $0.00. Dated 3/9/04 United Rentals Northwest, Inc. By: L / NOTICE: THIS DOCUMENT WAIVES RIGHTS LNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID OR YOUR CHECK HAS BEEN RETURNED BY THE BANK. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. 70 3eJdd 0HSV'J S- Wt,3tl aaIlln ECZ6L9e6rs ET tLZ 000Z(60 /E0 i unhedilLa Harthweat, Inc. P.O. Bas 79333 Cky�. � 8631, C 91716.9x33 Fax: PM 662-4938 RELEASE OF STOP NOTICE To: CITY OF NEWPORT BEACH STATE OFCALIFOW 3300 NEWPORT BEACH BLVD NEWPORT BEACH, CA 92662 RE: DMA GREENCARE 14032 ENDERLE CENTER OR # 220 TUSTIN, CA 92780 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated Fobtuery 16, 2004 in the amount of $18,386.21 against CITY OF NEWPORT BEACH as owner or public entity and against DMA 6 fi F VJ CARE C&AITi4AC TTaU6 � • as prime contractor in connection with the work of improvement known as "MERIDIAN RENOVATIONS" IRVINE BLVD f 19TH ST AND VARIOUS LOCATIONS NEWPORT BEACH, CA CaltrdlrlonstS701o¢ Ne1rrP�iBry =fir Date: Match 10, 2004 OI04P Name of Claimant: UNITED RENTALS NORTHWEST, INC. BY: CREDIT MANAGER (official CapaL*. ] V E R I F I C A T I O N I, the undersigned, slate: i am the CREDIT MANAGER of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of CaOfomia that the foregoing is true and correct. Executed on March 10, 2004 at IRVINE, State of California. urxr MUPKIN5, CREDIT MANAGER Forms by Capnnos Inc, r United Rentals Northwest Inc L] Disuict�iirF& 2301 Dupont Drive #400 Irvine CA 92612 (949) 8IM119QC 17 P 3 :35 HACH C -30916 NOTICE OF INTENT TO FILE A LIEN.. STOP NOTICE OR BOND CLAIM To: DMA Greencare Contracting 14032 Enderle Tustin CA 92780 -2040 The undersigned claimant, United Rentals Inc, intends to file a claim of lien or Stop Notice against the building, or improvements described as; "Irvine Median Improvements" 19th Street & Irvine Blvd Newport Beach CA The claimant furnished the following kinds of labor, services, equipment or materials: Construction Equipment Rental The amount due is $6,657.61 Please Note the amound due is for the endiniE4eptember M. 2003. ONLY. If a Mechanic's Lien and or Stop Notice is filed it will include the Project balance as well as result in all United Rentals Northwest's equipment being removed from the above referenced Job site. Your failure to make payment for the above amount on or before December 31, 2003 will cause us without further notice to record a Claim of lien and/or proceed with any other collection measures we consider necessary for the protection of our investment. THIS NOTICE IS BEING SENT AS A MATTER OF COURTESY AND REFLECTS INFORMATION TRUE AND CORRECT AS OF THIS DATE. IF THIS CLAIM HAS ALREADY BEEN PAID, PLEASE DISREGARD THIS NOTICE. Dated: December 9, 2003 United Rentals Northwest Inc. 2301 Dupont Drive #400 Irvine CA 92612 / (949) 809 -0154 Date City of Newport Beach - Owner Developers Surety & Indemnity Co - Bond Co Chris Kerber - Montclair Branch. Manager Tirn Byrne - Fullerton Branch Manager 1 Copies Sent To: D Mayor 0 Council Member 0 Manager �-'Aftorney O O 1� /0.9;,03 16:03:21 Customer Invoice Inquir Customer Invoice Inquiry Sys: UNITED Status: H Total $: 827.83 Cm U1 Loc: 576 Cust #: 664824 DMA GREENCARE CONTRACTING INC Phone: 714- 665 -1995 Cm ; U1 Loc: 576 Cust #: 664824 DMA GREENCARE CONTRACTING INC Phone: 714- 665 -199 7 =Fax Select -Open: Y Paid: N Opt: 3= Pmt /Adj 5= Display 6= Reprint 7 =Fax Op Invoic # Inv bate oc 'S 1' 744,pe Balance Tot Location X/S ON I 353.26 19TH ST & O� Invo ce # Inv�ate roc S�_I Tune fiance ME location COSTA _ 37000284 -001 _ 36234834 -001 10109103 509 OP R 1524.31 X/S ON IRVINE BLVD BETWEEN, _ 36286785 -001 10/20/03 509 OP R 974.40 X/S ON IRVINE BLVD BETWEEN, _ 36350947 -001 10/24/03 509 OP R 2688.41 X/S ON IRVINE BLVD BETWEEN, _ 36286785 -002 10/27/03 509 OP R 205.72- X/S ON IRVINE BLVD BETWEEN, _ 36384911 -001 10/27/03 509 OP R 1322.95 X/S ON IRVINE BLVD BETWEEN, _ 36825779 -001 11/06/03 509 OP R 833.28 X/S ON IRVINE BLVD BETWEEN, _ 36286785 -003 11/17/03 509 OP R 974.40 X/S ON IRVINE BLVD BETWEEN, _ 37007012 -001 11/23/03 509 OP R 2538.49 X/S ON IRVINE BLVD BETWEEN, _ 37046677 -001 11/24/03 509 OP R 2035.42 X/S ON IRVINE BLVD BETWEEN, _ 36350947 -002 11/25/03 509 OP R 2941.25 X/S ON IRVINE BLVD BETWEEN, 36286785 -004 12/02/03 509 OP R 81.20 X/S ON IRVINE BLVD BETWEEN, _ 37007012 -002 12/09/03 509 OP R 496.64 X/S ON IRVINE BLVD BETWEEN, 16205.03 < - - -- Total 12/09/03 16:03:21 Customer Invoice Inquiry Sys: UNITED Status: H Total $: 53,827.83 Cm U1 Loc: 576 Cust #: 664824 DMA GREENCARE CONTRACTING INC Phone: 714- 665 -1995 Select -Open: Y Paid: N Opt: 3= Pmt /Adj 5= Display 6= Reprint 7 =Fax COSTA Op Invoic # Inv bate oc 'S 1' 744,pe Balance Tot Location _ 36894278 -001 10/31/03 515 OP R 353.26 19TH ST & IRVINE BL., COSTA 36999456 -001 11/04/03 509 OP S 384.16 19TH ST & IRVINE BL., COSTA _ 37000284 -001 11/04/03 509 OP S 991.91 19TH ST & IRVINE BL., COSTA F3 =Exit F4= Search Make selections. 1729.33 < - - -- Total Fll= Detail F13 =Pmt hot F15 =Sales hot ONORTH!E1!T;;':)R&E , SUITE 400 NT IRVINE CA 92612 Bottom F22 =Aging F24 =More t CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 16:00 AM on the 14th day of May 2003, at which time such bids shall be opened and read for IRVINE AVENUE MEDIAN LANDSCAPING II FROM DOVER DRIVE TO HOLIDAY ROAD Title of Project Contract No. 3576 $237.000 Engineer's Estimate by rphen G. Badum is Works Director ' o\ P�1�� ,�pJ Qo�aek A \ \sue r0Q rnl Prospective bidders may obtain one set of bid documents at $35.00 each at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: A For further information, call Fong Tse, Project Manager at (949) 644 -3340 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING II - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 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 CITY OF COSTA MESA ENCROACHMENT PERMIT REQUIREMENTS .... APPENDIX Soil Report ...................................................... ............................... APPENDIX K 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING 11 - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular. 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 3 0 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. # 343Q l y / A /c -a--I /H iC Contractor's License No. & Classificatidn Bidder 4�rLr � /�31aod3 Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING 11- DOVER DRIVE TO HOLIDAY RDAD CONTRACT NO. 3576 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID _Dollars ($ 10 `f * * * * * * * * ),to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of IRVINE AVENUE MEDIAN LANDSCAPING 11 - DOVER DRIVE TO HOLIDAY ROAD, Contract No. 3576 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 th a 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 da' a of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond Witness our hands tiis 8TH day of MAY 2003 ro DMA GREENCARE CONTRACTING, INC. Name of Contractor (Principal) ' ad SignaturelTTte DEVELOPERS SURETY AND CASUALTY COMPANY Name of Surety Auth6rized Agent ignature 425 W. BROADWAY, SUITE 105 GLENDALE, CA 91204 DWIGHT REILLY ATTORNEY -IN -FACT Address of Surety Print Name and Title (818) 552 -6125 Telephone (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss: County of SAN BERNARDINO On MAY 81 2003,beforeme, CLAUDETTE N. MARTINr NOTARY PUB(.IC Dale Name end T9k M OOker (e.g.,'Jeae Doe, Notary Public") personally appeared DWIGHT REILLY ----------------- ---- --------- Nam (e) of Slppr(e) ................. ........................ » »» i CLAUDETTE N. MARTIN Z S COMM. #1345285 S P NOTARY PUBLIC - CALIFORNIA P I SAN BERN�ARo�DINO COUNTY ♦1 i........... .c.. myCO.roM,E) ..Mar!t*.. Noce „i XXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(o whose heme(14 IsIfU subscribed to the within instrument and acknowledged to me that he/liV*MK)Rexecdted the same in his /t16511611iX authorized capacfty(YM), and that by his/)(dtrJQkOK slgnature(iq on the Instrument the person fi), or the entity upon behalf of which the person.(%) acted, executed the instrument. WITNESS my hand and official seat. Place Notary 9va1 Above S neluro d Notary u CLAUDETTE N. MARTIN OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: MAY 8, 2003 Signer(s) Other Than Named Above: Capacity(les) Signer's Name: • Individual • Corporate O ❑ Partner — IX Attorney In ❑ Trustee ❑ Guardian or ❑ Other: _ Signer Is Repre Number of Pages: ONE (1) NONE Claimed by Signer DWIGHT REILLY -------- ------------------ Top of thumb here fficer — Title(s): ❑ Limited ❑ General IF Conservator senting: DEVELOPERS SURETY AND L� CASUALTY COMPANY O 1997 Nellonel Notary Aae0clal oa • 9350 De Solo Ave.. P.O. Bolt 2402, Chelsw h, CA 91313 -2402 Pmd. No. 5907 Reorder. Cell Toll -Free 1- 800 - 979 -6927 P.. -i POWER OFATTOR.NEY FOR D ELOPERS SURETYAND INDEAINITI NII'ANY INDEIMNITY COMPANY OF CALIFORNIA . PO BOX 19725, IRVINE, CA 92623 • (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS. that except as expressly lin;i". DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPAK Or CALIFORNIA, do each severally, but notjuintly, hereby make. eonstiunc and appoint: " *V. MARTINEZ, DWIGHT REILLY, H. J. DUECK, CLAUDETTE N. MARTIN, JOINTLY OR SEVERALLY... is the tree and Ia•.cLd Anomey(s) -in -Fa U, to make. "mno, dclii-er and ackrowlcd',. for and on be MmY or said corporations as s :+rcties, bonds, t:ndanakings and contrac of suretyship giving and granting unto said Attomey(s) -in -Fact hill power and authority to do and to perform evcrj act necessant requisite or proper to be done connection therewith as each of said corporations could do, but reserving to cash of said eorporat,ons full power of sabscnaion and revocation, and all of the awes of $a Auorcv(s) -in -Fact, Pursuant to th;sc presetu>, a rc hseby ratified and eonfirnmd. Thu Povccr or Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Director DEVELOPERS SURETYAND INDEMINITY COM11 ANY and INDEMNITY COMPANY OF CALIFORNIA, ciRctivc as of November 1, 2000: RESOLVED, that the Chairn:mm of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Pomvers Attorney. qualityine the attorcy(s) named in the Powers of Attomcr to excn:t -e, on behalf of the corporations, bonds undertakings ani contracts of suretyship; and that l: Secretary or anv Assistant Secretary of the corporations be, and cacti of them herby is, authorized to attest the execution orally such Power of Attorney; RESOLVED, FURTHER, that the signatures orsuch officers may be affixed to any such Power ofAnomey or to any certificate relatine thereto by facsimile, and any sue Power ofAttorncy or certificate bearim_ such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bon undenakin__ oreontmet ofsuretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have sc%cnll_v caused the presents to be signed by theirrespective Executive Vice President and aucsted by their reepectirc Srrciary this V day of November, 2000. By: . 'Ili AND /h David H. Rhodes, Executive Vice President ', JQE. PPO.. , h:'0 .� ;(O i0 ' SEAL 0,5. 1930 By.: N'xlter A. Crowell, Secretary 4,"s0�., /Owl* _ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) PPOq,9T v OCT.S O'v _ 1967 -_ _ _ CIFOPP\p - - - "'�- On November S, 2000, before mc, Diane J. Kavvata, personally appeared David H. Rhodes and \Valtcr A. Crowell. personally known to mo (or proved to me on the basis + satisfactory evidence) to be the persons whose names are subscribed to the within instrment and acknoMcdecd to me that they CSienled the same in their authorizr eapxitics, and That by their signatures on the insrnmant the entity upon behalf of which the parsons acrid, c.xcrotcd the irstmnrant. WITNESS my hand and official seal. L Si manse CERTIFICATE MANE J. KAVIATA COMM, 01167926 h'OTAMPUBLIC- C.ALIMRNA ' ORANGE COUNTY •. kY Cara fso.ltt B, 2JC2 The undcrtencd, as Chief Operarir_ Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, drn hereby certify that the foregoing Power ofAttomcy remains in full force and has not been revoked, and furthermore. that the provisions of the resolutions of the resp;clk Boards of Dirccmrs of said corporations set fonh in the Povccr ol'AUomcy, are in force as orthc date of this Certificztc. This CCrtil"CWC is excwted in the City of In irc, California, the 8TH day of MAY 2 0 3 David G. Lane, Chief Operating Officer In.I I'M t 114101 ALL. PURPOSE ACKNOADGEMENT State of California County y►of Q & tt� On /'ta`Y 2 1 i2 0 oA� personally appeared n D ❑ personally known tome before me, j4t?L,D/ •' BAMZAN JATTALA N Comm. /1359643 '^ NOTARY POBLIC•CA11FORNIA N 11, Cewry NY Comm. X;11 J 11 B. 78B8 �+ 210roved to me on the basis of satisfactory evidence to be the personk< -whose name(Sr is /an subscribed to the within instrument and acknowledged to me that he /sfte7tl ey executed the same in his /hetitheir authorized capacity(des�, and that by his /herOh-eir signaturefs-)on the instrument the person(s}- or the entity upon behalf of which the person(-sy acted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY- SIERRA, 880- 362 -3369 OTHER E E 0 a . i THE GROUP DISCLOSURE RIDER 0 Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three -year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 www.inscodico.com 05/15/2003 00:42 7146651527 DMA PAGE 02/02 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIA N LANDSCAPING 11- DOVF2R DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 DE ►IGNATION OF SUBCONTRACTOR(S1 State law requires tho listing of all subcontractors who will perform work in an amount in excess of ono -half of one patent 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. Substitiition of subcontractors shall be made only in accordance with State law and/or the Standard Soerifications for Public Works Construction, as applicable. Pursuant to Pubic Ccmtract Code Section 22300 appropriate securities may be substituted for any monies to be withhelc I to ensure performance under the Contract The Bidder, by signing this designation, certifies that bids from the following subcontractors have been u: ed in formulating the bid for the project and that these subcontractors YOH be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number f3c �. S)�. CoAd40 ->4e- fSc,attiiE!�1-ko-ft%be c,4 qz& al ?Ave, i4- CAMSe�e� L- Gada fvu sa- A Joe 3 2p Cgoq> —r9s -j~IS9 13bcWr . -'r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING 11 - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description i Approximate Construction Dates: From DL42-1 L01 O: & rd- Agency Name Contact Person Telephone c9 Original Contract Amount $(x10 Final Contract Amount $%Si UUO 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. un — 0 7 0 No. 2 Project Name /Number Project Approximate Constructiool.D�tes: From Agency Name 0 Contact Person �lil%► U &.4't t elephone (,�k34o Original Contract Amount $ % .3eve/inal Contract Amount $ S' 4 3co 4 00--i If final amount is different from original, please explain (change orders, extra work, etc.) c S/,tnt -ems N��' Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number Project Description h C 4c c- 6/-A/QJ Approximate Construction Dates: From To: to 6//&A3 Agency Name Contact Telephone po� Original Contract Amount &222Md tnal Contract Amount $57%6 o 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. X U 0 0 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 0 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. f Bidder r Authorized SignaturiVritle AZ, ZCC, /!r C74, 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING 11- DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 NON - COLLUSION AFFIDAVIT State of California ) ss. County of �^ Cna bei first du swom, de osgs and ,��aa ysthatheorsheis X of` ?�¢reviiCa�iC ! /fte party making the for going 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. -aYlk Bidder Aut onzed Signature/Tttle Subscribed and sworn to before me this Notary u! I My Commission Expires: 11 day of &:1 2003. [SEAL] RAMZAN JATTALA Comm. 11369643 tyy NOTARY PUBLIC- CAIJr0RN1A W OrenBe co"ty Hy Comm, 8epbee June B, 1008 "� 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING II - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 DESIGNATION OF SURETIES Bidders Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): C�nST� - 3555 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING II - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts v5 Q O A- i / 11P, QXIA- Total dollar Amount of Contracts S �S �� `� /A L/V (in Thousands of $ cllw /bc(Lt No. of fatalities O O IVI,* L,,V^ !A Q No. of lost Workday Cases Q Q IJIA IA C%V /A 0 No. of lost workday cases involving O O LWI^ � /vIIA 'IA Q permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of BidderTCOA IP. �T <i Tr1G. Business Address: (yam _ r (Q qtr. Pr -2�t�s -Fin , CA Business Tel. No.: tL_i)u�- iGc-i---; Ala 78U State Contractor's "License No. and I Classification: * - ? i G Title rnm ( I n �rnni(1 The above information was compiled frorh the records that are a ailata a 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 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING II - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 ACKNOWLEDGEMENT OF ADDENDA Bidders name�A C -cc4 -k.n Tilr, The bidder shall signify receipt of all Addenda here, if any: Date Received 15 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING II - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 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:T lTiA G a5accalp L(-vrk'GX;h( t �r2 C-t. Business Address: 'Tus n rA 9=0 Telephone and Fax Number.((n(-14nn �-ax California State Contractor's License No. and Class: *' -: -18Q14 A IC -,;Z-1 1H I C (REQUIRED AT TIME OF AWARD) Original Date Issued: P-7(o Expiration Date: 8 /emu I List the name and title /position of the person(s) who inspected for your firm the site of the work kpproposed in these -contract documents: &, The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone $1-7 M �I1nISAIA6r^ - Z Res i+ Ann N;lls CA 14c-5F-Q(j40 Corporation organized under the laws of the State of Cn -rnm ICJ 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: C A1Q- 1Z For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ANDo Are any claims or actions unresolved or outstanding? Yes® 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. Dconis A1Jr-iAge— (Print name of Owner or P esident .-{� I of Corporation/Company) I )r— (PP11C�r Tl C1C� Bidder J Authorized ignat e/Ti Title 51122, 4 Dates Subscribed and sworn to before me this A5 V4--j day of '2003. 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN LANDSCAPING II - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 IRVINE AVENUE MEDIAN LANDSCAPING II - DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 CONTRACT THIS AGREEMENT, entered into this ^ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and DMA GREENCARE CONTRACTING, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: IRVINE AVENUE MEDIAN LANDSCAPING 11- DOVER DRIVE TO HOLIDAY ROAD Project Description 3576 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidders 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. 3576, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred eight -nine thousand, nine hundred ninety -five and 561100 Dollars ($189,995.56). 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: Fong Tse (949) 644 -3340 DMA GREENCARE CONTRACTING 14032 Endede Center Drive, #220 Tustin, CA 92780 714 -665 -1995 714 -665 -1527 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, 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 21 0 10 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. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded, by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 • K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: J44� J, b'Dw1l/ U� CITY CLERK F-11 U U ZOTTA =1 . . "'. - 0 �uI�� "0 1 CITY OF NEWPORT BEACH A Municipal Corporatio *J By 25 DMA CONTRACTING, INC. By: Authoriz6d Signature and Iritle ACORD CERTIFICAT@PF LIABILITY INSURA io ' osi9iz PRODOCER (559)650 -3355 FAX (5 Landscape Contractors (Lic #0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno,, CA 93727 50 -3558 THIS CERTIFICATE IS ED 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 DMA Greencare Contracting, Inc., 14032 Enderle Center Drive j`JI't Suite 220 Tustin, CA 92780 'j r!� ', INSURERA: Everest National Insurance Co. INSURERS: GENERAL LIABILITY INSURER C: 01/01/2003 INSURER D: EACH OCCURRENCE INSURER E: 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 kDD`L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 1700003186 -031 01/01/2003 01/01/2004 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (F. �.rqnre� S 100,000 CLAIMS MADE T OCCUR $ S'000 MED EXP (Any one person) A X XCU- Coverage PERSONAL S ADV INJURY S 1,000,000 X 5250 PD DED GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,00 X POLICY PRO- JECT LOG AUTOMOBILE LIABILITY ANY AUTO 1700003186 -031 01 /01/2003 01/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per meson) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON- OWNEDAUTOS X X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILffY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO S EXCESSIUMBRELIA LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 3800001116-031 01/01/2003 01/01/2004 X I WC STATUS OTH- A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 OFFICER/MEMBER EXCLUDED? Kyea, describe under SPECAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: All California Landscape Operations See Attached ECG20SO11299, ECG205020100 & Auto A.I. CA20480299) * *WC Waiver of Subrogation is Attached * ** VA bef0 Ib Gf 9IY811 fof non-payenynt * * * * * * ** *This revises certificate dated 06/05/03 * * * * * * * * * ** P$a►golP+epotLllgOtgayrcil, City of Newport Beach Public Works Department 3300 Newport Blvd. P.0 Box 1768 Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, NdI1fi6XdhYTh1D41fXMM01A(1(XX AUTHORIZED REPRESENTATIVE Ida ACORD 25 (2001 /08) CACORD CORPORATION 1988 'POLICY NUMBER: 1700003186 -030 MIMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 11 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 06/16/03 Name of Person or Organization: City of Newport Beach its officers, officials Volunteers & employees As It pertains to All California Landscape Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ECG 20 501 12 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 THIS ENDORSE& CHANGES THE POLICY. PLEB READ IT CAREFULLY BLANKET ADDITIONAL INSURED(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization: 1. required to be named as an additional insured in a written contract or agreement; and 2. approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the Limits of Insurance under this insurance shall not be increased; 4. Any coverage that is not afforded under an additional Insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary Insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional Insured because of payments we make for injury or damage arising out of: a. Your ongoing operations, or b. 'Your work' done under a contract with that additional Insured and included in the 'products - completed operations hazard'. ECG 20 502 0100 Pape I of I , 0 0 POLICY NUMBER: 1700003186 -031 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTOMOBILE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless Modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This Indorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 06/16/03 Countersigned By: Named Insured: /,rQ/) DMA Greencare Contracting, Inc. t �u (Authorized Representative) SCHEDULE Name of Person (s) or Organization (s): City of Newport Beach its officers, officials Volunteers & employees As it pertains to All California Landscape Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page 1 of 1 ❑ WORKERS COMPENSATION AJWMPLOYERS LIABILITY INSUI*CE POLICY WC 04 03 06 (Ed. 4 -84; WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contras that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of you employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on suct remuneration. Schedule Person or Organization City of Newport Beach Job Description All California Operations per Individual Contract Subject to $100.00 Minimum Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information above is required only when this endorsement is issued subsequently to preparation of the policy) EFFECTIVE DATE: 06 /16/03 POLICY NUMBER: 3800001116 -031 ENDORSEMENT NUMBER: INSURED: DMA Greencare Contracting, Inc. PREMIUM S INSURANCE COMPANY — Everest National Insurance Company Countersigned By WC 04 03 06 (Ed. 04 -84) Copyright 1983 National Council on Compensation Insurance. JUN -25 -2003 WED 03:58 PM CAL URANCE FAX N0, 71 391654 P. 01 Fax*. 9%-4q—(DL1q 1,11V CERTIFICATE OF INSURANCE YtiD CHECKLIST City of Newport Beach This checklist is comrr!!pris/ed of requirements as outlined by the City of Newport Beach. Date Received: C, — 3 Dept. /Contact Received From: I / p Date Completed: (P—I Il `a 3 Sent to: I By: Company /Person required to have certificate: Q M A OKee de- , l v,drtL.fin a I. GENERAL LIABILITY A. INSURANCE COMPANY: roe r eg- in a di oio B. AM BEST RATING (A: VII or greater): A i' )r IV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? R Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? op_ mip E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yea ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its V ~� officials, I d? Yes ❑ No officers, employees and volunteers): includ rni ^ CONTRIBUTORY G. PRIMARY & NON - WORDIN (Must be included): Is it included? VYes ❑ 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 XINo 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: e -t-es+ O aC i yy-1 o B- AM BEST RATING (A: VII or greater): A-+_ X1 V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ZY95 ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? ( m,l a' E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its r� officers, officials, employees and volunteers): Is it included? C) 0)s KNo F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n /0.. 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: E-J 2 B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? Is it included? i i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE AVENUE MEDIAN LANDSCAPING 11— DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3576 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control /_t Gt/Met � V,, l' Dollars and Cents Per Lufnp Sum 3. Lump Sum Clear and Grub . dAecL ,LA,�At) Dollars and Cents Per Lump Sum $ 3 X1`3 �14 5. Lump Sum Furnish and Install Electrical System J' W4 @ Dollars and ,�/ Cents . _ Per Lump Sum 6. Lump Sum Furnish and Install Irrigation ystem @ Dollars and / -I Cents $ Y� ,✓ 0 Per Lump im 7. 15,150 S.F. Place Minimum 4" Thick Sand Bedding @ Dollars r and Cents $ Per Wiare Foot 8. 15,150 S.F. Construct Integrally Colored Median Stamped Con Zre and �i eX11 $ �) -�1 Per quare cot Cents $ 9. 5,750 S.F. Furnish and Install Moisture Barrier @ Dollars and a� Cents $ $ �. Per Squat Foot PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Furnish and Prepare Soil Amendments �v dw Dollars a._ and a� Cents �3 Per Lump Sum 5. Lump Sum Furnish and Install Electrical System J' W4 @ Dollars and ,�/ Cents . _ Per Lump Sum 6. Lump Sum Furnish and Install Irrigation ystem @ Dollars and / -I Cents $ Y� ,✓ 0 Per Lump im 7. 15,150 S.F. Place Minimum 4" Thick Sand Bedding @ Dollars r and Cents $ Per Wiare Foot 8. 15,150 S.F. Construct Integrally Colored Median Stamped Con Zre and �i eX11 $ �) -�1 Per quare cot Cents $ 9. 5,750 S.F. Furnish and Install Moisture Barrier @ Dollars and a� Cents $ $ �. Per Squat Foot 0 0 PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 11 12 13 14. 15 25,100 S.F. Furnish and Install Mulch @ iCi Dollars and Cents Per bare Foot 132 EA Furnish and Install 5- Gallon Bouganvillea Purple Queen @ Dollars and Cents Per Each 794 EA Furnish and Install 5- Gallon Juniperus Confirta 316 EA 4,100 S.F. $ .fir $2` $ /94e4� @�i Dollars /� and </ lGJ Cents $ ��_ $ �ll Per E h 0 %— Furnish and Install 5- Gallon Juniperus Old Gold @ Dollars �/ and Cents $ �l- $ 1. 3 Per Ea Furnish and Install Yellow Cascade @ Dollars �� and /� Cents $ Per, quare Foot Lump Sum As -built Drawings �1G j ollars and Cents e ump Sum Y7 $ 333 • • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum 90 -Day Plant Establishment and Maintenance Period ,,,,,{{ � All and Cents er Omp Sum TOTAL PRICE IN WRITTEN WORDS and 3 !' v nts $ � �/ S �v* " 3 Total Price (Figures) 04 TXmA C rPcn e, Qxyb nC' r , SrNc, Date Bidder J (--7w 5 -iagp� b'Ll l ,E -1 �- Bidder's Telephone and ax Numbers Bidder's Authorized Signat a and Title 2 8413Q F A /Ri Bidder's License No (s). and Classification(s) 140 rriPClP. -fir . Dr. ta0 Bidder's Address -7Ljnrh r1 . CA Ga-780 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IRVINE AVENUE MEDIAN LANDSCAPING 11 FROM DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 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 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5-2 PROTECTION 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7.5 PERMITS 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified Class 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 11 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 11 303 -5.1.4 Curb 11 0 SP 1 OF 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IRVINE AVENUE MEDIAN LANDSCAPING II FROM DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5185 -S); (3) Soil Report by Soil and Plant Laboratory, Inc., (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and the City of Costa Mesa Standard Drawings (current edition); and (6) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802,(714)517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of: preparation of traffic control plans, traffic controls, distribute construction notices to nearby residents within the cities of Newport Beach and Costa Mesa, clear and grub, construct stamped concrete, make water and electrical service connections, furnish and install irrigation system, furnish and install moisture barrier, mulch, and ground covers, plant establishment and maintenance, and complete other work items as shown by the Plans and Specifications." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "Where needed, the City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The 0 SP2OF11 Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property comer monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's California Licensed Civil Engineer or Surveyor shall also file the required Corner Records with the County of Orange Surveyor's Office 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. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4- -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles fumished by the Contractor shall be subject to thorough 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 fumish the Engineer full information as to the progress of the work in its • SP3OF11 various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting are required because of unsatisfactory results from failed tests or inspections for 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 to the first sentence of this section: "Due to the need to provide water service to the nearby public facilities, no water shutdown will be allowed for this project." 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 the pre - construction meeting. The Schedule may be bar chart or CPM style. The Engineer will review the Schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "No work shall commence before October 1, 2003. The Contractor shall complete all construction work under the Contract, excluding plant establishment and maintenance, within forty (40) consecutive working days but no later than December 5, 2003: 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in • SP 4 OF 11 September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), Day after Thanksgiving, and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM Monday through Friday. See Section 7 -10.3 for allowable times for lane closures. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or from 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. SECTION 7-- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS Replace the first sentence of this Section with "Upon Award from the City of Newport Beach, the Contractor shall apply and pay for the cost of an encroachment permit from the City of Costa Mesa for the City of Newport Beach with the Contractor as a separate rider permittee. Such permit application shall be completed and submitted in accordance with the City of Costa Mesa requirements (attached). A copy of said encroachment permit shall be submitted to the Engineer for records prior to the pre - construction meeting. The Contractor's lack of timely application for and securing the required City of Costa Mesa encroachment permit and therefore the delayed completion of work shall be sufficient reason for the assessment of liquidated damages. A City of Newport Beach encroachment permit is not required." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a construction 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. All water used during construction will be paid for by the Contractor. This includes water for flushing pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7 -8.6 Water Pollution Control. 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 entering into any catch basin." • • SP5OF11 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates for a rental charge of $15.00 per plate per week or part thereof. In addition, the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain the plates from and return them to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Operations Manager, Mr. Ed Burt, at (949) 718 -3402, for arrangements. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic controls and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) 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, parkways, or sidewalk areas. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised by the construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor will be responsible for processing and obtaining approval of the traffic control plans from the City's Traffic Engineer and from the City of Costa Mesa as a part of the encroachment permit process. The Contractor shall submit said plans to the Engineer - at least five working days prior to the pre - construction meeting. At the time of submittal, the traffic control plans shall have been approved by the City of Costa Mesa. All traffic control plans shall be prepared and signed by a California licensed Traffic Engineer. Such plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition and must meet the following Cities of Newport Beach and Costa Mesa requirements: 1. Emergency vehicle access shall be maintained at all times. 2. No traffic lanes shall be closed before 9:00 AM or after 4:00 PM. 3. Only the traffic lane adjacent to the medians may be closed during work hours. 4. All traffic lanes shall be open for vehicle use during non -work hours and whenever no work is being performed. 5. Provisions shall be made for motorists to make left and U -tums at alternating intersections. 6. Left -tum lanes that approach signalized intersections shall be maintained for public use at all times. SP6OF11 7. Solar- powered arrowboards shall be used in advance of all lane closures. 8. Whenever work is being performed atlaround the median "noses" and that sight distances for motorists are limited, flagpersons shall direct traffic when vehicles from the side streets need to cross over the Irvine Avenue centerline. 9. All existing driveways along Irvine Avenue between Dover Drive and Holiday Lane shall remain open at all times. 10. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 11. All advanced warning sign installations shall be reflectorized and /or lighted." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for the job -site conditions, including the safety of all persons and property during the performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and the 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. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 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. 0 SP7OF11 7 -10.7 Notices to nearby Residents. Ten working days prior to starting work, the Contractor shall deliver a city- provided construction notice to the nearby residents, within 500 feet of the project, describing the project and indicating the limits of construction. Forty-eight hours before the start of any construction, the Contractor shall distribute to the nearby residents a second city- provided written. notice stating when construction operations will start, what disruptions may occur, and approximately when construction will be completed. The Contractor shall insert the applicable dates and times when the notices are distributed. An interruption of work in excess of 14 calendar days shall require re- notification by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will requite Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of Award and until the completion of work, the Contractor shall possess a General Engineering Contractor "A" License. From the start of work until completion, the Contractor shall possess a current business license issued by the City of Newport Beach and a current business license issued by the City of Costa Mesa. 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. All Improvement/Construction Plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24- inch by 36 -inch mylar. The plans shall also include a City of Newport Beach Public Works Title Sheet. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). 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. 9 -3 PAYMENT SECTION 9 - -- MEASUREMENT AND PAYMENT • SP8OF11 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this Item shall include all preparation and scheduling of materials and equipment, the application and processing of a City of Costa Mesa encroachment permit, the coordination with the Southern California Gas Company for the SCE power drop, the distribution of construction notices, and other items of work necessary to complete the contract work. Item No. 2 Traffic Control: Work under this Item shall includes the preparation of traffic control plans, traffic controls, posting and removal of signs, delineators, traffic cones, barricades, arrowboards, steel plates, flagpersons, and all other work necessary to comply with the WATCH and the Cities of Newport Beach and Costa Mesa requirements. Item No. 3 Clear and Grub: Work under this Item shall include the removal and disposal of all existing interfering improvements to the various depths required to construct and /or install all of the new improvements, miscellaneous root pruning — if needed, and other items of work as shown on the Plans complete and in place. Item No. 4 Furnish and Prepare Soil Amendments: Work under this Item shall include the costs of all work and materials detailed on the attached Soil Report including, but not limited to, ripping or tilling at least the top 9 -inch of the existing soil after the clear and grub work has been completed, furnish the required amendments and prepare the top 6 -inch of the remaining soil in advance of plantings, and completed other items of work as shown on the Plans complete and in place. Item No. 5 Furnish and Install Electrical System: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to fumish and install all conduits, wires, components, cabinets, meters, controllers, and wire sleeves, connect electrical system to the Southern California Edison Company power supply point of connection as shown on the Plans, roadway trench restoration with full depth AC pavement shall be constructed per City of Costa Mesa Standard Drawing No. 813 (with minimum 36" cover), parkway trench restoration and sodding, system programming, and complete all work as required for a fully functional system to satisfaction of the Engineer. Item No. 6 Furnish and Install Irrigation System: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make "hot - tap" water connection, furnish and install backflow preventer, water meter, controllers, lines, valves, and sprinkler heads, roadway trench restoration with full depth AC pavement shall be constructed per City of Costa Mesa Standard Drawing No. 813 (with SP9OF11 minimum 36" cover), program and pressure test system, adjust coverage as required, provide system operation manuals to the City, train City personnel on system operations, and complete all work as required for a fully functional system to the satisfaction of the Engineer. Item No. 7 Place Minimum 4" Thick Sand Bedding: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to import and place compacted clean sand between the existing native and the proposed median colored stamped concrete. The finish surface of said sand bedding shalt have been graded for positive drainage per the Plans. Item No. 8 Construct Integrally Colored Median Stamped Concrete: Work under this Item shall include the cost of all materials, labor, and equipment to construct the colored stamped concrete, furnish and install No. 4 dowels at 50' intervals, furnish and install expansion joints at 50' intervals, and to complete all other items of work as required to complete the Work in place as shown on the Plans. Item No. 9 Furnish and Install Moisture Barrier: Work under this Item shall include the cost of all materials, labor, and equipment to install the moisture barrier in place as shown on the Plans. Item No. 10 Furnish and Install Mulch: Work under this Item shall include the cost of all materials, labor, and equipment to place the mulch complete in place as shown on the Plans. Item No. 11 Furnish and Install 5- Gallon Bouganvillea Purple Queen: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 12 Furnish and Install 5- Gallon Juniperus Confirta: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 13 Furnish and Install 5- Gallon Juniperus Old Gold: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 14 Furnish and Install Yellow Cascade: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant 9 0 SP 10 OF 11 watering until the start of plant establishment and aintenance period, and perform other items of work as required to complete the wo.* 4s shown on the Plans. Item No. 15 As -built Drawings: Work u[this Item shall include, but not limited to, the cost of all labor, materials, and equint to prepare and submit to the Engineer a complete and detailed set of as -built drawings upon two (2) weeks of construction completion. Such Drawing, in particular, shall include accurate information on the location of all electrical, irrigation, and water system components. Item No. 16 90 -Day Plant Establishment and Maintenance Period: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to provide weed abatement, maintain healthy plant growth, replace all unhealthy and /or dead plants, and perform other items of work as required to complete the work as shown on the Plans. 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. However, to accommodate improved workability during the concrete stamping process, the Contractor, at his own costs, may propose an equivalent- strength concrete mix to the Engineer for approval." PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this Section: "The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove all broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway, sidewalk, and parkway removals and replacements for the water, irrigation, and electrical service connections shall have a minimum trench width of 3- feet to facilitate adequate compaction." 11 300 -1.3.2 Requirements 0 SP 11 OF 11 (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 ul -w% inch" of the last sentence with the words 'two (2) inches". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1.4 Curb. Add to this section: "The Contractor shall install curb markings that indicate water or electrical location on the face of the curb. The Contractor shall mark the curb with a chiseled "W" for water lateral and a chiseled "E" for electrical lateral locations." x 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IRVINE AVENUE MEDIAN LANDSCAPING II FROM DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 INTRODUCTION PART 1-- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 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 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5-2 PROTECTION 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 x PART 2 -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified Class 10 PART 3--- CONSTRUCTION METHODS SECTION 300 • 0 10 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7.5 PERMITS 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 9 -3.2 Partial and Final Payment 10 PART 2 -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified Class 10 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 11 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 11 303 -5.1.4 Curb 11 i 0 SP 1 OF 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IRVINE AVENUE MEDIAN LANDSCAPING II FROM DOVER DRIVE TO HOLIDAY ROAD CONTRACT NO. 3576 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5185 -S); (3) Soil Report by Soil and Plant Laboratory, Inc., (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and the City of Costa Mesa Standard Drawings (current edition); and (6) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section: `The work necessary for the completion of this contract consists of: preparation of traffic control plans, traffic controls, distribute construction notices to nearby residents within the cities of Newport Beach and Costa Mesa, clear and grub, construct stamped concrete, make water and electrical service connections, furnish and install irrigation system, furnish and install moisture barrier, mulch, and ground covers, plant establishment and maintenance, and complete other work items as shown by the Plans and Specifications." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "Where needed, the City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The • SP2OF11 Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property comer monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's California Licensed Civil Engineer or Surveyor shall also file the required Comer Records with the County of Orange Surveyor's Office 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. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4- -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to thorough 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 SP 3 OF 11 used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer U Information as to the progress of the work in its various parts and shall give the Edgjneer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting are required because of unsatisfactory results from failed tests or inspections for 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 to the first sentence of this section: "Due to the need to provide water service to the nearby public facilities, no water shutdown will be allowed for this project." 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 the pre- construction meeting. The Schedule may be bar chart or CPM style. The Engineer will review the Schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "No work shall commence before October 1, 2003. The Contractor shall complete all construction work under the Contract, excluding plant establishment and maintenance, within forty (40) consecutive working days but no later than December 5, 2003." 0 SP 4 OF 11 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), Day after Thanksgiving, and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM Monday through Friday. See Section 7 -10.3 for allowable times for lane closures. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or from 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. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS Replace the first sentence of this Section with "Upon Award from the City of Newport Beach, the Contractor shall apply and pay for the cost of an encroachment permit from the City of Costa Mesa for the City of Newport Beach with the Contractor as a separate rider permittee. Such permit application shall be completed and submitted in accordance with the City of Costa Mesa requirements (attached). A copy of said encroachment permit shall be submitted to the Engineer for records prior to the pre- construction meeting. The Contractor's lack of timely application for and securing the required City of Costa Mesa encroachment permit and therefore the delayed completion of work shall be sufficient reason for the assessment of liquidated damages. A City of Newport Beach encroachment permit is not required." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City''s water, he shall arrange for a construction 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. All water used during construction will be paid for by the Contractor. This includes water for flushing pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious 0 • SP5OF11 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 entering into any catch basin." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates for a rental charge of $15.00 per plate per week or part thereof. In addition, the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain the plates from and return them to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Operations Manager, Mr. Ed Burt, at (949) 718 -3402, for arrangements. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: 'The Contractor shall provide traffic controls and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) 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, parkways, or sidewalk areas. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised by the construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor will be responsible for processing and obtaining approval of the traffic control plans from the City's Traffic Engineer and from the City of Costa Mesa as a part of the encroachment permit process. The Contractor shall submit said plans to the Engineer - at least five working days prior to the pre - construction meeting. At the time of submittal, the traffic control plans shall have been approved by the City of Costa Mesa. All traffic control plans shall be prepared and signed by a California licensed Traffic Engineer. Such plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition and must meet the following Cities of Newport Beach and Costa Mesa requirements: 1. Emergency vehicle access shall be maintained at all times. 2. No traffic lanes shall be closed before 9:00 AM or after 4:00 PM. 3. Only the traffic lane adjacent to the medians may be closed during work hours. 4. All traffic lanes shall be open for vehicle use during non -work hours and whenever no work is being performed. 5. Provisions shall be made for motorists to make left and U -tums at alternating intersections. 0 • SP6OF11 6. Left-turn lanes that approach signalized intersections shall be maintained for public use at all times. 7. Solar- powered arrowboards shall be used in advance of all lane closures. 8. Whenever work is being performed at/around the median "noses" and that sight distances for motorists are limited, flagpersons shall direct traffic when vehicles from the side streets need to cross over the Irvine Avenue centerline. 9. All existing driveways along Irvine Avenue between Dover Drive and Holiday Lane shall remain open at all times. 10. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 11. All advanced warning sign installations shall be reflectorized and /or lighted." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: 'The Contractor shall be solely and completely responsible for the job -site conditions, including the safety of all persons and property during the performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and the 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. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 0 0 SP7OF11 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to nearby Residents. Ten working days prior to starting work, the Contractor shall deliver a city- provided construction notice to the nearby residents, within 500 feet of the project, describing the project and indicating the limits of construction. Forty -eight hours before the start of any construction, the Contractor shall distribute to the nearby residents a second city- provided written notice stating when construction operations will start, what disruptions may occur, and approximately when construction will be completed. The Contractor shall insert the applicable dates and times when the notices are distributed. An interruption of work in excess of 14 calendar days shall require re- notification by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter fumished by the Engineer, 7 -15 CONTRACTOR'S LICENSES. At the time of Award and until the completion of work, the Contractor shall possess a General Engineering Contractor "A" License. From the start of work until completion, the Contractor shall possess a current business license issued by the City of Newport Beach and a current business license issued by the City of Costa Mesa. 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. All Improvement/Construction Plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24- inch by 36 -inch mylar. The plans shall also include a City of Newport Beach Public Works Title Sheet. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). 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. 9 -3 PAYMENT • SP8OF11 SECTION 9 --- MEASUREMENT AND PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this Item shall include all preparation and scheduling of materials and equipment, the application and processing of a City of Costa Mesa encroachment permit, the coordination with the Southern California Gas Company for the SCE power drop, the distribution of construction notices, and other items of work necessary to complete the contract work. Item No. 2 Traffic Control: Work under this Item shall includes the preparation of traffic control plans, traffic controls, posting and removal of signs, delineators, traffic cones, barricades, arrowboards, steel plates, flagpersons, and all other work necessary to comply with the WATCH and the Cities of Newport Beach and Costa Mesa requirements. Item No. 3 Clear and Grub: Work under this Item shall include the removal and disposal of all existing interfering improvements to the various depths required to construct and /or install all of the new improvements, miscellaneous root pruning — if needed, and other items of work as shown on the Plans complete and in place. Item No. 4 Furnish and Prepare Soil Amendments: Work under this Item shall include the costs of all work and materials detailed on the attached Soil Report including, but not limited to, ripping or tilling at least the top 9 -inch of the existing soil after the clear and grub work has been completed, furnish the required amendments and prepare the top 6 -inch of the remaining soil in advance of plantings, and completed other items of work as shown on the Plans complete and in place. Item No. 5 Furnish and Install Electrical System: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to fumish and install all conduits, wires, components, cabinets, meters, controllers, and wire sleeves, connect electrical system to the Southern California Edison Company power supply point of connection as shown on the Plans, roadway trench restoration with full depth AC pavement shall be constructed per City of Costa Mesa Standard Drawing No. 813 (with minimum 36" cover), parkway trench restoration and sodding, system programming, and complete all work as required for a fully functional system to satisfaction of the Engineer. A • SP 9 OF 11 Item No. 6 Furnish and Install Irrigation System: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make "hot - tap" water connection, furnish and install backflow preventer, water meter, controllers, lines, valves, and sprinkler heads, roadway trench restoration with full depth AC pavement shall be constructed per City of Costa Mesa Standard Drawing No. 813 (with minimum 36" cover), program and pressure test system, adjust coverage as required, provide system operation manuals to the City, train City personnel on system operations, and complete all work as required for a fully functional system to the satisfaction of the Engineer. Item No. 7 Place Minimum 4" Thick Sand Bedding: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to import and place compacted clean sand between the existing native and the proposed median colored stamped concrete. The finish surface of said sand bedding shall have been graded for positive drainage per the Plans. Item No. 8 Construct Integrally Colored Median Stamped Concrete: Work under this Item shall include the cost of all materials, labor, and equipment to construct the colored stamped concrete, furnish and install No. 4 dowels at 50' intervals, furnish and install expansion joints at 50' intervals, and to complete all other items of work as required to complete the Work in place as shown on the Plans. Item No. 9 Furnish and Install Moisture Barrier: Work under this Item shall include the cost of all materials, labor, and equipment to install the moisture barrier in place as shown on the Plans. Item No. 10 Furnish and Install Mulch: Work under this Item shall include the cost of all materials, labor, and equipment to place the mulch complete in place as shown on the Plans. Item No. 11 Furnish and Install 5- Gallon Bouganvillea Purple Queen: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 12 Furnish and Install 5- Gallon Juniperus Confirta: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 13 Furnish and Install 5- Gallon Juniperus Old Gold: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant 9 SP 10 OF 11 watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 14 Furnish and Install Yellow Cascade: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 15 As -built Drawings: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to prepare and submit to the Engineer a complete and detailed set of as -built drawings upon two (2) weeks of construction completion. Such Drawing, in particular, shall include accurate information on the location of all electrical, irrigation, and water system components. Item No. 16 90 -Day Plant Establishment and Maintenance Period: Work under this Item shall include, but not limited to, the cost of all labor, materials, and equipment to provide weed abatement, maintain healthy plant growth, replace all unhealthy and /or dead plants, and perform other items of work as required to complete the work as shown on the Plans. 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. However, to accommodate improved workability during the concrete stamping process, the Contractor, at his own costs, may propose an equivalent - strength concrete mix to the Engineer for approval." PART 3 CONSTRUCTION METHODS SECTION 300 — EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 0 • SP 11 OF 11 300 -1.3.1 General. Add to this Section: "The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove all broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway, sidewalk, and parkway removals and replacements for the water, irrigation, and electrical service connections shall have a minimum trench width of 3- feet to facilitate adequate compaction." 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 ?% inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 --- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1.4 Curb. Add to this section: 'The Contractor shall install curb markings that indicate water or electrical location on the face of the curb. The Contractor shall mark the curb with a chiseled 1W water lateral and a chiseled "E" for electrical lateral locations." F :IUSERS\PB%MShared\Contracts\FY 02 -03\IRVINE AVE MEDIANS 11 - C- 3576ZPECS C- 3576.doc • ! CITY OF COSTA MLSA CALIFORNIA 92628-1290 P.O. BOX 1200 FROM THE DEPARTMENT OF PUBLIC SERVICESIENGINEERING DIVISION CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT ENCROACHMENT PERMIT REQUIREMENTS 48 HOURS MINIMUM REQUIRED FOR PROCESSING PERMIT IN ORDER TO APPLY FOR AN ENCROACHMENT PERMIT FOR WORK WITH IN THE PUBLIC RIGHT -OF -WAY, THE FOLLOWING INFORMATION IS THE MINIMUM THAT MUST BE SUBMITTED: 1. Detailed drawing showing proposed work (3 copies) to be approved by Engineering Division prior to permit issuance. 2. Contractor's Information. Work within the public right -of -way must be performed by a licensed contractor qualified for such work. Contractors information to be submitted as follows: A. Contractor's name, address, phone number B. 24 -hour emergency contact name and phone number C. Copy of State Contractors License Number D. Copy of Contractor's Certificate of Insurance dated within 30 days (see back for Insurance Requirements) E. City Business License Number 3. Proposed start and completion date of work. 4. DIG ALERT Ticket No. (Call 1- 800 - 227 -2600 to obtain Ticket No.) 5. Permit fees and deposit (if required, see fee schedule). 6. If lane closure is proposed applicant must submit traffic control plans to be approved by the Transportation Services Division prior to permit issuance. Other submittals may be required depending on nature of job. Please contact the Engineering Division at 714 - 754 -5323 for additional information. www wpa -swca us PHONE, (71A) 754-5313 FAX (?lt) TSI�gtB : (j/4176( -SC,f4 :. r F COSTA C1 Y OF i a TO WHOM IT MAY CONCERN: Subject: City of Costa Mesa - lnsu, ance Cerificate Requirements The following InSUrance reyL4rErnECs, as es:acllsyad in t ;e Costa Mesa Municipa! Code, must be met for site cccesS and flgn i;i -7lci z =r11is: 1) Ccmmercia! General Liabiiibi a) S million per occur - =..c= b) City to be named as ,_ a'. Cl ;tinCi rosy rC .r1 .: rn +� rN.' ','-I V IS COVeraQC C) 30 �thirw) days nctic= ci 2) -) KLA:rd Auto UECiiiy: S1 miilicn pe- c curve -ca Proof C; Wo�:< = -5 C::C��E. ^s .Z.Incera!y, Karen L. -".dams Fisk Manager 1 �j 3 1Ap-r*liotion and Permit for "Ok Described Below • VE'qDOR NO. I !� Address or Location of Work Type of Work to be Done Slaty Date Contractors Name Telephone No. (Day) _ State License No./Class Applicant's Name Telephone No. _ Name of Insurance Co. Permit Not Vatic After (Night) Developers (Expiration Date) Plan No. Address City and State City Business License No. Insurance Cert. No.(S) Telephone Date 24 -Hour Emergency Contact Telephone No. FEES 48 HOURS MINIMUM REQUIRED PERMIT APPROVED FOR CITY ENGINEER Bond s FOR PROCESSING PERMIT Cash Deposal E By Issuance S Cate 5 Account Inspection TOTAL S Underground Service Alert ID No. Perminee snail contact me City Insoeciors office (754 -5025; at leas; 24 hours prior to commencing any work. Failure to obtain proper inspections prior to cornmercement of work ma be cause for is rejection.. THIS PERMIT WITH APPROVED PLANS MUST BE ON THE JOB AND AVAILABLE TO CITY REPRESENTATIVES AT ALL TIMES. You are guided by Municz— Code Sections 1 -33, 1E -25,15-27.15-27.1. 15.39 and 15-48. THE UNDERSIGNED PERMrrrEE HEREBY CERTIRES: 1. That all work shall be performed in accordance with the Standard Specifications for Public Works Construction (latest edition); Standard Drawings of the City of Cos:: Mesa; special agency provisions: and all appitcattie laws and ordinances. 2. Control of ntfz shah conform to me Work Area Traffic Control Handbook (W A.T.C.H.) [latest edition). The pennittee snail furnish aneJor install all signs. fights, barricade_ ta6c contra or waming devices, flagmen and fiaminc artow board. The oermittee shad obtain aopmvai of the Transpamitior Services E.9hiser for all street closures, detour turn restrico- s, pamrig prohiations and methods of accommodating traffic. The pemtibee snail notify Emergency. Fire and Police services and residents or businesses rwenr. four (24) hours in advance of any access limitation o: traffic restrictions. 3. Tnat a maximum of __ lane(s) may be closed it necessary to perform work whin the public ight of way during the hours of 8:30 a.m. - 3:30 pun Monday throuc. Friday as long as traffic can oe maintained in each direction with flagmen unless otherwise approved by file Transportation Services erlgineer- 4, Tnat throughout all phases of construction the won, she shad be kept clean and free of mooish, debris and dust and drainage shall be maintained. SUBJECT TO THE NOTES 8ELOW: (Inspection fees over the basic Inspection time will be b01eo at the approved hourty rat:) 1. City will pmvde insaeclion between 7:30 a.m. and 2:DD p.m., Monday m:ough Friday (excapt on City observed holidays). 2 Prior to placing Portland Cemem Concrete or Asphah, Concrete (A.C.), me following will have been inspectM and approved: native 0 and imported ❑. 3. Curb and gutter shall not be removed on the day prior to a weekend or a City observed holiday. 4. RI in areas left by cum and gutter removal Bush with the adjacent pavement on the same day that removal occurs. . S. Bare under all streets, cums and gutters, sidewalks. cross-gutters we driveway approaches. Tunneling is not allowed. 6. Open excavations nest be ba.:kfilled or plated with spikes and A.C. aciued around edges during ncn- working hours. 7. Sidewalk shall be constructs: per City of Costa Mesa Standard Drawing No. v 8. Driveway approach snail be constructed per City of Costa Mesa Standard Drawing No. 9. No Initfic allowed on concrete for minimum of seven Bays for cuing. See liat0c control above. 10. Trench comoaclion and resurfacing snail sonfo,m to City of Costa Mesa Standard Drawing No. 812. 11. Trenches exceeding five (5) feet in depth require a permit fmm the Division of Industrial Safety, Slate of California. 72. Permittee snail pay for all S.E., comoac;ion anc materials tests deemed necessary by me City. 13. All lrenehes snail be permanently patched within ter. (10) days of cometxlwn of work below subgraoe. 14. Perminee snail provides the City with record drawings of permitted work before final inspection by the City. .J 15- Pemtittee 1nferslancis and agrees to the hold -na mless agreement reouired by CMMC Section 15-27 and Dnnted on the reverse of this application. 16. Diner. NOTICE Contractor must notify the following Utility Companies two working tlays Vlore starting won,: Costa Mesa Sanitary District Mesa Consolidated Water District UNDERGROUND SERVICE ALERT (TI 4) 631 -1731 (714) 631 -1208 Toll Free - 1422-1113; After Hours 6 Holidays - (714) T39 -3031; (213) 621.311'. INSPECTION RECORD Insdector of Re_ords: CERTIFICATE OF INSPECTION Dave Rema,xs I hereby cenify that the street won, constructed ed mix permit has been and sp fed according d the plans and specifications s and I hereby accept the won, in 1AS manner. By msvccror pare WMx I certify I have read and understand all of the above and that all statements made are Correct and complete. � �nspK'TS. GNry - En @nee•m^w. Pied GnanCG GobmoO - ,o>.:v+t appl,canl'S Signature Dale 3 COPIES OF SKETCHES CHEES OR PLANS ARE REOUIRED PRIOR TO PERMIT ISSUANCE THIS APPLICATION SECOMF.R, m r I 1, 1� n 7 I i N W � Q NS U N Z V a tu U)w tu O LU U) Uu' U U. W = Q en cn = H 1 U c 0 N N O O O N m r I n 7 N O O O U O y N = m V N J - .m N C w co m y O_ O C C H m m U c c N CL O o CL m U G m N 3 O O C. m (� m (cQ C m cu m m y m C 7 7 m O C V m O O m N m 3 > 'm 0 d N d O N m C G G C y n m CD 0 LL lL lL u L .0 a Q li o° o o° o o o° o° a° o° o° o° o° o o o° e o 0 0° o° e F LLI I11 m O m O O /D M O r c 0 �0 0 0 .- O O O O r N co Z y cn U[ O O :� C O N Cn o r .-- O v O m 0 0 0 0 0 M LO W ¢¢ o 6 0 o 0 o O tl O r 1� o vi 6 o O Oi 0 0 0 0 0 U W C r a ? c 0 0 0 0 0 0 0II o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o olo�0 0 0 0l0 0 0 o a c o 0 0 0 0 uq N C 0 O LL7 1[1 U( 1 i O 6 0 o 6 6 �O o 6 o 6 C C C O r 10 O Q1 O b �0 !� N �O N 7 O q t0 C N 47 Of r W r N r C N N N r N N e- fD N W LL r r Z wwwwenwwwww wwwwww wweswwwww 0 0 0 0 0 0 O I O O O O O O O d O O O O O O O O Z 0 N O o O LO O o 0 t0 O O 0 0 L) 0 i0 0 0 0 0 c0 O W G1 M v O N f-- c0 in v 1� O Q N N d c0 Ln m N cn N a W r r O N N N r N C r 0 Q, LU C LL 7 U u� cn cs se w w en u> ea Va w va ea w w to f» va fa c» va bq 4A cfl m m N C r z C O m s m F- y O m a m co U¢ .E c m JE `0 r y _. _ c Co m o W E y y- Cp m V a LL N w E a m .E � E .m. v m CU N a� E d LL a d G y U 0 a r 0 `m E d a E c o o N cmi v° c L m i n' E U a >- m° Ix ami aci U m` om m ml y cw¢ E n a y o a° E Q 6 yO 0 m G C/3 p t m m c m IV d m m m m m m z °: _19mOUoc4wa o a amwi ,P1 . 0.2' A' B' UNDER 2' 0.50' OVER 2' 1.0' SEE NOTE IT AND TABLE HEREON BACKFILL ZONE SEE NOTE 12 WHEELCUT, WCUT REPLACEMENT PAVEMENT A.C. OR P.C.L. A' EXISTING PAVEMENT 0.65' MINIMUM C.A.B. OR SLURRY FOR LOCAL STAEET9 B 1.00' MINIMUM G.R.B. OR SLURRY FOR HIGHER TWf1C STREETS. (' SED 4 -16 -86 TY OF COSTA MESA NIA SC IAN CALIFOR TRENCHING DETAIL PUBLIC SERVICES DEPARTMENT IAIMtOVED ���� � DATET/T M 161 HHIIIIIOE MATT"* N.C.E.: IN]No 1.0' MINIMUM BEDDING "A": AS PER SUBSECTION 301 -1.2.1 OF THE STANDARD PIPE ZONE 3p-Cc-1FrcATroNs. SLURRY, C.A.B., OR AS SPECIFIED, COMPACTED 0.50' 0.50' TO THE SATISFACTION OF THE CITY ENGINEER. OR D' f OR 10' BEDDING 'B': CONCRETE _ AGGREGATE, C.A.B., C.M.B., OR AS 0.1' ,L\ SFE�Ci'(t:D: NAXIMUN GRADATION = NO. Z COMPACTED TO THE.. SATISFACTION OF THE CITY ENGINEER. - D /10 _ �\` D /10 BUT NOT \\Y/� \ \��� \ \ \��� \ \ \��/���i� LESS THAN .5' *WHICHEVER IS LESS BUT NOT UNDISTURBED FOUNDATION LESS THAN .35 NOTES: 1. ALL EXCAVATION AND CONSTRUCTION OPERATIONS SHALL COMPLY WITH THE REQUIREMENTS OF CALIFORNIA DIVISION OF INDUSTRIAL SAFETY AND THE WORK AREA TRAFFIC HANDBOOK. (W.A.T.C.H. LATEST EDITION). 2. ALL TRENCHES WHICH ARE TRANSVERSE OR DIAGONAL TO EXISTING OR FUTURE STREETS (INCLUDING ALL INTERSECTION CROSSINGS), ALL LONGITUDINAL TRENCHES IN THE STREET WITHIN 1.5' OF THE EDGE OF THE GUTTER OR CURB (IF NO GUTTER), AROUND MANHOLES, AND ALL NARROW (LESS THAN 2') LONGITUDINAL TRENCHES WHICH ARE LESS THAN 20' LONG SHALL BE BACKFILLED WITH CLASS 100 -E -100 SAND- CEMENT SLURRY. ALL OTHER CONDITIONS SHALL BE BACKFILLED WITH SLURRY, C.M.B., OR C.A.B. OR AS SPECIFIED. 3. BACKFILL AND COMPACTION METHODS SHALL CONFORM TO SUBSECTION 306 -1.3 OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (LATEST EDITION), EXCEPT THAT 95% MINIMUM RELATIVE COMPACTION SHALL BE REQUIRED WITHIN THE STRUCTURAL SECTION AND 0.5' BELOW, WITH 90% REQUIRED IN THE REMAINDER OF THE BACKFILL ZONE. 4. ALL REFERENCES TO SLURRY SHALL MEAN CLASS 100 -E -100 SAND - CEMENT SLURRY. (� �} �1 S. ALL A.C. REPLACEMENT REQUIRES A TACK COAT ON EXISTING EDGES AND A SEAL COAT ON THE SURFACE. 6. ALL WORK SHALL CONFORM TO THE CITY OF COSTA MESA "GUIDELINES FOR TRENCH EXCAVATION" ATTACHED HERETOr 7. PRIOR TO PLACING BACKFILL, CALL CITY OF COSTA MESA ENGINEERING DIVISION FOR BEDDING INSPECTION. B. THE WHEEL CUT OR SAWCUT OF A.C. SHALL BE A STRAIGHT, CLEAN LINE ACCEPTABLE TO THE CITY ENGINEER. 9. WHERE A.C. EXCEEDS 0.5' IN THICKNESS, ALTERNATE PAVEMENT REPLACEMENT THAN REQUIRED HEREIN WILL BE SPECI- FS£D BY THE CITY ENGINEER. 10. PRIOR TO PERFORMING ANY WORK IN THE PUBLIC RIGHT -OF -NAY, A PERMIT MIST BE OBTAINED FROM THE CITY OF COSTA MESA ENGINEERING DIVISION. 11. ON ALL HIGHWAYS SHOWN ON THE MASTER PLAN OF HIGHWAYS, A'-B'-B' SHALL BE OF A WIDTH SUFFICIENT TO ACCOM- MODATE A SELF - PROPELLED STEEL ROLLER. 12. THIS STANDARD SHALL APPLY TO ALL UTILITY CUTS IN THE PUBLIC RIGHT -OF -WAY. C.A.B.: CRUSHED AGGREGATE BASE AS PER SUBSECTION 200 -2 OF THE STANDARD SPECIFICATIONS L.M.B.: I CRUSHED MISCELLANEOUS BASE SED 4 -16 -86 TY OF COSTA MESA NIA SC IAN CALIFOR TRENCHING DETAIL PUBLIC SERVICES DEPARTMENT IAIMtOVED ���� � DATET/T M 161 HHIIIIIOE MATT"* N.C.E.: IN]No MAY � r 2003 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT r C-353-� DA-ogo (�qlv) Agenda Item No. 9 May 27, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Associate Civil Engineer 949 - 6443311 ftse@dity.newport-beach.ca.us SUBJECT: IRVINE AVENUE MEDIAN LANDSCAPING II (DOVER DRIVE TO HOLIDAY ROAD) - AWARD OF CONTRACT NO. 3576 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3576 to DMA Greencare Contracting for the Total Bid Price of $189,995.56, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $18,954.44 to cover the cost of unforeseen work. 4. Approve a Budget Amendment appropriating $62,530 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261 - 05100696. DISCUSSION: At 10:00 AM on May 14, 2003, the City Clerk opened and read the following bids for this project: BIDDER Low DMA Greencare Contracting 2 Mega Way Enterprises 3 Pierre Sprinkler and Landscape 4 Marina Landscape, Inc. 5 Pima Corporation * Corrected Bid Amount is $189,995.56 ** Corrected Bid Amount is $229,746.10 * ** Corrected Bid Amount is $281,240.00 TOTAL BID AMOUNT $189,851.53 $213,707.50 $219,966.00 $229,747.00 ** $280,700.00 * ** Subject: Irvine Avenue Met Landscaping 11 from Dover Drive to Holiday Rd — Award of Contract No. 3576 May 27, 2003 Page: 2 The low total bid amount is approximately twenty percent below the Engineer's Estimate of $237,000.00. The low bidder, DMA Greencare Contracting (DMA), possesses a General Engineering "A" contractor's license as required by the project specifications. A check of DMA's references indicates that DMA has completed various landscaping and irrigation projects for other Southern California agencies. This contract provides for the construction of integrally colored stamped median concrete along the length of the medians and the installation of moisture barrier, mulch, ground cover, and an irrigation system. Due to the existing shallow storm drain below the medians, no trees are proposed for this project. The ground cover will be the same as that recently installed within the medians between Westcliff Drive and Dover Drive. DMA is required to start the work on October 1, 2003, after the nearby Irvine Avenue Water Transmission Main Project has been completed. All of the construction work will be completed within forty (40) consecutive work days. The plant establishment and maintenance period will extend the project completion for ninety (90) days. Environmental Review: Staff has determined that this project is exempt from the Califomia Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project consists of the beautification of existing landscaping within the medians and would not impact any environmental resources. Funding Availability: Additional funds in the amount of $62,530 are needed for this project. The funds are available in the Circulation and Transportation fund balance. Upon approval of the recommended Budget Amendment there will be sufficient funds available in the following account for the work: Account Description Irvine Avenue Medians Prepared by: Fong se, P.E. Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Account Number Amount 7261- C5100696 $208,950.00 Submitted by: mii G. Badum Works Director 2 Z V W W m / a O a o 3Y W lu z0 03 J U eck a 4 0 i Q Q r 80 O W H 0 p yr Y U o U U � Z W O¢ Q � r O O J LL p m m 88 O F y N O a N LL C s `o m 0 C m ZU — 2 W U Z Z W0zg 0�58� 8558��585��Q8QQQ88$8c8c��$88585��585��0 D��S 25t52S Yiva�e 6nvnY� i CO (V O ad ad P P N c0 Cd (.DV Q N C O O H Op. 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V v m 0 E] 7�2 � \k )k\ }kk )f/ / `ity of Newport Beado BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 070 AMOUNT: $ez,53o.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Irvine Avenue Median Landscaping II Contract, C -3576. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) FundlDivisicn Account EXPENDITUREAPPROPRIATIONS (3603) Description Circulation & Transportation Fund Balance Description Amount Debit Credit $62,530.00 Signed: <L-et� `. l// J Financi roval: Administrative Services Director Date Signed: _9�� Administrative Approval: City Manager c Delp Signed: City Council Approval: City Clerk Date Description Division Number 7261 Transportation & Circulation Account Number C5100696 Irvine Avenue Median Landscaping $62,530.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: <L-et� `. l// J Financi roval: Administrative Services Director Date Signed: _9�� Administrative Approval: City Manager c Delp Signed: City Council Approval: City Clerk Date fty of Newport Beach* BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 070 AMOUNT: $62,530.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance MAY (''I 2003 This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Irvine Avenue Median Landscaping II Contract, C -3576. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description Circulation & Transportation Fund Balance. Description Description 7261 Transportation & Circulation C5100696 Irvine Avenue Median Landscaping Administrative Director City Council Approval: City Clerk Amount Debit Credit $62,530.00 $62,530.00 Date 5 Da 5h-;I,A3 Date