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HomeMy WebLinkAboutC-3612 - Mariners Village Landscape ImprovementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC March 23, 2005 Belaire -West Landscape, Inc. P. O. Box 6270 Buena Park, CA 90622 Subject: Mariners Village Landscape Improvements (C -3612) To Whom It May Concern: On March 23, 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 May 4, 2004. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 8697382. 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 FOUR COUNTERPARTS, . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 BOND NO.8697382 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,953.80 being at the rate of $ oc thousand of the Contract price. °$1.15 FOR THE FIRST-$100,000AND $9.20 FOR THE REMAINDER PER THOUSAND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Belaire -West Landscape, Inc., hereinafter designated as the "Principal ", a contract for construction of MARINERS VILLAGE LANDSCAPE IMPROVEMENTS, Contract No. 3612 in the City of Newport Beach, in strict conformity with the plans, drawings, specif cations, 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. 3612 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY. OF MARYLAND ' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred ninety -five thousand, nine hundred forty and 001100 Dollars ($295,940.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our . heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly.keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. W As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20.TH day of Belaire -West Landscape, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF Name of Surety 225 S. LAKE AVE.., 170,0 PASADENA,, CA 41101 Address of Surety C626)742 -2311 Telephone KELLY A. SAITMAN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNnWLEDGEMENT State of California SS. County of San Bernardino On June 20, 2003 before me, Name and Tide of Officer (e.g., "Jane Doe, Notary Public') Personally appeared Kelly A. Saitman Name(s) of Signer(s) x personally known to me O proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner — O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here to be the person whose name is subscribed to the PAMELA MCCARTHY within instrument and acknowledged to me that she commissions 1354310 Notary Public - Cellfomle executed the same in her authorized capacity, that by her.signature the instrument the San eemanfino County and on person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner — O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Orange J } ss. County of On before me, Juli Davenport, Pdotary Da Name and Tile of Officer (ug_'Jane Doe. Norery Puck') per' nally appeared an Strui ksma , Namejs) of signers) . personally known to me G proved to me on the basis of satisfactory evidence JULI DAVENPORT Commission i 1371439 z � Notary Public- Caliiomla � Orange County My Comm. E*iresAug 23, 2006 _ to be the person(o whose nameO is /arF subscribed to the within instrument and acknowledged to me that h¢ /she /they executed the same in h)b /her /tl bir authorized capacity()es), and that by his /her /tf)eir signature() on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand A off ++icci�ial seal. Y� signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc Title or Type of Document Document Date: fl Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Jan Stru i ksma C Individual t Corporate Officer— Title(s): President C Partner — ❑.Limited ❑ General C Attorney -in -Fact r Trustee C Guardian or Conservator Other: Signer Is-Representing: Belaire -West Landscape, Inc. RIGMTTHUMBPRINT OF SIGNER 0 1999 National Notary Avocation • 9350 De Som Ave.. PO. 3..24(c? • Ch.... CA 91313 -2402 • w,wLnaOanalnbl2ry.ory Prod No. 59071 Reorder. Ul Tcllflae 1- 900-a79Ea27 r] May 4, 2004 Belaire -West Landscape, Inc. P.O. Box 6270 Buena Park, CA 90622 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: Mariners Village Landscape Improvements (C -3612) To Whom It May Concern: On March 23, 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 March 30, 2004, Reference No. 2004000260274. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 8697382. Enclosed is the Labor & Materials Payment Bond. Sincerely, o',� LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 www.city.newport- beach.ca.us EXECUTED IN • • FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 BOND NO. 8647382 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 Belaire -West Landscape, Inc., hereinafter designated as the 'Principal," a contract for construction of MARINERS VILLAGE LANDSCAPE IMPROVEMENTS, Contract No. 3612 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. 3612 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, =IDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of two hundred ninety -five thousand, nine hundred forty and 00 /100 Dollars ($295,940.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any -other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 • The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20TH day of JUNE 2003 Belaire -West Landscape, Inc. (Principa() FIDELITY AND DEPOSIT COMPANY OF MARYL Name of Surety 225 S. LAKE AVE, 11700 PASADENA, CA 91101 Address of Surety (626)792 -2311 . Telephone KELLY A. SAITMAN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California ss. County of San Bernardino On June 20. 2003 before me, Personally appeared Kelly A. Saitman Names) of Signer(s) WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, R may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: O Individual O Corporate Officer O Partner — O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb hero x personally known to me O proved to me on the basis of satisfactory evidence PAMELA MC CARTMY commissions ta�ato to be the person whose name is subscribed to the z z 6WComm.E)#tasA4Pr30,2M0W Notary Public California within instrument and acknowledged to me that she San aemaMino County coun> executed the same in her authorized capacity, P �, and that by her signature on the instrument the J�sv�v� person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, R may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: O Individual O Corporate Officer O Partner — O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb hero 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange I ss. 0 o?nally before me, Juli Davenport, Notary blue Name aM itle of Officer (a.g.,'Jaire Ooa, Notary Public pe ap peared �dn Struik , Name(s) of Signers) 6 personally known to me ❑ proved to me on the basis of satisfactory evidence JULI DAVENPORT Commission i 1371439 Z Notary Public - Califomia 3i Orange County N y Coma• Aug 23, 2006 to be the person(• whose name() is /ark subscribed to the within instrument and acknowledged to me that I)b /she /tf/ey executed the same in hys /her /tl*ir authorized capacity(es), and that by his /her /tt)eir signature() on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. WITNF4§ my hand official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number ^Ai Capacity(ies) Claimed by Signer Jan Stru i kSmd Signer's Name: S 5 ILL 3 _ Individual Top of thumb here i n Corporate Officer— Tile(s): PreSldent Partner — C Limited F: General Attorney -in -Fact Trustee a - Guardian or Conservator S y = Other: r. Signer Is Representing: Be] ai re-Wes t Landscape, Inc. s a, .- , Pe - ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $,waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year, and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. -In -the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carne "r (as defined m section 4tiTOZ'of title 4S, U`riiied t7 States Coded oi` a LTnite`d States flag vessel "poi= a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights on der the bond. Copyright Zurich American Insurance Company 2003 - 0050749.doc 0 • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, whit set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s l� ate, constitute and appoint Kelly A. SAITMAN, of Ontario, California, its true and lam Rpany., to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and d on ngs and the execution of such bonds or undertakings in pursuance of these as fully and amply, to all intents and purposes, as if they had be a 4ne4 regularly elected officers of the Company at its office in BaltimRr9;7W n,prRR The said Assist Section 2, of the I IN WITNESS affixed the Corp A.D. 1999. ATTEST: 'gyp otvpSi 1111 � 4 � State of Maryland ss: City of Baltimore he bre `�t ri ct set forth on the reverse side hereof is a true copy of Article VI, d ' ow in force. �-satd Vice - President and Assistant Secretary have hereunto subscribed their names and said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of March, FIDELITY AND DEPOSIT COMPANY OF MARYLAND I T. E. Smith Assistant Secretary By: M. J Anderson Vice President On this 25th day of March, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J Fader Notary Public My Commission Expires: August 1, 2004 POA -F 012 -7170A 0 • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may requirp, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 20TH day of JUNE 2003 Assistant Secretary � • '1i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clem/ !.= 1 > . `I City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663;;. Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder 1111111111illlllllll Illlf llllllllllNII 111!lIIlllllllllllillllllll!!NO FEE Zoo ,9 N,Z 004000260274 02:23pm 03/30/04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recordin ees pursuant to Government Codeection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Belaire -West Landscape, Inc., of Buena Park California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Mariners Viltage Landscape Improvements (C -3612) Work on said Contract was completed on February 7, 2004, and was found to be acceptable on March 23. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. M Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BYi� City Clerk at Newport Beach, California. r CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC March 24, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: .Notice of Completions for: 1) Irvine Avenue 12 -inch Eater Main Replacement (C -3450) 2) Balboa Island Bayfront Repairs (C -3554) 3) Mariners Village Landscape Improvements (C -3612) 4) Sidewalk, Curb and Gutter Replacement (C -3629) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, R 4,&, q ,6bw LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300.Newport Boulevard Newport Beach, CA 92663 "Exempt om recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Belaire -West Landscape, Inc., of Buena Park California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Mariners Village Landscape Improvements (C -3612) Work on said Contract was completed on February 7, 2004, and was found to be acceptable on March 23. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Director �rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (� Executed on °��/ ���! at Newport Beach, California. BYU�vn City Clerk �Fa 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU' `E8V'— 1 CRY OF FROM: Public Works Department R.Gunther, P.E. MAR 3 2004 949 - 644 -3311 rgunther @city.newport- beach.ca.us SUBJECT: MARINERS VILLAGE LANDSCAPE IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3612 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 June 24, 2003, the City Council authorized the award of the Mariners Village Landscape Improvements contract to Belaire -West Landscape Inc. The contract provided for the installation of new landscaping and irrigation equipment along the northerly sidewalk and center median of Coast Highway from Riverside Avenue to approximately 600 feet south of Tustin Avenue. The landscape improvements consisted of palm trees and low height shrubs. The palm trees are located in 5 -foot by 5 -foot planter areas with tree grates or shrub plantings at the base of the trees. The project included the removal and replacement of concrete sidewalk, and trenching of pavement in Coast Highway to install irrigation crossovers. There was also minor traffic signal modification work involved in the contract. The contract has now been • completed to the satisfaction of the Public Works Department. SUBJECT: Mariners Village La pe Improvements - Completion And Acceptance oitract No. 3612 March 23, 2004 Page 2 `J A summary of the contract cost is as follows: Original bid amount: $295,940.00 Actual amount of bid items constructed: 286,600.00 Total amount of change orders: 9,975.00 Final contract cost: $296,575.00 The decrease in the amount of actual bid items constructed under the original bid amount resulted from a decreased cost for irrigation crossings and tree grates. The final overall construction cost including change orders was 0.21 percent over the original bid amount. One change order in the amount of $9,975.00 was issued and provided for additional work to install electrical service conduit and surface paving. Environmental Review: A Categorical Exemption, Section 15303, Class 3, was filed with the County Clerk on May 10, 2002 for this project. Funding Availability: Funds for the project were expended from the following account: i Account Description Account Number Amount General Fund 7014- C2700500 $296,575.00 The original contract completion date was December 4, 2003. Due to a change in trees and delivery times and a delay in the electrical service connections, the contract was extended to February 7, 2004. All work was completed by the revised completion date. Prepared by: Submitted by: AGuther, P.E. . Badum Construction Engineer J? e orks Director • BY THE EM COUNCIL CITY OF NEWPORT BEACH APPROVED L CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • P1pF -D�a (wlgv) Agenda Item No. 13 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine, Principal Civil Engineer 949 -644 -3311 tbdne@city.newport-beach.ca.us SUBJECT: MARINERS VILLAGE LANDSCAPE IMPROVEMENTS — AWARD OF CONTRACT NO. 3612 — APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Affirm Categorical Exemption for the work. 3. Award Contract No. 3612 to Belaire -West Landscape, Inc. for the Total Bid Price of $295,940, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $29,594 to cover the cost of unforeseen work. 5. Approve Amendment No. 2 to the Professional Services Agreement with MetroPointe Engineers for the Mariners Village Improvement Project at a contract price of $7,530 and authorize the Mayor and the City Clerk to execute the Amendment. 6. Approve a Budget Amendment of $55,064 from the unappropriated balance of the General Fund to Account No. 7014- C2700500 to pay for additional design and construction costs. DISCUSSION: At 11:00 A.M. on June 10, 2003, the City Clerk opened and read the following bid for this project: BIDDER TOTAL BID AMOUNT Belaire -West Landscape, Inc. $295,940.00 Subject: Mariners Village LTidscape Improvements — Award of Contract N04012 — Approve Amendment No. 2 to Professional Services Agreement with MetroPointe Engineers June 24, 2003 Page: 2 Only one bid was received and it was 8% higher than the engineer's estimate. This project provides for the installation of new landscaping and irrigation equipment along the northerly sidewalk of Coast Highway from Riverside Avenue to approximately 600 feet south of Tustin Avenue. The landscaping improvements consist of twenty -two (22) Washingtonia Robusta palm trees — 30 feet in height -- and low height shrubs. The palm trees will be located in 5 -foot by 5 -foot planter areas with tree grates or shrub plantings at the base of the trees. Work will also include the removal and replacement of concrete sidewalk, and trenching of AC pavement in Coast Highway to install irrigation crossovers. There is also minor traffic signal modification work involved in the contract. Staff considered a rejection of the bid, and a re -bid of the project. However, there are some potential drawbacks to a re -bid which made us consider the option to accept the submitted bid. When projects are re -bid, experience shows that bids often come in higher the second time. Also, re- advertising and bidding the project in this case would push back the construction schedule into the Christmas shopping season. Some of the business owners in the Mariners Village had some strong concerns with the potential impacts of construction continuing beyond November, with the Boat Parade and a new retail business opening. Staff also reviewed the submitted bid with General Services, who concurred that the bid was reasonable given the complexity and size of the project. Staff called a number of the contractors who picked up plans and specifications, but did not bid on the project, to determine if they would bid if the project was re- advertised. The contractors stated that they did not bid, and probably would not bid again for different reasons: the plans were in metric, the amount of landscaping was small, many different types of work involved, too busy, small profit. The low bidder, Belaire -West Landscape, Inc., possesses a General Engineering "A" contractors license as required by the project specifications. Belaire -West Landscape has significant experience in completing projects on Caltrans facilities. Given all of the above factors, it was decided to accept the submitted bid. Staff is requesting the appropriation of $55,064 from the unappropriated balance of the General Fund to cover the additional construction costs included in the bid, and the additional design costs included in Amendment No. 2 with MetroPointe Engineers. During the completion of the final construction plans and specifications, the City and Caltrans required additional revisions to the landscape construction documents. MetroPointe Engineers performed the extra services required to complete the documents for a total fee of $7,530. A copy of the scope of the additional services, and the Amendment No. 2 are attached for your review. Subject: Mariners Village Lant.pe Improvements — Award of Contract No. 30— Approve Amendment No. 2 to Professional Services Agreement with MetroPointe Engineers June 24, 2003 Page: 3 Environmental Review: A Categorical Exemption, Section 15303, Class 3, was filed with the County Clerk on May 10, 2002 for this project. Funding Availability: Upon approval of the recommended Budget Amendment there will be sufficient funds available in the following account for the work: Account Description Account Number Amount General Fund 7014- C2700500 $333,064 Prepared by: Antony Brine, .E. Principal Civil Engineer Submitted by: Attachments: Location Map Amendment No. 2 with MetroPointe Engineers Budget Amendment Project Description • 0 The Mariner's Village Public Improvements Plan proposes enhanced public improvements within the existing public right of way of East Coast Highway, Riverside Avenue, Tustin Avenue and Avon Street. Additionally, improvements are planned within the alley connecting Riverside and Tustin Avenues and the municipal parking lot located east of Tustin Avenue. The proposed improvements are generally described as follows: Within the East Coast Highway right -of -way: 1. Washington Robusta (Mexican Fan) palm trees and Ligustrum (Privet) hedge planters will be placed in regular intervals along the northerly sidewalk between Riverside and Tustin Avenues. 2. The existing landscaped median between Riverside and Tustin Avenues will be enhanced with additional plantings. 3. Two existing painted medians (one east of Tustin Avenue and one west of Riverside Avenue) will be landscaped. Within the Riverside Avenue, Tustin Avenue, Avon Street and alley rights -of -way: 1. Street trees with tree grates and additional planter extensions will be placed within the existing sidewalk areas. 2. Pedestrian -scale street lighting and street furniture will be added. Within the existing municipal parking lot 1. Shade trees and shrub plantings will be added without reducing parking. 2. Pedestrian -scale lighting for enhanced security will be added. • • I i i I • • k s 1 w 0 0 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE ENGINEERS THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and METROPOINTE ENGINEERS, whose address is 3151 Airway Avenue, Suite J -1, Costa Mesa, California, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On January 22, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for Engineering Design services for the Mariners Village Improvement Project, hereinafter referred to as "PROJECT'. B. KIRBY & COMPANY is listed in the AGREEMENT as a Subconsultant providing their professional consulting services to METROPOINTE ENGINEERS. C. CITY and CONSULTANT have entered into one previous AMENDMENT of the AGREEMENT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2," as provided here below. E. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31, 2003. 0 9 F. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 2 according to "Exhibit A" dated June 13, 2003, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 2 shall not exceed Seven Thousand, Five Hundred and Thirty Dollars ($7,530). 2003. 3. The term of the AGREEMENT shall be extended to December 31, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A municipal corporation By: By: City Attorney Mayor City of Newport Beach ATTEST: METROPOINTE ENGINEERS By: By: LaVonne Harkless City Clerk fAusentpowvshared�greementsVy 01- Mmetmpointe- mariners Nllage -no. 2.doc Me jj--Enigilneers June 13, 2003 City of Newport Beach Mr. Tony Brine P.O. Box 1768 Newport Beach, CA 92658 Subject: Additional Budget Request — Amendment No. 2 Landscape Additional Scope of Services Dear Tony MetroPointe Engineers is requesting a contract amendment for additional budget to perform additional scope of services for landscaping as described in the attached letter, dated June 9, 2003 from IGrby & Company, The additional amount of this request is $7,530. We are also requesting the amendment extend the contract period from it's present termination of September 1, 2003 to December 31, 2003 to ensure the entire construction period is covered. Please call me if you have questions or require additional information. Sincerely, Marie Marston, P.E. Project Manager EXHIBIT A 3151 Airway Avenue Suite J -1 Costa Mesa, CA 92626 Bus: (714) 438 -1095 • Fax: (714) 438 -1097 June 9, 2003 Ms. Marie Marston MetroPointe Engineers, Inc. `a t 2003 3151 Airway Avenue, Suite J -1 Costa Mesa, California 92626 Regarding: Mariner's Village: Coast Highway Streetscape Revisions (MML002A) Dear Marie: Enclosed is the Addendum to Subconsultant Professional Services Agreement for revisions on the above referenced project. As requested, Kirby & Company prepared exhibits for presentation to the Mariner's Mile Business Owners Association and attended an additional meeting on 8/12/02 to discuss the impact of the CalTrans comments. This resulted in the decision to pursue a variance from CalTrans regarding the line of sight-requirements along' Coast-Highway. Additionally, we attended another extra meeting on 7 / 23 / 02 to review the potential landscape easements with property owners. The original agreement included three plan check revisions, which were performed in July, August and November of 2002. During the plan check process in April 2003, the City and CalTrans requested additional revisions to the landscape construction documents. Please call me at 949/376 -1695 with any question you may have about the enclosed. Thank you. With regards, Kirby & Company le ne Kirbal Enclosures. cc: Tony Brine, City of Newport.Beach (with enclosures) KIRBY & COMPANY I1 B Camemy Heights Pho: 949 - 376 -1695 Laguna Niguel, Califomia 92677 Fax: 949- 240 -9986 0 ADDENDUM TO SUBCONSULTANT PROFESSIONAL SERVICES Project Name: Mariner's Village: Coast Highway Streetscape Revisions Kirby & Co. Project Number: MML002A Date: June 9, 2003 This addendum by and between MetroPointe Engineers, Inc. (Consultant) and Kirby & Company (Subconsultant) is for the Sub consultant to perform extra services on the subject project. SCOPE OF SERVICES Task I. Landscape Exhibits & Revisions Consultant will: 1. Identify areas for landscape easements to accommodate landscape improvements on private property and attend extra meeting to review plan with property owners. Provide easement locations to Consultant for reference to prepare easement documents. 2. Visit the site to explore revised palm locations as requested by the City. Revise irrigation documents to accommodate new palm locations. 3. Based on CalTrans plan check comments, prepare photographic exhibits and plan overlay exhibits on the landscape documents for presentation to the MMBOA. These plans were used to discuss the options and approach to be taken with CalTrans on subsequent submittals and to request a variance for the line of sight. 4. Prepare for and meet with the MMBOA one time in excess of original scope of work. Task II. Revisions to Landscape Construction Documents Consultant will: 1. Revise irrigation and planting construction documents to delete palms at the Coast Highway setback and the median per CalTrans plan check. 2. Coordinate with City staff on requested irrigation and landscape revisions. 3. Revise description of landscape estimate for bid purposes based on revisions requested by CalTrans and the City to landscape and irrigation construction documents. Page 1 • groject Number: MML002A June 9, 2003 4. Per City request, visit site to review the existing Trachycarpus fortunei palms for added scope. Add note to landscape construction documents to box and relocate of the existing palms per City request. 5. Revise irrigation and electrical construction documents to respond to revision in City criteria for irrigation documents. 6. Coordinate revisions with the project team. REIMBURSABLE COSTS: The following costs shall be reimbursed at cost and are not included in the Fee for Professional Services: A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. Estimate $680. Please refer to 'Compensation for Professional Services' for the estimate of Reimbursable Costs. COMPENSATION FOR PROFESSIONAL SERVICES Services described above shall be provided based on a fixed fee basis as follows: Task Description Fee /Phase Task I. Landscape Exhibits & CalTrans Revisions a. Landscape $2,400 b. Irrigation 1,560 Task 11. Revisions to Landscape Construction Documents a. Landscape 1,400 b. Irrigation 1,490 Fee Total $6,850 Reimbursable Expenses 6.80 Total $7,530 Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete. Reimbursable Costs shall be billed with fee invoices. REVOCATION: This proposal shall be considered revoked if acceptance is not received within 60 days of the date hereof. Page 2 % fy of Newport Beach 9 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- 082 AMOUNT: $55,064.00 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 expenditures for the Mariners Village Landscape Improvements, C -3612. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed: Signed: W WX"- IL Services Director Amount Debit I Credit $55,064.00 ` Automatic $55,064.00 a -119; Date to Signed: City Council Approval: City Clerk Date Description Division Number 7014 Miscellaneous & Studies Account Number C2700500 Economic Development - Mariners Mile Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: W WX"- IL Services Director Amount Debit I Credit $55,064.00 ` Automatic $55,064.00 a -119; Date to Signed: City Council Approval: City Clerk Date qty of Newport Beach 0 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 rx I from unappropriated fund balance EXPLANATION: NO. BA- 082 AMOUNT: $55,064.00 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 expenditures for the Mariners Village Landscape Improvements, C -3612. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed: Signed: WWAM4. /e Signed: Services Director City o ncil Appr11 i�e Jc (� d - _ Amount Debit $55,064.00 ' ' Automatic Credit $55,064.00 as -/; -0,,3 Date �-- te U -a5 -o3 Date Description Division Number 7014 Miscellaneous & Studies Account Number C2700500 Economic Development - Mariners Mile Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: WWAM4. /e Signed: Services Director City o ncil Appr11 i�e Jc (� d - _ Amount Debit $55,064.00 ' ' Automatic Credit $55,064.00 as -/; -0,,3 Date �-- te U -a5 -o3 Date CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11 a.m. on the 10th day of June 2003, at which time such bids shall be opened and read for MARINERS VILLAGE LANDSCAPE IMPROVEMENTS Title of Project Contract No. 3612 $2209000.00 Engineer's Estimate by Uephen G. Badumi' blic Works Director O� V`✓ °{< \o ° ``� 5 ° Q� 49 OG�� O, - * r�Q�Gr. Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Antony Brine, Project Manager at (949) 644 -3329 7 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 ., • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 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 wordE "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 Y • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 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. 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 1 E • 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. 443636, A, C -27 Contractor's License No. & Classification belaire -West Landscape, Inc. Bidder A orized Signature/Title Jan Struiksma, President June 6, 200'3, Date r' 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange I ss. On _beforeme, Juli Davenport, Notary D la Nart,a aMTtle of q&er la.g.,'Jane Ooe. Nolery Pudltj personally appeared Jan Struiksma Ne,misl al Siynerys) personally known to me O proved to me on the basis of satisfactory evidence JUL) DAVENPORT Commission # 1371439 Notary Public - California Oran9s County 0MyCorrm.EwkwAua23,2j to be the person(j whose names) is /arF subscribed to the within instrument and acknowledged to me that Wshe/tb7 y executed the same in hjf; /her /tl�bir authorized capacityo bs), and that by hp /her /ttjeir signaturef/s) on the instrument the person(, or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand d official seal. Signalum of Nola,, Publi OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name'. Jan Struiksma Individual Corporate Officer— Title(s): President Partner Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Bela ire -West Landscape, Inc. : +353'.aonna.NO:ary ASSOCau:n..),i5U;e 9o�o= ae'��3o�2 +G ?•O:as.vc::x,; d?'J:31.0?••.vww naaonampta,V.oN ?•pp, Aso 5eb) a1GM TNUA1BPflINT OF eIGNEa -e ,: Call TO-F' e' -SW- 8762827 7' • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 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 1 n% of Thal Rid Amniint Dollars ($ 10% OF N4W BID), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MARINERS VILLAGE LANDSCAPE IMPROVEMENTS, Contract No. 3612 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 6rH day of Belaire -West Landscape, Inc. Name of Contractor (Principal) FIDELITY AND DEPOSIT COhPANY OF WYLAND Name of Surety 225 S. LAKE AVE #700 PASADENA, CA 91101 Address of Surety 626/792 -2311 EXT 236 Telephone KELLY A. SAI AN ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) At • 0 STATE OF CALIFORNIA COUNTY OF RIVERSIDE JUNE 6, 2003 PERSONALLY APPEARED KELLY A. SAITMAN I Ss. before me, SANDI RICARD, NOTARY PUBLIC personally known to me evidence) to be the persons} whose narne(s) is /are subscribed to the within instrument and acknowledged to me that hekhalduy executed the same in hrmher/tliewauthorized capacity(4m), and that by dws/her /their signature(sj on the instrument the person(a), or the entity upon behalf of which the person(e} acted, executed the instrument. WITNESS m seal.. Signature LtA OPTIONAL SANDI RICARD F COMM. #1401917 V rA NOTARY p09lIC - CALIFORNIA �j RIVERSIDE COUNTY 00 MY COMM. ExWraa Mar. 1, 2007 This area far Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN TY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE ID- 1232(REV. 51011 ALL - PURPOSE ACKNOWLEDGEMENT A Ceinpany Profile Company Profile • • Page 1 of 2 In OR c M, e FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800- 382 -2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101 -0000 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 39306 0212 2479 -4 January 01, 1982 UNLIMITED- NORMAL Property & Casualty MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log s_.ss AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http: / /cdinswww. insurance. oa.gov /pls/wu_co _prof/idb_po _prof utl,get_co _proflp_EID =... 06/13/2003 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Compan, set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d Hate, constitute and appoint Kelly A. SAITMAN, of Ontario, California, its true and law to make, e xecute, seal and deliver, for, and on its behalf as surety, and as its act and o ngs and the execution of such bonds or undertakings in pursuance of these as ompany, as fully and amply, to all intents and purposes, as if they had b ��}}y�W5 n e regularly elected officers of the Company at its office in Baltim@ry�tk�i � s power of attorney revokes that issued on behalf of Kelly A. SAITMAi 90F, 99 . gn The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- any, and is now in force. IN e said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of February, A.D. 2003. ATTEST: '�o'po�cvosr. � i r th1 � 4 � State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President On this 27th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Ow POA -F 012 -7170A Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 Y EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney-in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6TH day of JUNE 1 2003 oudoLf'� Assistant Secretary 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On before me, Juli Davenport, Notary dte Nam artl Title of Officer b g.. -Jane Doe. Notary Public) p onally appeared Jan Stru i ksma Nam, n of Sgnei ?� personally known to me proved to me on the basis of satisfactory evidence -- JULI DAVENPORT _ Commission f1371439 i Notary Public - California Orange County 6MYCorrimi Aug 23, 2008 to be the person( whose name() is /aT subscribed to the within instrument and acknowledged to me that 46 /shl executed the same in hys /her /11*ir authorized capacity(�2s), and that by hlis /her /i signaturels) on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. WIT NE S my hand 5aff c ial seal. Signature of Notary Public IF 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 Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Jan Struiksma Individual X Corporate Officer— Title(s): President Partner — C Limited L General Attorney -in -Fact Trustee = Guardian or Conservator Other: Signer Is Representing: Belaire -West Landscape, Inc. RIGHRHUMePRINr OF SIGNER . o 9 td.e.a ^ICaN Assocaro• • 495n C v. '0 3.. "auwce. �... ^,nn2 • v � o .,...ary . , '• ^o C. t . ;99d oeume� Ce r _ e d00 a; 5.b'82] 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: Phone: State License Number: Name: Address* V�-- Phone: / I o 3/� r7 9r, /�t!✓ State License Number. 1i ti✓ Name: /t _ may, Address: � ?/e f;e L� Phone: State License Number: Belaire -West Landscape, Inc. Bidder ✓l/ Jat truthkslt�a, resii ent it ' 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. on e ,09 before me, Juli Davenport, Notary Dau Name and Tale d OMicer (e g.,'Jane Doe, Notary cudK1 p onallyappeared_ Jan Struiksma Namgs) of Signals) N personally known to me proved to me on the basis of satisfactory evidence JULIDAVENpORT Commission i 1371439 Notary Public - CalEonnia Orange County QMYComrrLEv*mAw2-qmr to be the person(o whose names) Isere subscribed to the within instrument and acknowledged to me that 0 /she /tbby executed the same in hjs /her /tt)kir authorized capacity(s), and that by his /her /their signaturey) on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand n official seal. Signawre of Ndary PoOIk 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 torn to another document. Description of Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Jan Struiksma Individual X- corporate officer— Title(s): President Partner — Limited General G Attorney -in -Fact Trustee Guardian or Conservator - Other: Signer Is Representing: Belaire -West Landscape, Inc. Number of Pages: RIGMTNUMDPRINi OF S GNER 11 -49n Valonal NolaryAswca:nn • @1, '172 ":5'.vonh 2A9•313 2 -102.1.. Froe In 5909 Free' 800.878882: T. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Belaire -West Landscape, Inc. 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: See Attached Listing No. 1 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. See Attached Listing • No. 2 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. No. 3 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. 17 No. 4 See Attached Listing 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. No. 5 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. E] { No. 6 Project Name /Number Project Description • See attached Listing 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. Belaire -West Landscape, Inc. Bidder A orized Signature/Title n Struiksma, President 10 'r • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Orange I ss. l I On P� before me, Jul i Davenport, Notary Date I Name aM Tab of Olfoor (a. p., "Jana Doe, Notary PuNkI per ally appeared Jan Strui ksma Name(.) of Signerla) 6 personally known to me G proved to me on the basis of satisfactory evidence JULI DAVENPORT – Commiyion if 1371439 Notary Public - calBomia Qu.r aan9sCoU* -- to be the person(9 whose name&) istarT. subscribed to the within instrument and acknowledged to me that hb /sheA46y executed the same in hjWher /toir authorized capacity()As), and that by his /her /tt)eir signature) on the instrument the person(o, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand apj official seal. v ignawm of Notary Puallc 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 torn to another document. Description of Attached Document Title or Type of Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Jan Struiksma Individual Corporate Officer —Tdle(s): President Partner —= Limited - General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Belaire -West Landscape, Inc. RIGHT THUMBPRINT OF SIGNER i a �?99 fa na Vo.ery AS50CalOn •39500 =Som we 'C 30a -102 _n_t,xc.,n .,AP, 7 u02•w w a a,n,.arv0ry omo. 10 SQ01 _._ _ _0 Fce'. 8008:a 6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyof Orange ) Jan Strui ksma being first duly sworn, deposes and says that he or she is President of Belaire -West Landscape, Inc.the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Selaire -West Landscape, Inc. Bidder Subscribed and sworn to begf6 me this Notary Public My Commissi9fi Expires: Aut rized Signature/Title Joe Struiksma, President 11 day of 2003. JURAT State /Commonwealth of SS. County of JULIDAVENPORT Comtnw(on / 1971438 Notary Public - G1lfomia s Oran" courrq Place Notary Seal and /or Any Stamp Above Subscribed d sworn to (or affirmed) before me _— this —4 day of ' ! v by Date Month Year &Ile Name of Signer #1 Name of Signer JY2 Signature of Notary Publi Other Required Information (Printed Name of Notary, Residence, em.) OPTIONAL Though the information in this section 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 Top of thumb Here Top p of thumb Here another document. Description of Attached Document Title or Type of Document: Document Date: �Ilwle� J Number of Pa es: Signer(s) Other Than Named Above: 0 2002 National Notary Association • 9350 Do Solo Ave.. P.O. Box 2402 • Chatsworth, CA 913132402 Item #5914 Reorder Call Totl-Free 1.800 US NOTARY It .800 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 DESIGNATION OF SURETIES Bidders name Belaire -West Landscape, Inc. 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): See Attached Listing 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Belaire -West Landscape, Inc. Record Last Five (5) Full Years Current Year of Record )5 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts 38 32 14 14 12 10 120 Total dollar Amount of 2,584,3 3 12,239,23 2,335,4 9 Contracts (in 3,830,36 19,962,4 ,911,85 Thousands of $) 109,863,7 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 2 2 0 1 3 0 8 No. of lost workday cases involving 1 0 0 1 0 0 2 permanent transfer to another job or termination of employment )5 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 Bidder Belaire -West Landscape, Inc. Business Address: P.O. Box 6270 Buena Park, CA 90622 Business Tel. No.: (714) 523 -9200 State Contractor's License No. and Classification: 448636; A, C -27 Title Landscaping / General Engineering Contractor The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Jutfe 6, 2003 ksma , Max A. Palacios Secretary / Vice President ///yam If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California a ss. Oran County of 9 On before me, ,lnli OdVPn nr Notary Puhlic Dale Name and Tdle of . (e.g.,'Ja� Doe. Notary PubIIC) pe nallyappeared Jan Struiksma and Max A. Palacios Name(s) of Signers) JULI DAVENPORT Commission t 1371439 Notary Public. Calllomia zZ O Courtly > QMYCornm.E*MAug23, 2008 r personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) I61are subscribed to the within instrument and acknowledged to me that FVe /sfie /they executed the same in his /her /their authorized capacity(ies),, and that by tiis /hir /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand fl official seal. Signature of Nolvy Public OPTIONAL Though the information below Is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description c Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: Jan Struiksma and Max A. Palacios 0 Individual Top of thumb here Corporate Officer — Ttle(s): RrAgi lent and Serrotary ❑ Partner —C Limited El General :1 Attorney -in -Fact 1 Trustee Guardian or Conservator Other: Signer Is Representing: Belaire -Wrest Landscape, Inc. C 1999 Nallorel Nb1ary Assodation • 9350 Do Soto Ave.. P.O. Boa 2402 • Chatsworth. CA 91313-2402 • waw.nationalmtary.org Pr , No. 5907 NeoMer: Can Toll-Free 1 -801.878a827 •. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 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: RPIairP -WPct I andsraoP_ Inc. Business Address: P.O. Box 6270 Buena Park, CA 90622 Telephone and Fax Number? (714) 523 -9200 / F (714) 523 -9201 California State Contractor's License No. and Class: as ,qti -Ati; A, r -27 (REQUIRED AT TIME OF AWARD) Original Date Issued: 11 -04 -1983 Expiration Date: 11 -30 -2003 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Dan Patterson, Chief Estimator 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 See Attached List Corporation organized under the laws of the State of California 16 • 'r The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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; None Briefly summarize the parties' claims and defenses; None Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab,, compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes " Are any claims or actions unresolved or outstanding? Yes No 17 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 ACKNOWLEDGEMENT OF ADDENDA Bidders name Belaire -West Landscape, Inc. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date eceived Si n 15 .p • • If yes to any of the above, explain. (Attach additional sheets, if necessary) Nnna Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Belaire -West Landscape, Inc Bidder Jan Struiksma, President (Print name of Owner or President of Corpg tion /Company) Au rized Signature/Title Ja Struiksma, President President Title June 6, 2003 Date Subscribed and swom to before me this da of 2003. SEAL] 18 ..0 JURAT State /Commonwealth of ss. County of r,& JULI DAVENPORT CommWbn# 1371439 Notary Publle - CaGromia Orange CountY My Corn im. EmneAug 23. 2008 Place Notary Seal and /or Any Stamp Above W Subscribed and sworn to (or affirmed) before me this day of low, by Datt /j M ntthh year 7 Name of Signer #1 Name of Signer #2 Signature of Notary Public Other Required Information (Panted Name of Notary, Residence, etc.) OPTIONAL Though the information in this section 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 Top of thumb Here Top p of thumb here another document Description of Attached Document Title or, Type of Document: /E /(L!l�L Document Date: Number of Pages: Signer(s) Other Than Named Above: 0 2002 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatamnin, CA 91313 -2402 Item #5914 Reorder. Call Toll -Free 1 -600 US NOTARY (1- 600 -676 -6627) 3 0 Belaire -West Landscape, Inc. P.O. Elm 6270, Miena Park, CA 90622 Completed Projects Orange Terrace Community Park Owner: City of Riverside Public Works Department 3900 Main Street Riverside, CA 92522 Citrus Communitv Park Owner: (909) 826 -2021 Contact Name: Andrew Emery Contract No.: 5917 Contract Amount: $1.3 Million Date of Completion: April 2003 BWL Job #: 388 Citrus Communitv Park Owner: City of Corona 815 W. Sixth Street, Ste. 150 Corona, CA 92882 (909) 279 -3755 Contact Name: Lee Stryffeler Contract No.: 18 -801 Contract Amount: $2 Million Date of Completion: October 2002 BWL Job #: 383 10 %i0 Waterfall in Redlands Owner: State of California, Department of Transportation, District 8 464 W. 4 "' Street, 6 "' Floor San Bernardino, CA 92401 (909) 232 -3929 Contact Name: Kerry Robinson Contract No.: 08- 475104 Contract Amount: $500,000.00 Date of Completion December 2002 BWL Job #: 392 Route 10. Fontana Owner: State of California, Department of Transportation 464 West 4 "' Street, 6 "' Floor San Bernardino, CA 92401 (909) 514 -2405 Contact Name: Pat Kalousek Contract Amount: $1,996,472.79 Date of Completion: August 2001 BWL Job #: 356 Lie. 44836 ]'(714)523 -9200 1' {714)521 -9201 6 Route 99. Bakersfield Owner: State of California, Department of Transportation Contact Name: P.O. Box 81197 Contract No.: Bakersfield, CA 81197 Contract Amount: (661) 395 -2823 Contact Name: Pete Mullaly Contract Amount: $1,076,043.00 Date of Completion: July 2001 BWL Job #: 358 Route 5 & 15. San Diego Owner: State of California, Department of Transportation Contact Name: 7177 Opportunity Road Contract No.: San Diego, C A92111 Contract Amount: (858) 467 -4084 Contact Name: John Hurtzig Contract Amount: $1,134,861.00 Date of Completion: January 2001 BWL Job #: 352 Smith Park Owner: City of San Gabriel Contact Name: 425 South Mission Drive Contract No.: San Gabriel, CA 91778 -0130 Contract Amount: (626) 308 -2800 Contact Name: Doug Benash Contract No.: 99 -11 Contract Amount: $700,000.00+ Date of Completion: July 2000 BWL Job #: 353 Route 91, Buena Park Owner: State of California, Department of Transportation 3407 E. La Palma Avenue Anaheim, CA 92806 Route 30, San Dimas Owner: State of California, Department of Transportation 910 West Gladstone Street San Dimas, CA 91773 (562) 632 -2539 Contact Name: Xavier Avila Contract No.: 12- 026904 Contract Amount: $613,904.07 Date of Completion: January 2000 BWL Job #: 350 Route 30, San Dimas Owner: State of California, Department of Transportation 910 West Gladstone Street San Dimas, CA 91773 (909) 305 -1250 Contact Name: Xavier Avila Contract No.: 07- 009204 Contract Amount: $991,286.70 Date of Completion: January 2000 BWL Job #: 355 Washirt, ton Park Owner: Contact Name: Contract No.: Contract Amount: Date of Completion: BWL Job #: 223'" Street Improvements. Owner: Contract No.: Contract Amount: Date of Completion BWL .lob #: Pier `A': Owner: Contact Name: Contract No.: Contract: Date of Completion BWL Job #: Cactus Gardens: Owner: Contact Name: Contract No.: Contract Amount: Date of Completion: BWL Job #: City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 -3843 (310) 524 -2358 Bellur Devaraj P W -01 -02 $300,000.00 April 2002 371 City of Carson 701 East Carson Street Carson, CA (562) 803 -5881 609 $352,150.00 August 1999 341 Port of Long Beach 925 Harbor Plaza Long Beach, CA 90801 (562) 590 -4172 Mike Tonneson HD -52049 $199.447.00 July 1999 349 City of Beverly Hills 455 North Rexford Drive Beverly Hills, CA 90210-4817 (310) 285 -2439 Bob Chavez 98 -16 $300,000 ,July 1998 334 Culver City Maintenance Owner: Contact Name: Contract No.: Contract Amount: Date of Completion: BWL Job #: Harbor Village Apartments Owner: Contact Name: Contract No.: Contract Amount: Date of Completion: BWL Job #: City of Culver City 9505 W. Jefferson Blvd. Culver City, CA 90232 (310) 253 -6470 Steve Edwards 1197 $80,500.00 Extended Maintenance Contract 362 VPM Management 2400 Main Street, Suite 201 Irvine, CA 92614 (949) 86.3 -1500 Ida Johns Annual $10,500.00 Yearly Contract 374 • Officers of Belaire -West Landscape, Inc.: Jan Struiksma President / Treasurer 5245 Grandview Lane Yorba Linda, CA 92886 (714) 777 -2559 Max A. Palacios Vice President / Secretary 5245 Grandview Lane Yorba Linda, CA 92886 (714) 720 -3576 Brokers and Sureties: Driver - Alliant Insurance Services 3270 Inland Empire Blvd., Suite 100 Ontario, CA 91764 (909) 941 -6699 (909) 483 -5123 Fax Fidelity and Deposit Company of Maryland 225 South Lake Avenue, #700 Pasadena, CA 91101 (626) 792 -2311 (626) 795 -5748 Fax State Compensation Insurance Fund 1750 E 4`" Street, Fourth Floor Santa Ana, CA 92705 (714) 565 -5998 (866) 266 -2071 Fax State Farm Mutual Insurance 199 East Thousand Oaks Blvd., Ste 101 Thousand Oaks, CA 91360 (805) 497 -9435 (805) 497 -9437 Fax 0 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �5 a 'S ii 5 S h rN r: r State of California County of orange O before me, Juli Davenport, Notary ale Name arM Me W O fiver (e.g. 'Jam Doe, Notary P Icj Zonally appeared Jan Struiksma , 0 JULI RAyENpORT Commiaston i 1371139 Notary Public - Calffomis Orange county CQmn. "AuQ23,2008 Nem (.) of si,mr(a) l personally known to me proved to me on the basis of satisfactory evidence to be the person( whose names) isfarl subscribed to the within instrument and acknowledged to me that h/e /she /tt*y executed the same in h)b /her /tt#r authorized capacity()As), and that by h)slher /ti,ir signatures) on the instrument the person(�j, or the entity upon behalf of which the person() acted, executed the instrument. WI SS my hand official seal. SgnaNfa of N.ain, PuClk Or 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 e Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Jan Struiksma Individual rop of tnumn Here X Corporate Officer— Title(s): President Partner —= Limited General Attomey -in -Fact Trustee Guardian or Conservator = Other: i Signer Is Representing Belaire -West Landscape, Inc. 1399N- a:i,nNC!dN A55.c!.n•135001 Am0 4e..P0.8O.2402•GUlswe ^.M1 CA J: 9! 3.':02•.w. nal:onYne:ary om 1,,o Nn i�7 >c_e "'a;MO87ene27 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 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. 3612 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization ollars and Cents $ OX, —CO Per Lump Sum Lump Sum Traffic Control System fi ' oliars and X0 Cents $ $ '25,900,00 Per Lump Sum 3. 489 m 2 Remove Concrete (Sidewalk) @ Dollars and C� Cents $ 1215 -1 Per Square Meter • • PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 88 m 2 Remove Concrete /AC (Driveway) @ Dollars and Cents $ 5.00 $ a, a00, 00 Per Square Meter 5. 50 m 2 Remove PCC Pavement (Median Areas) @� r Dollars and ✓)� Cents $ 5.00 $ X00 Per Square Meter 6. 75 m 2 Export Soil (Excess Material) @ tali Dollars and /`) Cents $ , 00 $1975- 00 Per Square Meter 7. Lump Sum Relocate Newsstand @Tod and %l l] Cents $ 40,00 $ 50. 00 Per Lump Sum 8. Lump Sum Relocate Fence and Gate @ Dollars and Cents $ / 000.0d $ //- 000, 00 Per Lump Sum 9. 6 Each Relocate Parking Meter Posts @50,9 &/Dollars and fiy Cents $x200.00 $ -L x00=00 00 Per Each @ Dollars and %i Cents $ && 00 $ ON /80, 00 Per Square Meter 13. 90 m 2 Minor Concrete (150mm Driveway) @ - 11, l� Ullars and 1219 Cents $ 5 00 $ (0 50, O0 Per Square Meter 14. 20 m 2 Minor Concrete (Stampkyd) and 410 Cents $ jS4, 00 $ A000,00 Per Square Meter 15. 2 Each Minor Concrete (Curb Ramp) ollars 4����11 and DOO oU 000, DO v Cents $ i $ oZ� Per Each • • PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1 Each Water Service Re- Location @ �f hu/Yf/ 6ollars and �lD Cents $ 50jo 00 $ 5do' 00 Per Each 11. 1 Each Water Service (25 mm) @ Dollars 11,0 and Cents $ OIJ $ wo- O?> Per Each 12. 403 m 2 Minor Concrete (100mm Sidewalk) @ Dollars and %i Cents $ && 00 $ ON /80, 00 Per Square Meter 13. 90 m 2 Minor Concrete (150mm Driveway) @ - 11, l� Ullars and 1219 Cents $ 5 00 $ (0 50, O0 Per Square Meter 14. 20 m 2 Minor Concrete (Stampkyd) and 410 Cents $ jS4, 00 $ A000,00 Per Square Meter 15. 2 Each Minor Concrete (Curb Ramp) ollars 4����11 and DOO oU 000, DO v Cents $ i $ oZ� Per Each • • PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 100 Meters Irrigation Crossover �'�/ ollars and v Cents Per Meter 17. Lump Sum Pavement SZ;ollars rkings 0a and r l ronre Per Lump Sum $ 50, 00 $ S 00, OD $ J,o0o,0o $ 4, PAI-ego 18. Lump Sum Soil Amendments @ /2P Dollars and t76 Cents $ ,_O_'90,00 $ a 000, 00 Per Lump Sum 19. 160 m 2 Mulch @ Dollars and �d Cents $ 5,00 $ Tp0,O0 Per Square Meter 20. Lump Sum Plant Establishment All r @� Id 'rs and Cents $ $ Per Lump Sum 21. 3 Each Tree Grates �� Ilars and no) Cents $ oa 00 $ �OO, 0 Per Each • • PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 93 m 3 Topsoil @ Dollars and Cents $30,00 $ 41-,20—,00 Per Cubic Meter 23. i3&Each Washingtonia Robusta P aaerz�u�l owtars and D Cents $ oZ,SGO.00 $�� Per Each 24. 112 Each Ligustrum J. "Texanum" Dollars and Cents $ &o.400 $ (o,7RO,00 Per Each 25. 180 Each Carissa "Green Carpet" @ Dollars �a Cents $ /P, 00 $ Per Each 26. Lump Sum Irrigation System ollars no and Cents Per Lump Sum 27. 23 Each Palm Drain Sump r t I and Cents Per Each i //.+ ill, r/ //, M $,g ,00 $ 5,'75,0, OO 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 142 Meters Tree Root Barrier @ Oe Dollars and Cents $ $ 55D, OO Per Meter 29. Lump Sum Traffic Signal Modification o ars and nD Cents $ I`x4000.00 $ 4 -19M,00 Per Lump Sum 30. 2 Each Box & Relocate Existing Palms @ It Dollars arid n (� Cents $ ���• 04 $ d00• e212 Per Each 31. 16 Each Rhaphiolepis i. `Clara' r @ IUIW &&64o a and Cents $ $ 9YoD,0� Per Each TOTAL PRICE IN WRITTEN WORDS hadAd Dollars and _ D Cents $ ot` /5W-0, Qo Total Price (Figures) June 6 2003 Date P (714) 523 -9200 / F (714) 523 -9201 Bidder's Telephone and Fax Numbers 443636; A, C -27 Bidder's License No(s). and Classification(s) Belaire -West Landscape, Inc. Bidder ddees Authorized Signature and Title Jan Struiksma, President P.O. Box 6270 Buena Park, CA 90622 Bidder's Address f: \users�pbw\shared=ntractsVnasters\MARINERS VILLAGE LANDSCAPE IMPROVEMENTS.doc • Page: 1 of _ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 DATE: June 5, 2003 BY: TO: ALL PLANHOLDERS or Public Works Director 1. In the laid Proposal, page 5 of 6, Bid Item number 23 "Washingtonia Robusta" shall be revised to 22 Each. One (1) palm tree has been deleted from the Contract. This tree is located on Sheet 14 of 22, at Station 232 +25.51. The irrigation equipment required for this tree shall also be deleted from the necessary work. 2. In the Technical Provisions, page 3 of 61, Section 2.8 'Asphalt Concrete ", second paragraph, the second sentence shall be revised to read that the "spreading and compacting provisions in Section 39 -6.02, "Spreading ", and Section 39 -6.03, "Compacting ", of the Standard Specifications shall anal . 3. In the Technical Provisions, page 4 of 61, Section 2.8 "Asphalt Concrete" , last line, delete the sentence "A paint binder will not be required." And substitute with "Paint Binder Tack Coat is required." Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. f: \users\pbw\shared\contracts \masters \addend um -doc • . Page. 2 of I have carefully examined this Addendum and have included full payment in my Proposal. Belaire -West Landscape, Inc. Bidder's Name (Please Print) June 9, 2003 Date i Authorized gnature 8r itle an`Struiksma, Presient f:l usersl pbwlshar ed\con&adslmastersladdendum.doc 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 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 MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 CONTRACT THIS AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Belaire -West Landscape, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MARINERS VILLAGE LANDSCAPE IMPROVEMENTS Project Description 3612 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3612, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred ninety-five thousand, nine hundred forty and 00 /100 Dollars ($295,940.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Tony Brine (949) 6443329 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Belaire -West Landscape, Inc. P.O. Box 6270 Buena Park, CA 90622 714 -523 -9200 714 -523 -9201 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 1i 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor.shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 .y • • 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 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. APPR ED AS TO FORM: (ghj,A-1 CITY ATTORNEY `i LANDSCAPE, INC. Atithorized'Signature and Title Jan Struiksma, President 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. • On /Y before me, Juli Davenport, Notary Data Name and Title of CROef (e.g., 'Jana Doe. Notary Public') per ally appeared Jan Struiksma , JULI DAVENPORT Commission! 1371439 Notary Public - Calffomfs Orange County MyCOrrm EVkftAug 23, 20118 Name(s7 of Signegg X. personally known to me C proved to me on the basis of satisfactory evidence to be the person( whose name() is /a�e subscribed to the within instrument and acknowledged to me that 0 /she /tt *y executed the same in h)s /her /tt*ir authorized capacity(ps), and that by hp /her /their signature) on the instrument the person(�j, or the entity upon behalf of which the person() acted, executed the instrument. WI S my har qnd official seal. Signature of Notary Pali OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Iraudulent removal and reattachment of this tone to another document. Description of Attach Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Jan Struiksma C Individual )t Corporate Officer— Title(s): President Partner — C Limited C General C Attorney -in -Fact C Trustee Guardian or Conservator Other: Signer Is Representing: Belaire -West Landscape, Inc. Number of Pages: RIGMTiUMRPRIM OF SIGNER i i 0 1999 National Notary Asaaaabcc • 9350 W Soto Ave.. P0. Box 2402 • Chattexonb. CA 913112602 • mrv,.nadonalnotary.o,g Prod No 6907 Reenter. Call ToM1Fee 1 -80M1876E627 Client #: 21468 BELAI ACORD,u CERTIFIC OF LIABILITY INSU NCE 0626 /0 °�'"' PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Driver Alliant Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3270 Inland Empire Blvd #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario, CA 91764 OMITS A 909 941 -6699 INSURERS AFFORDING COVERAGE NAIC # INSURED Belaire•West Landscape Inc P.O. BOX 627() Buena Park, CA 90622 -6270 INSURERA: Royal Surplus Lines Insurance /STL EACH OCCURRENCE INSURERS: Royal Insurance Company of America/S INSURER C: X COMMERCIAL GENERAL LIABILITY INSURER D: INSURER E: DAMAGE TO RENTED s50,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING 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. LTR NSft TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MIDO/YY POLICY EXPIRATION DATE O OMITS A GENERAL LIABILITY K2HA122249 02113/03 02113/04 EACH OCCURRENCE $1,00-0,00-0- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED s50,000 CLAIMS MADE O OCCUR MED EXP (Any one person) $5,000 PERSONAL B ADV INJURY $110001000 • BI /PD Ded:5,000 • XCU - Included GENERALAGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG s2000000 POLICY F7 JEC LOC AUTOMOBILE UABILRY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) f BODILY INJURY (Per person) f ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) f HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peraccident) $ GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY P21HA206088 02/13103 02113104 EACH OCCURRENCE s5.000.000 OCCUR FRI CLAIMS MADE AGGREGATE $5,000.000 $ $ DEDUCTIBLE X $ RETENTION $ 10008 WORKERS COMPENSATION AND TATUj H- WCSLIMIT OT EMPLOY EMPLOVERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? H yes, describe under SPECIAL PROVISIONS bel w E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Contract No.3612/BWL Mariners Village landscape Improvements, Newport,CA The City, its officers, officials, employees and volunteers are additional insureds as per Blanket Form CG2010 11185 attached. (See Attached Descriptions) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach, Public DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ *sn DAYSWRITTEN Works Dept. Attn.Shari Rooks NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Public Works Specialist, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 3300 Newport Blvd. REP NTATIVES. f Newport Beach, CA 92658 AUTH D REPRESENTATIVE ^! AUUKU ZO (ZUUI Wf) 1 of 3 #104736 HMH Q ACORD CORPORATION 1933 s DE IPTIONS (Continued from Ifte 1) Primary wording is included per the attached. Waiver of subrogation Is included as per attached CG240410/93. * 10 Day Notice of Cancellation for Non - Payment of Premium. This cancels and replaces the certificate Issued on 06120/03. AMS 25.3 (2001/08) 3 of 3 #104736 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 3 #104736 0 POLICY NUMBER: K2HA122249 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City, its officers, officials, employees and volunteers 3300 Newport Blvd. Newport Beach, CA 92658 ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE OBLIGATED BY VIRTUE OF A WRITTEN CONTRACT OR BY THE ISSUANCE OR EXISTENCE OF A PERMIT, TO PROVIDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY. (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. IF YOU ARE REQUIRED BY A WRITTEN CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY SHALL BE PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION 4. OTHER INSURANCE DOES NOT APPLY, BUT ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY. Authoriiz.`edn'//Representative CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 POLICY NUMBER: K2HA122249 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City, its officers, officials, employees and volunteers 3300 Newport Blvd. Newport Beach, CA 92658 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the 'products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. 2LCdAuthorized Representative CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 ACORD„ CERTIFICATE OF LIAML INSURANCE °0672 / "" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION (805)497- 9435.. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MICHAEL C. GUSICK, AGENT HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 199 E. THOUSAND OAKS BLVD., STE 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THOUSAND OAKS, CA 91360 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: STATE F INSURER B: _ BELNI E WEST LANDSCAPE, INC. EACH OCCURRENCE 7371 WALNUT AVENUE IINSURERC. COMMERCBILML GENERAL LIABILITY CLAIMS MADE 0OCCUR BUENA PARK, CA 90620 -1759 INSURER D. PR MINE c revue § MEO EXP(Any om Person) -fS INSURER E: PERSONAL& ADVINJURY COVFRAC.FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 DD'L NSRC TYPE POLICY NUMBER POLICY EYFEOCTWE POLICY"M THIN LIMITS GENERAL LMITY EACH OCCURRENCE $ COMMERCBILML GENERAL LIABILITY CLAIMS MADE 0OCCUR PR MINE c revue § MEO EXP(Any om Person) -fS PERSONAL& ADVINJURY $ GENERALAGGREGATE S PER I�I GEN'L AGGREGATE LIMIT APPLIES : PRODUCTS:COMPIOPAGG $_ i j_ POLICY PRO LOC I AUTOMOBILE UAINLITY ANY AUTO I 056 6526- CO6 -75A- 103/06/03 03/06/04 COMBINED SINGLE LIMIT (Eeecpitlen0 $ 1,000,000 INJURY (Per peon) I$ ! X1r_ AUTOS SCHEDU LE D AUTOS X HIRED AUTOS � 9ZZ f IBODILY SOD ILY INJURY I NON-OWNED AUTOS I (Per wWenll $ PROPERTYOAMAGE (Per acadentl § 6m GA IAUTO ONLY - EA ACCIDENT § OTHER THAN EA ACC AUTO ONLY: AGO S ANY AUTO - $ EXCESSNMBRELLALMBILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ DEDUCTIBLE I 1 RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I ANY MOPRIETOR�PARMEIVEXECUTIVE OFFICERMEMBER EXCLUDED? WC STATU- OTH- T E.L. EACH gCCIDENT $ E.1- DISEASE - EA EMPLOYE i tt Yes. tlespnbe antler SPECIAL PROVISIONS Ceb E.L. DISEASE - POLICY LIMIT E i OMER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER(S) ARE NAMED ADDITIONAL INSURED(S) AS PER ATTACK ENDORSEMENT AND WITH RESPECT 7O WORK PERFORMED AT THE MARINERS VILLAGE / CITY OF NEWPORT BEACH CA. CONTRACT NO. 3612, BWL JOB NO. 411. ADDITIONAL INSUREDS: THE CITY, ITS OFFICERS, GFFICIALS, EMPLOYEES, AND VOLUNTEERS. •• •DI'•• IDi SHOULD ANY OF ME ABOVE DESCRIBED POLICIES M CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE RUNNING INSURER YFJL 3-0 -_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AGENT ® ACORD CORPORATION W023G.2 ADDMONAL ENSURED . (Prior NoticeofTermmstion) .. This endorsement is a part of your, policy, Except for the changes it snakes, all other terms of the policy remain the same and apply to this endorsement. It is effective at the same time as yam policy if issued with it. If issued at a laterdate the name; policy numbeiandeffective date must be.showa. Issued by STATE FARM MUTUAL AUTOMOBUZ INSURANCE COMPANY of Bloomington; Illinois, or the STATE FARM FIR£ AND CASUALTY COMPANY. of. Bloomington, Minois, as shown by the company'a name on the policy of which this endorsement is apart Namet Policy Effeeti It is agreed that Liability — Coverage A of your policy is extended to the party oamed on the declarations page as an Additional Insured- The Additional Insured is subject to the provisions of the policy grasping coverage manimsa edotherthanyva .TheAdditionaHnsure& 1. has the same right of recovery under this policy as before; 2 is not liable for any premium or other eapensetuaictthispolicy; 3. is not a member of the State Farm Mutual Autoni ila Insurance Company of Bloomington. Illinois- This policy will not be changed or terminated as to the interest of the Additional Insured unless we give such insured notice. The number of days' notice we will give is ten unless another number is shown on the declarations page, &Jmft' o uft >.gl• President • 1 ••• M 11 I ••• :• n •• ADDITE AL I1iSLIUM: THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS STATE FA¢M MCHARC•rw•K, Agnt li-. #0465577 199 E. Thomand Oaks Blvd., Ste. 101 INSURANCE Thousand Oaks, Calitomia 91360 ® Bus. 805497 -9435 Fax. 605- 497 -9437 • CERTIFICATE OF INSURANCE • Si RT r� iARM T s th ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois in fR§ p I 'ng policyholder for the coverages indicated below: policyholder BELAIRE WEST LANDSCAPE, INC. Address of policyholder P.O. BOX 6210 BUENA PARK, CA 90622 7pg Location of operations CITY OF NEWPORT BEACH, MARINERS VILLAGE„ OORMCP N0. 3612/111B Descriptionofoperations LANDSCAPE IMPROVEMENTS OPERATIONS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Data LIMITS OF LIABILITY at beginning of policy period) Comprehensive BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes: ❑ Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ ❑ Personal Injury ❑ Advertising Injury General Aggregate $ ❑ Explosion Hazard Coverage Products - Completed ❑ Collapse Hazard Coverage Operations Aggregate $ ❑ General Aggregate Limit applies to each project EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE Effective Data Iratlon Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Polic Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF LIABILITY at beginning of policy period) 056 6526 -75 AUTO LIABILITY 03/06/03 03/06/04 $1,000,000 056 6526 -75 NON OWNED AUTO 03/06/03 03 06/04 CSL 056 6526 -75 HIRED AUTO 03/06/03 03/06/04 If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to ADDITIONAL INSUREDS: the certificate holder 3 0 days before cancellation. In THE OFFICERS, 1OFFICIALS, EMPLOYEES, AND NEWOMMUM • 9E ADDITIONAL INSURED: Name and Address of Certificate Holder CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 555 -994 a 2 -90 Printed M U.SA. _ STATE iARM MICHAEL C. CUSICK, Agent Lic. #0465577 199 E. Thousand Oaks Blvd., Ste. 101 INEUEANCE ThousandOaks,Califomia 91360 ® Bus. 805 -497 -9435 Fax �� l txc Signature of Authorized Representative AGENT Title Date JUNE 20, 2003 i� L SIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 25, 2003 GROUP: 000046 POLICY NUMBER: 4250 -2003 CERTIFICATE ID: 162 CERTIFICATE EXPIRES: 01 -01 -2004 - .x......01 -01- 2003/01 -01 -2004 CITY OF NEWPORT:- BEACH`:. -.. PUBLIC WORKS DEPT: ATTN :SHARI ROOKS: -PUB WORKS SPEC 3300 NEWPORT BEACH - - -- -- NEWPORT BEACH CA 92663 3612 BWL JOB #411 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the - employer named below for the policy period indicated♦ - -: -- - -- This policy'is.not subject to cancellation by the Fund except upon 30days- advance written -notice to the employer. We will also give you 30 days advance notice should this policy be.cancelled prior to its.normal expiration. This certificate of insurance is not an insurance.policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. AALrHHORIZED REPRESENTAnVE PRESIDENT .. .... ... .. .... ... ...... .. ....... ..... .. .. .. ... . EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT 40015 ENTITLED ADDITIONAL :INSURED 'EMPLOYER - EFFECTIVE 01 -01 -2003 IS ATTACHED TO AND FORMS A PART OF -- THISPOLICY.: - NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT 42065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 - ENTITLED WAIVER OF SUBROGATION EFFECTIVE 06 -25 -2003 IS ATTACHED TO AND.FORMS A.PART.OF THIS POLICY.. THIRD. PARTY NAME: CITY OF NEWPORT:BEACH: EMPLOYER BELAIRE -WEST LANDSCAPE, -.INC. PO BOX 6270 BUENA PARK CA 90622..... . SCIF 70262E fEPF -UI: JT 1 �JUN_25 -2003 WED 03:17 PM CAL_ SURANCE FAX N0. 4391654 P. 01 Fax #: qu9- 1 ,0q4- 331f CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: tP - f%7 3 Dept./Contact -Received From: Date Completed: l,D' ���a ?� Sent to: m By: Company /Person required to have certificate: Oasct e I. GENERAL LIABILITY A. INSURANCE COMPANY: C—p L" ►"1L%j B. AM BEST RATING (A: VII or greater): U C. ADMITTED Company (Must be California Admitted): in ❑ Yes KN Is Company admitted California? D. LIMITS (Must be $11M or greater): What is limit provided? :;l i E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Kyes © No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its o, ffcers, officiWL employees and volunteers : Is 't included? rr1i551 Ry �^ N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING Must be included): Is it included? Yes ❑ No H, CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes KNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY n A. INSURANCE COMPANY: � vv1 1 ' M r LL!I l&. B. AM BEST RATING (A: VII or greater): -f-t x y C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? eyes [] No D. LIMITS (Must be $1 M min. BI & PO and $500,000 UM): What is limits provided? 1 rn f E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers officials, employees and volunteers) Is it included? . mac} rt q (Wes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): I Is it included? O l a © 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 --1b 'FU IID LD A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): _ C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes X`No 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 2 2 -9.3 Survey Service 2 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5-2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 i • 6 -7.2 Working Days 6 -7.4 Working Hours 6-9 LIQUIDATED DAMAGES 4 5 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.8 Steel Plates 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 13 TECHNICAL PROVISIONS - Pages 1 -61 1.0 STANDARD SPECIFICATIONS 1 of 61 2.0 STANDARD TECHNICAL PROVISIONS 1 of 61 2.1 DIFFERING SITE CONDITIONS 1 of 61 2.2 PUBLIC SAFETY 1 of 61 2.3 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES 2 of 61 2.4 SOUND CONTROL REQUIREMENTS 2 of 61 2.5 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS 3 of 61 2.6 OBSTRUCTIONS 3 of 61 2.7 EXISTING HIGHWAY FACILITIES 3 of 61 2.8 ASPHALT CONCRETE 3 of 61 0 3.0 SPECIAL TECHNICAL PROVISIONS 3.1 MOBILIZATION 3.2 TRAFFIC CONTROL SYSTEM 3.3 REMOVE CONCRETE (SIDEWALK) 3.4 REMOVE CONCRETE / AC (DRIVEWAY) 3.5 REMOVE PCC PAVEMENT (MEDIAN AREAS) 3.6 EXPORT SOIL (EXCESS MATERIAL) 3.7 RELOCATE NEWSSTAND 3.8 RELOCATE FENCE AND GATE 3.9 RELOCATE PARKING METER POSTS 3.10 WATER SERVICE RELOCATION 3.11 WATER SERVICE (25mm) 3.12 MINOR CONCRETE 3.12(a) MINOR CONCRETE (SIDEWALK) 3.12(b) MINOR CONCRETE (DRIVEWAY) 3.12(c) MINOR CONCRETE (STAMPED) 3.13(d) MINOR CONCRETE (CURB RAMPS) 3.14 IRRIGATION CROSSOVER 3.15 PAVEMENT STRIPING AND MARKINGS 3.16 IMPORTED TOPSOIL 3.17 COMMERCIAL FERTILIZER 3.18 SOIL AMENDMENTS 3.19 MULCH 3.20 WASHINGTONIA ROBUSTA 3.21 LIGUSTRUM J. 'TEXANUM' 3.22 CARISSA'GREEN CARPET' 3.23 RHAPHIOLEPIS I. 'CLARA' 3.24 PLANT ESTABLISHMENT 3.25 TREE GRATES 3.26 SUMPS FOR PALMS 3.27 ROOT CONTROL BARRIER 3.28 EROSION CONTROL 3.29 HIGHWAY PLANTING 3.30 IRRIGATION SYSTEM 3.31 ELECTRICAL SYSTEM 3.32 TRAFFIC SIGNAL MODIFICATIONS 3.33 BOX & DELIVER EXISTING PALMS Last saved by mlocey05 /07/2003 3:18 PM f:\ users\ pbw\sbmtd \contmcts\mastas\masters for contract set up\master specs indmdoc 0 4 of 61 4of61 4 of 61 12 of 61 12 of 61 13 of 61 13 of 61 13 of 61 14 of 61 14 of 61 14 of 61 15 of 61 15 of 61 17 of 61 17 of 61 17 of 61 17 of 61 17 of 61 18 of 61 18 of 61 18 of 61 19 of 61 19 of 61 19 of 61 20 of 61 20 of 61 21 of 61 21 of 61 21 of 61 21 of 61 22 of 61 22 of 61 22 of 61 24 of 61 48 of 61 61 of 61 61 of 61 0 • SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MARINERS VILLAGE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3612 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5823 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements; (5) Caltrans Standards 1999. 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 the installation of new landscaping and irrigation equipment along the northerly sidewalk and median areas between 2400 and 2600 Pacific Coast Highway. This is located from Riverside Avenue to approximately 600 feet south of Tustin Avenue. The landscaping improvements consist of approximately twenty -three (23) Washingtonia robusta palm trees — 30 feet in height — and low height shrubs. The palm trees will be located within 5 -foot by 5 -foot planter areas with tree grates at the base of the trees. Work shall also include removal and replacement of concrete sidewalk, and trenching of AC pavement in Coast Highway to install irrigation crossovers. There is also minor traffic signal modification work involved in the contract." SP 2 OF 13 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following Contractor's costs and shall constitute the rr 1) Labor . ............................... 2) Materials ............................ 3) Equipment Rental ................ 4) Other Items and Expenditures percentages shall be added to the arkup for all overhead and profits: ........... 20 ........... 15 ........... 15 ........... 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. SP3OF13 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection,. and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SP4OF13 The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and shall furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 90 consecutive working days after the date on the Notice to Proceed." It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t ,t 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), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." • • SP 5 OF 13 6 -7.4 Working Hours. Normal working hours, for work NOT requiring traffic lane closures, are limited to 5:00 a.m. to 4:00 p.m., Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. Night Work (For All Work requiring traffic lane closures) For those locations where night work is indicated on the traffic control plans, the following requirements would apply: A. Night work hours shall be considered to be from 9:00 p.m. to 6:00 a.m. Monday through Friday-. B. The Engineer must approve all requests for night work. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be • • SP6OF13 allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained 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 plates from and return plates 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 Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc., and Caltrans Standards and requirements. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by SP7OF13 construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the 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 during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "A traffic control plan and detour plan(s) for the project have been included in the bid set for the Contractor's use. The Contractor shall adhere to the conditions of the traffic control plans provided. If the Contractor chooses not to use the traffic control plan provided in the bid set, the Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition, and Caltrans Standards and requirements. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners. 5. When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of a traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m without written approval from the Engineer. 0 0 SP8OF13 6. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of, and adjacent to, the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. 7. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. For Additional Traffic Control information see Section 3.2 in the Technical Special Provisions. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10 PUBLIC CONVENIENCE AND SAFETY 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. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents and business i • SP 9 OF 13 owners, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents and business owners a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor; materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. SP 10 OF 13 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: Refer to Technical Special Provisions attached and Plans for more detailed description of work required for each bid item. Item No. 1: Mobilization: Work under this item shall include, but not be limited to, providing bonds, insurance and financing, establishing a field office, preparing and implementing the Water Pollution Control Program, preparing the construction schedule, and all other related work as required by the Contract Documents. Item No. 2: Traffic Control System: Work under this item shall include delivering all required notifications, post signs and all costs incurred notifying residents and business owners. In addition, this item includes providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the City of Newport Beach and Caltrans requirements per the Traffic Control plans included in the bid set. Item No. 3: Remove Concrete (Sidewalk): Work under this item shall include removing of the existing concrete sidewalk in the locations as noted on the plans, disposal of the removed materials, restoring any existing improvements that may be damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 4: Remove Concrete /AC (Driveway): Work under this item shall include removal of the existing concrete and asphalt concrete at the driveways at the locations as shown on the plans; disposal of the removed materials; restoring all existing improvements that may be damaged by the work, and all other work items as required to complete the work in place. Item No. 5: Remove PCC Pavement (Median Areas): Work under this item shall include removal of the PCC pavement in the median areas in the locations as noted on the plans, disposal of the removed materials, and all other work items as required to complete the work in place. Item No. 6: Export Soil (Excess Material): Work under this item shall include removing and disposing of the excess graded material included in the various items of work, and all other work items as required to complete the work in place. Item No. 7: Relocate Newsstand: Work under this item shall include removing and relocating of the existing newsstand to the location as shown on the plan, and all other work items as required to complete the work in place. • 0 SP 11 OF 13 Item No. 8: Relocate Fence and Gate: Work under this item shall include relocation of existing fence and gate, as shown on the details on the plans, and all other work items as required to complete the work in place. Item No. 9: Relocate Parking Meter Posts: Work under this item shall include removal of the existing posts and relocation of the posts in the location shown on the plans, and all other work items as required to complete the work in place. The parking meter heads will be removed and reinstalled by City staff. Item No. 10: Water Service Re- Location: Work under this item shall include relocating water service around tree well(s) in the location shown on the plan, and all other work items as required to complete the work in place. Item No. 11: Water Service (25mm): Work under this item shall include constructing 25mm water service as shown on the plans, and all other work items as required to complete the work in place. Item No. 12: Minor Concrete (100 mm Sidewalk): Work under this item shall include constructing 100mm thick concrete sidewalk, in the locations shown on the plans, and all other work items as required to complete the work in place. Item No. 13: Minor Concrete (150 mm Driveway) : Work under this item shall include constructing 150 mm thick concrete driveway, in the locations shown on the plans, and all other work items as required to complete the work in place. Item No. 14: Minor Concrete (Stamped): Work under this item shall include constructing stamped concrete, at locations as shown on the plans, and all other work items as required to complete the work in place. Item No. 15: Minor Concrete (Curb Ramp): Work under this item shall include constructing the handicapped curb ramps as shown on the plans and per the Caltrans Standards, and all other work items as required to complete the work in place. Item No. 16: Irrigation Crossover: Work under this item shall include sawcutting, trenching, fumishing material, laying of pipe, backfilling, repairing AC pavement, restriping if necessary, and all other work items as required to complete the work in place. Item No. 17: Pavement Striping & Markings: Work under this item shall include removing existing striping and installation of all striping along Pacific Coast Highway as shown on the plans, and all other work items as required to complete the work in place. Item No. 18: Soil Amendments: Work under this item shall include acquisition of material, placing, spreading and mixing of soil amendments as described in the specifications, and all other work items as required to complete the work in place. 0 SP 12 OF 13 Item No. 19: Mulch: Work under this item shall include acquisition of material, placing, spreading of mulch products as described in the specifications, and all other work items as required to complete the work in place. Item No. 20: Plant Establishment: Work under this item shall include satisfactory completion of the plant establishment work per the requirements of the special provisions, and all other work items as required to complete the work in place. Item No. 21: Tree Grates: Work under this item shall include furnishing and installation of the tree grates as shown on the plans and per the requirements of the special provisions , and all other work items as required to complete the work in place. Item No. 22: Topsoil: Work under this item shall include acquisition of material, placing, spreading of material at locations as shown on plans, and all other work items as required to complete the work in place. Material shall meet requirements of the special provisions. Item No. 23: Washingtonia Robusta: Work under this item shall include acquisition, delivery, storage, warranty and installation of the Washingtonia Robusta palm trees per the requirements of the plans and the special provisions, and all other work items as required to complete the work in place. Item No. 24: Ligustrum J. "Texanum ": Work under this item shall include acquisition, delivery, storage and installation of the Ligustrum J. Texanum shrubs per the requirements of the plans and the special provisions, and all other work items as required to complete the work in place. Item No. 25: Carissa "Green Carpet": Work under this item shall include acquisition, delivery, storage and installation of the Carissa "Green Carpet" groundcover per the requirements of the plans and the special provisions, and all other work items as required to complete the work in place. Item No. 26: Irrigation System: Work under this item shall include installation of the complete irrigation system per the project plans, details and special provisions; including but not limited to electrical connections, electrical meters, irrigation controller connections, furnishing all materials, setting up system, testing system, providing warranty, and all other work items as required to complete the work in place. Item No. 27: Palm Drain Sump: Work under this item shall include furnishing materials, installation of the drain sumps for the palm tree plantings per the details as shown on the plans, and per the special provisions, and all other work items as required to complete the work in place. 0 SP 13 OF 13 Item No. 28: Tree Root. Barrier: Work under this item shall include the furnishing and installing of the root control barrier as shown on the plan details and per the requirements of the special provisions, and all other work items as required to complete the work in place. Item No. 29: Traffic Signal Modifications: Work under this shall include installation of new traffic signal conduit and pull boxes, install conduit into existing pull boxes, splice new to existing conductors, and all other work items as required to complete the work in place. Item No. 30: Box & Relocate. Existing Palms: Work under this shall include removal, boxing and relocation of the two (2) existing palm trees located within the median near Riverside Avenue, and all other work items as required to complete the work in place. The palm trees shall be relocated to the City General Services Yard at 592 Superior Avenue, Newport Beach, CA 92663. Attn: Marcy Lomeli. Item No. 31: Rhaphiolepis i. `Clara': delivery, storage and installation of the requirements of the plans and the special required to complete the work in place. Work under this shall include acquisition, Rhaphiolepis i. 'Clara' shrubs per the provisions, and all other work items as 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." F : \USERS\PB\MShared\Contracts \FY 02 -03 \MARINERS VILLAGE LANDSCAPE C -3612 \SPECS C- 3612.doc • • Technical Provisions 1.0 STANDARD SPECIFICATIONS The items referenced herein as "Caltrans Standard Specifications" shall be the applicable portions of the State of California Department of Transportation Standard Specifications, dated July 1999. 2.0 STANDARD TECHNICAL PROVISIONS 2.1 DIFFERING SITE CONDITIONS Attention is directed to Section 5- 1.116, "Differing Site Conditions," of the Caltrans Standard Specifications. During the progress of the work, if subsurface or latent conditions are encountered at the site differing materially from those indicated or an examination of the conditions above ground at the site, the party discovering those conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. The Contractor will be allowed 15 days from the notification of the Engineer's determination of whether or not an adjustment of the contract is warranted, in which to file a notice of potential claim in conformance with the provisions of Section 9 -1.04, "Notice of Potential Claim," of the Caltrans Standard Specifications and as specified herein; otherwise the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. The notice of potential claim shall set forth in what respects the Contractor's position differs from the Engineer's determination and provide any additional information obtained by the Contractor, including but not limited to additional geotechnical data. The notice of potential claim shall be accompanied by the Contractor's certification that the following were made in preparation of the bid: a review of the contract and an examination of the conditions above ground at the site. Supplementary information, obtained by the Contractor subsequent to the filing of the notice of potential claim, shall be submitted to the Engineer in an expeditious manner. 2.2 PUBLIC SAFETY The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7 -1.09, "Public Safety," of the Caltrans Standard Specifications and these special provisions. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions: 1 of 61 0 0 Approach Speed of Public Traffic Work Areas (Posted Limit) Kilometers Per Hour 56 to 72 (35 to 45 Miles Per Hour) Within 0.9 -m of a traffic lane but not on a traffic lane When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. Full compensation for conforming to the provisions in this section "Public Safety, shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. 2.3 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8 -1.09, "Right of Way Delays," of the Caltrans Standard Specifications. 2.4 SOUND CONTROL REQUIREMENTS Sound control shall conform to the provisions in Section 7- 1.011, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dBa at a distance of 15 m. This requirement shall not relieve the Contractor from responsibility for complying with local ordinances regulating noise level. 2of61 • i The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 2.5 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 2.6 OBSTRUCTIONS Attention is directed to Section 8 -1.10, "Utility and Non - Highway Facilities," and Section 15, "Existing Highway Facilities," of the Caltrans Standard Specifications and these special provisions. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include, but are not limited to, the following: Notification Center Telephone Number Underground Service Alert- Southern California 1- 800 - 227 -2600 USA 2.7 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Caltrans Standard Specifications. 2.8 ASPHALT CONCRETE Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Caltrans Standard Specifications and these special provisions. Asphalt concrete shall be produced from commercial quality asphalt and aggregates. The spreading and compacting provisions in Section 39 -6.02, "Spreading," and Section 39 -6.03, "Compacting," of the Standard Specifications will not apply. The asphalt concrete shall conform to the following requirements: A. Asphalt concrete shall be produced at a central mixing plant. B. Aggregate shall conform to the 19 mm, Maximum, Medium grading conforming to the provisions in Section 39 -2.02, "Aggregate," of the Standard Specifications. 3of61 • C. The amount of asphalt binder to be mixed with the aggregate shall be between 4 percent and 7 percent by mass of the dry aggregate as determined by the Engineer. The fifth through eighth paragraphs in Section 39 -3.03, "Proportioning," of the Caltrans Standard Specifications shall not apply. D. Spreading and compacting shall be performed by methods that will produce an asphalt concrete surfacing of uniform smoothness, texture, and density. A paint binder will not be required. 3.0 SPECIAL TECHNICAL PROVISIONS 3.1 MOBILIZATION Mobilization shall conform to the provisions in Section 11, "Mobilization," of the Caltrans Standard Specifications and these special provisions. Preparation and installation of the water pollution control plan shall conform to the provisions in Section 7 -1.01, "Legal Relations and Responsibility," of the Caltrans Standard Specifications. 3.2 TRAFFIC CONTROL SYSTEM The traffic control system shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Caltrans Standard Specifications and these special provisions. 3.2.1 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS Caltrans maintains the following list of Pre - qualified and Tested Signing and Delineation Materials. The Engineer shall not be precluded from sampling and testing products on the list of Pre - qualified and Tested Signing and Delineation Materials. The manufacturer of products on the list of Pre - qualified and Tested Signing and Delineation Materials shall furnish the Engineer a Certificate of Compliance in conformance with the provisions in Section 6 -1.07, "Certificates of Compliance," of the Caltrans Standard Specifications for each type of traffic product supplied. For those categories of materials included in the list of Pre - qualified and Tested Signing and Delineation Materials, only those products shown within the listing may be used in the work. Other categories of products, not included in the list of Pre - qualified and Tested Signing and Delineation Materials, may be used in the work provided they conform to the requirements of the Caltrans Standard Specifications. Materials and products may be added to the list of Pre - qualified and Tested Signing and Delineation Materials if the manufacturer submits a New Product Information Form to the New Product Coordinator at the Transportation Laboratory. Upon a City request for samples, sufficient samples shall be submitted to permit performance of required tests. Approval of materials or products will depend upon compliance with the specifications and tests the City may elect to perform. 4of61 • • PAVEMENT MARKERS, PERMANENT TYPE Retroreflective With Abrasion Resistant Surface (ARS) A. Apex, Model 921AR (100 mm x 100 mm) B. Avery Dennison (formerly Stimsonite), Models C88 (100 mm x 100 mm), 911 (100 mm x 100 mm) and 953 (70 mm x 114 mm) C. Ray- O -Lite, Model "AA" ARS (100 mm x 100 mm) D. 3M Series 290 (89 mm x 100 mm) Retroreflective With Abrasion Resistant Surface (ARS) (for recessed applications only) A. Avery Dennison (formerly Stimsonite), Model 948 (58 mm x 119 mm) B. Avery Dennison (formerly Stimsonite), Model 944SB (51 mm x 100 mm)* C. Ray- O -Lite, Model 2002 (58 mm x 117 mm) D. Ray- O -Lite, Model 2004 ARS (51 mm x 100 mm)* *For use only in 114 mm wide (older) recessed slots Non - Reflective For Use With Epoxy Adhesive, 100 mm Round A. Apex Universal (Ceramic) Non - Reflective For Use With Bitumen Adhesive, 100 mm Round A. Alpine Products, "D -Dot" and "ANR" (ABS) B. Apex Universal (Ceramic) C. Apex Universal, Models 929 (ABS) and 929PP (Polypropylene) D. Elgin Molded Plastics, "Empco -Lite" Model 900 (ABS) E. Hi -Way Safety, Inc., Models P20 -200OW and 2001Y (ABS) F. Interstate Sales, "Diamond Back" (ABS) and (Polypropylene) G. Novabrite Models Adot -w (White) Adot -y (Yellow), (ABS) H. Road Creations, Model RCB4NR (Acrylic) I. Zumar Industries, "Titan TM40A" (ABS) STRIPING AND PAVEMENT MARKING MATERIAL Permanent Traffic Striping and Pavement Marking Tape A. Advanced Traffic Marking, Series 300 and 400 B. Brite -Line, Series 1000 C. Brite -Line, "DeltaLine XRP" D. Swarco Industries, "Director 35" (For transverse application only) E. Swarco Industries, "Director 60" F. 3M, "Stamark" Series 380 and 5730 G. 3M, "Stamark" Series 420 (For transverse application only) CLASS 1 DELINEATORS One Piece Driveable Flexible Type, 1700 mm A. Bunzl Extrusion, "Flexi -Guide Models 400 and 566" B. Carsonite, Curve -Flex CFRM -400 C. Carsonite, Roadmarker CRM -375 D. FlexStake, Model 654 TM 5of61 E. GreenLine Models HWD1 -66 and CGD1 -66 F. J. Miller Industries, Model JMI -375 (with soil anchor) Special Use Flexible Type, 1700 mm A. Bunzl Extrusion, Model FG 560 (with 450 mm U- Channel base) B. Carsonite, "Survivor" (with 450 mm U- Channel base) C. Carsonite, Roadmarker CRM -375 (with 450 mm U- Channel base) D. FlexStake, Model 604 E. GreenLine Models HWDU and CGD (with 450 mm U- Channel base) F. Safe -Hit with 200 mm pavement anchor (SH248 -GP1) G. Safe -Hit with 380 mm soil anchor (SH248 -GP2) and with 450 mm soil anchor (SH248 -GP3) Surface Mount Flexible Type, 1200 mm A. Bent Manufacturing Company, Masterflex Model MF- 180EX -48 B. Carsonite, "Super Duck II" C. FlexStake, Surface Mount, Models 704 and 754 TM CHANNELIZERS Surface Mount Type, 900 mm A. Bent Manufacturing Company, Masterflex Models MF- 360 -36 (Round) and MF- 180 -36 (Flat) B. Bunzl Extrusion, Flex -Guide Models FG300LD and FG300UR C. Carsonite, "Super Duck" (Flat SDF -436, Round SDR -336) D. Carsonite, "Super Duck II" Model SDCF203601MB "The Channelizer" E. FlexStake, Surface Mount, Models 703 and 753 TM F. GreenLine, Model SMD -36 G. Hi -Way Safety, Inc. "Channel Guide Channelizer" Model CGC36 H. Repo, Models 300 and 400 I. Safe -Hit, Guide Post, Model SH236SMA J. The Line Connection, "Dura- Post" Model DP36 -3 (Permanent) K. The Line Connection, "Dura- Post" Model DP36 -3C (Temporary) CONICAL DELINEATORS, 1070 mm (For 700 mm Traffic Cones, see Standard Specifications) A. Bent Manufacturing Company "T -Top" B. Plastic Safety Systems "Navigator -42" C. Radiator Specialty Company "Enforcer" D. Roadmaker Company "Stacker" E. TrafFix Devices "Grabber" RETROREFLECTIVE SHEETING Channelizers, Barrier Markers, and Delineators A. Avery Dennison T -6500 Series (Formerly Stimsonite, Series 6200) (For rigid substrate devices only) B. Nippon Carbide, Flexible Ultralite Grade (ULG) II C. Reflexite, PC -1000 Metalized Polycarbonate D. Reflexite, AC -1000 Acrylic 6 of 61 • L E. Reflexite, AP -1000 Metalized Polyester F. Reflexite, Conformalight, AR -1000 Abrasion Resistant Coating G. 3M, High Intensity Traffic Cones, 330 mm Sleeves A. Reflexite SB (Polyester), Vinyl or "TR" (Semi- transparent) Traffic Cones, 100 mm and 150 mm Sleeves A. Nippon Carbide, Flexible Ultralite Grade (ULG) II B. Reflexite, Vinyl, "TR" (Semi- transparent) or "Conformalight' C. 3M Series 3840 Barrels and Drums A. Avery Dennison W -6100 B. Nippon Carbide, Flexible Ultralite Grade (ULG) II C. Reflexite, "Conformalight', "Super High Intensity" or "High Impact Drum Sheeting" D. 3M Series 3810 Barricades: Type I, Medium- Intensity (Typically Enclosed Lens, Glass -Bead Element) A. American Decal, Adcolite B. Avery Dennison, T -1500 and T -1600 series C. 3M Engineer Grade, Series 3170 Barricades: Type II, Medium - High- Intensity (Typically Enclosed Lens, Glass -Bead Element) A. Avery Dennison, T -2500 Series B. Kiwalite Type II C. Nikkalite 1800 Series Signs: Type II, Medium- High- Intensity (Typically Enclosed Lens, Glass -Bead Element) A. Avery Dennison, T -2500 Series B. Kiwalite, Type II C. Nikkalite 1800 Series Signs: Type III, High- Intensity (Typically Encapsulated Glass -Bead Element) A. Avery Dennison, T -5500 Series B. Nippon Carbide, Nikkalite Brand Ultralite Grade II C. 3M Series 3870 Signs: Type IV, High - Intensity (Typically Unmetallized Microprismatic Element) A. Avery Dennison, T -6500 Series (Formerly Stimsonite Series 6200) 7of61 0 Signs: Type VI, Elastomeric (Roll -Up) High- Intensity, without Adhesive A. Reflexite "Vinyl' (Orange) B. Reflexite "SuperBright" (Fluorescent orange) C. Reflexite "Marathon" (Fluorescent orange) D. 3M Series RS34 (Orange) and RS20 (Fluorescent orange) Signs: Type VII, Super- High- Intensity (Typically Unmetallized Microprismatic Element) A. 3M LDP Series 3970 Signs: Type VIII, Super- High- Intensity (Typically Unmetallized Microprismatic Element) A. Avery Dennison, T -7500 Series SPECIALTY SIGNS A. All Sign Products, STOP Sign (All Plastic), 750 mm B. Relexite "Endurance" Work Zone Sign SIGN SUBSTRATE Fiberglass Reinforced Plastic (FRP) A. Fiber -Brite B. Sequentia, "Polyplate" Aluminum 3.2.2 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Caltrans Standard Specifications and these special provisions. Category 1 traffic control devices are defined as those devices that are small and lightweight (less than 45 kg), and have been in common use for many years. The devices shall be known to be crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category 1 traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Engineer, the Contractor shall provide written self - certification for crashworthiness of Category 1 traffic control devices. Self- certification shall be provided by the manufacturer or Contractor and shall include the following: date, Federal Aid number (if applicable), expenditure authorization, district, county, route and kilometer post of project limits; company name of certifying vendor, street address, city, state and zip code; printed name, signature and title of certifying person; and an indication of which Category 1 traffic control devices will be used on the project. The Contractor may obtain a standard form for self - certification from the Engineer. Category 2 traffic control devices are defined as those items that are small and lightweight (less than 45 kg), that are not expected to produce significant vehicular 8of61 velocity change, but may otherwise be potentially hazardous. Category 2 traffic control devices include barricades and portable sign supports. Category 2 devices purchased on or after October 1, 2000 shall be on the Federal Highway Administration (FHWA) Acceptable Crashworthy Category 2 Hardware for Work Zones list. This list is maintained by FHWA and can be located at the following internet address: http:// safety.fhwa.dot.gov /fourthievel/ hardware /listing.cfm ?code = workzone. The Department maintains a secondary list at the following internet address: http: / /www.dot.ca.gov /hq/ traffops /signtech /signdel /pdffiles. htm. Category 2 devices that have not received FHWA acceptance, and without a label shall not be used on the project. Category 2 devices in use that have received FHWA acceptance shall be labeled with the FHWA acceptance letter number and the name of the manufacturer by the start of the project. The label shall be readable. If requested by the Engineer, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices. For each type of device, the list shall indicate the FHWA acceptance letter number and the name of the manufacturer. 3.2.3 CONSTRUCTION AREA SIGNS Construction area signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Caltrans Standard Specifications and these special provisions. Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Type II retroreflective sheeting shall not be used on construction area sign panels. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Notification Center Telephone Number Underground Service Alert- Southern California 1 -800- 227 -2600 USA Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" of these special provisions. 9of61 0 0 The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for construction area signs shall be of sufficient size and density to completely block out the complete face of the signs. The retroreflective face of the covered signs shall not be visible either during the day or at night. Covers shall be fastened securely so that the signs rerhain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly. 3.2.4 MAINTAINING TRAFFIC Attention is directed to Sections 7 -1.08, 'Public Convenience," 7 -1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Caltrans Standard Specifications and to the provisions in 'Public Safety" of these special provisions and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7 -1.09. The work shall be performed in conformance with the stages of construction shown on the plans. Nonconflicting work in subsequent stages may proceed concurrently with work in preceding stages, provided satisfactory progress is maintained in the preceding stages of construction. 3. 2.5 CLOSURE REQUIREMENTS AND CONDITIONS Lane closures shall conform to the provisions in "Maintaining Traffic" of these special provisions and these special provisions. The term closure, as used herein, is defined as the closure of a traffic lane or lanes, including ramp or connector lanes, within a single traffic control system. CLOSURE SCHEDULE By noon Monday, the Contractor shall submit a written schedule of planned closures for the following week period, defined as Friday noon through the following Friday noon. The Closure Schedule shall show the locations and times when the proposed closures are to be in effect. The Contractor shall use the Closure Schedule request forms furnished by the Engineer. Closure Schedules submitted to the Engineer with incomplete, unintelligible or inaccurate information will be returned for correction and resubmittal. The Contractor will be notified of disapproved closures or closures that require coordination with other parties as a condition of approval. Amendments to the Closure Schedule, including adding additional closures, shall be submitted to the Engineer, in writing, at least 3 working days in advance of a planned closure. Approval of amendments to the Closure Schedule will be at the discretion of the Engineer. The Contractor shall confirm, in writing, all scheduled closures by no later than 8:00 a.m. 3 working.days prior to the date on which the closure is to be made. Approval or denial of scheduled closures will be made no later than 4:00 p.m. 2 working days prior to the date on. which the closure is to be made. Closures not confirmed or approved will not be allowed. 10 of 61 , , , 0 0 Confirmed closures that are cancelled due to unsuitable weather may be rescheduled at the discretion of the Engineer for the following working day. CONTINGENCY PLAN The Contractor shall prepare a contingency plan for reopening closures to public traffic. The Contractor shall submit the contingency plan for a given operation to the Engineer within one working day of the Engineers request. LATE REOPENING OF CLOSURES If a closure is not reopened to public traffic by the specified time, work shall be suspended in conformance with the provisions in Section 8 -1.05, "Temporary Suspension of Work," of the Standard Specifications. The Contractor shall not make any further closures until the Engineer has accepted a work plan, submitted by the Contractor, that will ensure that future closures will be reopened to public traffic at the specified time. The Engineer will have 2 working days to accept or reject the Contractor's proposed work plan. The Contractor will not be entitled to any compensation for the suspension of work resulting from the late reopening of closures. COMPENSATION The Contractor shall notify the Engineer of any delay in the Contractor's operations due to the following conditions, and if, in the opinion of the Engineer, the Contractor's controlling operation is delayed or interfered with by reason of those conditions, and the Contractor's loss due to that delay could not have been avoided by rescheduling the affected closure or by judicious handling of forces, equipment and plant, the delay will be considered a right of way delay within the meaning of Section 8 -1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8 -1.09: A. The Contractor's proposed Closure Schedule is denied and his planned closures are within the time frame allowed for closures in "Maintaining Traffic" of these special provisions, except that the Contractor will not be entitled to any compensation for amendments to the Closure Schedule that are not approved. B. The Contractor is denied a confirmed closure. Should the Engineer direct the Contractor to remove a closure prior to the time designated in the approved Closure Schedule, any delay to the Contractor's schedule due to removal of the closure will be considered a right of way delay within the meaning of Section 8 -1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8 -1.09. 3.2.6 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE A traffic control system shall consist of closing traffic lanes in conformance with the details shown on the plans, the provisions in Section 12, "Construction Area Traffic Control Devices," of the Caltrans Standard Specifications, the provisions under "Maintaining Traffic" and "Construction Area Signs" of these special provisions, and these special provisions. The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take measures as may be necessary to comply with the provisions in Section 7 -1.09, "Public Safety," of the Caltrans Standard Specifications. 11 of 61 0 0 Each vehicle used to place, maintain and remove components of a traffic control system on multilane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining or removing components. Vehicles equipped with Type II flashing arrow sign not involved in placing, maintaining or removing components when operated within a stationary lane closure shall only display the caution display mode. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on the plans shall not be used on vehicles which are being used to place, maintain and remove components of a traffic control system and shall be in place before a lane closure requiring its use is completed. If components in the traffic control system are displaced or cease to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the components to the original condition or replace the components and shall restore the components to the original location. When lane closures are made for work periods only, at the end of each work period, components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations designated by the Engineer within the limits of the highway right of way. The adjustment provisions in Section 4 -1.03, "Changes," of the Caltrans Standard Specifications shall not apply to the item of traffic control system. Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. The adjustment will be made on a force account basis as provided in Section 9 -1.03, "Force Account Payment," of the Caltrans Standard Specifications for increased work and estimated on the same basis in the case of decreased work. 3.3 REMOVE CONCRETE (SIDEWALK) Removing concrete sidewalk shall conform to the provisions in Section 15 -3, 'Removing Concrete," of the Caltrans Standard Specifications, and these special provisions. Where no joint exists in the pavement on the line at which concrete is to be removed, a straight, neat cut with a power driven saw shall be made along the line to a minimum depth of 50 mm before removing the concrete. Concrete removed shall be disposed of outside the highway right of way in conformance with the provisions in Section 7 -1.13, "Disposal of Material Outside the Highway Right of Way," of the Caltrans Standard Specifications. 3.4 REMOVE CONCRETE / AC (DRIVEWAY) Removing concrete driveways shall conform to the provisions . in Section 15 -3, "Removing Concrete," of the Caltrans Standard Specifications, and these special provisions. 12 of 61 0 9 Where no joint exists in the pavement on the line at which concrete is to be removed, a straight, neat cut with a power driven saw shall be made along the tine to a minimum depth of 50 mm before removing the concrete. Existing asphalt concrete pavement shall be removed as required to construct the new concrete driveways as shown on the plans. Concrete and asphalt concrete removed shall be disposed of outside the highway right of way in conformance with the provisions in Section 7 -1.13, "Disposal of Material Outside the Highway Right of Way," of the Caltrans Standard Specifications. 3.5 REMOVE PCC PAVEMENT (MEDIAN AREAS) Removing portland cement concrete pavement shall conform to the provisions in Section 15 -3, 'Removing Concrete," of the Caltrans Standard Specifications, and these special provisions. Where no joint exists in the pavement on the line at which concrete is to be removed, a straight, neat cut with a power driven saw shall be made along the line to a minimum depth of 50 mm before removing the concrete. Concrete removed shall be disposed of outside the highway right of way in conformance with the provisions in Section 7 -1.13, "Disposal of Material Outside the Highway Right of Way," of the Caltrans Standard Specifications. 3.6 EXPORT SOIL (EXCESS MATERIAL) Removing and exporting excess soil material shall conform to the provisions in Section 19, "Earthwork," of the Caltrans Standard Specifications and these special provisions. Excess soil shall be considered the soil material to be removed for the complete planting and installation of the trees, plants, sumps, irrigation system conduits, and traffic signal conduits. Excess soil material shall become the property of the Contractor and shall be properly disposed of outside the project limits. The Contractor shall make all arrangements for disposal of the material at offsite locations and shall, upon request, file with the Engineer the written consent of the City of the property upon which it intends to dispose of such material. Quantities of surplus material are approximate only. The Contractor shall satisfy itself that there is sufficient material available for the completion of the fills (if any) before disposing of any surplus material. Any shortage of material, caused by premature disposal of the surplus material by the Contractor, shall be replaced by it and no compensation will be allowed for such replacement. 3.7 RELOCATE NEWSSTAND The Contractor shall protect and relocate the existing newsstands as shown on the plans. The final location of the relocated newsstands shall be approved by the Engineer. 13 of 61 • . , f . . • • During construction, newsstands within the work area shall be temporarily relocated outside the work area to a location accessible to the general public. 3.8 RELOCATE FENCE AND GATE The Contractor shall protect and relocate existing fences and gates as shown on the plans. Relocation of existing fences on private property shall be coordinated with the property City(s), (Bayport Yachts contact J.R. Means III (949) 631 - 0288). Once relocation of the fence and /or gate has started, work is to continue without delay to complete relocation of the fence. Any damage to the fence and /or gate during the relocation shall be repaired by the Contractor at no additional cost. Relocating the fence and gate shall include re- alignment of the gate and gate track, removal of PCC and AC pavement as required to relocate and re -align the fence, gate and gate track, and furnishing and placement of PCC and AC pavement as required to patch and complete the work. Costs to re -align gate and gate track, removal and placement of PCC and AC pavement shall be included in the contract unit price for "Relocate Fence and Gate," and no additional compensation will be paid therefor. If additional fence is required to complete the relocation, the Contractor shall furnish and install the required additional materials. The additional fence shall match the existing fence material and color. Costs to furnish additional fence shall be included in the contract bid price and no additional compensation will be allowed therefor. If relocation of the fence cannot be completed within one working day the Contractor shall install temporary chain link fence and gate (1.8 meters tall) in place of the existing fence. Costs to furnish, install and remove any temporary chain link fence shall be included in the contract price for "Relocate Fence and Gate" and no additional compensation will be paid therefor. 3.9 RELOCATE PARKING METER POSTS The Contractor shall protect and relocate existing parking meter posts as shown on the plans. Relocated posts shall be installed per City of Newport Beach Standard 922 -L as determined by existing conditions. Removal and relocation of the meter unit shall be completed by the City. Relocation of the posts shall be coordinated with the City. Parking meter posts shall only be removed and relocated during the period of work the parking stalls are closed to public use. 3.10 WATER SERVICE RELOCATION Water service relocation shall be constructed as shown on the plans and shall conform to the applicable City of Newport Beach Standard Plans and Special Provisions, and these special provisions. Existing water meters and services shall remain in service until approval is obtained from the City of Newport Beach Utility Department to disconnect service.. Private property Citys /tenants affected by disconnection of the service shall be notified of the scheduled disconnection at least five (5) working days prior to disconnection. Once disconnection 14 of 61 0 0 of the service has started, work is to continue without delay to complete relocation of the service. The service is not to be disconnected over night. The relocated service shall be re- connected to the existing water meter. All work and materials shall meet current UPC standards and requirements. Material used shall match existing. 3.11 WATER SERVICE (25mm) A new water service shall be furnished and installed as shown on the plans and shall conform to the City of Newport Beach Standard Plans and Special Provisions, and as directed by the Engineer. 3.12 MINOR CONCRETE Items of minor concrete construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Caltrans Standard Specifications and these special provisions. Portland cement concrete shall conform to the provisions in Section 90, "Portland Cement Concrete," of the Caltrans Standard Specifications and these special provisions. References to Section 90 -2.01, 'Portland Cement," of the Caltrans Standard Specifications shall mean Section 90 -2.01, "Cement," of the Caltrans Standard Specifications. Caltrans maintains a list of sources of fine and coarse aggregate that have been approved for use with a reduced amount of mineral admixture in the total amount of cementitious material to be used. A source of aggregate will be considered for addition to the approved list if the producer of the aggregate submits to the Transportation Laboratory certified test results from a qualified testing laboratory that verifies the aggregate complies with the requirements. Prior to starting the testing, the aggregate test shall be registered with Caltrans. The registration number shall be used as the identification for the aggregate sample in correspondence with Caltrans. Upon request, a split of the tested sample shall be provided to Caltrans. Approval of aggregate will depend upon compliance with the specifications, based on the certified test results submitted, together with any replicate testing Caltrans may elect to perform. Approval will expire 3 years from the date the most recent registered and evaluated sample was collected from the aggregate source. Qualified testing laboratories shall conform to the following requirements: A. Laboratories performing ASTM Designation: C 1293 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Concrete Proficiency Sample Program and shall have received a score of 3 or better on all tests of the previous 2 sets of concrete samples. B. Laboratories performing ASTM Designation: C 1260 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Pozzolan Proficiency Sample Program and shall have received a score of 3 or better on the shrinkage and soundness tests of the previous 2 sets of pozzolan samples. 15 of 61 Aggregates on the list shall conform to one of the following requirements: A. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1293, the average expansion at one year shall be less than or equal to 0.040 percent; or B. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1260, the average of the expansion at 16 days shall be less than or equal to 0.15 percent. The amounts of cement and mineral admixture used in cementitious material shall be sufficient to satisfy the minimum cementitious material content requirements specified in Section 90 -1.01, "Description," or Section 90 -4.05, "Optional Use of Chemical Admixtures," of the Caltrans Standard Specifications and shall conform to the following: A. The minimum amount of cement shall not be less than 75 percent by mass of the specified minimum cementitious material content. B. The minimum amount of mineral admixture to be combined with cement shall be determined using one of the following criteria: 1. When the calcium oxide content of a mineral admixture is equal to or less than 2 percent by mass, the amount of mineral admixture shall not be less than 15 percent by mass of the total amount of cementitious material to be used in the mix. 2. When the calcium oxide content of a mineral admixture is greater than 2 percent by mass, and any of the aggregates used are not listed on the approved list as specified in these special provisions, then the amount of mineral admixture shall not be less than 25 percent by mass of the total amount of cementitious material to be used in the mix. 3. When the calcium oxide content of a mineral admixture is greater than 2 percent by mass and the fine and coarse aggregates are listed on the approved list as specified in these special provisions, then the amount of mineral admixture shall not be less than 15 percent by mass of the total amount of cementitious material to be used in the mix. 4. When a mineral admixture that conforms to the provisions for silica fume in Section 90 -2.04, "Admixture Materials," of the Standard Specifications is used, the amount of mineral admixture shall not be less than 10 percent by mass of the total amount of cementitious material to be used in the mix. 5. When a mineral admixture that conforms to the provisions for silica fume in Section 90 -2.04, "Admixture Materials," of the Standard Specifications is used and the fine and coarse aggregates are listed on the approved list as specified in these special provisions, then the amount of mineral admixture shall not be less than 7 percent by mass of the total amount of cementitious material to be used in the mix. C. The total amount of mineral admixture shall not exceed 35 percent by mass of the total amount of cementitious material to be used in the mix. Where Section 90 -1.01, "Description," of the Caltrans Standard Specifications specifies a maximum cementitious content in kilograms per cubic meter, the total mass of cement and mineral admixture per cubic meterr shall not exceed .the specified maximum cementitious material content. 16 of 61 0 0 3.12(a) MINOR CONCRETE (SIDEWALK) Construction of concrete sidewalk on private property shall be coordinated with the property Citys and tenants. 3.12(b) MINOR CONCRETE (DRIVEWAY) Asphalt concrete pavement shall be constructed or patched as required to complete the concrete driveway construction as shown on the plans. Existing driveways to be removed and reconstructed shall be completed in a manner to minimize the time period the driveway is unavailable to each property. The Contractor shall coordinate driveway construction with the property City and Engineer at least five working days prior to starting work on the driveways. If required, the Contractor shall complete driveway construction in segments to allow continual access to the property. Existing utilities within the limits of the driveway shall be adjusted to grade. 3.12(c) MINOR CONCRETE (STAMPED) The stamped concrete shall be constructed to match the color and pattern of the existing adjacent stamped concrete. The Engineer shall approve the color prior to placement of the concrete. 3.13(d) MINOR CONCRETE (CURB RAMPS) Construction of concrete curb ramps shall also include the removal and reconstruction of adjacent portions of the concrete gutter as shown on the plans. Limits of the concrete cross gutter reconstruction shall be approved by the Engineer. 3.14 IRRIGATION CROSSOVER Irrigation crossovers shall conform to the provisions in Section 20 -5, 'Irrigation Systems," of the Caltrans Standard Specifications and these special provisions. Conduits shall be placed in open trenches in conformance with the provisions in Section 20- 5.0313, "Conduit for Irrigation Crossovers" of the Caltrans Standard Specifications. Conduits shall be alternate conduits and, at the option of the Contractor, shall be one of the following: A. Bituminous coated corrugated steel pipe, B. Corrugated aluminum pipe, C. Acrylonitrile- butadiene - styrene (ABS) composite pipe, D. Corrugated high density polyethylene ( CHDPE) pipe conforming to the requirements in ASTM Designation: F 405 or F 667, or AASHTO Designation: M 252 or M 294 and shall be Type S. Couplings and fittings for CHDPE pipe shall be as recommended by the pipe manufacturer. Installation of pull boxes 'shall conform to the provisions in Section 20- 5.0271, "Conductors, Electrical Conduit and Pull Boxes," of the Caltrans Standard Specifications. 17 of 61 0 0 When no conductors are installed in electrical conduits, pull boxes for irrigation crossovers shall be installed on a foundation of compacted soil. 3.15 PAVEMENT STRIPING AND MARKINGS Painted pavement markings shall be applied in conformance with the provisions in Section 84, "Traffic Stripes and Pavement Markings," of the Caltrans Standard Specifications. Pavement striping and markings shall be installed after the construction equipment for the landscaping is removed and prior to the parking stalls being open to public use. 3.16 IMPORTED TOPSOIL Imported topsoil shall conform to the provisions in Section 20 -2.01, "Erosion Control and Highway Planting - Topsoil," of the Caltrans Standard Specifications and these special provisions. Sources: Furnish imported topsoil from sources accepted by the Engineer and /or Landscape Architect which meets the standards specified under "General Qualifications" above. Certification: Source of above shall be approved and conformity of material shall be laboratory verified for each 100 cubic yards of material delivered to the site. Analysis: Obtain an agricultural suitability analysis of the proposed import topsoil from the Project Agronomist at Contractor's cost and submit to Engineer and /or Landscape Architect for review and approval. " Project Agronomist: Wallace Laboratories, El Segundo, CA 90025.Tel. (310) 615- 6115). Dr. Garn Wallace; or equal. Acceptance: Submit soils analysis and recommendations .to the Engineer and /or Landscape Architect for acceptance. Amend topsoil per accepted soils analysis report. Samples: The Engineer and /or Landscape Architect reserves the right to take samples of the imported topsoil delivered to the site for conformance to the Specifications. Rejected Topsoil: Immediately remove rejected topsoil off the site at Contractor's expense. 3.17 COMMERCIAL FERTILIZER Commercial fertilizer for highway planting work shall be in pelleted, granular or tablet form. The following additives mayor may not be used depending. on the outcome of the agricultural suitability soils report: Gypsum: Agricultural grade product containing 80% minimum calcium sulfate, Iron Sulfate (Ferric or Ferrous): Supplied by a commercial fertilizer supplier, containing 20% iron and 35% to 40% sulfur, Single Super phosphate: Commercial product containing 20% to 25% available phosphoric acid, Ammonium Phosphate: Commercial product containing approximately 18% ammonia, Ammonium Nitrate: Commercial product containing approximately 34% ammonia, Calcium Nitrate: 18 of 61 0 0 Agricultural grade containing 15 -1/2% nitrogen, P.A.M. Soil Drain: Complete Green Co., El Segundo, CA. (310) 640 -6815. Full compensation for providing and applying commercial fertilizer in accordance with these specifications shall be considered as included in the prices paid for the various contract items of work involved in landscape planting and no additional compensation will be allowed therefor. 3.18 SOIL AMENDMENTS Soil Amendments shall conform to the provisions in Section 20 -2.03, "Erosion Control and Highway Planting — Soil Amendment," of the Caltrans Standard Specifications and these special provisions. Soil amendment shall be "Washed Steer Manure Humus Soil Conditioner" that has been composted for a minimum of 30 days to kill weed seeds; as supplied by Earthworks; (310) 322 -9702 or (909) 274 -6784; or equal, and shall comply with the requirements in the California Food and Agricultural Code. 3.19 MULCH Mulch shall conform to the provisions in Section 20 -2.08, "Erosion Control and Highway Planting - Mulch," of the Caltrans Standard Specifications and these special provisions. Shredded Bark Mulch Product: "1/2 - 1 -1/2" Forest Floor" shredded bark mulch ground tree and shrub trimmings, one -half (1/2 ") inch to one (1 ") inch diameter free of sticks, dirt, dust and other debris, as approved. Manufacturer: Aquinaga Fertilizer Co., (949) 786 -9558; or equal. 3.20 WASHINGTON ROBUSTA Washington Robusta trees shall conform to the provisions in Section 20 -2, "Erosion Control and Highway Planting - Materials," of the Caltrans Standard Specifications, and these special provisions. Submittals: Samples and Product Data: Prior to delivery to site, submit samples and manufacturers current literature for the following items: (1) Palm Tree Fertilizer: Lutz palm Spikes #30193; 10 each per 45 cm DBH. Call (815)732 -2382; (2) Sand Backfill: One (1) pint and certification; (3) Health Certification: Three (3) Copies. Selection, Delivery Inspection and Warranty of Palm Trees: Submit documentation within thirty days after award of contract that all palms have been ordered. Store palms with protection from weather or other conditions which would damage or impair the effectiveness of the product. Protect rootballs from sun during summer months with temperatures above 75 degrees F. Handling: Do not bind or handle palms with wire or reopen at any time. Transport palm trees with crown thinned per standard nursery practice, and with remaining fronds wrapped securely around the crown bud. Warranty Period: Warrant that all palms planted under this Contact will be healthy and in flourishing condition of active growth one year from date of Final Acceptance. 19 of 61 0 0 Delays: All delays in completion of planting operations which extend the planting into more than one planting season shall extend the Warranty Period correspondingly. Condition of Plants: Palms shall be free of dead or dying fronds with all fronds of a normal size and color. Excessive scarring of the trunk will not be permitted. The Urban Forester and /or Landscape Architect will be the sole determinant of the degree of scarring permitted. All dried thatch from older leaves shall be removed, and all resulting stems are to be cut back to within 5 cm of the base of trunk. Replacements: As soon as weather conditions permit, replace, without cost all dead palms and all palms not in a vigorous, thriving condition, as determined by the Urban Forester and /or Landscape Architect during and at the end of Warranty Period. Palm Tree Material: Verify that all palms are well - grown, symmetrical, without curvature or leaning of the trunk from the perpendicular, and so trained or favored tin development and appearance as to be superior in form, compactness and symmetry of crown. Verify that all palms are sound, healthy and vigorous, well foliaged prior to pruning and showing no signs of previous disease. They shall be free of disease, insect pests, eggs or larva. They shall have healthy, well- developed root systems. All palms shall be free from physical damage or adverse conditions which would prevent thriving growth. Notify Urban Forester and /or Landscape Architect prior to acceptance of material of any deviations. Field -Dug Stock: Verify that all field dug palms contain adequate rootball to guarantee successful transplantation. Do not install any field dug palms that have cracked or broken balls of earth when unpacked from their wrapping. Health Certification: Provide certification of health that palms are free of Penicillium vermoeseni, Gliocladrum vermoeseni and Fusarium oxysporum to the Urban Forester and /or Landscape Architect for acceptance prior to delivery and planting. Pruning: Reduce crown of palm per standard nursery practice prior to delivery. Tie remaining fronds to protect crown bud. Do not permit fronds to become damaged by means of restraint. Sand Backfill for Palm Plant Pits: Clean, white concrete sand, free of all deleterious chemicals, oils or other materials. Submit sieve gradation analysis for approval prior to delivery to the site. Palm Tree Fertilizers: Lutz Palm Spikes #30193; (815) 732 -2382, or equal 3.21 LIGUSTRUM J. "TEXANUM" Ligustrum J. "Texanum" plants shall conform to the provisions in Section 20 -2.13, "Erosion Control and Highway Planting - Plants," of the Caltrans Standard Specifications. 3.22 CARISSA "GREEN CARPET" Carissa "Green Carpet' plants shall conform to the provisions in Section 20 -2.13, "Erosion Control and Highway Planting - Plants," of the Caltrans Standard Specifications. 20 of 61 . . , .. 3.23 RHAPHIOLEPIS I. "CLARA" Rhaphiolepis i. "Clara" plants shall conform to the provisions in Section 20 -2.13, "Erosion Control and Highway Planting - Plants," of the Caltrans Standard Specifications. 3.24 PLANT ESTABLISHMENT Plant establishment shall conform to the provisions in Section 20 -4.08, "Erosion Control and Highway Planting — Plant Establishment Work," of the Caltrans Standard Specifications and these special provisions. The plants shall be watered on a regular basis to promote growth. The water used for irrigation shall be of such quality that it will promote the growth of the plants and trees. 3.25 TREE GRATES Tree grate opening to be 41cm (167 "). Grate cast in four pieces. All castings will be of high quality iron: ASTM A -48 Class 35B or better; hardness 170 -223 brinnell. Castings will be cope and drag system, with the face OD the casting being in the drag portion of the mold. Cope and drag precisely to avoid excessive finning and misalignment. Mods will be made of #120 olivine sand or finer, to yield required smooth finish. Castings will be free of burrs, slag, air pockets, blow holes and flashing. Castings will be squared and flat, excessive warping or shrinkage not acceptable. Cast section will align evenly with gap pieces being no greater than 9.5mm (318 "). Alignment of design should be continuous where applicable. Welding or grinding on exposed surfaces is not acceptable. Castings shall have openings of 9.5 mm (3/8 ") or smaller at surface of casting and shall have a minimum frictional coefficient of 0.6 wet or dry. Reference project Plans for bolt tree grate to frame. Submit shop Plans for review and approval by Landscape Architect. Install per manufacturer's latest printed directions. 3.26 SUMPS FOR PALMS Provide all materials for the complete installation of tree drain sumps. Each tree drain sump shall include two 10cm (4 ") diameter solid PVC SDR -35 vertical clean -out pipes with black ABS loose fit caps. One 30cm (12 -inch) diameter drain sump hole shall be augered to a depth of 1.8m (6 -feet) below bottom of each tree plant pit. Install 10cm (4- inch) diameter perforated SDR -35 PVC pipe wrapped with Mirafi 140N or equal filter fabric sock to full depth of hole and along horizontal length of plant pit, connected by PVC T and 45 degree fittings. Backfill around outside of perforated PVC pipe with 1.9cm (314 -inch) washed drain gravel. 21 of 61 0 0 3.27 ROOT CONTROL BARRIER Provide and install root control barrier fabric adjacent to concrete pavement, walls, drain structures and curbs when tree rootballs that are within 7 -feet of concrete pavement, walls, drain structures or curbs. Root control barrier shall be (Polypropylene) non -woven filter fabric treated with copper hydroxide heat bonded to the fabric. 91.44cm (36 -inch) height x.15.24m (50 -foot) roll. Install per manufacturer's latest printed directions. 3.28 EROSION CONTROL Erosion control shall conform to the provisions in Section 20 -3, "Erosion Control' of the Caltrans Standard Specifications. Full compensation for erosion control in accordance with these specifications shall be considered as included in the prices paid for the various contract items of work involved in landscape planting and no additional compensation will be allowed therefor. 3.29 HIGHWAY PLANTING Highway planting shall conform to the provisions in Section 20 -4, "Highway Planting" of the Caltrans Standard Specifications and these special provisions. 3.29.1 PREPARING PLANTING AREAS Add the following: General Soil Preparation: Do not work soil when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily. Clear all planting areas of stones 25mm diameter and larger, weeds, debris and other extraneous materials prior to amending existing topsoil. Preparation of Existing and Import Topsoil: Verify that grades are within 25mm plus or minus of the required finished grades. Report all variations to the Landscape Architect. Cultivation: Cross -rip the soil on 457mm center to a minimum depth of 200mm and follow with rototillage or other cultivation to reduce soil clods to a maximum diameter of 38mm. Do not till muddy soils which are not friable. Optimum moisture content is partially damp. The moisture content should not be so great that excessive compaction will occur, nor so dry that clods will not break readily. Remove debris and clods larger than one inch. General Soil Conditioning: Verification: Do not commence amending of existing soil prior to acceptance of soil preparation by landscape architect. Placement: Do not place or work soil under muddy conditions. Amending of Existing Soil: Application Rate (Bidding Purposes Only): Apply to all shrub and groundcover areas at the following rates per 1,000 square feet: 2 cy. Organic Amendment 4 lbs. Potassium sulfate (0 -0 -50) 22 of 61 . , I I ., 0 0 3 lbs. Ammonium nitrate (34 -0 -0) 3 lbs. Triple Super phosphate (0 -45 -0) 10 lbs. Agricultural gypsum 20 lbs. "P.A.M. Soil Drain" Amendment per mfgr. directions Broadcast Amendments: When the soil is moderately dry, spread the following materials uniformly onto the soil surface: P.A.M. Soil Drain, Organic compost, Agricultural gypsum, Fertilizers. Thoroughly rototill amendments into the soil to a 150mm depth. "P.A.M. Soil Drain" shall be tilled into the soil within a few hours after application. Slightly damp soils will need an immediate tillage after "P.A.M. Soil Drain" application. After the organic amendment is damp, the "P.A.M. Soil Drain" shall be raked into the soil prior to the addition of organic amendment or the organic amendment shall be allowed to dry prior to the application of "P.A.M. Soil Drain." Irrigate the soil to allow water to penetrate to the depth of treatment 150mm. Allow the soil to dry or at least to the point where stringiness has disappeared and the soil is friable. Then re- rototill the soil to a 150mm depth (this tillage is fast) and fine grade. Mixing of Backfill Mix for On -Grade Plant Pits: Thoroughly mix the required components in stockpiles on -site. Amending topsoil at each plant pit spoils is not acceptable. Finish Grading Moisture Content: Add water and thoroughly mix until the moisture necessary is uniformly dispersed throughout. Aerate by blading or other acceptable methods until moisture content is uniformly reduced to achieve required compaction. General Finish Grading: Grade smooth all planting areas to one -tenth of one foot after weeding, soil preparation and soil conditioning have been completed and soil has been thoroughly water settled. Provide all grades for natural runoff of water without low spots or pockets. Accurately set flow line grades at 2% minimum gradient unless otherwise noted in Plans. Finish grades shall be smooth, even and on a uniform plane with no abrupt changes of surface. Slope uniformly between given spot elevations. Finish Grading Tolerance: All planting areas shall be true to grade within 25mm when tested in any direction with a ten foot straightedge. Finish Grades of Shrub and Groundcover Areas: 3.5 cm below top of adjacent pavement, headers, curbs or walls unless otherwise indicated on the plans. Drainage of Planting Areas: Provide proper surface drainage of planted areas. Submit in writing all discrepancies in the plans or specifications, or prior work done by others, which Contractor feels precludes establishing proper drainage. Correction: Include description of work required for correction or relief of said condition. Detrimental Drainage, Soils and Obstructions: Submit in writing all soils or drainage conditions considered detrimental to growth of plant materials. State condition and submit proposal and cost estimate for correcting condition. Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. If rock, underground construction work, tree roots or other obstructions are encountered in the performance of work under this section, submit cost required to remove the obstructions to a depth of not less than 30cm below the required soil depth. 23 of 61 R�.ir�i�]ti1►1�P►Le' Add the following: Backfill Mix for On -Grade Ornamental Shrub /Groundcover Plant Pits: Thoroughly mix the following components into one (1 cy) cubic yard of backfill mix: 10% - Organic Compost Amendment 90% - Native topsoil (Must be dry and friable prior to mixing with amendments.) 1/4 pound - Agricultural Gypsum 1/4 pound - Potassium Sulfate (0 -0 -50) 1/5 pound - Triple Super phosphate (0 -45 -0) 115 pound - Ammonium nitrate (34 -0-0) 2 ounces - (112 cup) dry "P.A.M. Soil Drain" Palm Installation: Backfill with required washed coarse concrete sand backfill material. Continuously adjust palm to insure a plumb and rigid based trunk. Solidly compact sand around the ball and trunk while backfilling. When plant pit has been backfilled approximately 2/3 full, water thoroughly to saturate before installing remainder of backfill. Install palm tree fertilizer 45 days after planting. Do not fertilize at time of planting. Palm Guying: Palms should be able to stand upright without support. Guy palms which do not meet this qualification. All palms shall remain plumb and straight for all given conditions from installation through the guarantee period. Palm Guying, if required, shall be installed as follows: Guy palms at a point 1/3 of the way down from the bottom of the crown bud to finish grade. Guying collar shall be fabricated of 1/4 inch x 2 inch galvanized iron, either drilled to accept bolt -type guying anchors or with guying anchors welded securely to the collar. Locate guys in three equi- distant location around the outside of the collar. Provide three 1 x 19 aircord guys per palm with a turnbuckle for each guy. Use two cable clamps at each cable connection. Guy bottom end of cable to deadmen (or guys provided in the installation of adjacent site improvements). 3.29.1 PRUNING Add the following: Removal of Palm Tree Canopy Ties: Prior to Final Approval at the end of the plant establishment period, remove all dead or discolored fronds and frond canopy ties that were installed by the palm supplier that have not naturally broken free as part of the new canopy growth as requested by the Engineer and /or Landscape Architect. Full compensation for highway planting in accordance with these specifications shall be considered as included in the prices paid for the various contract items of work involved in landscape planting and no additional compensation will be allowed therefor. 3.30 IRRIGATION SYSTEM The irrigation system shall conform to the provisions in Section 20, "Erosion Control and Highway Planting," of the Caltrans Standard Specifications and these special provisions. PART 3.30.1 - GENERAL 24 of 61 0 3.30.1.01 GENERAL CONDITIONS The requirements of Caltrans Section 20 of the Standard Specification shall apply to all work of this Section with the same force and effect as though repeated in full herein. 3.30.1.02 DESCRIPTION A. Scope of Work: Provide all labor, materials, transportation, and services necessary to furnish and install the Irrigation System as shown on the plans and described herein. 3.30.1.03 QUALITY ASSURANCE & REQUIREMENTS A. Permits and Fees: The Contractor shall obtain and pay for any and all permits and all inspections required by permits. B. Manufacturer's Directions: Manufacturer's directions and detailed Plans shall be followed in all cases where the manufacturers of articles used in this Contract furnish directions covering points not shown in the Plans and Specifications. C. Ordinances and Regulations: All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Specifications, and their provisions shall be carried out by the Contractor. Anything contained in these Specifications shall not be construed to conflict with any of the above rules, regulations, or requirements. However, when these Specifications and Plans call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these Specifications and Plans shall take precedence. D. Explanation of Plans: Due to the scale of the Plans, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. Plans are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between the irrigation system, planting, and architectural features. 2. All work called for on the Plans by notes or details shall be furnished and installed whether or not specifically mentioned in the Specifications. 1 The Contractor shall not willfully install the irrigation system as shown on the Plans when it is obvious in the field that obstructions, 25 of 61 0 0 grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the City's Authorized Representative. In the event this notification is not performed, the Contractor shall assume full responsibility for any revision necessary. E. Reference specification and standards: 1. ASTM: D1784 Rigid Poly (Vinyl Chloride) Compounds and Chlorinated Poly (Vinyl Chloride) Compounds. 2. ASTM: D1785 Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the Plans and Specifications. No substitution will be allowed without prior written approval by the City's Authorized Representative. 2. Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number, and description of all materials and equipment to be used. Although manufacturer and other information may be different, the following is a guide to proper submittal format: 26 of 61 40, 80 and CL200. 3. ASTM: F441 Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe, Schedules 40, 80 and CL200. 4. ASTM: 2464 Threaded Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80. 5. ASTM: F437 Threaded Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80. 6. ASTM: D2466 Socket -Type Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40. 7. ASTM: F438 Socket -Type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 40. 8. ASTM: 2564 Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 9. ASTM: F493 Solvent Cements for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe and Fittings. 3.30.1.04 SUBMITTALS A. Material List: 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the Plans and Specifications. No substitution will be allowed without prior written approval by the City's Authorized Representative. 2. Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number, and description of all materials and equipment to be used. Although manufacturer and other information may be different, the following is a guide to proper submittal format: 26 of 61 0 0 Item No. Description Manufacturer Model No. 1 Backflow Preventer Febco 825Y Automatic Controller Rain Master DX2 Series Gate Valve Matco 754 Irrigation submittal must be specific and complete. All items must be listed and should include solvent/primer, wire, wire connectors, valve boxes, etc. No copies of manufacturer's literature (catalog cuts) are required as submittal information. 3. The Contractor may submit substitutions for equipment and materials listed on the Irrigation Plans by following procedures as outlined in Section 1.06 of the Irrigation Specifications. 4. Equipment or materials installed or furnished without prior approval of the City's Authorized Representative may be rejected and the Contractor may be required to remove such materials from the site at his own expense. 5. Approval of any item, alternative or substitute indicates only that the product or products apparently meet the requirements of the Plans and Specifications on the basis of the information or samples submitted. 6. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. Record Plans: The Contractor shall provide and keep up -to -date a complete record set of blueline ozalid prints which shall be corrected daily, showing every change from the original Plans and Specifications and the exact installed locations, sizes, and kinds of equipment. Prints for this purpose may be obtained from the City's Authorized Representative at cost. This set of Plans shall be kept on the site and shall be used only as a record set. These Plans shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. These Plans shall be available at all times for observation and shall be kept in a location designated by the City's Authorized Representative. Should the record blueline drawing progress sheets not be available for review or not be up -to -date at the time of any observation (refer to Section 3.10 - Site Observation Schedule), it will be assumed no work has been completed and the Contractor will be assessed the cost of that site visit at the current billing rate of 27 of 61 • • the City's Authorized Representative. No other observations shall take place prior to payment of that assessment. 3. The Contractor shall make neat and legible notations on the record drawing progress sheets daily as the work proceeds, showing the work as actually installed. For example, should a piece of equipment be installed in a location that does not match the plan, the Contractor must indicate that equipment has been relocated in a graphic manner so as to match the original symbols as indicated in the irrigation legend. The relocated equipment and dimensions will then be transferred to the original record drawing plan at the proper time. 4. Before the date of the final observation, the Contractor shall transfer all information from the "record drawing" prints to a sepia mylar or similar mylar material procured from the City's Authorized Representative. All work shall be in waterproof India ink and applied to the mylar by a technical pen made expressly for use on mylar material. Such pen shall be similar to those manufactured by Rapidograph, Kueffell & Esser, or Faber Castell. The dimensions shall be made so as to be easily readable even on the final controller chart (see Section C). The original mylar "record drawing" plan shall be submitted to the City's Authorized Representative for approval prior to fabricating the controller chart. 5. The Contractor shall dimension from two (2) permanent points of reference, such as building corners, sidewalk edges, road intersections, etc., the location of the following items: a. Connection to existing water lines. b. Connection to existing electrical power. C. Gate valves. d. Routing of sprinkler pressure lines (dimension max. 100' along routing). e. Electric control valves. f. Routing of control wiring. g. Quick coupling valves. h. Other related equipment as directed by the City's Authorized Representative. 6. On or before the date of the final field observation, the Contractor shall deliver the corrected and completed sepias to the City's Authorized Representative. Delivery of the sepias will not relieve 28 of 61 • • the Contractor of the responsibility of furnishing required information that may be omitted from the prints. C. Controller Charts: 1. As -built Plans shall be reviewed by the City's Authorized Representative before controller charts are prepared. 2. Provide one controller chart for each controller supplied. 3. The chart shall show the area controlled by the automatic controller and shall be the maximum size which the controller door will allow. 4. The chart is to be a reduced drawing of the actual installed system. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. 5. The chart shall be a blackline or blueline ozalid print and a different color shall be used to indicate the area of coverage for each station. 6. When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 10 mils. 7. These charts shall be completed and approved prior to the final field observation of the irrigation system. D. Operation and Maintenance Manuals: 1. Prepare and deliver to the City's Authorized Representative within ten calendar days prior to completion of construction, two hard- cover, three -ring binders containing the following information: a. Index sheet which states Contractors name, address, and telephone number, and which lists each installed equipment and material item, including names and addresses of manufacturers' local representatives. b. Catalog and parts sheets on every material and equipment item installed under this Contract. C. Complete operating and maintenance instructions on all major equipment. d. Guarantee statement. 2. In addition to the above mentioned maintenance manuals, provide the City's maintenance personnel with instructions for major equipment and show evidence in writing to the City's Authorized Representative at the conclusion of the project that this service has been rendered. 29 of 61 E. Equipment to be Furnished: 1. Supply as a part of this contract the following tools: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. b. A minimum of two (2) five -foot keys for operation of gate valves. Provide two (2) keys for each type of operating device (2" operating nut, cross handle, etc.). C. Two (2) keys for each automatic controller. d. One (1) quick coupler key and matching hose swivel for every five (5) or fraction thereof of each type of quick coupling valve installed. 2. The above mentioned equipment shall be turned over to the City at the conclusion of the project. Before final observation can occur, evidence that the City has received these items must be shown to the City's Authorized Representative. F. Checklist: 1. Complete the following checklist at the end of each segment of the project, using the format shown and on the forms provided: a. Plumbing permits: If none required, so state. b. Material approvals. C. Pressure line tests: By whom approved and date. d. Materials furnished: Recipient and date. e. Manufacturer's warranties, if required: Recipient and date. f. Written guarantee: Recipient and date. g. Lowering of heads in lawn areas: If not complete, so state and include anticipated completion date. h. Install anti -drain valve protection as required to prevent low head drainage. 2. The signed and dated checklist(s) shall be forwarded to City before final acceptance of the project. 3.30.1.05 PRODUCT DELIVERY, STORAGE, AND HANDLING 30 of 61 A. Handling of PVC Pipe and Fittings: The Contractor is cautioned to exercise care in handling, loading, unloading, and storing PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or a concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded, and if installed, shall be replaced with new piping. 3.30.1.06 SUBSTITUTIONS A. If the Contractor wishes to substitute any equipment or materials for the equipment or materials listed on the Plans and Specifications, he may do so by providing the following information to the City's Authorized Representative for review: Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts and flow charts for each item to be substituted. 3. Provide the amount of cost savings if the substituted item is approved. B. The City's Authorized Representative shall have the sole responsibility in accepting or rejecting any substituted item as an approved equal to the equipment and materials listed on the Plans and Specifications. 3.30.1.07 GUARANTEE A. The guarantee for the irrigation system shall be made in accordance with the attached form. The General Conditions and Supplementary Conditions of these Specifications shall be filed with the City prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the operations and maintenance manual. C. The guarantee form shall be re -typed onto the Contractor's letterhead and shall contain the following information: GUARANTEE FOR IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have fumished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the Plans and Specifications, ordinary wear and tear, unusual abuse, or neglect excepted. We agree to repair or replace any defects in material or workmanship which may develop during the period of one year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional costs to the City. We shall make such repairs or replacements within a reasonable time, as determined by the City, after receipt of written notice. In the event of our failure to make such repairs or 31 of 61 0 replacements within a reasonable time after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT: LOCATION: SIGNED: ADDRESSED: PHONE: SECTION 3.30.2 - PRODUCTS 3.302.01 MATERIALS DATE OF ACCEPTANCE: A. General: Use only new materials of brands and types noted on Plans, specified herein, or approved equals. B. Copper Pressure Main Line Pipe and Fittings 1. Pipe: Type K, hard tempered 2. Fittings: wrought copper, solder joint type 3. Joints shall be soldered with silver solder, 45% silver, 15% copper, 16% zinc, 24% cadmium, solidus at 1125° F. and liquidus at 1145° F. C. PVC Non - Pressure Lateral Line Pipe and Fittings: 1. Non - pressure buried lateral line piping shall be PVC Schedule 40 with solvent -weld joints when installed in planting areas. 2. Non - pressure lateral line piping installed under paved areas shall be PVC Schedule 40 with solvent welded joints. 3. Pipe shall be made from NSF approved, Type I, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22 -70 with an appropriate standard dimension ratio. 4. Schedule 40 pipe shall be made from NSF approved Type I, Grade I PVC compound conforming to ASTM resin specification D1785. All pipe must meet requirements as set forth in Federal Specification PS- 21 -70. 32 of 61 0 f 5. PVC solvent -weld fittings shall be Schedule 40, 1 -2, II -1 NSF approved conforming to ASTM test procedure D2466. 6. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. 7. All PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pipe size C. Schedule or class d. Pressure rating in P.S.I. e. NSF (National Sanitation Foundation) approval f. Date of extrusion 8. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. D. Brass Pipe and Fittings: 1. Where indicated on the Plans, use red brass screwed pipe conforming to Federal Specification #WW -P -351. 2. Fittings shall be red brass conforming to Federal Specification #W W -P -460. E. Gate Valve /Ball Valve: 1. Ball valves 2" and smaller shall be of size and type shown on the irrigation Plans: a. Ball valve shall have threaded ends and shall be equipped with a bronze handwheel. C. Gate valve shall be full port similar to those manufactured by Matco or approved equal. 2. All gate valves shall be installed per installation details. F. Backflow Prevention Unit: 1. Backflow prevention unit shall be of size and type indicated on the irrigation Plans. Install backflow prevention unit in accordance with irrigation construction details. 2. Wye strainer at backflow prevention unit shall have a bronzed screwed body with 60 mesh monel screen and shall be similar to Watts 777M1 or approved equal. 33 of 61 0 0 All pressure main line piping between the point of connection and the backflow preventer shall be installed as required by local code. The Contractor shall verify with the local governing body as to material type and installation procedures prior to start of construction. Submit shop drawing for approval. G. Check Valve: Swing check valves 2" and smaller shall be 200 pound W.O.G. bronze construction with replaceable composition, neoprene, or rubber disc and shall meet or exceed Federal Specification WW -V- 51 D, Class A, Type IV. 2. Anti -drain valves shall be of heavy duty virgin PVC construction with F.I.P. thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Anti -drain valve shall be Feld adjustable against drawout from 4 to 32 feet of head. Anti -drain valve shall be similar to the Hunter HCV or approved equal. H. Control Wiring: Wire requirements are as follows: Unless otherwise noted, connections between an automatic controller and its corresponding electric control valves shall be made with direct burial copper wire AWG -U.F. 600 volt. b. Control wiring installed in control wire conduit within structure shall be made with AWG -TW solid copper wire. C. When more than one controller is installed at the same location, pilot wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. 3. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten It 0) feet. 4. An expansion curl shall be provided within three (3) feet of each wire connection. Expansion curl shall be of sufficient length at each splice connection at each electric control valve, so that in case of repair, the valve bonnet may be brought to the surface without disconnecting the control wires. Control wires shall be laid loosely in trench without stress or stretching wire conductors. 34 of 61 0 0 5. All splices shall be made with 3M "DBY connectors kits, or approved equal. Make only one splice with each connector sealing kit. 6. Field splices between the automatic controller and electric control valves will not be allowed without prior approval of the City's Authorized Representative. I. Field Satellite: 1. Field Satellites) shall be of size and type shown on the Plans. 2. Final location of automatic controller(s) shall be approved by the City's Authorized Representative. 3. Unless otherwise noted on the Plans, the 120 volt electrical power to each automatic controller location is to be furnished by others. The final electrical hook -up shall be the responsibility of the Contractor. J. Stainless Steel Vandal- Resistant Metered Controller Enclosure Assembly: 1. The stainless steel vandal- resistant metered controller enclosure assembly shall consist of a "Strong Box" housing, stainless steel back board, automatic irrigation controller(s), terminal strip, and a 117 volt outlet. 2. The stainless steel back board shall be bolted to the housing to provide a base for mounting the controller and terminal strip. 3. The metered enclosure assembly shall be equipped with a 117 volt duplex box with an On /Off switch, and 117 volt receptacle. The Contractor shall provide metal conduit run from the 117 volt supply to the controller assembly. All power within the housing shall be properly phased. 4. The metered enclosure assembly shall include a prewired terminal strip clearly indicating the proper points of connection of all appropriate wiring (station valves, master valve, common, central control.) 5. The metered enclosure assembly shall include a terminal strip with clearly marked positions for one rain check device, and three moisture sensing devices. The terminal strip shall be wired through four clearly marked On /Off switches mounted on the face of the controller to provide sensing bypass capability. 6. The vandal- resistant metered controller enclosure assembly shall be manufactured by Hydroscape Products, Inc., 22542 Shannon 35 of 61 Circle, Lake Forest, Ca 92630. Phone (714) 951 -8827 or approved equal. 7. Upon final inspection of the project, the Irrigation Contractor shall provide for the City a "Job Site Equipment Inspection and 5 year Warranty Certification" letter from the enclosure manufacturer. This letter shall include verification of conformance with specifications and installation recommendations, site inspection date and shall list all assemblies covered under the 5 year warranty. K. Electric Control Valve /Master Valve: 1. All electric control valves and master valves shall be the same size and type shown on the Plans. 2. All electric control valves shall have a manual flow adjustment. 3. Provide and install one control valve box for each electric control valve or master valve. L. Valve Box: 1. Use Carson /Brooks 36HFL (14 "x 19 ") concrete valve box w/ cast iron hinged locking lid marked "water" or approved equal. Set top of box flush with adjacent sidewalk. 2. All cast iron valve box lids shall be painted with non -slip type epoxy paint. Color and type of paint shall be approved by the City's authorized representative. M. Sprinkler Head: 1. All sprinkler heads shall be of the same size, type, and deliver the same rate of precipitation with the diameter (or radius) of throw, pressure, and discharge as shown on the Plans and /or as specified herein. 2. Spray heads shall have a screw adjustment. 3. Riser units shall be fabricated in accordance with the installation details. 4. Riser nipples for all sprinkler heads shall be the same size as the riser opening in the sprinkler body. 5. All sprinkler heads of the same type shall be by the same manufacturer. N. Identification Tag: 36 of 61 0 I.D. tags for electric control valves shall be manufactured from Polyurethane Behr Desopan. Use Christy's standard tag hot - stamped with black letters on yellow background. Tags shall be numbered to match programming shown on the Plans. Provide one tag for each electric control valve. 2. I.D. tags for quick coupling valves shall be manufactured from Polyurethane Behr Desopan. Use Christy's maxi tag, hot - stamped with black letters on purple background. Tags shall read "Warning - Unsafe Water - Do Not Drink." Tag shall be printed in English on one side and Spanish on the other. Provide one tag for each quick coupling valve. 3. Special order tags from T. Christy Enterprises, 655 east Ball Road, Anaheim, CA 92867. Phone (714) 507 -3300 and Fax (714) 507- 3310. O. Flow sensor: An irrigation main line flow sensors shall be installed in accord with Plans. See Plans for size and location. Contractor shall be responsible for the installation, hook -ups, materials, components, connections, etc., of the flow sensors for the complete automatic operation of the system. 2. The flow sensor shall be manufactured by RainMaster. Install as recommended by the manufacturer and as detailed. a. Use FS series brass tee mounted flow sensor with FIPT ends as noted on the Plans. 3. Provide a separate flow sensor cable from each flow sensor to its respective designated field satellite. Run flow sensor cables within PVC Schedule 40 conduit. Refer to sensor cable, communication cable conduit, and communication cable pull boxes specified elsewhere for additional information. a. Control and common wires for the master valve immediately upstream from flow sensor shall be installed within flow sensor conduit along with flow sensor cable. P. Flow Sensor Wire Splices: No splices between the field satellites and flow sensor will be allowed. 2. Contractor shall order flow sensor cable in appropriate lengths to ensure no splices except within field satellites and flow sensor valve box. Q. Flow Sensor Conduit and Control Wire Conduit: 37 of 61 0 0 1. As a part of this Contract, the Contractor shall provide and install a flow sensor conduit that will be used for the installation of flow sensor cables. 2. Flow sensor cable conduit and control wire conduit shall be gray colored PVC Schedule 40 with solvent welded joints and unless otherwise noted on the Plans, shall be 1 -1/2" in size, with 1/4" nylon pull rope installed within entire length of conduit. 3. Except as noted in paragraph number two (above) of this section, all requirements for flow sensor cable conduit and control wire conduit and fittings shall be the same as for solvent -weld pressure main line pipe and fittings as set forth in Section 2.018 of these Specifications. 4. Sweep ells shall be fabricated standard electrical type PVC schedule 40 long sweep elbows. 5. The flow sensor cable conduit and control wire conduit shall be installed where indicated on the Plans and shall be routed, wherever possible, with the irrigation pressure main line piping. Provide 18" minimum cover over all flow sensor cable conduit. Provide 3" minimum separation between communication cable conduit and irrigation pressure main line piping. 6. Pull boxes shall be located a minimum of two hundred (200) feet on center, at each field satellite location, at each electric control valve box and at each change of direction. Use Carson /Brooks 36HFL (14 "x 19 ") concrete valve box w/ cast iron hinged locking lid marked "water" or approved equal. Set top of box flush with adjacent sidewalk. Refer to the Plans for additional information. R. Miscellaneous Irrigation Equipment: 1. Refer to the Plans for sizes and types of miscellaneous irrigation equipment. 2. All miscellaneous irrigation equipment shall be as specified or approved equal. SECTION 3.30.3 - EXECUTION 3.30.3.01 GENERAL INSTALLATION REQUIREMENTS A. Before work is commenced, hold a conference with City, General Contractor, and City to discuss general details of the work. B. Verify dimensions and grades at job site before work is commenced. 38 of 61 0 0 C. During the progress of the work, a competent superintendent and any assistants necessary shall be on site, all satisfactory to City. The superintendent shall not be changed, except with consent of City, unless that person proves unsatisfactory and ceases to be employed. The superintendent shall represent Contractor in its absence and all directions given to the superintendent shall be as binding as if given to Contractor. D. All work indicated or noted on Plans shall be provided whether or not specifically mentioned in the Specifications. E. If there are ambiguities between Plans and Specifications, and specific interpretation or clarification is not issued prior to bidding, the interpretation or clarification will be made only by City, and Contractor shall comply with the decisions. In the event the installation contradicts the directions given, the installation shall be corrected by Contractor at no additional cost to City. F. Layout of sprinkler lines shown on Plans is diagrammatic only. Location of sprinkler equipment is contingent upon and subject to integration with all other underground utilities. Contractor shall employ all data contained in the Contract Documents and shall verify this information at the construction site to confirm the manner by which it relates to the installation. G. Coordinate the installation of all sprinkler materials, including pipe, with the landscape Plans to avoid conflict with the trees, shrubs, or other planting. H. Do not proceed with the installation of the sprinkler system when it is apparent that obstructions or grade differences exist or if conflicts in construction details, legend, or specific notes are discovered. All such obstructions, conflicts, or discrepancies shall be brought to the attention of City. Replace, or repair to the satisfaction of City, all existing paving disturbed during the course of this work. New paving shall be the same type, strength, texture, finish, and be equal in every way to the material removed. J. City reserves the right to make temporary repairs as necessary to keep equipment in operating condition without voiding Contractor's guarantee or relieving Contractor of its responsibilities during the guarantee shall not be allowed. K. L. 3.30.3.02 All sprinkler heads will require installation of anti -drain devices to prevent low head drainage. Coordinate the installation of all sprinkler materials, including pipe, with the landscape Plans to avoid conflict with the trees, or other planting. OBSERVATION OF SITE CONDITIONS 39 of 61 0 0 A. All scaled dimensions are approximate. The Contractor shall check and verify all size dimensions and receive approval from the City's Authorized Representative prior to proceeding with work under this Section. B. Exercise extreme care in excavating and working near existing utilities. The Contractor shall be responsible for damages to utilities which are caused by his operations or neglect. Check existing utilities Plans for existing utility locations. C. Coordinate installation of sprinkler irrigation materials including pipe, so there shall be NO interference with utilities or other construction or difficulty in planting trees, shrubs, and ground covers. D. The Contractor shall carefully check all grades to satisfy himself that he may safely proceed before starting work on the irrigation system. 330.3.03 PREPARATION A. Physical Layout: 1. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. 2. All layout shall be reviewed by the City's Authorized Representative prior to installation. B. Water Supply: 1. The irrigation system shall be connected to water supply point(s) of connection as indicated on the Plans. 2. Connections shall be made at the approximate location(s) shown on the Plans. The Contractor is responsible for minor changes caused by actual site conditions. C. Electrical Supply: 1. Electrical connections for any and all automatic controllers shall be made to electrical point(s) of connection as indicated on the Plans. 2. Connections shall be made at the approximate location(s) shown on the Plans. The Contractor is responsible for minor changes caused by actual site conditions. 3.30.3.04 INSTALLATION A. Trenching: 1. Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the Plans and as noted. 40 of 61 0 0 2. Provide for a minimum of eighteen (18) inches cover for all pressure supply lines of 2 1/2 -inch nominal diameter or smaller. 3. Provide for a minimum of twelve (12) inches for all non - pressure lines. 4. Provide for a minimum cover of eighteen (18) inches for all control wiring. 5. Provide for a minimum cover of eighteen (18) inches for all communication cable conduit. B. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one -half (1/2) inch in size will be permitted in the initial backfill. 3. Flooding of trenches will be permitted only with approval of the City's Authorized Representative. 4. If settlement occurs and necessitates adjustments in pipe, valves, sprinkler heads, lawn, plantings, or other installed work, the Contractor shall make all required adjustments without cost to the City. C. Trenching and Backfill Under Paving: 1. Trenches located under areas where paving, asphaltic concrete, or concrete will be installed, shall be backfilled with sand (a layer six [6] inches below the pipe and three [3] inches above the pipe) and compacted in layers to 95% compaction, using manual or mechanical tamping devices. Trenches for piping shall be compacted to equal the compaction of the existing adjacent undisturbed soil and shall be left in a firm unyielding condition. All trenches shall be left flush with the adjoining grade. The Contractor shall set in place, cap and pressure test all piping under paving prior to the paving work. 2. Generally, piping under existing walks is done by jacking, boring, or hydraulic driving, but where any cutting or breaking of sidewalks 41 of 61 • • - ., and /or concrete is necessary, it shall be done and replaced by the Contractor as a part of the Contract cost. Permission to cut or break sidewalks and /or concrete shall be obtained from the City's Authorized Representative. No hydraulic driving will be permitted under concrete paving. 3. Provide for a minimum cover of eighteen (18) inches between the top of the pipe and the bottom of the aggregate base for all pressure and non - pressure piping installed under asphaltic concrete paving. D. Plastic Pipe: 1. Install plastic pipe in accord with manufacturer's recommendations. 2. Install sprinkler head on plastic pipe as indicated on Plans. 3. Prepare all welded joints with manufacturer's primer prior to applying solvent. a. Allow welded joints at least 15 minutes set -up /curing time before moving or handling. b. Partially center load pipe in trenches to prevent arching and shifting when water pressure is on. C. Do not permit water in pipe until a period of at least four hours has elapsed for solvent weld setting and curing, unless recommended otherwise by solvent manufacturer. 4. Attach pipe identification tape directly to pipe as specified in Section 02601, where color- impregnated and stenciled pipe is not utilized. 5. Do backfilling when pipe is cool. a. Pipe can be cooled by operating the system for a short time before backfill, or by backfilling in the early part of the morning before the heat of the day. 6. Curing: a. When the temperature is above 80 degrees F., allow soluble weld joints at least 24 hours during the time before water is introduced under pressure. b. When temperature is below 80 degrees F., follow manufacturer's recommendations. E. Assemblies: 42 of 61 0 0 Routing of sprinkler irrigation lines as indicated on the Plans is diagrammatic. Install lines (and various assemblies) in such a manner as to conform with the details per the Plans. 2. Install NO multiple assemblies in plastic lines. Provide each assembly with its own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In absence of detail Plans or Specifications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of City's Authorized Representative. 4. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 5. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape or approved equal, shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. F. Conduit and Sleeves: 1. Coordination: Sleeving will be existing only when installed under another contract. For all other installations, provide materials and coordinate conduit and sleeve installation with other trades as required to facilitate smooth construction sequence. 2. Conduit: Furnish and install conduit where control wires pass under or through walls, walks and paving. Conduits to be of adequate size to accommodate retrieval for repair of wiring and shall extend 12 inches beyond edges of walls and pavement. 3. Sleeving: Install sleeves for all pipes passing through or under walks and paving as shown on the Plans. Sleeving to be of adequate size to accommodate retrieval of wiring or piping for repair and shall extend 12 inches beyond edges of paving or other construction. G. Line Clearance: All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. H. Automatic Controller Assembly: 43 of 61 E 0 Install as per manufacturer's instructions. Electric control valves shall be connected to controller in numerical sequence as shown on the Plans. I. High Voltage Wiring for Automatic Controller: 120 volt power connection to the automatic controller shall be provided by the Contractor. 2. All electrical work shall conform to local codes, ordinances, and union authorities having jurisdiction. J. Electric Control Valves: 1. Install each electric control valve in a separate valve box. 2. Install where shown on the Plans. Where grouped together, allow at least twelve (12) inches between adjacent valve boxes. 3. Each valve number shall be heat branded on valve box lid with 1'/z" tall letters. Branding unit available from Hydroscape Products, Inc., phone number (714) 639 -1850. K. Flushing of System: 1. After all new sprinkler pipe lines and risers are in place and connected, all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and full head of water used to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the City's Authorized Representative. L. Sprinkler Heads: 1. Install the sprinkler heads as designated on the Plans. Sprinkler heads to be installed in this work shall be equivalent in all respects to those itemized. 2. Spacing of heads shall not exceed the maximum indicated on the Plans. In no case shall the spacing exceed the maximum recommended by the manufacturer. 3. All sprinkler heads shall be set perpendicular to finish grade of the area to be irrigated unless otherwise designated on the plans. K. Flow Sensor Cable Cable: 44 of 61 0 1. Wire conductors for the flow sensor cable shall be installed with NO UNDERGROUND splices, except within field satellites or at the flow sensor. 2. A minimum of three (3) feet of slack shall be left at each field satellite, pull box and weather station. Slack shall be sufficient to allow the wire to extend 18" above the top of field satellite. 3. Upon final inspection of the project, the Irrigation Contractor shall provide for this project a "Job Site Equipment Inspection and Warranty Certification" letter from Hydro -Scape Products, Inc. the RainMaster Distributor. This letter shall include verification of conformance with specifications and installation recommendations, site inspection date and shall list all assemblies covered under the warranty. 3.30.3.05 TEMPORARY REPAIRS The City reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.30.3.06 EXISTING TREES Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Roots one (1) inch and larger in diameter shall be painted with two coats of Tree Seal, or equal. Trenches adjacent to tree should be closed within twenty -four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 3.30.3.07 FIELD QUALITY CONTROL A. Adjustment of the System: 1. The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall 45 of 61 0 0 make such adjustments prior to planting. Adjustments may also include changes in nozzle sizes and degrees of arc as required. 3. All sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the Plans. B. Testing of the Irrigation System: The Contractor shall request the presence of the City's Authorized Representative in writing at least 48 hours in advance of testing. 2. Test all pressure lines under hydrostatic pressure of 150 pounds per square inch and prove watertight. Note: Testing of pressure main lines shall occur prior to installation of the electric control valves. 3. All piping under paved areas shall be tested under hydrostatic pressure of 150 pounds per square inch and proven watertight prior to paving. 4. Sustain pressure in lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. 5. All hydrostatic tests shall be made only in the presence of the City's Authorized Representative. No pipe shall be backfilled until it has been observed, tested, and approved in writing. 6. Furnish necessary force pump and all other test equipment. When the irrigation system is completed, perform a coverage test in the presence of the City's Authorized Representative to determine if the water coverage for planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Plans, or where the system has been willfully installed as indicated on the Plans when it is obviously inadequate, without bringing this to the attention of the City's Authorized Representative. This test shall be accomplished before any ground cover is planted. 8. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements. 3.30.3.08 MAINTENANCE A. The entire irrigation system shall be under full automatic operation for a period of seven (7) days prior to any planting. B. The City's Authorized Representative reserves the right to waive or shorten the operation period. 46 of 61 0 0 3.30.3.09 CLEAN -UP Clean -up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage occurring to the work of others shall be repaired to original conditions. 3.30.3.10 FINAL SITE OBSERVATION PRIOR TO ACCEPTANCE A. The Contractor shall operate each system in its entirety for the City's Authorized Representative at time of final observation. Any items deemed not acceptable by the City's Authorized Representative shall be reworked to the complete satisfaction of the City's Authorized Representative. B. The Contractor shall show evidence to the City's Authorized Representative that the City has received all accessories, charts, record Plans, and equipment as required before final site observation can occur. 3.30.3.11 SITE OBSERVATION SCHEDULE A. The Contractor shall be responsible for notifying the City's Authorized Representative in advance for the following observation meetings, according to the time indicated: Pre -Job Conference - 7 days 2. Pressure supply line installation and testing - 48 hours Automatic controller installation -'48 hours 4. Control wire installation - 48 hours 5. Lateral line and sprinkler installation - 48 hours Coverage test - 48 hours 7. Final site observation - 7 days B. When site observations have been conducted by a party other than the City's Authorized Representative, show evidence in writing of when and by whom these observations were made. C. No site observations will commence without record Plans. In the event the Contractor calls for a site visit without record Plans, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing the City's Authorized Representative at his current hourly billing rate, portal to portal (plus transportation .costs), for the inconvenience. No further site observations will be scheduled until this charge has been paid and received. 47 of 61 0 0 3.31 ELECTRICAL SYSTEM 3.31.1.0 WORK INCLUDED: A. This specification shall apply to all phases of Work hereinafter specified, shown on Plans, or as required to provide a complete installation of electrical systems for this Project. Work required under this specification, is not limited to just the Electrical Plans - refer to Landscape Plans, as well as all other plans applicable to this project, which designate the scope of work to be accomplished. The intent of the Plans and Specifications is to provide a complete and operable electrical system that includes all documents that are a part of the Contract. Work Included. Furnish labor, material, services and skilled supervision necessary for the construction, erection, installation, connections, testing, and adjustment of all circuits and electrical equipment specified herein, or shown or noted on Plans, and its delivery to the City complete in all respects ready for use. 2. The electrical Work includes installation or connection of certain materials and equipment furnished by others. Verify installation details, installation and rough -in locations from the actual equipment or from the equipment shop plans. B. Electrical Plans. Electrical Plans are diagrammatic, and are intended to convey the scope of work, indicating intended general arrangement of equipment, conduit and outlets. Follow Plans in laying out Work and verify spaces for installation of materials and equipment based on actual dimensions of equipment furnished. 3.31.1.1 QUALITY ASSURANCE A. Design, manufacture, testing and method of installation of all apparatus and materials furnished under requirements of these specifications shall conform to latest publications or standard rules of the following: • Institute of Electrical and Electronic Engineers - IEEE • National Electrical Manufacturers' Association - NEMA • Underwriters' Laboratories, Inc. - UL • National Fire Protection Association - NFPA • Federal Specifications - Fed. Spec. • American Society for Testing and Materials - ASTM • American National Standards Institute - ANSI National Electrical Code - NEC 48 of 61 0 0 • National Electrical Safety Code - NESC • Insulated Cable Engineers Association - ICEA • American Institute of Steel Construction - AISC • State and Municipal Codes In Force In The Specific Project Area • Occupational Safety and Health Administration (OSHA) Electronics Industries Association/ Telecommunications Industry Association (EIA/TIA) B. Perform Work in accordance with the National Electrical Code, applicable building ordinances, and other applicable codes, hereinafter referred to as the "Code." The Contractor shall comply with the Code including local amendments and interpretations without added cost to the City. Where Contract Documents exceed minimum requirements, the Contract Documents take precedence. Where code conflicts occur, the most stringent shall apply unless variance is approved. 1. Comply with all requirements for permits, licenses, fees and ,codes. Permits, licenses, fees, special service costs, inspections and arrangements required for the Contractor at his expense shall obtain Work under this contract, unless otherwise specified. 2. Comply with requirements of the applicable utility companies serving this Project. Make all arrangements with utility companies for proper coordination of Work. 3.31.1.2 GENERAL REQUIREMENTS A. Guarantee: Furnish a written guarantee for a period of one -year from date of acceptance. B. Wherever a discrepancy in quantity or size of conduit, wire, equipment, devices, circuit breakers, etc., (all materials), arises on the Plans and /or Specifications, the Contractor shall be responsible for providing and installing all material and services required by the strictest condition noted on Plans and /or in Specifications to insure complete and operable systems as required by the City and Engineer. C. Verifying Plans and Job Conditions: 1. This Contractor shall examine all Plans and Special Provisions in a manner to be fully cognizant of all work required under this Section. 2. This Contractor shall visit the site and verify existing conditions. Where existing conditions differ from Plans, adjustment shall be 49 of 61 0 0 made and allowances included for all necessary equipment to complete all parts of the Plans and Special Provisions. 3.31.1.3 WORK IN COOPERATION WITH OTHER TRADES A. Examine the Plans and Special Provisions and determine the work to be performed by the other trades. Provide the type and amount of electrical materials and equipment necessary to place this work in proper operation, completely wired, tested and ready for use. 3.31.1.4 TESTING AND ADJUSTMENT A. Upon completion of all electrical work, this Contractor shall test all circuits, breakers, and any other electrical items to insure perfect operation of all electrical equipment. B. Equipment and parts in need of correction and discovered during such testing shall be immediately repaired or replaced with all new equipment and that part of the system shall then be retested. All such replacement or repair shall be done at no additional cost to the City. C. All circuits shall be tested for continuity and circuit integrity. Adjustments hall be made for circuits not complying with testing criteria. D. All certified testing reports should be submitted to the Engineer at completion of project. 3.31.1.5 IDENTIFICATION A. Identification nameplates shall be Micarta 1/8" thick and of approved size, with beveled edges and engraved white letters 1/4" high minimum on black background. Each nameplate shall be provided with drillings and suitable mounting screws corresponding to finish of the nameplate: The inscriptions in each nameplate shall be as indicated on the Plans. 3.31.1.6 FINAL INSPECTION AND ACCEPTANCE A. After all requirements of the Special Provisions and /or the Plans have been fully completed, representatives of the City will inspect the work. Contractor shall provide competent personnel to demonstrate the operation of any item or system to the full satisfaction of each representative. B. Final acceptance of the work will be made by the City after receipt of approval and recommendation of acceptance from each representative. 50 of 61 0 0 3.31.1.7 RECORD PLANS A. Plans of Record: The Contractor shall provide and keep up -to -date, a complete record set of blueprints. These shall be corrected daily and show every change from the original Plans. This set of prints shall be kept on the job site and shall be used only as a record set. This shall not be construed as authorization for the Contractor to make changes in the layout without definite instruction in each case. Upon completion of the work, a set of reproducible Contract Plans shall be obtained from the General Contractor and all changes as noted on the record set of prints shall be incorporated thereon with black ink in a neat, legible, understandable and professional manner. Refer to the Supplementary General Conditions for complete requirements. 3.31.1.8 APPROVALS, EQUALS, SUBSTITUTIONS, ALTERNATIVES, NO KNOWN EQUAL A. Approvals: Where the words (or similar terms) "approved", "approval ", "acceptable ", and "acceptance" are used, it shall be understood that acceptance by the City, Landscape Architect and Engineer are required. B. Equal: Where the words (or similar terms) "equal ", "approved equal ", "equal to ", "or equal by ", "or equal" and "equivalent" are used, it shall be understood that these words are followed by the expression "in the opinion of the City, Landscape Architect, and Engineer. For the purposes of specifying products, the above words shall indicated the same size, made of the same construction materials, manufactured with equivalent life expectancy, having the same aesthetic appearance / style (includes craftsmanship, physical attributes, color and finish), and the same performance. C. Substitution: For the purposes of specifying products "substitution" shall refer to the submittal of a product not explicitly approved by the construction documents / specifications. 1. Substitutions of specified equipment shall be submitted and received by the Engineer ten (10) days prior to the bid date for review and written approval. Regulatory Agency approval for all substitutions will be the sole responsibility of the contractor. To receive consideration, requests for substitutions must be accompanied by documentary proof of its equality with the specified material. Documentary proof shall be in letterform and identify the specified values /materials alongside proposed equal values /materials. In addition, catalog brochures and samples, if requested, must be included in the submittal. ONLY PRE -BID APPROVED PRODUCTS, ISSUED VIA A FORMAL BID ADDENDUM TO ALL BIDDERS, WILL BE ALLOWED ON THE 51 of 61 • • PROJECT. REGARDLESS OF THE APPROVAL ON ANY SUBSTITUTION, ALL BIDS SHALL BE BASED ON THE PRODUCTS EXACTLY AS SPECIFIED. PRICING FOR EACH APPROVED SUBSTITUTION SHALL BE INCLUDED IN THE BID SUBMITTAL AS A SEPARATE LINE ITEM. 2. In the event that written authorization is given for a substitution, after award of contract, the Contractor shall submit to the Engineer quotations from suppliers / distributors of both the specified and proposed equal material for price comparison, as well as a verification of delivery dates that conform to the project schedule. 3. In the event of cost reduction, the City will be credited with 100 percent of the reduction, arranged by Change Order. 4. The Contractor warrants that substitutions proposed for specified items will fully perform the functions required. D. Alternates \ Alternatives: For the purposes of specifying products, "alternatives / alternates" may be established to enable the City / Landscape Architect / Engineer to compare costs where alternative materials or methods might be used. An alternate price shall be submitted in addition to the base bid for consideration. If the alternate is deemed acceptable, written authorization will be issued. E. No Known Equal: For the purposes of specifying products, "No Known Equal" shall mean that the City / Landscape Architect / Engineer is not aware of an equivalent product. The Contractor will need to submit a "Substitution" item, per the requirements listed above, if a different product is proposed to be utilized. 3.31.1.9 SHOP PLANS / SUBMITTALS A. Shop Plans / Submittals shall be submitted in six (6) bound sets accompanied by Letter of Transmittal, which shall give a list of the number and dates of the plans submitted. Plans shall be complete in every respect and bound in sets. B. The Shop Plans / Submittals submitted shall be marked with the name of the project, numbered consecutively and bear the approval of the Contractor as evidence that the Contractor has checked the Plans. Any Plans submitted without this approval will be returned to the Contractor for resubmission. D, If the shop plans show variations from the requirements of the Contract because of standard shop practice or other reasons, the 52 of 61 0 0 Contractor shall make specific mention of such variations in his letter of transmittal. If the substitution is accepted, the Contractor shall be responsible for proper adjustment that may be caused by the substitution. Samples shall be submitted when requested. E. Only products listed as "Equal" within the contract documents, along with formally approved "Substitutions" will be reviewed. Products not conforming to these items will not be reviewed and will be returned to the Contractor for re- submittal. F G. 3.31.1.10 Review comments used in response to shop plans / submittals are: • "No Exception Taken" • "Furnish As Corrected" • "Revise And Resubmit' • "Rejected" Product approved as submitted. Re- submittal not required, although the contractor to provide the submitted product with corrections as noted. Re- submittal required with corrections as noted. Re- submittal required based upon the originally specified product. Shop plans shall be submitted on the following but not limited to: • Service complete with overcurrent device information. • Pullboxes and Underground Vaults MAINTENANCE, SERVICING, INSTRUCTION MANUALS AND WIRING DIAGRAMS A. Prior to final acceptance of the job, the Electrical Contractor shall furnish to the City at least four (4) copies of operating and maintenance and servicing instructions, as well as four (4) complete wiring diagrams for the following, but not limited too, item(s) or equipment: • Service. B. All wiring diagrams shall specifically cover the system supplied. Typical plans will not be accepted. Four (4) copies shall be presented to the City. SECTION 3.31 .2 - PRODUCTS 53 of 61 0 0 3.31.2.1 MATERIALS A. Materials and Equipment: All electrical materials and equipment shall be new and shall be listed by Underwriter's Laboratories and bear their label, or listed and certified by a nationally recognized testing authority where UL does not have an approval. Custom made equipment must have complete test data submitted by the manufacturer attesting to its safety. B. Services: 1. Provide electrical service with rating, components and features as indicated on the Plans. 2. Busbars shall be rectangular cross - section with silver - plated joints, full- height in each vertical section with horizontal cross busbars between sections. Bus bracing shall not be less than short- circuit indicated on the Plans or utility requirements. Provide all lugs suitable for both copper and aluminum conductors. Neutral busbar shall be 100% rated unless otherwise noted on plans and shall have terminals for all active, spare, or inactive circuits. Ground busbar shall be full length. C. Panelboards - Branch Circuit: 1. Branch circuit panelboards shall be of the dead front safety type equipped with thermal- magnetic bolt -on type 90 deg C. circuit breakers. All branch circuit panelboards shall be provided with main circuit breaker and branch circuit breakers of the rating indicated on the panel schedule. See panel schedules. and panel schedule notes on plans for additional requirements. 2. Neutral and Ground bus bars shall be full size, and rectangular in cross section. D. Circuit Breakers: 1. Provide molded plastic case, air circuit breakers conforming to UL 489. Provide breakers with thermal magnetic trip units, and a common trip bar for two- or three -pole breakers, connected internally to each pole so tripping of one pole will automatically trip all poles of each breaker. Provide breakers of trip -free and trip- indicating bolt -on type, with quick -make, quick -break contacts. Provide single two- or three -pole breaker interchangeability. Provide padlocking device for circuit breakers as shown on the Plans. 54 of 61 0 0 2. Ground Fault Interrupting Breakers. Provide where shown molded plastic case, air circuit breakers, similar to above with ground fault circuit interrupt capability, conforming to UL Class A, Group 1. 3. Tandem or half -sized circuit breakers are not permitted. 4. Series Rated Breakers. UL listed series rated combinations of breakers can be used to obtain panelboard interrupting ratings listed below or shown on Plans. If series rated breakers are used, panelboards shall be appropriately labeled to indicate the use of series rated breakers. Shop drawing submittal shall include chart of U.L. listed devices that coordinate to provide series rating. 5. Circuit breakers shall be standard interrupting construction. Panelboard shall accept standard circuit breakers up to 225 amperes. Provide HACR ratings for all circuit breakers serving motor loads. 6. Circuit breaker handle accessories shall provide provisions for locking handle in the on or off position. E. Conduit: 1. Non - Metallic Conduit: a. Polyvinyl chloride (PVC) rigid conduit, Schedule 40, Type II for underground installation only with solvent welded joints, conforming to Underwriters Laboratories, Inc. (U.L.) requirements, listed for exposed and direct burial application. b. Conduit and fittings shall be produced by the same manufacturer. F. Fittings: Conduit unions shall be "Erickson" couplings, or approved equal. The use of running threads will not be permitted. G. 600 Volt Conductors - Wire and Cable: All conductors shall be copper. 55 of 61 0 0 2. Type THHN/THWN thermoplastic, 600 volt, UL approved, dry and wet locations, for conductor sizes up to and including #4 AWG. 3. Type XHHW cross - linked synthetic polymer, 600 volt, UL approved, for dry and wet locations, for conductor sizes #2 AWG and above. 4. Cross - linked synthetic polymer, XHHW, 600 volts, UL approved, for installation underground. 5. Wire and cable shall be new, manufactured not more than six (6) months prior to installation, shall have size, type of insulation, voltage rating and manufacturer's name permanently marked on outer covering at regular intervals. 6. Wire and cable shall be factory color -coded by integral pigmentation with a separate color for each phase and neutral. Each system shall be color -coded and it shall be maintained throughout. 7. Systems Conductor Color Coding: a. Power 208l120V, 3PH, 4W (1) Phase A = Black (2) Phase B = Red (3) Phase C = Blue (4) Neutral = White (5) Switchlegs = Purple ( Switchlegs shall also be identified separately by numerical tags). (6) Travelers = Purple with Black stripe. b. Ground Conductors: Green 8. All color- coding for #8 conductor and above shall be as identified above, utilizing phase tape at each termination. 9. No conductors carrying 120 volt or more shall be smaller than #10 AWG. 10. Aluminum conductor shall not be used. 11. Wire - pulling compounds used as lubricants in installing conductors in conduits shall only be "Polywater X. No oil, 56 of 61 0 0 grease, graphite, or similar substances may be used. Pulling of No. 1/0 or larger conductors shall be done with an approved cable pull machine. Other methods; e.g. using vehicles, and block and tackle to install conductors are not acceptable. H. Seismic Design and Anchoring of Electrical Equipment: 1. Seismic Protection Criteria: All Electrical equipment installations provided, as part of this contract located in any Seismic Risk Zone of the Uniform Building Code Seismic Risk Map shall be protected from earthquakes in accordance with the Uniform Building Code and, as applicable, the state and local building codes and regulations. Protection criteria for these zones shall be a Horizontal Force Factor as prescribed by the UBC multiplied by the machinery weight considered passing through the machinery center of gravity in any horizontal direction. Unless vibration isolation is required to protect machinery against unacceptable structure transmitted noise and /or vibration, machinery shall be protected from earthquakes by rigid structurally sound attachment to the load supporting structure. The force factor and anchorage shall be determined by calculations performed and submitted to the Landscape Architect by a registered California professional engineer (civil or structural) hired by the contractor. The Contractor shall be responsible for the design of seismic restraint systems for all pieces of equipment weighing over 100 pounds including but not limited to the following: a. Service 2. Seismic protection, labor, materials and design shall be included in the Contract sum. I. Trenching and Backfilling: Contractor shall be responsible for trenching and backfilling. Refer to Trenching and Backfilling section of the specifications for complete requirements. SECTION 3.31.3 - EXECUTION 3.31.3.1 PREPARATION AND INSTALLATION A. Installation of Conduit and Outlet Boxes: 1. Conduit shall be run so as not to interfere with other piping or equipment. 57 of 61 2. The ends of all conduits shall be cut square, carefully reamed out to full size and shall be shouldered in fitting. 3. Underground conduit shall be, unless otherwise indicated, Schedule 40 PVC (polyvinyl chloride). For all communications conduits, 2" and larger, and where feeders are 100 amps or greater, provide with a minimum three (3 ")' inch, (2,000 LB) concrete envelope, (2 ") inch minimum separation between conduits, installed at depth of not less than 24" below grade. (Where encasement is required by the Utility Companies — provide encasement per respective Utility Company requirements.) Conduit separation shall be maintained using plastic spacers located at 10' -0" intervals. Where power and communication /signal conduits are run in a common trench a (12 ") inch minimum separation shall be maintained between power and communication /signal conduits. Include a separate insulated green ground conductor sized per NEC in each conduit. All underground conduits with circuits rated at 40 amps or greater. 4. All underground or imbedded conduits shall be 3/4" minimum trade size for steel and for PVC. 5. Where conductors enter a raceway in a cabinet, pull box, junction box, or auxiliary gutter, the conductors shall be protected by a plastic bushing type fitting providing a smoothly rounded insulating surface. 6. All PVC conduit where concealed under ground shall be glued for a watertight installation. 7. Where conduit is underground, make joints liquid tight and gas tight. B. Except as otherwise indicated on the Plans, bends in conduit 2 inches or larger for underground conduit shall have a radius or curvature of the inner edge, equal to not less than ten (10) times the internal diameter of the conduit. For the serving utilities, make large radius bends to meet their requirements. B. Installation of 600 -Volt Conductors: 1. All electrical wire, including signal circuits, shall be installed in conduit. 2. All circuits and feeder wires for all systems shall be continuous from switch to terminal or farthest outlet. No joints shall be 58 of 61 made except in pull, junction or outlet boxes, or in panel or switchboard gutters. a. Utilize pre - insulated connectors, 3M Company " Scotchlok," or Ideal Industries, Inc. "Super Nut," for splices and taps in conductors No. 10 AWG and smaller. b. Tape all splices and joints, exclusive of preinsulated connectors, with vinyl plastic tape manufactured by 3M Company, St. Paul, Minnesota. Use sufficient tape to secure insulation strength equal to that of conductors joined. 3. Thoroughly clean all conduit and wire -ways and see that all parts are perfectly dry before pulling any wires. No joint shall be made except in pull, junction or outlet boxes, or in panel or switchboard gutters. 4. For 20- ampere branch circuit wiring, increase No. 12 conductors to No. 10 for 1 20 -volt circuits longer than 100 feet and for 277 -volt circuits longer than 150 feet. 5. Conductor Support. Provide conductor supports as required by codes and recommended by cable manufacturer. Where required, provide cable supports in vertical conduits and provide lower end of conduit with a ventilator. C. Joints in 600 -Volt Conductors: Joints in 600 -volt conductors smaller than No. 4 AWG shall be made with Scotchlok, or equal, spring type connectors. Wires No 4 AWG and larger shall be joined together with approved type of pressure connector and taped with #33 3M tape, three (3) layers minimum to provide insulation not less than that of conductor. Connections to switch or busbar shall be made with one - piece copper lugs. Splicing of all 600 volt or less in -line connections #2 AWG through 350 Kcmil shall be made with 3M, or equal, PST connector. D. Grounding / Bonding: 1. Provide grounding and bonding for entire electric installation as shown on plans, as listed herein and as required by applicable codes. Included, but not limited to, are items that require grounding / bonding: a. Conduit. b. Switchboards. 59 of 61 C. Non - current carrying metal parts of fixed equipment. 2. Use of Ground Rods: Furnish and install required number of 3/4" x 10' copper clad ground rods to meet specified resistance, all required grounding wires, conduit and clamps. The size of the grounding conductors shall be not less than that set forth in the latest edition of the California Code of Regulations, Title 24, State of California and NEC, unless otherwise indicated. Rods shall be installed such that at least 10 feet of length is in contact with the soil. Where rock bottom is encountered, the electrode shall be driven at an oblique angle not to exceed 45 degrees from vertical or shall be buried in a trench that is at least 2.5 feet deep. The upper end of the electrode shall be flush with or below ground level unless the aboveground end and the grounding electrode conductor attachments are protected against physical damage. Unless otherwise noted, connection to the grounding electrode conductor may be by compression type or exothermic process connector. Mechanical connectors shall not be used. 3. Grounding System Connection: a. Compression connectors shall be unplated copper, manufactured by Burndy, or approved equal, designed specifically for the intended connection. b. Exothermic weld -type connectors shall be 'Cadweld' manufactured by Erico Products, or approved equal, designed specifically for the intended connection. C. Mechanical connectors shall not be used. 4. Provide separate green equipment ground conductor in all electrical conduits, to effectively ground all panels, and non- current carrying metallic enclosures. Use bonding jumpers, grounding bushings, lugs, busses, etc., for this purpose. Connect the equipment ground to the system ground. Use the same size equipment ground conductors as phase conductors, up through No. 10 AWG. Use NEC Table 250 -95 for conductor size with phase conductors No. 8 and larger, if not shown on the Plans. 5. Clean the contact surfaces of all ground connections prior to making connections. 6. Grounding system resistance to ground shall not exceed 25 ohm. 60 of 61 3.32 TRAFFIC SIGNAL MODIFICATIONS The traffic signal modifications shall conform to the provisions in Section 86, "Signals, Lighting and Electrical Systems," of the Caltrans Standard Specifications. 3.33 BOX AND DELIVER EXISTING PALM TREES The existing palm trees shall be excavated and boxed into minimum 1.5m wide, 1.1m high, 1.3m base and 2.1m diagonal boxes. Excavation and boxing shall be in accordance with standard practices and approved by the City's Park and Tree Superintendent. The boxed trees shall be transported and delivered to the City yard. 61 of 61 • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 30, 2003 Mega Way Enterprises 9191/2N. Azusa Avenue Covina, CA 91722 Gentlemen: Thank you for your interest in submitting a bid for the Mariners Village Landscape Improvements Project (Contract No. 3612) in the City of Newport Beach. Unfortunately, the bid was received after it was due. Enclosed is the unopened bid for the above mentioned project. We hope that you will accept future opportunities to bid on projects of a similiar nature. S iiinncccerely, LaVonne M. Harkless, CMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us m. is O O O O b U .. ....... . m. is O O O O b U