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HomeMy WebLinkAboutC-3669 - Newport Shores Street End Improvements - Phase ICITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 26, 2005 Diversified Landscape Maintenance 23052 -H Alicia Parkwav, #385 Mission Viejo, CA 92692 Subject: Newport Shores Street End Improvements - Phase I (C -3669) To Whom It May Concern: On October 26, 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 December 7, 2004. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 168329. 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 DUPLICATE ORIGINAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 BOND NO. 168329 FAITHFUL_ PERFORMANCE BOND The premium charges on this Bond is $ 1,292.00** being at the rate of $ 23 . 50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Diversified Landscape Management, hereinafter designated as the "Principal ", a contract for construction of NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1, Contract No. 3369 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3369 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract: NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company , duly authorized to transac*, business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the Cty of Newport Beach, in 'the sum of Fifty -four thousand, nine hundred ninety -two and 001110 Dollars ($54,992.00) 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 specifiad, and in all respects according to its true intent and meaning, or fails to Indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful 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 Citv. 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 14 t day of May _ —_, 2004. Diversified Landscape Management (Principal) AMERICAN CONTRACTORS INDEMNITY - Name of Surety 9841 Airport Los Angeles, Address of Surety Blvd., Ste. 900 CA 90045 (310) 649 -0990 Telephone Auth rized Signa emtle COMPANY ,« LZ Authorized Agent Signature Carol Strum Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 7, 2004 Diversified Landscape Maintenance 23052 -H Alicia Parkway, #385 Mission Viejo, CA 92692 Subject: Newport Shores Street End Improvements - Phase 1 (C -3669) To Whom It May Concern: On October 26, 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 November 2, 2004, Reference No. 2004000985780. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 168329. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 369 BOND NO, LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Diversified Landscape Management, hereinafter designate4 as the 'Principal,•' a contract for construction of NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1, Contract No. 3369 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, ail or which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3369 and the terms thereof require the Turn,ishing of a bond, providing that it 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, AMERICAN 'CONTRACTORS INDEMNITY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the surn of Fifty -four thousand, nine hundred ninety-two and 00/110 Dollars ($54,992.00) iaw{ui 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 payrr..ent 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 Principat's subcontractors, faii to pay for any ma�eriais, provisions, or other suopiies. impiements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any othar work or labor thereon of any kind, or for amounts due tinder 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 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 LO 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 14 t h day of May 2004. Diversified Landscape Management (Principal) kAutrzed Signs re Title AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 9841 Airport Blvd., Ste. 900 Los Angeles, CA 90045 Address of Surety (310) 649 -0990 Telephone Authezed Agent Signature Carol Strum Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 AAmerican Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 POWER OF ATTORNEY 02-16106 KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the Ste&Ur9tkNrnia corporation does hereby appoint, Its true and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory1}50T0@QsII® thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDE;VNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer; President or any Vice President, Executive t ice President, Secretory or Assistant Secretory, shall have the power and authority To appoint .Attorney(s)-in -Fact and to authorize them to execute on behalf of the Companv, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof'and, 2. To remove, at anv time, any such Attorney -in fact and revoke the authority given. RESOLVED FURTHER, that the signatures ofsuch officers and the seal of the Company may be afsed to any such Power of .A ttornev or certhcate relating thereto by facsimile, and any such Power of dttornev or cert�cate bearing such facsimile signatures m' facsimile seal shall be valid and binding upon the Company and anv such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached_" IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 2Sth day of February, 2001 AMERICAN CONTRACTORS INDE9INITY COMPANY DS'E'P0r""f1T9' p Bv: Robert F. Thomas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 28th day of February, 2003 before me, Norma J. Vireilio, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORMA J. VIRGILIO WITNESS my hand and official seal Commission• 1322310 \ �, %MyCornrn.EWnw Notary Public - California i; d/ Los Angeles County Norma J. Vireilio, Notiu- 5eD 21.7>006 I, JANIES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. N WITNESS HEREOF, I have hereunto set my hand this 14 ttday of May 200 4 Bond No. 168329 Agency No. 2295 JAMES H. FERGUSONVCorporate Secretary rev. POA0420101 a • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura Ma 14, 2004 John Strum, Notary Public On y before me, . CA c NAME. -IIL=GF CFP'Cc3 - cG.. ':ANE C {E NGTAAy P._Lc personally appeared r r T Strum NA EMC; SiGNE9(S] ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are - Subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their _ sicnature(s) on the instrument the person(s), cr the entity upar, behalf. of whic h the perscn(s) acted, executed the instrument. JOHN STRUM 3 .+ COMM. #13(A1629 Vv9TNE -S my hand er'ical Seai. OP NOTARY PUBLIC - CALIFORNIA VENTURA COUNTY COMM. EXF. APRIL 13,, 2�� „on . rtl y „ NA.JFE':F `iCTAFY OPTIONAL I ncugh trte data telcw Is rct recuired cy law, ;t may prove va;cadie ;c pemcns refyirg cn the dcc::ment arc ceuid prevent fraudulent reattachment cf this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIGUAL ❑ CORFOFAi=CF=iCER Bond #168329 TITL°_ OR TYPE CF OCCUMENT ❑ FART NEF(S) ❑ LIMrD El GENEFA.L 5 ❑ ATTORNEY -IN -FACT Nt2MEEF. CF FACES ❑ TRUS ❑ GUARDIAWCONSERVATOF ❑ OT-HER: 05/14/04 GATE OF GCCUNIENT SIGNER IS REPRESENTING: N E OF PEaSCN(S) OR e4 iY(IES) AMERICAN CONTRACTORS INDEMNITY COMPANY SIGNER(S) OTHER il^AN NAMEG ABOVE • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California r — ss. County of e- ��t L On 11 44 before me, D to lr \ personally appeared CU �i #'0't t I� k+ DEVE t C 'gslan # 1342344 `< Rc .;Cl - California i a Ccuay Ct -^r-n. ax�.ns Feb % 20M riersonally known to me proved to me on the basis of satisfactory evidence to be the person() whose name(f) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in *is /her /their authorized capacity(iea), and that by 4is /her /97eir signature(Sj on the instrument the person(Il or the entity upon behalf of which the person(KI acted, executed the instrument. WITNESS my ha I o 'dia_I sse, 1. Signar re 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 Number of Pages: Signer's Name: E' Individual rop oneumn Here :! Corporate Officer — Title(s): C Partner — !7 Limited G General D Attorney -in -Fact C Trustee Guardian or Conservator Other: Signer Is Representing: 4 1999 VarionalNoary Add.d5on-9350 ne Soto Ave., PO. Box 2402- Cbarrwdau, CN 91313 -2402 www.naoonalnotaryorg Prod No Soot Reorder Call TallFree 1800- 875 -6827 0 .1 .y {. 9 f 1 RECORDING RE Qt��S�7'EDBYAND WHEN RECORDED RETURN TO: '04 NOV -9 r10 :17 City Clerk City of Newport Beach 3300 Newpo uley rd,- C;Ty, LEKri Newport Be 10MI 6 CRT BEACH 0 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIII! IIIIIIIIIIII! IIIIIIIIIIIIIIIII! IIIIIIIIIIIIIIIIIIIII !Ililill!IIIIINO FEE 2004000985780 K29am 11102104 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 " xempt om recordin ees pursuant to Government Code�ection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Diversified Landscape Management, Inc., of Mission Viejo, California, as Contractor, entered into a Contract on May 11 2004. Said Contract set forth certain improvements, as follows: Newport Shores Street End Improvements — Phase 1 (C -3669) Work on said Contract was completed on July 2 2004, and was found to be acceptable on October 26. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. PtZlic Works Director City of Newport Beach LTA :401y[y_y09 ,L I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 'I Executed on �� bey �� wko 4 at Newport Beach, California. BY C�NU 1 J NSbb�� E•` -so City Clerk b J \ G Iii' , 0 E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 27, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3669) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, L,Ionne M. arkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us E RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 "Exempt from recordin 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 Diversified Landscape Management, Inc., of Mission Viejo, California, as Contractor, entered into a Contract on May 11, 2004. Said Contract set forth certain improvements, as follows: Newport Shores Street End Improvements — Phase 1 (C -36691 Work on said Contract was completed on July 2 2004, and was found to be acceptable on October 26, 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. Pubtiic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (� Executed on t�G �e� �� lgw 4 at Newport Beach, California. BY 'J' CiN -�? ' ✓�W o City ClerkEQ z P 0 1 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 October 26, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther @city.newport- beach.ca.us SUBJECT: NEWPORT SHORES STREET END IMPROVEMENTS — PHASE I — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3669 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: On May 11, 2004, the City Council authorized the award of the Newport Shores Street End Improvements contract to Diversified Landscape. The contract provided for clearing and grubbing to remove existing vegetation and improvements, grading, construction of sidewalk, installation of lawn edging, irrigation system and landscaping, and the provision and installation of a precast concrete bench, and dog bag dispenser. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $54,992.00 Actual amount of bid items constructed: 54,786.08 Total amount of change orders: 1,808.38 Final contract cost: $56,594.46 SUBJECT: Newport Shores Str d Improvements - Completion And Acceptance of ct No. 3669 October 26, 2004 Page 2 The final overall construction cost including Change Orders was 2.9 percent over the original bid amount. One Change Order in the amount of $1,808.38 provided for the additional grading on the site. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of highways and streets with negligible expansion in areas that are not environmentally sensitive. Funding Availability: Funds for the project were expended from the following account: Account Description Account Number Amount Newport Shores Street End 7013- C5100014 $56,594.46 Improvements, Phase 1 All work was completed by July 2, 2004, the scheduled completion date. The required 90 -day landscape maintenance period ended and was accepted on October 6, 2004 as scheduled. Prepared by: R. Gunther, P.E. Construction Engineer Submitted by: / ,—Sjephen G. Badum Public Works Director 40 0 L-1 CITY OF NEWPORT BEACI NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 AM on the 20th day of April 2004, at which time such bids shall be opened and read for NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 Title of Project Contract No. 3669 $40,000.00 Engineer's Estimate M %phen G. Badum blic Works Director �e O �a0 LP,ao� �e �e 1r0 G�� Ga�5�e9 \ate QJ� Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A or C -27" For further information, call Stephen J. Luy, Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 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 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The Li r� 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 sec.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract, A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.qpo.gov/davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 622626 C27 Hic A Contractor's License No. & Classification Diversified Landscape Management, Inc. Bidder Auth rized Signa re/Title 4/20/04 Date Premiu for this bond included in ® the bis and service undertaking. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3&9 9 BIDDER'S BOND (1168302 -05 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 df NN:wpp vO hO goeacsah, a d c [ter city, in the principal sum of ( 10 %) Ten percent not to exceed Fiunive Dollars $ H,, Ad and 00]00 ( 5 _ 5on _ nn * * ** ). to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1, Contract No. 3369 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 19th day of^ April 4 2004. DIVERSIFIED LANDSCAPE MANAGEMENT, Name of Contractor (Principal) INC. Auth rued Signa ure /Title AMERICAN CONTRACTORS INDEMNITY COMPANY ANY — Name of Surety 9841 Airport Blvd., Ste. 900 Los Angeles, CA 90045 Address of Surety (800) 486 -6695 Telephone - Authorized Agent Signature Carol Strum, Attorney -in- Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, Califomia 90045 02-4830 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, CAROL STRUM Its true and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed I,, Soo ,009.99 This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Exec olive Officer, President or anv rice President. Executive Vice President. Secretary or Assistant Secretary, shall have the power and awhori{i To appoint A nornev(s) -in -Fact and to authorize them to execute on behaf of the Companv, and atmch the .seal gfthe Company thereto, bonds and undertakings, contracts of indemniry and other writings obligator' in the nature thereof and, 2. To remove, at any time, anv such Attorney -in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Compaitv may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified b'v facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached:' IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the I st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY INWITORAIED z SEVE o^ By: T �fAIJFaJVt1M� Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this Ist day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORMA J. VIRGILIO WITNESS my hand and official seal _ Comm"ion•'1322310 Notary ngel - Califomia ti Loa AnpeW County Norma J. Virgilio, Nota4l My Comn.,.--5ep27,2006 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 19 tbay of Bond No. 168302 -05 Agency No. 2295 April 200 4 �IVwxa- 11 i- 13 emo f 1 VJAMES H. FERGUSONVCorporate Secretary rev. POA04/20/01 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Ventura on April 19, 2004 before me, John Strum, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Carol Strum NAME(S) OF SIGNER(S) M personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r JOHN STRUM (% COMM. F 1300629 Q NOTARY PUBLIC- CALIFORNIAfI VENTURA COUNTY O COMM. EXP. APRIL 13, 2005 WITNESS my hand and official seal. OPTI L SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY•IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENmY(IES) American Contractors Indemnity Compan DESCRIPTION OF ATTACHED DOCUMENT Bond //168302 -05 TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 04/19/04 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE U amoYet.com a • 4cv +ckrd R SEARRCC H r�e,c�..,>rnYwma Y.fore seach I Q tiny Accessing the '.. pages on ambestcom constitutes the user's agreement to '.. our terms of use, Information collected via this Web site is protected by our privacy statement', Comments or concems Tools: search wor A.M.Best@:11019 NAICd:10215 Best's Rating "» (Excellent)* Financial Size Category VI ($25 million to $50 million) *Ratings as of 04/21/2004 71:52:76 AM E.S.T. 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ALL RIGHTS RESERVED No part of this information may be distributed in any electro nic form or by any means, or snared in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms nf use for additional details. .............. ............ ..,...,........ Internet 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3869 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: N/A N/A Phone: State License Number: Name: Address: N/A N/A i Phone: State License Number: Name: Address: N/A N/A Phone: State License Number: Diversified Landscape Management, Inc �' �\^�� i� ` yl1�L� JC Bidder Authorized Sig ture/Title 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Diversified Landscape Management, 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: No. 1 Project Name /Number Project Description Highway Planting- 12AO819 Rehab - existing irrigation and landscape Approximate Construction Dates: From 7 -1 -03 Agency Name State of Californi Contact Person John Hong 8/26/03 of Transporation Telephone (71 I 668-1952 Original Contract Amount $7n, 72-1 Final Contract Amount $ 75, 979.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change order and extra work 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 7 • No. 2 Project Name /Number Vista Murrieta High School Project Description Installation of Landscape Approximate Construction Dates: From 6/15/03 To: 3/1/04 Agency Name T.B Penick & Son's Inc Contact Person Kevin Ruebel Telephone (858 558-1800 Original Contract Amount $ 1 79, 60Pinal Contract Amount $ 1 79, 600.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Airport Entrance Landscaping- 2003 -1 3 Project Description Landscape and Irrigation Approximate Construction Dates: From 9/29/03 To: 11 /4/03 Agency Name Burbank- Glendale- Pasadena Airport Authority Contact Person Robert Anderson Telephone (818) 840 -9456 Original Contract Amount $70, 592 Final Contract Amount $ 76,1 06.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. See Attached 8 V CC u Y ` 3 3 O O v7 a ,a y N O D 0 0 U U 3 3 w a H m m a7 a1 } m E m Z d 'o a` 0 O p O N M N p o ° V n 0) M n ^ 00 ° N V C O N p M N (O (O N r 01 r N n Cf) N �_ V 0 N Cp0 '00 O m CO N 00 OD m N ` 00 00 0) W ° C V 0 C c 0 c O r a) m C O O Q) m cr, N O O O C 0 m m Co C J i C C C 'O N C O E 'O m Uo — v 2 = a E O >' u E C7 L C Q a' = a' J U J c m Y m Y' Y a U a m 0 ° 0 C O - m C 0 C 0 C 0 0 C 0 C 0 C 0 C 0 C O 0 m a) y0 N m m m m m m m m m Cl m a) Cl Cl m J - N m N W 0m F- a a m - m -- a - -- - 0 a a a a -O w m O `m a m a a a m a a a a a m c c c vi C U , C c C J c c C C C J J J m c c a m W U m m m m m m m m o C O O C m a) a a a a) m= O a a) a) (D O O E E E 'm m N m J c m C C m m m m m m m m m 0 0 0 0 o a C J N N N @ 0 0 N y 0 N N m 3 cU 0) -0 m V1 E m c c c c X c c a a 0 a`�i m a` )) 0�� m m _m 'O a� a� a a' m 0 a) m CL J J J J J J J W V% N C m c m 2 A U U) O .- C1 (D — m '0 L ` U U m O C R a) U m 0) C O m d N a' C cu m cu E N� a C O J Y C C C m C C C c m 06 = N Qi N O CO Q N O O O y 0 0 0 U j c cm od 0 m m - m� ? . is m.m a y0 oU Y `m 0 Ems° O cY N Y m U U U cr, U U U 0 a t m m U m a U 'E w o m Q O Q � O O O O O O O ` O C C O w C a) d a Y ai yl C = w .0.. d a) m 3 O O _ U _ U J J m pp C m i co w O M M m F- U a' O_ _ O U F- (n in U U O U) U Qj 0 U U ci U Q Q U m E J J > (� w = J J O Z Z U d 0 0 0 c 0 0 0 0 0 0 0 0 0 0 RN 0 _0 _N N _N _0 _0 T T N _0 0 _M _0 Z C C C 22 2 ~2 m Z E E Z Z 2- Z Z Z 2- 0 0 0 o a a a n a d c °' ° d m m m a m 0 a C m V in incn V U)ininc'ntntnincntnin E ° °0 0 °0 00 °0 °o °o °0 °0 °o ° 0 0 0 0 0 0 0 0 0 0 U p 0 0° o° o 0 0 °° o 0 0° o . o 0 0 0 o 0 0 0 0 0 o o o 0 0 0 0 0 o p o 0 o CD 0 0 0 0 0 0 0 0 o o 0 o 0 o o O o o) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O M l0 m w O O o 0 0 0 m C) O M (0 n ('� O N .- O) N 07 a0 V a°0 Cl) NN Es r U) 1 M 64 N YA N VA Q% ul 613, :H fA fA 6% Cl) Cl) NO O O O ON ON O O o o m W 0) m m m m OM) m O O O 0 0 0 0 0 0 0 0 O O M O) 0) O () M m 0) N N N N N N N N N N N N m x 0 O 0 ° 0 V V V c w O a cx E Y 0 v Can o 0 0° (9 o Q 0 U c o Y r M V a a co O CO �_ p N U Y Y d` d LL L in 0 O0. m O t y o g m m 0 0 o U v 0 d a a o 9 E co co N O N N E 0 O U N a) m rQ m Y cN- g CN c N o 0= m 0 0 m CO M m > c v o m m LL m Q 0 m (j e 0 H m F`- F- F- H F m@ aUi a`�i L c m m Y= Z E 2 U c m m U jn U U U c - U U U J L N a) y0 a a) 0 7 > c6 0 C t t U r No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person 0 To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. E 0 • No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name To: Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 0 Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. I 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. Diversified Landscape Managemenc,Inc Bidder Authorized Signatu /Title 10 Jose Jimenez 4605 NatNe Dancer Or Bakersfield, Ca 661- 587 -9788 93312 _. OBJECTIVE: LANDSCAPE I CONSTRUCTION F position where proven skills would be of value. EXPERIENCE: Project Management Landscape / Irrigation projects • Train and supervised work crews in State and Government construction projects; coordinated schedules and all trades. • Handle material and supply ordering, as well as vendor /customer relations and quality control. EMPLOYMENT: e�alaire West Landscape Buena Park Ca. 2000-2003 Superintendent General Construction Fesponsible for Sub Contractor Scheduling and Work inspection k [erection with State and City Inspector p ojects throughout Southern and Northern California ° upervised crews up to 20. Lead workers, Landscape laborers and T''anders. C -der materials and blueprint updates; consistently meet strict time amstraints. C Kperience with several projects including: . Sierra Lakes Soccer Park ( Fontana CA) • Redlands 10130 Caltrans project. . Riverside Hwy 60 Caltrans project. . Bakersfield Hwy 99 Caltrans project. . San Dimas Freeway 210 Caltrans project, J & M Land Restoration, Inc. Bakersfield, Ca. 1998-2000 Landscape/ Irrigation/ Erosion Control Foreman. Bakersfield Hwy 58 Caltrans project C'own Fence Hwy 58 Caltrans project S:weral Erosion Control State and Federal projects Terra Cat Construction, Inc. Baldwin Park Ca. 1996 -1998 L;nndscapOrrigation Foreman Bakersfield Hwy 99 Calltans project C °trson Ave ( Orange County) PERSONAL: S4-motivated and professional. V. ¢fling to begin at entry -level and advance with a well run company. Wingual ( Spanish) E cellent oral & written communication skills 4D 4b CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of K 2 ) C 011u "v S"\�,U 00 being first duyly, sworn, deposes nd says that he or she is % t of i �c cal �y cdSoL� fllA. 1Vl the party making the foregoing bid; that the bid is not made in the interest of, or o be If o ,' 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 (aand� correct. y L ,�/� fin/ �(��� //�7` ,„ ', �.%t\ia Vi.,E.A LNnA_.i�at R11YY.0 �I�1LY�IW- 44 lA-- ll�` —��-- 1 1 U4CL Bidder AutVionzed Signature/Title Subscribed and sworn to before me this _d�_._ day of 2004. — /� A ktD [SEAL] Notaivy Public M. STOEVE My Commission Expires: Commission * 1342844 z Notary Public- Califomia Orange Gauaty My Comm. Expires Feb 9. 2006 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3869 DESIGNATION OF SURETIES Bidders name Diversified Landscape Management, 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): LCIS,Inc, Casey Cole 1835 North Fine Avenue,Fresno,CA 93727 559) 650 -3555 Fax (559) 650 -3558 LCIS /Oak Creek Insurance Agency, Inc 199 E. Thousand Oaks Blvd:; #103 Thousand Oaks, CA 91360 12 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Diversified Landscape ManaaPment, Tnc Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 0 3 0 0 0 0 3 Total dollar Amount of Contracts (in 0 331 , 68 0 0 0 0 331 , 685 Thousands of $ No. of fatalities 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of em to ment 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 Diversified Landscape Management, Inc Business Address: 23052 -H Alicia PArkway, #385,M;ssion Viejo Business Tel. No.: (949) 454 -2805 92692 State Contractor's License No. and Classification: 622626 C27 HIC A Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 ACKNOWLEDGEMENT OF ADDENDA Biddersname Diversified Landscape Management, Inc The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 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:Diversified Landscape Management,' 23052 -H Alicia Parkway, #385 Inc. Business Address: Miss; r A 97692 Telephone and Fax Number: ( 949) 454 -2805 F ( 949) 454 -2809 California State Contractor's License No. and Class: 622626 C27 HI C A (REQUIRED AT TIME OF AWARD) Original Date Issued: 7-02-1991 Expiration Date: 02 -28 -2005 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: is J. Smallwood. Pr 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 Cynthia J. Smallwood,President 22721 Lajares,Mission Viejo,CA 949 - 454 -2805 Darrell D. Wright,V.P.31193 Casera Ct Menifee,CA (909) 246 -7638 Corporation organized under the laws of the State of California 16 0 9 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. No 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 /(Nq Are any claims or actions unresolved or outstanding? Yes /(9 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Cynthia J. Smallwood (Print name of Owner or President President Title 4/20/04 Date,, Subscribed and sworn to before me this _�_�ay of Act 2004. [S L] 1 M.STOEVE _ Commission 0 1342844 Notary Public - California _ J �L 1 L O snge County My Comm. Expires Feb 9, 2008 IM CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3669 CONTRACT THIS AGREEMENT, entered into this — day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Diversified Landscape Management, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 Project Description 3369 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. 3869, 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. 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. Phil 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Fifty -four thousand, nine hundred ninety -two and 00/110 Dollars ($54,992.00). 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. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Diversified Landscape Management 23052 -H Alicia Parkway, #385 Mission Viejo, CA 92692 949 - 454 -2805 949- 454 -2809 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A.-VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 04 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the 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. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 9 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. I. 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 1] E K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: `/ L') ,a Mayor DIVERSIFIED LANDSCAPE MGMT. MINN. I lnmh%�T' . I" =I r aiiuzuu4 io:sa LI i. Inc. nine �aenz'ALLn: �nana u ua DATE (MMIDDIYYYY) -A-CD-RP, CERTIFICATOOF LIABILITY INSURAI&E 05/12/2004 PRODUCER (S59)6S0 -3555 FAX (SS9)6S0 -3558 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Landscape Contractors (Lic #0755906) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1835 N. Fine Avenue Fresno, , CA 93727 ! INSURERS AFFORDING COVERAGE NAIC # !INSURED �INSdR =_ =e.. Everest National Insurance Co. 10120 Diversified Landscape Management, Inc. -ms, Cynthia Smallwood 11NSUReteC. 23052 H Alicia Pkwy, #385 I.vsue = =D Mission Viejo, CA 92692 'iNSsPEP= rrnACOnrcc 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOD'l OF INSURANCE POLICY EFFECTIVE POLICYEXPIRATION -� R NS TYPE POLICYNUMSER MIDD MMID LIMITS GENERAL LIABILITY 1 1700003868 -041 02/01/2004 0210112005 EACHOC(JJRREVCE s 1,000,000 NERA_LIA°3LIJ DAMAG_ro �NlcV s 100,000 +,—COM�M2R(3A'_ �CCAN.S MA'02 0.^.CA1R' I MaotEx °lAty aoeowson; S 5,000 J A XIXCU- Coverage ??SONA'_ &AJV INJURY S 1,000,000 X:-$500 PD DED S 2_,000,000 G=N` AGG4=_GkTE_MT l A= L S cR, ! i PRODUCTS.C_; ? . s i 2,000,000 ao. X , POL'CY Jc:.T LOr . AUTOMOBILE LIABILITY 1 1700003868 -041 0210112004102/01 /2005 COV,gwEC awG_E _unit S ANY Aure � I[a. =.cciAea:j 1,000,000 ALL OVVN -D AV TDS _ SODILV INJURY . I SC'r_JUl EC, AUTOS (Per Persen) £ - A I� YI4E7 A'JTCS 9G71LYI�dJ4Y - X I NON.OWN= uA's05 firer acv de.;p S I ?eraaden0 GARAGE LIABILITY A-TO OPL °.EAACJDEM S ANY AUTO I_• Or -E? THAN FA ACC S 1 AUTO ONLY 1 EXCESSIUMBRELLA LIABILITY EACH OGS.i1n12BJCc $ '� OCCJG CL AIMS b15J5 AGQREOA -E Y S I - . i DPDUCBwE S a �— REic!2`ICC S WORKERS COMPENSATION AND 3800002447 -041 02/01/2004 0210112005, X i'owijTs �`u. — - EMPLOYERS'LIABILITY EAC-ACCID °_NT 5 1,000,000 A ANYIROPR!? OR /PAF4' 'EXECU➢v_ DISEAS -. A_IaLO`-- S 1,000,000 MaEREXC.JF ` SP_.,,IA', ?RJVISIOn'S blow LL U5_ASE- °Oi.i::"JIJ.T 5 11000,000 OTHER 1 � DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Newport Shores Street End Improvements, Phase 1 Contract #3369 Primary Insurance; See attached ECG205011299 & ECG205020100 CG2404 & CA20480299 & WC Waiver of Subrogation = ° °' °= ° ° °'•' °This revises certificate dated 04 -23- 2004• °` °�� °� °��- ° ° °' °° City of Newport Beach Public Works Dept. Attn: Shari Rooks 330 Newport Blvd. Newport Beach, CA 92658 ACORD25(2001I08) FAX: (949)644 -3318 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X'XIXMkWAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, wzzwauaXcz ¢xa�Xwrc��wttac�0czxw�aaXxxxxx Col LLaPP.y "°`.c ©ACORD CORPORATION 1988 f 5/12/2004 15:33 LUIS Inc. Kim Saenz�Attn: Shana C 3/8 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(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). I 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. I ACORD 25 (2009/08) 5/12/2004 15:33 LCIS Inc_ Kim Saenz- Attn: Shana @ 4/8 POLICY N MBER 1', 00003868 -04I CON&TRCIAL GENET -U LIABE=Y Diversified Landscape Management- Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ONV ERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 1 185) This endorsement modifies insurance provided under the following: COMMERCIAL GE vBRAL LLABILITY COVi;RAGE PART. 04 -22 -2004 Dame of Person or Organization City of Newport Beach, its officers, agents officials (excluding errors & omissions), employees & volunteers As it p- to Job a Newport Shores Street End Improvement Phase I Contract'3369 It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional insured(s) shall be primary insurance as respects any claim, loss or liability arising out the Famed Insured (s) operations, and any other insurance maintained by the additional insured (s) hail be excess and non - contributory with insurance provided hereunder. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS ANT INSL-RED (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 'j -our work" for that insured by or for you. ECG 20 501 12 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, fnc. used with its permission Cop }Tight, Insurance Semices OIHce, Inc., 1984 Page I of 1 t 5/12/2004 15:33 LCIS Inc. Kim Saenz�Attn: Shana C= 5/8 POLICY \UNIBER: 1-00003868-041 Diversified Landscape Manaeemen! Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO IS AN INSliRED (Section II) is amended to include as an insured any person or organization: 1. Required to be named as an additional insured in a written contract or agreement; and 2. Approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the limits of Insurance under this insurance shall not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance: 5. No Coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of a. Your ongoing operations, or b. "Your Work" done under a contract with that additional insured and included in the "products - completed operations hazard ". ECG 20 502 01 00 Page 1 of I f 5/12/2004 15.33 LCIS Inc_ Kim Saenz- Attn: Shana q 6/8 POLICY NUMBER: 1700003868 -041 COMMERCIAL GENERAL LIABILITY Diversified Landscape Management; Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER 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: City of Newport Beach, its officers, agents officials (excluding errors & omissions), employees & volunteers As it pertains to Job @ Newport Shores Street End Improvement Phase 1 Contract #3369 (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- C(AL 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. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 19 92 ❑ t 5/12/2004 15:33 LCIS Inc 0 POLICY NUMBER: 1700003868 -041 Kim SaenZ �.Attn: Shana Ca COMMERCIAL AUTO Diversified Landscape Management, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTOMOBILE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Vh %ith respect to coverage provided by this endorsement, the provisions of the Coverage Form apply urdess Modified by this endorsement. This endorsement identities persons) or organization(s) who are `insureds" wider the Who Is An Insured Provision of the Coverage Eonn. This endorsement does not alter coverage provided in the Coverage Foam_ This Endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04 -22 -2004 Cormtersigrred By Tamed Insured. Diversified Landscape Management, Inc. (Authonzed Representative) SCIrEDt -LE Tame of Person (s) or Organization (s): City ofNeseport Beach, its officers, agents officials (excluding errors & omissions), employees & volunteers As it pertains to Job Co. Newport Shores Street End Improvement Phase I Contract 43369 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but oruy to the extent that person or organization qualifies as an `insured" under the Who Is .An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insunnice Services Office, hic. 1998 Page I of I ❑ 7/8 t 5/12/2004 15 :33 LCIS Inc. Kim Saenz- Attn: Shana C 8/8 WORKERS COMPENSATION AND EMPLOYERS LI.ABILITY INSURANCE POLICY WC 04 03 0.6 (Ed. 4 -84) NVAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEME'\T — CALIFORNLA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of you employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the Califomia workers' compensation premium otherwise due on such remuneration. Schedule Person or Oraanization City of Newport Beach Job Description All California Landscape Operations per Individual Contract Subject to $100 -00 :Minimum Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information above is required only when this endorsement is issued subsequently to preparation of the policy) EFFECTIVE DATE: 04- 222004 POLICYMU -M3ER: 3800002447 -041 ENDORSEI`4ENT?\TJATEER: ENSURED: Diversified Landscape Management, Inc. PREMIUM S LNSGR =. \CE COMPANY — Everest National Insurance Company Countersi_myed Fay -,. __. WC 04 03 06 Copyright 1953 national Council on Compensation Liswance. (Ed. 04 -84) Ma9 13 04 10:17a Brown & Brown 714 - 923 -1872 P.1 r 1� i v • S 3.DLf 11 Fax F#:hL (6 kv� ` —��'� _ f D 4er CERTIFICATE OF INSURANCE n t v. CHECKLIST C— C��� City of Newport Beach This checklist is comprised of requirements as nutGneri by the City of Newnnrt Reach_ Date Received: -4 2 U`T Date Completed. Sent Company /Person required to have certificate: 1. GENERAL LIABILITY A. INSURANCE COMPANY: C W B. AM BEST RATING (A: VI I or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? XY El NO D. LIMITS (Must be $1 M or greater): What is limit provided? �t I�U� E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yes ❑ No f F. ADDITI9t �SURED WORDING TO INCLUDE (The City its officers officials employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? G ❑ 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] No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. FIN III. AUTOMOBILE LIABILITY A. INSURANCE COMPANY B. AM BEST RATING (A: VII i C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ; officers, officials, employees and volunteers): Is it included? ❑ Yes F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers bbl , Is it included? /?A1 ❑ Yes G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. kYes ❑ No WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include) ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO. WHICH ITEMS NEED TO BE COMPLETED' K �{ I Is it included? Ip es g No Yes 0 C116 OF NEWPORT BEOCH DIVERSIFIED LANDSCAPE MGMT INC 23052 -H ALICIA PARKATAY #385 MISSION VIEJO, CA 92692 ... ACCOUNTNTTUMBER; BT30004198 IN'STRUCTION'S AND CONDITIONS EXPIRATION DAT E: 05/31/2005 Welcome to the City of Newport Beach, and thank, you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this cartificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro - rated. Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (FAunicipal Code sections 5.64 throueh 5.03). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e -mail us aF: RevenueHelp @city.newport- beach.ca.us, or visit us on the internet at vnvw.ci �.rawport beabeach.ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PI,AC:R OF FUSITNMS'S FOR WHICH ISSUUD CITY OF NEWPOORT BEA-CH BUSINESS TAX ERTE€ f TE Tf-nS TAX. PAYMENT EXPIRES: 05/31/2005 SERVICE ADDRESS: DIVERS_FIED LANDSCAPE MGMT INC 22721 LAJARES MISSION VIEJO CA 52692 .. . BUSINESS CATEGORY LANDSCAPE COUNSELING & PLANNIN' SELLERS PERN4IT: NO SELLERS PERMIT.. ACCOUNT NUMBER: ET30004198 OZ�N7R NAME. SMALLWOOD, CYNTHIA J ONY.NFRSHIP TYPE. CORPORATION TAX tinCLLIDES Pd.1't IENT FOR: 0.00 EMPLOYEES DATE OFISSUF: 05/17/2004 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO. 3869 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. 3669 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 1. Lump Sum Mobilization /Notification /Site Security -rlJO 7-hDUS1946 r @ f ;o�;t _ s :_X Dollars c and Z a to (4 Cents $ T cQia.Od Per Lump Sum 2. Lump Sum Traffic Control Ywo "7hous�a i -nine @hundtaA rhpkja_Dollars and Zee-0 Cents $ rj °3 P.Dc� Per Lump Sum E PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Clearing and Grubbing wn Thou SAAB -E7gh-r @ hurarAEA 7&ucive. Dollars and z �r Cents Per Lump Sum El E am 7 Lump Sum 1,100 S.F. 60 L.F 1 Each Grad ing /I mport/Export 6 a thousar`d @ Dollars and z:erD Cents Per Lump Sum Construct PCC Sidewalk -j we -rhowsN�d VeA" r :�;�i_ -s: x Dollars and Cents $ �� �i�e_ $ Per Square Foot Provide and Install Plastic Lawn Edging @fowthunAra A. G,ytit Dollars and z e, c• Cents Per Linear Foot Install Precast Concrete Bench @Sixhund/ A.S', it Dollars and 2rc7 Cents Per Each 8. 1 Each Provide and Install Dog Bag Dispenser Four "N k"T ed @_,��nQ,Tf - Dollars and -i.e rc Cents Per Each $ $ Qow o o $ 406-00 $ q98,0-0 PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. Lump Sum Provide and Install Irrigation System C/ev,. - rhousv) d @SQ ✓. . n,�nn�o�- F;fr�,.t ° "�OIIarS and Z e r Cents $ 1 10 s q.o� Per Lump Sum 10. Lump Sum Provide and Install Low Voltage Lighting System C)jNe 7n0asw+6 Sik @ t%,A,eg1 h N;nt�y_T;r� Dollars and Z eY t� Cents $ .Oa Per Lump Sum 11. Lump Sum Provide and Install 110 Volt Power Supply to Median 7w0 TnO.Sao0 @Thjr'ry -Four Dollars and -zero Cents $ _i o3y.0-0 Per Lump Sum 12. Lump Sum Provide and Install Landscaping -r W ✓qty -TWz V:Ae @h4„61,n ro;ry_ A:nk.Dollars and `21'rL Cents $ 9au Per Lump Sum 13. Lump Sum Provide Survey Service p n 4 -r V\0.:5 aid 0:4,W- @ a f _&V_LDo I I a rs and e �c7 Cents Per Lump Sum 14. Lump Sum 90 Day Plant Establishment and Maintenance Period 'j Jj0 Th0uSpAAC Dollars and "z -0 ro Cents $ /Dl� • D c7 Per Lump Sum 0 0 PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS rifTC2Ue / nUSgnA A4A41 Eu arcA Dollars and -2- �e (o Cents 4/20/04 Date (949)454 -2805 !9491454 -221719 Bidder's Telephone and Fax Numbers 622626 C27 HIC A Bidder's License No(s). and Classification(s) $ 9 93. 60 Total Price (Figures) Diversified Landscape a�naaeement,Inc Bidder 'ke P Bid er's Authori d Signature and itle 23052 -H Alicia Parkway, #385 Migsjgl;4 ;,I O.A.G2& °2 Bidder's Address Last saved by srooks03 /19/2004 9:16 AM E\ users \pbw\shared \contrects\rnasters \NEWPORT SHORES STREET END IMPROVEMENTS - PHASE t.doc 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 1 CONTRACT NO 331569 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 0 0 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 10 212 -1 LANDSCAPE MATERIALS 10 212 -1.4 Plants 10 212 -1.4.1 General 10 212 -2 IRRIGATION SYSTEM MATERIALS 10 212 -21 Pipe and Fittings 10 9 0 212 -2.1.3 General 11 212 -2.2 Valve and Valve Boxes 11 212 -2.2.7 Valve Boxes 11 212 -2.4 Sprinkler Equipment 11 212 -3 ELECTRICAL MATERIALS 11 212 -3.2 Conduits and Conductors 11 212 -3.2.2 Conductors 11 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 12 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 302 -5.4 Tack Coat 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 12 303 -5.1.1 General 12 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 13 308 -1 GENERAL 13 308 -4 PLANTING 13 308 -4.1 General 13 308 -4.2 Protection and Storage 14 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 14 Last saved by mlocey03 /19/2004 9:32 AM f: \uses \pbw\shared \contracts \mastm \mastors for contract set up\naster specs indcx.doc 0 • SP 1 OF 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT SHORES STREET END IMPROVMENTS - PHASE 1 CONTRACT NO. 3669 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5191 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2 -- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of clearing and grubbing to remove existing vegetation and improvements, grading with the removal or import of soil, construction of sidewalk, installation of lawn edging, irrigation system and landscaping; providing and installing a precast concrete bench, trash can receptacle, dog bag dispenser and other incidental items of work. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. • • SP2OF14 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 percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 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 • • SP3OF14 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. 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 • • SP4OF14 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 (20) twenty 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 15` 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 4`h, the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`h, (Christmas Eve — half day), December 25`h (Christmas), and December 31" (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." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. • • SP5OF14 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, 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 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." 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 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the Contractor for all costs plus 15 percent. • SP6OF14 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. 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 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. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take 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: 'The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 0 • SP7OF14 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." 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 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other 0 SP8OF14 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 or Landscaping Contractor "C -27" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization /Notification /Site Security: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, notification of adjacent residents, providing site security and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control 0 0 SP9OF14 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 W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Clearing and Grubbing: Work under this item shall include removing all objectionable materials, applying herbicides, and weed abatement which construction limits and all other work items as required to complete the work in place. Work under this item shall also include pruning roots of any trees that interfere with the construction and all work necessary to root prune trees complete and in place. Item No. 4 Grading /Import/Export: Work under this item shall include grading, soil tillage, and soil import/export (if any) and all other work as required to complete the work in place. Item No. 5 Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk per City Std.- 180 -L, and all other work items as required to complete the work in place. Item No. 6 Provide and Install Plastic Lawn Edging: Work under this item shall include providing and installing plastic lawn edging per manufactures written instruction, and all other work items as required to complete the work in place. Item No. 7 Install Concrete Bench: Work under this item shall include installing a City (General Services Dept.) provided precast concrete bench, and all other work items as required to complete the work in place. Item No. 8 Provide and Install Dog Bag Dispenser: Work under this item shall include providing and installing a Dog Bag Dispenser as manufactured by Doggie Walk Bag Company (Blue Dispenser), and all other work items as required to complete the work in place. Item No. 9 Provide and Install Irrigation System: Work under this item shall include providing and installing all irrigation pipe, controller, supply lines, heads, valves, wiring, backflow preventer, connections, trench paving per City Std.- 105 -L -B, and all other work items as required to complete the work in place. Item No. 10 Provide and Install Low Voltage Lighting System: Work under this item shall include providing and installing all conduit, pull boxes, transformers wiring, lighting, trench paving per City Std.- 105 -L -B and all other work items as required to complete the work in place. Item No. 11 Provide and Install 110 Volt Power Supply: Work under this item shall include providing and installing all conduit, wiring, exterior outlet with GFI and cover, trench paving per City Std.- 105 -L -B and all other work items as required to complete the work in place. E • SP 10 OF 14 Item No. 12 Provide and Install Landscaping: Work under this item shall include providing and placing soil amendments and installing plants in a spacing and pattern as specified on the drawings, and all other work items as required to complete the work in place. Item No. 13 Provide Survey Service: Work under this item shall include supplying any and all survey required to complete the work in place. Item No. 14 90 Day Plant Establishment and Maintenance Period: Work under this item shall include the maintenance of all landscaping; including but not limited to, site irrigation, weed control, erosion control, pest and disease control, replacement planting for a period of one year from completion of the project, and all other work as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.4 Plants 212 -1.4.1 General. Add to this section: 'The Contractor shall complete the landscaping with the plants called out in the plans. Soil amendments shall be approved by the Engineer prior to placement. The Contractor shall notify Bob Martinez of the Parks Department, (949) 644 -3054, one week prior to the removal of any existing vegetation to allow city forces to salvage any reusable plant material." 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings 212 -2.1.3 General. Add to this section: "All irrigation lines and fittings shall be as specified on the plans, with solvent weld socket fittings. The Contractor shall plug 0 • SP 11 OF 14 and pressure check the irrigation system to 175 P.S.I. for a period of one hour. Any leaks shall be repaired prior to installing landscape materials." 212 -2.2 Valve and Valve Boxes 212 -2.2.7 Valve Boxes. Add to this section: "All valve boxes shall be green H.D.P.E. Irrigation Boxes, Carson Brooks No. 1419 with lid marked "Irrigation Control Valve "." 212 -2.4 Sprinkler Equipment. Add to this section: "All sprinkler heads shall be Toro 570 with model series and description specified on the plans." 212 -3 ELECTRICAL MATERIALS 212 -3.2 Conduit and Conductors 212 -3.2.2 Conductors. Add to this section: "Irrigation wiring is to be a continuous run from end to end with no splices. The common irrigation wire is to be spliced only at the valves. All irrigation wires in the pull box shall have a minimum of one foot of additional wire to accommodate any future repair." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. • • SP 12 OF 14 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/z inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks' /4 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 0 SP 13 OF 14 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe his method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. 308 -4 PLANTING. Add to this section: "The Contractor shall replant those areas excavated or damaged, at all construction locations, as a part of his irrigation system installation with vegetation of the same type as that removed." 308 -4.1 General. Add to this section: "Plant names indicated or listed in the "Plant Legend" on the Plans, conform to the approved names given in "An Annotated Checklist of Woody Ornamental Plants in California, Oregon, and Washington, Manual 4091 ", published by the University of California (1979). Except for names not covered therein, the established custom of the nursery is followed. Condition of plants shall be symmetrical, typical for variety and species, sound, healthy, vigorous, free from plant disease, insect pests, or their eggs, and shall have healthy normal root systems, well filling their containers, but not to the point of being root bound. Plants shall not be pruned prior to delivery, except as authorized by the Engineer. In no case shall trees be topped before delivery. The size of the plants shall correspond with that normally expected for species and variety of commercially available nursery stock, or as specified on the Plans. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, if any, specified on the Plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will be at the as bid unit price in the contract. Bare root planting shall be done only with special approval of the Engineer. All plant material shall be subject to the inspection and acceptance of the Engineer before planting. The Engineer shall inspect the plants for size and condition of root growth, insects, injuries and defects. Plants not accepted are to be removed from the it 0 SP 14 OF 14 site immediately and replaced with suitable plants. The Engineer reserves the right to reject entire lots of plants represented by defective samples. The Contractor shall moisten prepared surfaces immediately prior to installing plant material. The Contractor shall install plant material immediately after delivery to the site, within 24 hours after harvesting to prevent deterioration. The Contractor shall water landscaped areas immediately after installation." 308 -4.2 Protection and Storage. Replace this section with: "All plants shall be inspected by the Engineer prior to planting, including plants previously approved at the nursery. The contractor shall be responsible for the condition of all plants, planted or \otherwise until acceptance. The contractor shall regularly water all nursery stock in containers and place them in a cool area protected from the sun and drying winds. The Contractor shall not allow plants to dry out before or while being planted. Exposed roots shall be kept moist by means of wet sawdust, pear moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, weather in place or not, will not be accepted and shall be replaced at the Contractor's sole expense." 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT Replace this section with: "The maintenance period shall be a minimum of ninety (90) days after "Date of Acceptance of Installation" of all planting areas. The Contractor shall request in writing from the Engineer notification of the date of the start of the maintenance period. At the acceptance of all planting areas, the Contractor shall request in writing from the Engineer notification of the date of the completion of the maintenance period. The maintenance period shall not officially begin or end without written notification from the Engineer. The Contractor shall water, weed, fertilize, mow, edge, prune, spray and apply topdressing as necessary to promote a healthy growing condition. All planted areas shall be kept free of debris and shall be weeded and cultivated at intervals not to exceed ten (10) days. The Contractor shall maintain the project in a neat and attractive manner throughout the maintenance period. The first mowing of lawn areas shall be performed when the grass is 2 'h- inches high and shall be repeated as often as necessary to maintain the lawn at a height of 2 ' /2- inches. In no case shall the lawn be cut lower than V/2-inches in height. The contractor shall adjust the irrigation system to sufficiently saturate root zone without rotting trees, shrubs, and ground cover. The Contractor shall fertilize with "Gro -Power Plus" at 30 lbs. /1,000 s.f. every thirty (30) calendar days (twice during the maintenance period), or as indicated by the agronomic soils test. Apply "Gro -Power Controlled Release Nitrogen" five (5) calendar days before the end of the maintenance period, or as indicated by the agronomic soils test. The Contractor shall adhere to fertilization requirements of the soils tests (provided by the Engineer) at no additional cost." F:\ USERS \PBMShared \Contracts \03 -04 \Newport Shores Specs.doc ` "{ "``A it CITY OF NEWPORT BEACH CIT'r'nr R•C;'JPGftT qq CITY COUNCIL STAFF REPORT Agenda Item No. 7 May 11, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 - 644 -3311 sluy @city.newport- beach.ca.us SUBJECT: NEWPORT SHORES STREET END IMPROVEMENTS -PHASE 1 CONTRACT NO. 3669 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3669 to Diversified Landscape Management, Inc. for the total bid price of $54,992.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $5,000.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M. on April 20, 2004 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Diversified Landscape Maintenance, Inc. *$54,993.00 2 International Pavement Solutions 56,540.00 3 Belaire -West Landscape, Inc. 66,470.00 4 JDC Inc. 78,225.00 5 G.C.I. Construction, Inc. 124,100.00 6 Excel Paving Company 136,818.00 " Corrected Bid Amount is $54,992.00. The low total bid amount is 38 percent above the engineer's estimate of $40,000.00. The low bidder, Diversified Landscape Maintenance, possesses a California State Contractor's License Classification "A" as required by the project specifications. A check of the Subject: Newport Shores Sind Improvements -Phase 1 — Award of Con 0o. 3669 May 11, 2004 Page: 2 Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary for the completion of this contract consists of clearing and grubbing to remove existing vegetation and improvements, grading with the removal or import of soil, construction of sidewalk, installation of lawn edging, irrigation system and landscaping; providing and installing a precast concrete bench, and dog bag dispenser. Per the Contract Specifications the Contractor will have 20 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of highways and streets with negligible expansion in areas that are not environmentally sensitive. Funding Availability: There are sufficient funds available in the following account(s) for the project: Account Description Newport Shores Street End Improvements, Phase 1 Prepared by: Stephen Luy Associate Civil Engineer Attachments: Project Location Map Bid Summary f.WsersbdMsharedm ndfoe tenOates`c ntmd av rdx.dx Account Number Amount 7013- C5100014 $59,992.00 Submitted by: t phen G. Badum Public Works Director 107718 PROJECT LOCATION NEWPORT SHORES G lw..mmo q \. ! R of ron ) 16i/ P ` ` 9 \ \ 7 �\ A �2 � r~fM) AP u6_66t -09 L e /- 7';.ry$ / d w 0 3; \ zs", l8 c$fi 'fez i A 17 �' •?^ • R ' f G2 Y X • M" Y ^�Ij Y YP l .. A A�\\\ A Y b A E F ', ✓ AM' . t AN ,�o P.O�`•'nT a . AO L i C -3369 CITY OF NEWPORT BEACH DRAWN—DATE — Zo PUBLIC WORKS DEPARTMENT APPROVED NEWPORT SHORES STREET END IMPROVEMENTS PHASE 1 DRAWING NO. EXHIBIT A J 0 R Ar" - 0 It : 0 yyyY ,BA A 4?A rRAC . � Y• �j p L P7 y AV � E :;.. 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