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HomeMy WebLinkAboutC-3628 - Coastal Access & Pedestrian Circulation Improvements - River Avenue SidewalkOFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 27, 2011 Mr. Ronnie Cochran Golden State Constructors, Inc. 6162 Galipean Drive Huntington Beach, CA 92647 Subject: River Avenue Pedestrian Coastal Access Improvements (C -3628) Dear Mr. Cochran: On May 25, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 15, 2010. Reference No. 2010000263797. The Surety for the contract is The North American Specialty Insurance Company and the bond number is 2097384. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, 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 Bond No. )97384 (One Of 7 ar Originals) P1F1^�19. l�t#�Ra @,tPi,' 133 MEDICATED ON THE AI_ CONTRACT FIRM CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 BOND NO. 2097384 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16, 957.00 being at the rate of $ 31.25 per thousand for ist* T49R%M of the Contract price. * 100k, $18.75 per thousand for .next 400k, $12.50 per thousand for balance WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Golden State Constructors,Xh&� hereinafter designated as the "Principal ", a contract for construction of COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK, Contract No. 3628 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. 3628 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Specialty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, Six Thousand, Five Hundred Seventy -Nine and 02/100 Dollars ($1,006,579.02) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30th day of July 2009. ZZ, Golden State Constructors? .(Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker Street, #3800 Orange, CA 92868 Address of Surety (714) 550 -7799 Telephone Author' ed Signature/Title Author ed'Age t AiQnature Randy Spohn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship m arc or maybe required or permitted by law, . regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TWENTY -FIVE MILLION $25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 24" of March, 2000: 'RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall b e binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached:' \au\xnnurnxer J,{p r'tIp/GiG �" t °a B OEA E tJ SFAL= y us :m3 &mP. Aadermv, PrmMevt 6: e eer ea.hln>Hav lvtermavnaltmervntt Cvmpavy RSenler vi «PtmWtfNh IFn A'4uPeRY 0avld M. tA& Vim Frl WVerv,NVn 6mhlnpmalmemarime Cm,,-y & vl« y.aamt ofNe,rh Ame,ken sp«lelry rmunn« Cempaey IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as: On this 30th day of September 2008 , before me, a. Notary Public personally appeared Steven P Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Senior Vice President of Washington international Insurance Company and Vice President oFNorlh American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their reseed ve eomnanies. =411A .S DORY pe)'5MN5 Notary tL6liq Smcef ➢Wrob Donna D. Sklens, Not Public MyCommoriop E�im tON42tllt Notary I, James A. Camenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. M WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of July . 2009 , r :�„� a. e.memm, vi« Pm.;arnragssismarse«<;my arwmh;,p,ar, haenmbna tmmeme e�pmy a NmW /am.k•^ aP«idty Immv,ev Camp vy CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 30, 2009 before me, Erika Guido, NOTARY PUBLIC . personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of • California that the foregoing paragraph is true and correct. ERIKA GUIDO g OMY CoMM. # 1843731 !NlIITNESS my hand and official seal. NOTARY uU'#"CCAIFORNIAo 3 ORANGE COUNTY rop 91 Comm. expires May 5, 2013 16 Signature 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED _ ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: _ NAME OF PERSON(S) OR ENTITY(IES) ( I �. 0 0 9 0( S I D (1� I •� C i.�1 ail �y � � fh (t � 1I B '� f State of California County of a gy/ On —�t_0 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/sheFthey executed the same in his,AwrAhe r- authorized capacity(ies), and that by his/herAhetr signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary Seal) CLAUDIA COCHRAPJ COMM. #17221 T9 rA Notary Pubfio -r turps ORk4QE COUNTY MY corm. Eap. Jan 30, 2011 �{ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED 13Y THE SIGNER ❑ Individual (a) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING TIES FORM Any acknowledgment completed in Cahfornta must contain verbiage exactly as wears above in the rotary section or a separate ackowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Cofifornia In such instances, airy alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the rotary to do something that is illegal for a notary in California (i.e. certifying she authorized capacity of the signer). Please check the document carefnllyforpmper notarial wording amt atach thuform ifregwred. State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her time as it appears within his or her commission followedbya comma andthen your title (notary public). o Print the names) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fortes (i.e. Wshe /Nley- is faro) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on the with the office of the county clerk. d Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. fi Indicate title or type of attached document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS, INC. FOR RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement No. Three "), is entered into as of this 1st day of July, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "CITY "), and CIVIL WORKS ENGINEERS, INC., a California Corporation whose address is 3151 Airway Avenue, Suite S -2, Costa Mesa, California 92626 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On November 20, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for engineering services for the River Avenue Pedestrian Coastal Access Improvements C -3628 ( "Project'). B. On June 1, 2009, City and Consultant amended the Agreement to increase the Scope of Services, increase the total compensation and extend the term to December 31, 2009 ( "Amendment No. One "). C. On December 21, 2009, City and Consultant amended the Agreement to extend the term to June 30, 2010 ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to extend the term of the Agreement to December 31, 2010 and to update insurance requirements. E. City and Consultant mutually desire to amend Agreement as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, Section 3 of Amendment No. One, and Section 1 of Amendment No. Two shall be amended hereby and the following is substituted in its entirety: The term of the Agreement shall be extended to December 31, 2010, unless terminated earlier as provided for in Agreement. 2. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Page 11 A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement 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 Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal Page 12 injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. Page 13 E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: ynebeb. Beau mp,,,,,�} Assistant City Att` r ey t v\ ATTEST: r9 66Bro- r�PuTy v Oil . w City Clerk G CITY OF NEWPORT BEACH, A California Municipal Corpora am wepnen 5s. 6aum, Public Works Director CONSULTANT: CIVIL WORKS ENGINEERS, INC., a California Corporation By: Marie Marston, President and Treasurer ;ME CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC July 9, 2010 Mr. Ronnie Cochran Golden State Constructors, Inc. 6162 Galipean Drive Huntington Beach, CA 92647 Subject: Coastal Access & Pedestrian Circulation Improvement - River Avenue Sidewalk (C -3628) Dear Mr. Cochran: On May 25, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 15, 2010, Reference No. 2010000263797. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2097384. Enclosed is the Labor & Materials Payment Bond. Sincerely, � f�elly V.,'��„"`G%� ✓InpAt '���j L eeilam L frown, M.MC &41 t(jt� lkK City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in'Official Records, RECEIVED range Tom Daly, Clerk- Recorder IIIIIIIIIINIIIhIIInIIIIINIVIIIUIIIIIIIIIIIIIIIIIInllllllll NdVreN 15 AM 9= 13 2010000263797 3:58 pm 06/04; OF 62 41 7 N1 2 THE Clll CLERK 0.00 o.00 0.00 o.00 0.00 0.00 t"(PTIVIRQRT BEACH "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Golden State Constructors, Inc., of Huntington Beach, California, as Contractor, entered into a Contract on August 11, 2009. Said Contract set forth certain improvements, as follows: Coastal Access & Pedestrian Circulation Improvements — River Avenue Sidewalk (C -3628) Work on said Contract was completed, and was found to be acceptable on May 25, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. n n m �1 Executed on I V ` y� t�o 0 at Newport Beach, California. BY VJGA� ; rJY�/Yl✓ City Clerk I ( R� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 26, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: • Coastal Access & Pedestrian Circulation Improvements (C -3628 • Irvine Avenue Sidewalk Widening (C -4432) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Vd Q Aok,-", Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Golden State Constructors, Inc., of Huntington Beach, California, as Contractor, entered into a Contract on August 11, 2009. Said Contract set forth certain improvements, as follows: Coastal Access & Pedestrian Circulation Improvements — River Avenue Sidewalk (C -3628 Work on said Contract was completed, and was found to be acceptable on May 25. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. A n �1 Executed on MM 11b '�o 10 at Newport Beach, California. BY U1t'AYGIMA j'JYOIiVI. -� City Clerk CITY OF NEWPORT BEACH P a`, 2 5 2011 CITY COUNCIL STAFF REPORT May 25, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 - 644 -3347 or parciniega @newportbeachca.gov SUBJECT: COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3628 RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. 4. Authorize the City Manager and General Service Department to increase their FY 10/11 Operating and Maintenance Budget by $9,386 annually to accommodate the increased annual maintenance. Construction Contract Summary: Construction Contract Award Final Cost at Benchmark Actual Contract Time Under Amount Completion Target Time (days) or (Over) $1,006,579.92 $1,139,536.86 Contract Contract 70 (8) DISCUSSION: On August 11, 2009, City Council authorized the award of the Coastal Access & Pedestrian Circulation Improvements Project to Golden State Constructors, Inc. The work necessary for the completion of this contract consisted of mobilization, traffic control, construction notifications, survey services, curb and gutter, roadway reconstruction, landscaping, onsite improvements, traffic striping and signage, and all other items of work required to complete the work in place. Coastal Ac, j & Pedestrian Circulation Improvements- Completion and Acceptance of Contract No. 3628 May 25, 2010 Page 2 The project encountered some unforeseen delays during the work. GSCI requested that time be added to the project for delays incurred because of changed conditions, plan changes and rain. The contractor was granted 35 additional work days for the unforeseen changes. 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: Actual cost of bid items constructed: Total change orders: Final contract cost: $1,006,579.92 $1,040,553.90 $103,114.10 $1,143,668.00 The final overall construction cost, including five change orders was approximately 13.2% percent above the original bid amount. The change orders are as listed below: Item No. Description Amount 1 Extra work — 4701, 4709, 4715, 4719 River Ave. and 224 48th St. $17,062.00 2 Construction changes 9/24 through 12/9 $ 13,895.63 3 Extra work — 4700, 4900, 5000 & 5100 blocks River Ave. $20,705.82 4 Extra work 1120 through 2/14 $28,433.00 5 Extra work 3/2 through 3/10 $21,119.59 6 Extra work: 5009 & 5011 River Ave. $1,898.06 Total Project Change Orders $103,114.10 Some of the extra work encountered resulted from the relocation of water utility services and sewer clean outs (SCO) in an effort to maximize the landscape areas. Additionally the existing water valves in this street were very old and several had to be replaced during construction. Modifications to existing private improvements were necessary to accommodate the City's reclamation of 10 feet of right -of -way for sidewalk improvements. Additionally, modifications to existing driveways and entryways were required to accommodate the new sidewalk, curb and gutter alignment. The original project budget did not include any Utilities (Water or Sewer) funding. The original bid included $25,400 in water work and $4,300 in sewer work. With change orders, these numbers totaled $49,350 and $6,694 respectively. A summary of the project schedule is as follows: Estimated completion date per June 2009 Schedule: December 21, 2009 Project Award for construction: August 11, 2009 Contract Completion Date per NTP & Approved Extensions: March 2, 2010 Actual Substantial Construction Completion Date: March 12, 2010 Coastal Access & Pedestrian Circulation Improvements- Completion and Acceptance of Contract No. 3628 May 25, 2010 Page 3 Upon acceptance of this work and the end of the contract maintenance period, there will be additional yearly maintenance costs based on the FY 09/10 Ceiling Adjustment Requests from General Services Department for the additional 153 trees and 8,925 square feet of landscaping. Additional annual costs will be $3,244 for landscaping and $6,142 for tree maintenance. Additional annual funding will need to be added to the General Services Budget. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work 10 -day and 48 -hour City- prepared construction informational notices were distributed by the residents within the work vicinity. Funding Availability: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $1,143,668.00 Geotechnical $9,333.50 Design Services $110,125.00 Design Survey $34,438.00 Incidentals $2,910.97 Total Project Cost $1,300,475.47 Funds for the construction project were expended from the following account: Account Description Oceanfront Encroachment Water Fund Waste Water Fund Z,aZby: Patrick Arcinie Senior Civil E i eer Attachment: Location Map Account Number 7028- C3002004 7503- C3002004 7531- C3002004 Total: Submitted Amount $1,093,624.00 $43,350.00 $6,694.00 $1,143,668.00 aaum Director AMENDMENT NO. THREE TO 01;4 PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS, INC. FOR N RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement No. Three "), is entered into as of this 15' day of July, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "CITY "), and CIVIL WORKS ENGINEERS, INC., a California Corporation whose address is 3151 Airway Avenue, Suite S -2, Costa Mesa, California 92626 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On November 20, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for engineering services for the River Avenue Pedestrian Coastal Access Improvements C -3628 ( "Project "). B. On June 1, 2009, City and Consultant amended the Agreement to increase the Scope of Services, increase the total compensation and extend the term to December 31, 2009 ( "Amendment No. One "). C. On December 21, 2009, City and Consultant amended the Agreement to extend the term to June 30, 2010 ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to extend the term of the Agreement to December 31, 2010 and to update insurance requirements. E. City and Consultant mutually desire to amend Agreement as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, Section 3 of Amendment No. One, and Section 1 of Amendment No. Two shall be amended hereby and the following is substituted in its entirety: The term of the Agreement shall be extended to December 31, 2010, unless terminated earlier as provided for in Agreement. 2. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Page I 1 A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement 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 Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal Page 12 injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consutant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsuftants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limitina. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. Page 13 E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: yne e . Bea yy� mp, Assistant City Att ey ATTEST: v 0eilafii. Brown, City Clerk m o ,� CITY OF NEWPORT BEACH, A California Municipal Corpore om Public Works Director CONSULTANT: CIVIL WORKS ENGINEERS, INC., a California Corporation By: A6�� AL -1r-� Marie Marston, President and Treasurer Page 14 0--e_it 30-5 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS FOR RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS THIS AMENDMENT NO. TWO T PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of PCCtWWW , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and CIVIL WORKS ENGINEERS, INC., a California Corporation whose address is 3151 Airway Avenue, Suite S -2, Costa Mesa, California 92626 ( "CONSULTANT"), and is made with reference to the following: RECITALS: A. On November 20, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for engineering services for the River Avenue Pedestrian Coastal Access Improvements C -3628, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, the latest dated June 1, 2009. C. CITY desires to enter into this AMENDMENT NO. TWO to extend the term of the AGREEMENT to June 30, 2010. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to June 30, 2010. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. • M r', IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: � ynet D. Be*hamp, Assistant City Attorney ATTEST: By: A61 P Leilani I. Brown, City Clerk 2 CITY OF NEWPORT BEACH, A Municipal Coriagy0lon m G. Badum, Works Director CIVIL WORKS ENGINEERS, INC.: By: mk6a Marie Marston, President and Treasurer p I ' PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS FOR RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS C-3628 THIS GREEMENT is made and entered into as of thisq day of , 200, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and CIVIL WORKS ENGINEERS a California Corporation whose address is 3151 Airway Avenue, Suite S -2, Costa Mesa California, 92626 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to construct a new sidewalk and curbed landscape bulb -outs along River Avenue to facilitate pedestrian accessibility. C. City desires to engage Consultant to prepare plans and specifications for the River Avenue Pedestrian Coastal Access Improvements. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[f of Consultant for purposes of Project, shall be Marie Marston, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30 day of September, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty -Five Thousand Five Hundred Thirty Dollars and no /100 ($85,530.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be 2 limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated MARIE MARSTON, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. PATRICK ARCINIEGA shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. a 0 • 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. Iz 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. ftnature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. Cr Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all R 0 9 Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of iwa million dollars MM ($1,000,000). c wL E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 15. 0 9 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as 0 0 otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without-further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version r of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant in 0 0 shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: 11 0 • Attn: Patrick Arciniega Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3347 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Marie Marston, P.E. Gempa"y Civil Works Engineers 3151 Airway Avenue, Suite S -2 (�%� Edy �tatezip Costa Mesa, CA 92626 Phone: 714.966.9060 Fax: 714.966.9085 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. IV, 0 30. WAIVER • A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 • • 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ity A torney for the City of Newport Beach ATTEST: Sl for the City of Newport Beach CONSULTANT: By: Au& Mc — (Corporate Officer) Title: PYes�Aent Print Name: KAr`e kfd.(St" By: AA44A - -- (Financial Officer) Title: Tit"'irer Print Name: Njme /- -udm_ Attachments: Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates 14 Civil Works Engineers August 18, 2008 Patrick Arciniega Senior Civil Engineer City of Newport Beach 3333 Newport Blvd. Newport Beach, CA 92658 Subject: River Avenue - Balboa Boulevard to Street End ( -561" Street) Street Narrowing, New Sidewalks & Bulbouts Dear Patrick: EXHIBIT A Thank you for the opportunity to continue working on the River Avenue Improvement Project. We understand the City would like to proceed with final design for improvements to River Avenue from Balboa Boulevard to the street's end and to 48th, 49d', 501h, 52nd, and 5V streets from River Avenue to Neptune Avenue. The following outlines our understanding of the project, our scope of work, and fee. A. Detailed Description of the Services to be Provided The City would like to construct new sidewalk and curbed landscaped bulb -outs by narrowing River Avenue. The existing curb to curb width on River Avenue is 40' and the existing right of way line to right of way line is 60'. The proposed street width would generally consist of the existing 20' half street for the north half and one -13' lane on the south half. The curb along the south side of the street would be moved toward the centerline by approximately 7'. Two 8' parking bays are proposed on the south side on either side of 49th Street. Generally, a 6' sidewalk with landscaped parkways of 5' and 6' on each side of the sidewalk would be developed adjacent to the south curb. The curb along the north side of the street is proposed to remain as existing, except at 49th Street where a bulb -out would be constructed. The curb -to- curb street width on River Avenue at 49"' Street would be 25'. The existing stop sign at this location will be maintained. As part of the project, the City would like to initiate one -way movement for several of the numbered streets, excepting 471h which is already one -way. Both 515 and 541h would remain as is with two -way traffic. The other streets, 481h, 4e, 50th, 52nd, and 53rd would be revised to be one -way such that they could be narrowed by 2' allowing a 5' sidewalk instead of the existing 3' sidewalk. The streets which traffic flows toward River Avenue would be 47th Street, 49h Street, and 53` Street. The streets which traffic flows toward Neptune Avenue would be 481h Street, 501h Street, and 52nd Street. At the southeast end of River Avenue, there are several properties which have private improvements within the public right of way. The City intends to utilize their right of way and as such, these private improvements would need to be modified to fit within private property. Scope of Work: We propose to perform the work in three tasks as follows. 31 51 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 0 E Task 1 Coordinate with Bush Surveys for updated Survey & Base Map Task 2 Final Engineering - Preparation of Construction Documents Task 3 Construction Engineering Assistance Civil Works Engineers shall complete the following tasks: Task f — Coordinate with Bush Surveys for Updated Survey & Base Map Bush prepared the original survey under separate contract with the City. Some additional work is required from the surveyor in order to complete the final engineering. First, the point file needs to include an electronic description of each of the points. During preliminary engineering, we received a hard -copy file for point descriptions. From discussion with the City, we understand the surveyor will complete the addition of electronic file descriptions for our use. Also, we need detailed existing survey information for each of the private properties which are currently encroaching upon City right -of -way. Our construction drawings will require precise and detailed information for this area. Lastly, we need all of the surface utility features located. This includes valve covers, manholes, meter boxes, etc. Task 2 — Final Engineering — Preparation of Construction Documents The City- approved conceptual engineering layout will be used as the basis for final design and the preparation of plans, specifications, and construction quantities. The plans as presented at the public meeting on August 7, 2008 at the Lido Sands club area are understood to be the approved concept drawings. It is anticipated our construction plan set will include the following sheets: • Title • Typical Cross Sections • Layout & Profiles • Off-Site improvements & Details • Construction Details • Signing & Striping • Traffic Handling / Staging • Irrigation Plan & Details • Planting Plan & Details The City has requested the landscape and planting plans to be a part of our contract. As such, David Volz Design is a part of our team for this work. Landscape and planting plans will be prepared for the parkways for the south side of River Avenue from Balboa Avenue on the east and JoAnne Way on the west. The work will include the north side for the bulb -out area at 49P Street and the section from Lido Sands Drive to Balboa Avenue. It is assumed that modifications to existing utility facilities will be limited to adjustment to grade of boxes, manholes, etc. We have also assumed that an erosion control plan and /or WQMP is not necessary. A drainage study and report is not included as we do not anticipate the drainage flows being significantly affected with the proposed project. We will coordinate with the utility companies for modifications necessary to their facilities. We will work the utility company to coordinate any necessary work on their part. Minor grade issues of adjusting boxes or manholes to grade may be included in our plans. We do not anticipate preparation of plans for revisions to the existing utilities. We will coordinate with the City and DVD and attend up to four meetings during this task. A construction quantity cost estimate and specifications will also be prepared. We will respond to City comments and expect a maximum of three submittals (50 %, 75 %, and final). 31 51 Airway Avenue, Suite 5 -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 Task 3 — Construction Engineering Assistance Civil Works Engineers will provide support during construction to clarify questions, respond to RFIs, review shop drawings, attend 4 field meetings, perform 4 site visits, review the final construction to create a punchlist, and create final as -built plans. B. Personnel The following personnel will be assigned to this project in the positions indicated. Marie Marston, P.E. David Grantham, P.E. Francois Zugmeyer, P.E. Jeremy Schneider HappiLoeb David Volz Jay Brown C. Hours & Fee Estimate Principal -In- Charge / Project Manager Project Engineer Support Engineer CADD Designer Administration Landscape Architect Landscape Architect See the attached estimate of labor hours by task and subtask. Our fee to complete the above work is: Task 1 — Coord with Bush Surveys $ 1,530 Task 2 — Final Engineering — Const Docs $88,830 Task 3 — Construction Engr. Assistance $12,170 Other Direct Costs $ 3,000 TOTAL FEE $85,530 Exclusions The following items will not be included in our scope of work: Field Survey Utility Modification / Relocation Design Geotechnical Investigation Study Drainage Study and Report Traffic Study Volumes and One -Way Streets Coastal Commission Coordination and Permit Erosion Control Plans, WQMP, SWPPP Signal Modification Plans If you have any questions please call. We look forward to working with you. Sincerely, Marie Marston, P.E. President 3151 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 CLIENT: City of Newport Beach vil Works Engineers, Inc. PROJ: River Avenue - Balboa Boulevard to Street Eno ( -66th Street) rKOJECT LABOR ESTIMATE JOB NO: 311 -03 -08 - Final Engineering DATE: 08/18/08 Class Position/Name A B C D E F G H I J Hours Total A Principal ' B .: 8enicr Projeof Manager .: 66 ' . ee ' : 1 $000'' C Project Manager /Senior Project Engineer D Project Engineer. .. 248246'. $V,060 E Staff Engineer / Senior Designer F ; Junior:Engineei 111 Designer . : 1212 . 212:, :$,19,080 G Junior Engineer I / CADD Technician H Administrative Support. .' : 16;. 1S :;,,$960: ' I Survey Office Work J . Survey Field Crew: Totals 66 246 212 16 540 $57,000 Task No. Function Description A B C D E F G H I J Hours Total Task 1 - Coordinate with Bush Surveys for Updated Survey & Base Map Coordinate with City's Surveyor - Bush 1 4 5 $590 Add Information to Base Map 2 8 10 $940 $1,530 Task 2 - Final Engineering - Construction Documents Title Sheet 1 2 4 7 $730 Typical Cross Sections (2 sheets) 1 8 8 17 $1,750 Layout & Profiles (6 sheets) 8 42 84 134 $13,380 Street Construction Details (2 sheets) 2 16 24 42 $4,220 Off-Site Construction Details (2 sheets) 2 24 40 66 $6,540 Signing for Conversion to One -Way Streets 1 8 4 13 $1,390 Striping 1 8 4 13 $1,390 Traffic Handling / Staging 1 12 12 25 $2,550 Cost Estimate / Bid List 1 4 5 $590 Field Review w / City 6 6 12 $1,560 Specifications 4 16 8 28 $2,840 Respond to Comments-50°/ & 75% Submittals 4 24 20 48 $5,040 Assemble Bid Package 1 8 4 4 17 $1,630 Meetings (4) 12 12 24 $3,120 Coord w/ City & DVD 4 16 4 24 $2,600 DVD Design $19,500 $68,830 Task 3 - Construction Engineering Assistance Pre - Construction Meeting (1) 3 3 6 $780 Field Meetings (3) 3 9 12 $1,440 Site Visits (4) 4 8 12 $1,480 Respond to RFIs 6 12 18 $2,220 Field Walk for Punch Ust 4 4 $440 As -Built Plans 1 4 8 13 $1,310 DVD Design $4,500 $12,170 Subtotal $82,630 Other Direct Costs $3,000 Total Cost $85,530 Exclusions Field Survey, Monumentation, Corner Records, Construction Survey Utility Modification /Relocation Design Nan - Standard Retaining Wall Design Drainage Study & Report Traffic Study - Volumes and One -Way Streets Geotechnical Investigation / Study WOMP /SWPPP Erosion Control Plans Signal Modification Plans 0 0 ANERTMOA Civil Works Engineers August 18, 2008 Patrick Arciniega Senior Civil Engineer City of Newport Beach 3333 Newport Blvd. Newport Beach, CA 92658 Subject: River Avenue — Balboa Boulevard to Street End ( -56x' Street) Street Narrowing, New Sidewalks & Bulbouts Dear Patrick: Thank you for the opportunity to continue working on the River Avenue Improvement Project. We understand the City would like to proceed with final design for improvements to River Avenue from Balboa Boulevard to the street's end and to 48th, 49x', 50th, 52nd, and 53 streets from River Avenue to Neptune Avenue. The following outlines our understanding of the project, our scope of work, and fee. A. Detailed Description of the Services to be Provided The City would like to construct new sidewalk and curbed landscaped bulb -outs by narrowing River Avenue. The existing curb to curb width on River Avenue is 40' and the existing right of way line to right of way line is 60'. The proposed street width would generally consist of the existing 20' half street for the north half and one -13' lane on the south half. The curb along the south side of the street would be moved toward the centerline by approximately 7'. Two 8' parking bays are proposed on the south side on either side of 49th Street. Generally, a 6' sidewalk with landscaped parkways of 5' and 6' on each side of the sidewalk would be developed adjacent to the south curb. The curb along the north side of the street is proposed to remain as existing, except at 49th Street where a bulb -out would be constructed. The curb -to- curb street width on River Avenue at 49th Street would be 25'. The existing stop sign at this location will be maintained. As part of the project the City would like to initiate one-w 7 movement for several of the numbered streets, excepting 47 which is already one -way. Both 51 and 54'h would remain as is with two -way traffic. The other streets, 48"', 49th, 50th, 52nd, and 5e would be revised to be one -way such that they could be narrowed by 2' allowing a 5' sidewalk instead of the existin? 3' sidewalk. The streets which traffic flows toward River Avenue would be 47x' Street, 491h Street, and 53` Street. The streets which traffic flows toward Neptune Avenue would be 4e Street, 50th Street, and 52nd Street. At the southeast end of River Avenue, there are several properties which have private improvements within the public right of way. The City intends to utilize their right of way and as such, these private improvements would need to be modified to fit within private property. Scope of Work: We propose to perform the work in three tasks as follows. 31 51 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 0 0 Task 1 Coordinate with Bush Surveys for updated Survey & Base Map Task 2 Final Engineering - Preparation of Construction Documents Task 3 Construction Engineering Assistance Civil Works Engineers shall complete the following tasks: Task t — Coordinate with Bush Surreys for Updated Survey & Base Map Bush prepared the original survey under separate contract with the City. Some additional work is required from the surveyor in order to complete the final engineering. First, the point file needs to include an electronic description of each of the points. During preliminary engineering, we received a hard -copy file for point descriptions. From discussion with the City, we understand the surveyor will complete the addition of electronic file descriptions for our use. Also, we need detailed existing survey information for each of the private properties which are currently encroaching upon City right -of -way. Our construction drawings will require precise and detailed information for this area. Lastly, we need all of the surface utility features located. This includes valve covers, manholes, meter boxes, etc. Task 2 — Final Engineering — Preparation of Construction Documents The City - approved conceptual engineering layout will be used as the basis for final design and the preparation of plans, specifications, and construction quantities. The plans as presented at the public meeting on August 7, 2008 at the Lido Sands club area are understood to be the approved concept drawings. It is anticipated our construction plan set will include the following sheets: • Title • Typical Cross Sections • Layout & Profiles • Off -Site Improvements & Details • Construction Details • Signing & Striping • Traffic Handling / Staging • Irrigation Plan & Details • Planting Plan & Details The City has requested the landscape and planting plans to be a part of our contract. As such, David Volz Design is a part of our team for this work. Landscape and planting plans will be prepared for the parkways for the south side of River Avenue from Balboa Avenue on the east and JoAnne Way on the west. The work will include the north side for the bulb -out area at 49P Street and the section from Lido Sands Drive to Balboa Avenue. It is assumed that modifications to existing utility facilities will be limited to adjustment to grade of boxes, manholes, etc. We have also assumed that an erosion control plan and/or WQMP is not necessary. A drainage study and report is not included as we do not anticipate the drainage flows being significantly affected with the proposed project. We will coordinate with the utility companies for modifications necessary to their facilities. We will work the utility company to coordinate any necessary work on their part. Minor grade issues of adjusting boxes or manholes to grade may be included in our plans. We do not anticipate preparation of plans for revisions to the existing utilities. We will coordinate with the City and DVD and attend up to four meetings during this task. A construction quantity cost estimate and specifications will also be prepared. We will respond to City comments and expect a maximum of three submittals (50 %, 75 %, and final). 31 51 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 . T 714.966.9060 F 714.966.9085 0 0 Task 3 — Construction Engineering Assistance Civil Works Engineers will provide support during construction to clarify questions, respond to RFIs, review shop drawings, attend 4 field meetings, perform 4 site visits, review the final construction to create a punchlist, and create final as -built plans. B. Personnel The following personnel will be assigned to this project in the positions indicated. Marie Marston, P.E. David Grantham, P.E. Francois Zugmeyer, P.E. Jeremy Schneider Happi Loeb David Volz Jay Brown C. Hours & Fee Estimate Principal -In- Charge / Project Manager Project Engineer Support Engineer CADD Designer Administration Landscape Architect Landscape Architect See the attached estimate of labor hours by task and subtask. Our fee to complete the above work is: Task 1 — Coord with Bush Surveys $ 1,530 Task 2 — Final Engineering — Const Docs $68,830 Task 3 — Construction Engr. Assistance $12,170 Other Direct Costs $ 3,000 TOTAL FEE $85,530 Exclusions The following items will not be included in our scope of work: Field Survey Utility Modification / Relocation Design Geotechnical Investigation Study Drainage Study and Report Traffic Study Volumes and One -Way Streets Coastal Commission Coordination and Permit Erosion Control Plans, WQMP, SWPPP Signal Modification Plans If you have any questions please call. We look forward to working with you. Sincerely, Marie Marston, P.E. President 31 51 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 .• h 0 • CLIENT: City of Newport Beach Civil Works Engineers, Inc. PROJ: River Avenue - Balboa Boulevard to Street End ( -56th Street) PROJECT LABOR ESTIMATE JOB NO: 311 -03 -08 - Final Engineering DATE: 08/18/08 Class Position /Name A B C D E F G H I J Hours Total A Principal B . Senior, Project Manager 66 . • 66 .'$9900: C Project Manager /Senior Project Engineer O. Project Eng'meer :246 : .,246: $27,060 E Staff Engineer / Senior Designer F,- Junior Ehglneei It l Designers '.217. :, .'212 x.$18060: G Junior Engineer I / CADD Technician H ,Administrative Support 16 1;6';$960'; I Survey Office Work J 'Survey Field Crew Totals 66 246 212 16 540 $57,000 Task No. Function Description A B C D E F G H I J Hours Total Task 1 - Coordinate with Bush Surveys for Updated Survey & Base Map Coordinate with City's Surveyor - Bush 1 4 5 $590 Add Information to Base Map 2 8 10 $940 $1,530 Task 2 - Final Engineering - Construction Documents Title Sheet 1 2 4 7 $730 Typical Cross Sections (2 sheets) 1 8 8 17 $1,750 Layout & Profiles (6 sheets) 8 42 84 134 $13,380 Street Construction Details (2 sheets) 2 16 24 42 $4,220 Off -Site Construction Details (2 sheets) 2 24 40 66 $6,540 Signing for Conversion to One -Way Streets 1 8 4 13 $1,390 Striping 1 8 4 13 $1,390 Traffic Handling / Staging 1 12 12 25 $2,550 Cost Estimate /Bid List 1 4 5 $590 Field Review w / City 6 6 12 $1,560 Specifications 4 16 8 28 $2,840 Respond to Comments -50% & 75% Submittals 4 24 20 48 $5,040 Assemble Bid Package 1 8 4 4 17 $1,630 Meetings (4) 12 12 24 $3,120 Coord w/ City & DVD 4 16 4 24 $2,600 DVD Design $19,500 $68,830 Task 3 - Construction Engineering Assistance Pre - Construction Meeting (1) 3 3 6 $780 Field Meetings (3) 3 9 12 $1,440 Site Visits (4) 4 8 12 $1,480 Respond to RFIs 6 12 18 $2,220 Field Walk for Punch List 4 4 $440 As -Built Plans 1 4 8 13 $1,310 DVD Design $4,500 $12,170 Subtotal $82,530 Other Direct Costs $3,000 Total Cost $85,530 Exclusions Field Survey, Monumentation, Corner Records, Construction Survey Utility Modification/Relocation Design Non- Standard Retaining Wall Design Drainage Study & Report Traffic Study- Volumes and One -Way Streets Geotechnical Investigation I Study WQMPI SWPPP Erosion Control Plans Signal Modification Plans EXHIBIT B AcoRo° CERTIFICATE OF'L4ABILITY INSURANCE Dd1e'mm " °'ri' 10/30/2008 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Complete Insurance, Inc. 19000 MacArthur Blvd. PH Floor Irvine CA 92612 THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER Travelers Indemnity Co of CT (949) 263 -0606 www.Completeinsurance.com INSURER Travelers Property Casualty Co. of America Insured INSURER Civil Works Engineers, Inc. INSURER 3151 Airway Avenue, Ste. S -2 Costa Mesa CA 92626 INSURER E MkIRAGM THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS A GENERAL LABILITY COMMERCIAL GENERAL LIAR CLAIMS MADE OCCUR zr_Primary/NonCon 68088821-704 Scheduled Al Endt #CGD3820906 3/15/2008 3/15/2009 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) _ $ 300.000 MED EXP (An ... arson/ $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 VI Waiver Subro GENERAL AGGREGATE $ 2,000,000 GEN'L AGG LIMrr APPLIES PER PRODUCTSCOMP(OP AGG $ It PDOCY ROIECT LOC A AUTOMOBILE LIABILITY ANYAuyo 68088821-704 3/15/2008 3/15/2009 COMBINED SINGLE LIMIT $ Included GL BODILY INJURY (Per Ferman) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident/ S PROPERTY DAMAGE - (Per accident) S GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO $ B EXCESS LIABILITY VJOCCUR F-1 CLAIMS MADE CUP8649Y557 3/15/2008 3/15/2009 EACH OCCURRENCE $ 1 000 ,000 AGGREGATE $ 1,000,000 S S DEDUCTIBLE S RETENTION $ A MOPLOYERS'OLIABILITY TION & UB5663Y964 3/15/2008 3/1512009 STATUTORY OMIT THER VTR' - EL EACH ACCIDENT S 1 O,00 OOO EL DISEASE - EA EMPLOYEE $ 11,000,000 EL DISEASE - POLICY LIMIT $ DEShIPTION OF PERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate Holder is Additional Insured as respects General Liability but only if required by written agreement with Named Insured prior to an Occurrence per coverage form #CGD3820906. Work Comp Waiver of Subro Endt form #WC990376 included for all persons or organization that are parties to a Contract that requires this agreement, pprovided the contract was executed pprior to the loss. Coverage subject to all policy terms and conditions. Gen Liab incl Severability of Interest & Contractual Liab per limitations in Liab coverage form #CG00011001. CERTIFICATE HOL4ER River Ave. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach its elected or appointed officers, officials, and employees, Attn.: Shauna Oyler 3300 Newport Blvd. Newport Beach CA 92658 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I?NIAM7ANt MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,tf(xX%4ft fKdt�t11ffiYAls2f�(dfoX ffit66XA4MN1c9 xdtxXK #X�SNtSXKi✓dNoHi�t4Yt4#XtSt A�iWtitX ffiSttltSx 1O Days for Non - Payment or Premium AUTHORIZED REPRESENTATIVE . �g�/Ie3� Alicia K. Igram _ �y J�-EE �a�LG7y1 Teresa Brassy 30/30/2008 5:19:37 PH 0 POLICY NUMBER: 68088821-704 Civil Works Engineers, Inc. 0 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 10/30/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSONS) OR ORGANIZATION(S): City of Newport BBeach its elected or appointed officers, officials, and employees, PROJECTILOCATION OF COVERED OPERATIONS: 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury', "property damage" or "personal injury'; and b. If the injury or damage arises out of the performance, by you or your subcontractor, of "your work" on or for the project, or at the location, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to their independent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. CG D3 82 09 08 ter . 1 19:31 Pm 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services". b. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in a .,contract or agreement requiring insurance' for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright, Insurance Services Office, Inc., 2001 0 However, if you specifically agree in a "contract or agreement requiring insurance' that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or "property damage' for which coverage is sought occurs; and (2) The "personal injury' for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury', "property damage" or "personal injury' arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on CG D3 82 09 08 Se :e.. 9msey 30 /30no0e 6:19:31 Pn your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury' or "property damage' occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; It. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. All other terms of your policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1988 11 Civil Works Engineers, Inc. TRAVELERS • 10130/2008 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: U85663Y964 WAIVER OF RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: Tereea Broaey 10/10/2000 5:19:37 PM JOB DESCRIPTION n �J F-1 AcoRO° -- CERTIFICATE OF:LIABILITY INSURANCE .... Date (mmledryy) 101302008 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Complete Insurance, Inc. 19000 MacArthur Blvd. PH Floor Irvine CA 92612 THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER St. Paul Fire & Marine Ins. Co. c/o Travelers, MD (949) 263 -0606 www.Completelnsurance.com INSURER Insured INSURER Civil Works Engineers, Inc. INSURER 3151 Airway Avenue, Ste. S -2 Costa Mesa CA 92626 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE MMI DATE EXPIRATION DATE LIMITS GENERAL LIABILITY EACH OCCURRENCE S FIRE DAMAGE (Any ore lire) S COMMERCIAL GENERAL UAB CLAIMS MADE nOCCLIR MED EXP (An one person) S PERSONAL 8 ADV INJURY S GENERAL AGGREGATE E GEN'L AGG LIMIT APPLIES PER PRODUCTS-COMPIOP AOG $ E POLICY ROJECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT E BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS Per PIX.o.) E BODILY INJURY HIRED AUTOS NON -OWNED AUTOS IN, aocidst) E PROPERTY DAMAGE ft, .c Iden0 S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY AGG EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S $ S DEDUCTIBLE S RETENTION E WORKERS' COMPENSATION & ISTATUTORY LIMIT I iDTHER- EL EACH ACCIDENT $ EMPLOYERS* LIABILITY EL DISEASE - EA EMPLOYEE $ EL DISEASE POLICY LIMIT $ A Professional QP03808270 3/15/2008 3 15 2009 2,000,000 Per Claim Liability $4,000,000 Aggregate DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENOORSEMENTISPECIAI PROVISION 30 Day Notice Endt. perform #PL74050599 $1f�CCAF' NS3l t7ER —_ CANCELLATION River Ave. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach its elected or appointed officers, officials, and employees Attn.: Shauna Oyler 3300 Newport Blvd. Newport Beach CA 92656 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. SENTATIVES. 10 Daysfor Non-Payment of PPmmium AUTHORISED REPRESENTATIVE Alicia K. Igram ' s4 _„ —n - - R. Texesa Broaey 10/30/2000 5:21:39 PM 0 St. Paul ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY St. Paul Fire & Marine Insurance Company NAMED INSURED: Civil Works Engineers, Inc. POLICY NUMBER: QP03808270 POLICY PERIOD: 3/15/2008 tO 3/15/2009 NOTICE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY POLICY 10/30/2008 It is agreed that this policy will not be cancelled by the Company until 30 days prior written notice is given to City of Newport Beach its elected or appointed officers, officials, and employees Attn.: Shauna Oyler 3300 Newport Blvd. Newport Beach CA 92658 All other provisions of this policy remain unchanged. PL 74 05 (Ed. 05 99) T-- .-ey 30/30/2008 5 21 39 P. Printed in USA Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/31/08 Dept./Contact Received From: Shauna Oyler Date Completed: 10/31/08 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: . Civil Works Engineers, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Company of CT A. B. AM BEST RATING (A: VII or greater): A +XV B. C. ADMITTED Company (Must be California Admitted): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M Each Occ/$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No What is limits provided? include): Is it included? E. F. ADDITIONAL INSURED WORDING TO INCLUDE (The ❑ Yes ®No officers, officials, employees and volunteers): Is it included? City its officers, officials, employees and volunteers): Is it F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ® Yes ❑ No Is it included? N/A ❑ Yes included): Is it included? G. H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ® No notification of cancellation by certified mail; per Lauren Farley, the City will accept the insured is not limited solely by their negligence) Does endeavor wording. endorsement include "solely by negligence" wording? I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A: VII or greater) A+XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): $100,000 What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ❑ Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 ®UT161V:1:I:9X4161 IT, IaA IW—l9[1s7 Iq I A. INSURANCE COMPANY: Travelers Indemnity Company of CT AM BEST RATING (A: VII or greater): A+XV LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Additional insured endot ent does not include "Volunteers" 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. a September 23, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 -644 -3311 or pareiniega@c7ity.newport-beach.ca.us city.newport- beach.ca.us rf SUBJECT: River Avenue Pedestrian Coastal Access Improvements - Approval of Professional Services Agreement with Civil Works Engineers for Design Services Recommendation: Approve a Professional Services Agreement with Civil Works Engineers, of Costa Mesa, CA, for design of final construction plans for River Avenue at a not to exceed price of $85,530.00 and authorize the Mayor and City Clerk to execute the Agreement. Discussion: The City has been working with Civil Works Engineers and neighboring residents for the past eight months on a conceptual plan for pedestrian and traffic improvements to River Avenue. City Staff and consultants have met with the Lido Sands Homeowners Association on July 16, 2008 and the West Newport Community on August 7, 2008 to discuss the project details and to present the conceptual plan for community review and input. Civil Works Engineers has worked well with staff, consultants and the community on the development of the conceetual plans. Staff is recommending continuing with Civil Works for preparation of the final construction plans for this project. The City has requested a proposal from Civil Works Engineers for the remaining work required to complete construction plans, estimate and specifications that can be competitively bid by Public Works and scheduled for construction in Spring 2009. The proposal from Civil Works will include a set of final landscaping plans for the new street parkway that will be designed by David Volz Design, a sub - consultant to Civil Works. The proposed not to exceed professional engineering services fee is $85,530.00. The scope of Civil Works Engineers professional services will include: • Coordinate with Bush & Associates Inc. for updated Survey & Base Map River Avenue Pedestrian Coastal Acoess — A& of PSA with Civil Works Engineers September 23, 2008 Page 2 • Final Engineering — Preparation of Construction Documents • Landscape Irrigation and Planting plans • Construction Engineering Assistance Environmental Review: Engineering design services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: There are sufficient funds available in the following account for the project: Account Description General Fund Prepared by: Patrick Arciniega, P.E. Senior Civil Engineer Attachment: Professional Services Location Map Account Number 7028- C3002004 Total I.., -:: -1 L... Amount $ 85,530.00 $ 85,530.00 LOCATION MAP RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS C -3628 T 0 PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS FOR RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS C -3628 THIS AGREEMENT is made and entered into as of this _ day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and CIVIL WORKS ENGINEERS a California Corporation whose address is 3151 Airway Avenue, Suite S -2, Costa Mesa California, 92626 ("Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to construct a new sidewalk and curbed landscape bulb -outs along River Avenue to facilitate pedestrian accessibility. C. City desires to engage Consultant to prepare plans and specifications for the River Avenue Pedestrian Coastal Access Improvements. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members] of Consultant for purposes of Project, shall be Marie Marston, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30 day of September, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall revieW..;all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty -Five Thousand Five Hundred Thirty Dollars and no/100 ($85,530.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be 9 • • limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" mears any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated MARIE MARSTON, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. PATRICK ARCINIEGA shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 0 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. EI • 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. r 0 0 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City s Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. L Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all N. 0 Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of two million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 7 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as P. 0 otherwise required. by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project: Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version C. 0 of AutoCAD used by CITY in ".dwg° file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant in 0 0 shalt have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: • • Attn: Patrick Arciniega Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3347 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Marie Marston, P.E. Company Civil Works Engineers 3151 Airway Avenue, Suite S -2 City, State Zip Costa Mesa, CA 92626 Phone: 714.966.9060 Fax: 714.966.9085 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 19 • 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement a and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 11 0 0 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATVED AS TO FORM: ia.ti_ City Attorney for the City of Newport Beach ATTEST: in LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation In Mayor for the City of Newport Beach CONSULTANT: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 0 yi:u:1rre� Civil Works Engineers August 18, 2008 Patrick Arciniega Senior Civil Engineer City of Newport Beach 3333 Newport Blvd. Newport Beach, CA 92658 Subject: River Avenue — Balboa Boulevard to Street End (-56th Street) Street Narrowing, New Sidewalks & Bulbouts Dear Patrick: Thank you for the opportunity to continue working on the River Avenue Improvement Project. We understand the City would like to proceed with final design for imtrovements to River Avenue from Balboa Boulevard to the street's end and to 48th, 49th, 50"', 52n4, and 53 streets from River Avenue to Neptune Avenue. The following outlines our understanding of the project, our scope of work, and fee. A. Detailed Description of the Services to be Provided The City would like to construct new sidewalk and curbed landscaped bulb -outs by narrowing River Avenue. The existing curb to curb width on River Avenue is 40' and the existing right of way line to right of way line is 60'. The proposed street width would generally consist of the existing 20' half street for the north half and one -13' lane on the south half. The curb along the south side of the street would be moved toward the centerline by approximately 7'. Two 8' parking bays are proposed on the south side on either side of 49th Street. Generally, a 6' sidewalk with landscaped parkways of 5' and 6' on each side of the sidewalk would be developed adjacent to the south curb. The curb along the north side of the street is proposed to remain as existing, except at 49th Street where a bulb -out would be constructed. The curb -to- curb street width on F%ver Avenue at 49th Street would be 25'. The existing stop sign at this locafion will be maintained. As part of the project, the City would like to initiate one -wa movement for several of the numbered streets, excepting 47t" which is already one -way. Both 51 and 54th would remain as is with two -way traffic. The other streets, 48°i. 49" , 50', 52nd, and 53d would be revised to be one -way such that they could be narrowed by 2' allowing a 5' sidewalk instead of the existing 3' sidewalk. The streets which traffic flows toward River Avenue would be 47th Street, 49"' Street, and 53` Street. The streets which traffic flows toward Neptune Avenue would be 48th Street, 50th Street, and 52nd Street. At the southeast end of River Avenue, there are several properties which have private improvements within the public right of way. The City intends to utilize their right of way and as such, these private improvements would need to be modified to fit within private property. Scope of Work: We propose to perform the work in three tasks as follows. 3151 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 0 • Task 1 Coordinate with Bush Surveys for updated Survey & Base Map Task 2 Final Engineering - Preparation of Construction Documents Task 3 Construction Engineering Assistance Civil Works Engineers shall complete the following tasks: Task 1— Coordinate with Bush Surveys for Updated Survey & Base Map Bush prepared the original survey under separate contract with the City. Some additional work is required from the surveyor in order to complete the final engineering. First, the point file needs to include an electronic description of each of the points. During preliminary engineering, we received a hard -copy file for point descriptions. From discussion with the City, we understand the surveyor will complete the addition of electronic file descriptions for our use. Also, we need detailed existing survey information for each of the private properties which are currently encroaching upon City right -of -way. Our construction drawings will require precise and detailed information for this area. Lastly, we need all of the surface utility features located. This includes valve covers, manholes, meter boxes, etc. Task 2 — Final Engineering — Preparation of Construction Documents The City - approved conceptual engineering layout will be used as the basis for final design and the preparation of plans, specifications, and construction quantifies. The plans as presented at the public meeting on August 7, 2008 at the Lido Sands club area are understood to be the approved concept drawings. it is anticipated our construction plan set will include the following sheets: • Title • Typical Cross Sections • Layout & Profiles • Off -Site Improvements & Details • Construction Details • Signing & Striping • Traffic Handling / Staging • Irrigation Plan & Details • Planting Plan & Details The City has requested the landscape and planting plans to be a part of our contract. As such, David Volz Design is a part of our team for this work. Landscape and planting plans will be prepared for the parkways for the south side of River Avenue from Balboa Avenue on the east and JoAnne Way on the west. The work will include the north side for the bulb -out area at 49"' Street and the section from Lido Sands Drive to Balboa Avenue. It is assumed that modifications to existing utility facilities will be limited to adjustment to grade of boxes, manholes, etc. We have also assumed that an erosion control plan and /or WQMP is not necessary. A drainage study and report is not included as we do not anticipate the drainage Flows being significantly affected with the proposed project. We will coordinate with the utility companies for modifications necessary to their facilities. We will work the utility company to coordinate any necessary work on their part. Minor grade issues of adjusting boxes or manhoies to grade may be included in our plans. We do not anticipate preparation of plans for revisions to the existing utilities. We will coordinate with the City and DVD and attend up to four meetings during this task. A construction quantity cost estimate and specifications will also be prepared. We will respond to City comments and expect a maximum of three submittals (50 %, 75 %, and final). 3151 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 0 Task 3 — Construction Engineering Assistance Civil Works Engineers will provide support during construction to clarify questions, respond to RFls, review shop drawings, attend 4 field meetings, perform 4 site visits, review the final construction to create a punchlist, and create final as -built plans. B. Personnel The following personnel will be assigned to this project in the positions indicated Marie Marston, P.E. David Grantham, P.E. Francois Zugmeyer, P.E. Jeremy Schneider Happi Loeb David Volz Jay Brown C. Hours & Fee Estimate Principal -In- Charge / Project Manager Project Engineer Support Engineer CADD Designer Administration Landscape Architect Landscape Architect See the attached estimate of labor hours by task and subtask. Our fee to complete the above work is Task 1 — Coord with Bush Surveys $ 1,530 Task 2 — Final Engineering — Cosst Docs $88,830 Task 3 — Construction Engr. Assistance $12,170 Other Direct Costs $ 3,000 TOTAL FEE $85,530 Exclusions The following items will not be included in our scope of work: Field Survey Utility Modification / Relocation Design Geotechnical Investigation Study Drainage Study and Report Traffic Study Volumes and One -Way Streets Coastal Commission Coordination and Permit Erosion Control Plans, WQMP, SWPPP Signal Modification Plans If you have any questions please call. We look forward to working with you. Sincerely, Marie Marston, P.E. President 3151 Airway Avenue, Suite 5 -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 0 0 CLIENT: City of Newport Beach Civil Works Engineers, Inc. PROJ: River Avenue - Balboa Boulevard to Street End ( -56th Street) PROJECT LABOR ESTIMATE JOB NO: 311 -03 -08 - Final Engineering DATE: 08/18/08 Class Position/Name A B C D E F G H I J Hours Total A . Principal B Se0fod Piojeot:Maoager. 66 C Project Manager/Senicr Project Engineer O Project Engineer 246 246 $27,060 E Staff Engineer / Senior Designer F Junior :Engineei If/ Designer - 212, - .213 $10,080 G Junior Engineer I / CADD Technician H Administ alive: Support: - .16 16. .$960: '. I Survey Office Work _ J Survey Field Crew. Totals 66 246 212 16 540 $57,000 Task No. Function Description A B C D E F G H I J Hours Total Task 1 - Coordinate with Bush Surveys for Updated Survey & Base Map Coordinate with City's Surveyor - Bush 1 4 5 $590 Add Information to Base Map 2 8 10 $940 $1,530 Task 2 - Final Engineering - Construction Documents Tide Sheet 1 2 4 7 $730 Typical Cross Sections (2 sheets) 1 8 8 17 $1,750 Layout & Profiles (6 sheets) 8 42 84 134 $13,380 Street Construction Detalle (2 sheets) 2 16 24 42 $4,220 Off -Site Construction Details (2 sheets) 2 24 40 66 $6,540 Signing for Conversion to One -Way Streets 1 8 4 13 $1,390 Striping 1 8 4 13 $1,390 Traffic Handling 1 Staging 1 12 12 25 $2,550 Cost Estimate / Bid List 1 4 5 $590 Field Review w/ City 6 6 12 $1,560 Speciflcafions 4 16 8 28 $2,840 Respond to Comments -50%a & 75% Submittals 4 24 20 48 $5,040 Assemble Bid Package 1 8 4 4 17 $1,630 Meetings (4) 12 12 24 $3,120 Coord w/ City & DVD 4 16 4 24 $2,600 DVD Design $19,500 $68,830 Task 3 - Construction Engineering Assistance Pre - Construction Meeting (1) 3 3 6 $780 Field Meetings (3) 3 9 12 $1,440 Site Visits (4) 4 8 12 $1,480 Respond to RFIS 6 12 18 $2,220 Field Walk for Punch List 4 4 $440 As -Built Plans 1 4 8 13 $1,310 DVD Design $4,500 $12,170 Subtotal $82,530 Other Direct Costs $3,000 Total Cost $85,530 Exclusions Field Survey, Monumentation, Comer Records, Construction Survey Utility Modification/Relocation Design Nonstandard Retaining Wall Design Drainage Study & Report Traffic Study - Volumes and One -Way Streets Geotechnical Investigation 1 Study WOMP /SWPPP Erosion Control Plans Signal Modification Plans EXHIBIT B 0 (f -36,28 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS FOR RIVER AVENUE PEDESTRIAN COASTAL ACCESS IMPROVEMENTS THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of V)i/ 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and CIVIL WORKS ENGINEERS, a California Corporation whose address is 3151 Airway Avenue Suite S- 2, Costa Mesa California, 92626 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On November 20, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering services for the River Avenue Pedestrian Coastal Access Improvements C -3628, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31, 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE, including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Twenty Thousand, Seven Hundred Thirty Dollars and nol100 ($20,730.00) without prior written authorization from City. 0 0 3. The term of the AGREEMENT shall be extended to December 31, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By: yn u amp Assistant City Akorney for the City of Newport Beach ATTEST: By: AL '0 Leilani Brown City Clerk �1 Attachments: Exhibit A - Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation Homer Bludau City Manager for the City of Newport Beach CIVIL WORKS ENGINEERS: By: /" V-4-4- v `- Marie Marston President Marie Marston Treasurer 0 0 EXHIBIT A Civil works Engineers April 8, 2009 Patrick Arciniega Senior Civil Engineer City of Newport Beach 3333 Newport Blvd. Newport Beach, CA 92658 Subject: River Avenue - Balboa Boulevard to Street End (--5e Street) Street Narrowing, New Sidewalks & Bulbouts Extra Work Request Dear Patrick: As you are aware, we are diligently working on the construction documents for the River Avenue project. As we progress, we realize the project is considerably more complicated than originally believed and that the preliminary engineering effort had not explored the complete design concept. Due to the complexity, we are realizing greater project costs than originally estimated and as such would like to request the City consider a budget amendment to cover these additional costs. The additional amount we are requesting is $20,730. Some of the additional detail we have performed includes: - analysis of street reconstruction versus maintaining existing profile with pavement overlay and curb replacement - street profile analysis for drainage considerations and offsite driveway impacts (River and numbered streets) - analysis of drainage at proposed bulb -out location - analysis of fire truck access on numbered streets - preparation of 10 layout and profile sheets compared to the 6 which were estimated - preparation of 9 street construction detail sheets compared to the 2 which were estimated - preparation of 11 off-site construction sheets compared to the 2 which were estimated (subsequently it was decided to prepare these as 11 x17 exhibits for inclusion in the specifications rather than plan sheets) - additional survey coordination / data compilation - additional field reviews If you would like to discuss this, please call. We appreciate your consideration of the budget amendment request. Sincerely, /trio- /ww� Marie Marston, P.E. President 31 51 Airway Avenue, Suite S -2 Costa Mesa . CA . 92626 T 714.966.9060 F 714.966.9085 PROI: River Avenue - Balboa BoJaveNbSkaet ErM( -56th Shaer) JOB HO: 31142A8 - Final Eagini a Ing PROJECT LABOR ESTIMATE PROJECTLASCRAMENDMENT Addltfonal Re,,.J -L 9 I - Coordinate with Bush Surveys for Updated Sumay & Base Map Task 1 - Coordinate with Bush Surveys for Updated Be., & Base Map Coord note with Oys Surveyor - Bush 1 4 5 $590 Coordn0b with City's Surveyor - Bush 2 Add lnlmmatbn to Bas. Map 2 8 10 $940 Add Information to Bass Mep 8 $1.530 Task 2- Final Engineering - Construction Documents 2- Final Engineering- Construction DooumerRs Analysis - Pr le, Drainge, R. Truck Access 4 12 12 Till. Sheol 1 2 4 7 $730 TIM Sheet Typical Coosa Sections (2 stands) 1 8 8 17 $1,750 Typiool Cass Sections (2 sheets) Layout & protil.s(6 sheets) 8 42 84 134 $13,380 Layout& ProBles(10 sheets) 4 8 11 Street Construct. Cebds(2 shoals) 2 18 24 42 $4,220 Street Construction Details (9 cheats) 6 18 56 Off-5a. Construction Details (2 shoots) 2 24 40 66 $6,540 Off-Site Construction Deblls (11 shoots) 6 16 40 Signng for C..,son 1. one -Way Sheets 1 5 4 13 $1,390 Signing for Conversion to One -Way Simon, Sldpin9 1 B 4 13 $1,391) Striping TmMCHant1h.91 .sing 1 12 12 25 $2,551) Traffic Handling /Slating Cool Paiimalo /Did Ust 1 4 5 $590 Coss Fxlnleie /Bld Um Rant Revew .1 QV 6 6 12 $1,560 Field Review wl City 4 Specifications 4 16 8 28 S2.840 Specificeticre Respond b COmmonis -50 %& 75% Submittals 4 24 20 43 $5.040 Respond to Commcnts50 % &75 %Submittals Acsamble Bid Peckege 1 8 4 4 17 $1,630 Assemble Bid Package Meetings (4) 12 12 24 $ 3121) Meetinga (4) Cooed w/ City &WD 4 16 4 24 $2.61DO Cooed w /City &DVD DVO Design $19,500 DVD Design 475 68,630 3 - Construction Engineering Assistance Task 3 - Construction Engineering Assistance Pro- Candruiat nMeet,(1) 3 3 6 $780 Pm- Construcdon Mesting(1) Flom Meetings (3) 3 9 12 $1,440 Flats Meetings (3) Site Vlans (4) 4 8 12 S1-d80 Site V1sos (4) Respond b RRa 6 12 18 $2220 Rapondto RRe Field Welk for Punch Lot 4 4 $440 Reld Walk for Punch Ust Ao -Bufit %arts 1 4 8 13 $1,310 As -Built Flees DVO Design $4,500 DVD Design SuMdal $82,530 Omar Direct casts 53,000 Total Cost $ 85,530 Frew Sune . Monvrnenbecn, cerns Rarords, Construction Survey Ullib Mod floaflonRietooe6on Design NonSMndard Retaining Wall Design Drainage Study & Report Trafio Study - Vdumes and One -Way Stn »b Geotachnlml Imastigoeon / Study WOMP /SWPPP Erosion Gentrd Plana 3gnal Modfi.Wn Plane 2 $220 8 $720 $940 28 $3,000 23 $2.470 78 $7,700 62 S6,260 4 $360 Subtdal $20,730 Other Dlrwd Cents Total Cast $20,730 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:30 AM on the 7th day of July 2009, at. which time such bids shall be opened and read for COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK Title of Project Contract No. 3628 $1,100,000.00 Engineer's Estimate by (phen G. Badum is Works Director Prospective bid4rs may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further infortnation, call Patrick Arciniega, Project Manager at (949) 644- 3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http:/Awm.city.newr)ort-beach.ca.us CLICK: e- onlineservices/e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 TABLE OF CONTENTS NOTICEINVITING 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 ................................. ............................... ............................SPA 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON- COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the word: "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 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 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. Contractor's License No. & Classification n01-94-r� si-ATr Gb^-,)ST2ycn-o2S, IOC Bidd Authorized Signaturefritle Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and administrators, agree to be jointly and severally held ant Newport Beach, a charter city, in the principal sum of Dollars ($ of Newport Beach if the bid proposal of the undersi COASTAL ACCESS & PEDESTRIAN CIRCULATION assigns, executors, heirs dy bound to the City of ae paid and forfeited to the City Principal for the construction of OVEMENTS - RIVER AVENUE SIDEWALK, Contract No. 3625 in the City of Newport each, is accepted by the City Council of the City of Newport Beach and the propose ct is awarded to the Principal, and the Principal fails to execute the Contract Document in the form(s) prescribed, including the required bonds, and original insurance certificates nd endorsements for the construction of the project within thirty (30) calendar days after the ate of the mailing of "Notification of Award ", otherwise this obligation shall become null and old. If the undersigned Principal e it is agreed that the death of any obligations under this Bond. h Witness our hands this Name of Contractor Address of Surety Telephone 6 this Bond is executing this Bond as an individual, Principal shall not exonerate the Surety from its of 2009. Authorized Signature/Title Authorized Agent Signature Print Name and Title acknowledgment of Principal & Surety must be attached) 5 Bond No. GOLST -101 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT HQ 3628 r {, - tr'! We, the undersigned Principal and Surety, our successors and assigns, executor, hews and administrators, agree to be job* and severally held and firmly bound to the qty of Newport Beach, a Chatter city, In the principal sum of 'tgn Percent Of The Total Amount Bid Dollars (S. 107, of Bid ), to be paid and forfelted to the My of Newport Beach If the hid proposal of the undersigned Principal for the construction of COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENM SIDEWALK, Contract No. 36281n the City of Newport Beach, Is accepted by the City 0bur " of the qty of Newport Beach and the Proposed contract Js awarded to the Principal, edict the Principal fails to execute the Contract Documents In the fotm(s) prescribed, kwobv the required bonds, and original Insurance cerfificatea and endorsements for the construo" bf the project within thirty (30) calendar days after the date of the mailing of 'Notification, of Arward°, otherwise this obligation shall become Full and void_ if the undersigned Principal executing this Bond Is executing this Bond as an indhidtrel, Ii is agreed that the death of any such Principal shag not exonerate the Surety from its obligations under this Bond. Witness our hands this 6th day of Golden State Constructors Name of Contractor ( Princpal) North American Specialty Insurance Company Name of surety 701 S. Parker Street, 113800 Orange, CA 92868 Address of Surety _(714) 550 -7799 Telephone Randy Spohn /Attorney -In -Fact Print Name and Title (Notary acknowtedgmont of Principal & Surely mu3t be attached) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY Ce1 ,I�1 7T1I'Zti'f d Z97 jI3-Ky6T: UMV KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshim, and Washington International insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby makcq constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bob is or other writings obligatory in the mature of a bond on behalf of each of raid Companies, as surety, on contracts of suretyship as are or may be requved or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or comma or suretyship executed under this authority shall exceed the amount of. TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Drectan of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of Much, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, my Vice President, any Assistant Via President, the Secretary or any Assistant Secretary be, and such or any of than hereby is aufborind to mccuto a Power of Attorney qualifying the attorney tamed in the given Power of Attorny to esacuto on behalf of the Company bonds, undertakings and all contracts of surety, and flat each or soy of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FARTHER RESOLVED, that the Signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate misting thereto by facsimile, and any such Power of Attorney or certificate homing such facsimile signatures or thosimile seal shall be binding upon do Company when so affixed and in the firtum with regard regarrrd ttt000 jmy bond, undertaking or contract of surety to which aitMt iss^uanadmd," OF0011 I rage P.AtlerA cW 6vvlw OIDm 4W aft ebrsnf rmnv�C�rq BY O DMaMlgn,�,aeaio, Vke dWrN,ah�bh�wYd lmnm Cvp,ey • Vora Rnlrsh dxxtCAVesapslaq 1"eer„r, C�epyr IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Inraational lesurance Company hive caused their official seats to be hereunto affixed, and these presents to be signed by their authoristd officers ibis 30th day of September .202—. North Atcerfan Specialty tasarance Company Wniblagtan International Laurance Company State of Illinois County of Du Page BE On t is 70th day of September . 20 o8 • before me, a Notary Public parsonally appeared Steven P. Andersen , Presida rt mid CEO of Washington Imemational Insurance Company and Senior Vice President a(North American Specialty Insurance Company and David M. Layman, Senior Via President of Washington International btturactm Company and Vice President of North American Spatiality Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney m officers of and acknowledged said instrument to be the volmmary as and deed of their remmilva cnmrames. D. �A rtbtt4saaDarm" Donna D. Sklens, Notary Public lkeafhiw &gtava 1gA'i4mi 1, lames A. Cmperder , the duly electcd Assistant Secretary of North American Specialty insurance Campany and Washington International Inmrmcc Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Imursatm Company and Washington International insurance Company, which is tilt in full force and affect IN WITNESS WHMMOF, I bane set my hand and affixed the seals of the Companies this 8th day of July . 2009 Iss"eaC+m^^'a, vie Ndehna ADlrmataearwy afwaaieam asm +.nevaIvnera Cm a trice mm�wsoreu,ay Ime.ewcoever CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 6, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIKA GUIDO ` NOTARY Co" gLICCBA37311NlA� WITNESS my hand and official seal. ORANGE COUNTY MY Comm, expires May 5, 2013 r V �l�llc-r�llll�� Signature of 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 ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California [it: On 7-6-0? before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that hefslieHhey executed the same in hisfhmr 4wir authorized capacity( -ies), and that by his/herkheiF signature(g) on the instrument the person(4 or the entity upon behalf of which the person(&-) acted, executed the instr u sent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r CLAUDIA COCN ! RAN COMM.i'•17221i9 m WITNESS m land and tai s � Pr bft-rA knot OOkKrY hNCam E* Jett 3o.x011 1 91 Signature of Notary Public ( Notary Seep ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tife or des on of attached docmrmt) (Title or du afption of attached document continued) Ntmlber of Pages _ Document Date (Additional infanmsum) CAPACITY CLAWED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Vile) ❑ Partner(s) ❑ Anorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any adoaawl 4p-d comnileted in Caklbrnia mutt coNaHV verbiage amcily as appears above m As rotary section or a sepmum admowledgmera form mwt be p%wrly mrnplafed and mtadud to that dameent. Ties only exeeptlan is if a docionod Is to be recorded outside of Cafifomta ba such in.Mmaoe% my aiternmrve adaevwledgmew verbt ge as any be prated m sseh a dmimeru so long err tike verbiage does not regdre the rotary to do sowdlu g that is dkgoi for a rotary in Caltforrsa 0 a cera&ng the authortaed capacity of dm signer). Please check Nor dacem- 4fd(vfor pow nonufaf wordirg and attach thisform jfregarmed • state end County mfarmsion must be the State and County when the document signals) personalty appeared before the notary public for acknowledgment. • Date of notarization trust be the date that the sfgner(s) personally appeared which must also be the same date the achmwledgment is completed • The notary public must print his m her norm as it appears within his or her cmainission fullowodby a manna and than your title (notary public). • Print the names) of dormant sigaer(s) who personalty appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. WshMhayr is /we) or circling the correct forts. Failure to correctly indicate this mfarmaton may lead to rejection of document recording. • The notary seal irninvaim must be clear amd photographically reproducible. Impression must not coyer text or lines. If seal mpremion smudgea, re -seal if a adfhdent areapennuits, otherwise complete a dEffitremt admo dedgnnem form. • Signature of the notary public must notch the signanrc on file with the office of the county dark. • Additional mfmmatim is not mWirei but could help to ensure this adnawledgmeat is not misused or attached to a dfffawd document. • Indicate title or type of attached document, number of Pallas and date. • Indicate the capacity claimed by the signer. If the clammed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, secretary). • securely ettadh this doaaned to the signed document Best's Rating Center- Company Information for North American Specialty Insur... Page 1 of 2 view Ratings: Financial snrmBID Issuer Credit Samudlen; Advanced Search North American Specialty Insurance Co u, rmmbarnf Rnn mmpanyuniielo 0. N.a�MR 01600 uwcr}60r1 FpN R: 020311010 Address: 650 Elm Street Phone: 601644 -6600 Manchester. NH 03101 -2524 Fax: 603-6446613 Web: www.swissla.mm Best's Ratings Financial Strength Ratings View Definitions Rating; A (Excellent) Afflliatlon Code: g (Group) Financial Sias Category. )CV (52 Billion or greater) Outlook: Stable Action; Downgraded Effective Date: February 27, 2009 oawrwebceees:r mouaom n..de�Ia �w•w mn w.., grinw n Ilgnl+anNmm..l mwr angang aElg¢Iq,ybwlcytppve Issuer Credit Ratings VI Long -Term: ae Outlook: Stable Action: Downgraded Dale: February 27, 2009 * Denotes Under Review Ratings. See rating definitions. Repons and News Visit our NewsRoom for the latest news and press mleases for this company and its A M. Best Group. AMB.Crede Report - lBSaral ee Professional (unabridged) (formerly known as Best's Company Report) - includes Best's Fn: mtionale along vdth comprehensive dnetydcal commentary, detailed business overview and key financial data. Report Revision Date: 0710212009 (represents the latest significant change) Historical Reports are available in AMB Credit Report- Insurance Professional (Unabridged) Archive. 21 Bests Executive summary Reports (Financial Overview). wettable in three versions. these presentation style reports feature balance a oaf key financial performance tests Including profitability. Whimsy and reserve analysis. Data Status: 2009 Best's Statement Fite - PIC. US. Contains data compiled as at 71142009 (Quality Cross Checked) It Single Gpmplaw -five years of financial data specifically on this company. e Comparison - side -by -side financial analysis of mi, company with a peer group of up to live other companies you select. it Composite - evaluate mis company's financials against a Deer group composite Return displays both the average and total composite I group f" AMB Credit Report - Business Professional - provioes three years of key financial data presented with colorful charts and tables Each re !R21- latest Besra Ratings. Rating Rationale and an excerpl from our Business Review commentary. ;- Data Status: Contains data campled as of 71140009(QUa lily Cross Checked) f g� Beef* Key Rating -Guide Presentation Report - Includes Beeps Financial Strength Rating and rmanoaf data as provided in Best's Key Be Data Status: 2007 Financial Data (Quality Cross Checked) . Financial and Analytical Products BiHI _.PropenylCasyany Center - Premium Data & Reports Beers Key Rating Guide - -PIC, l)S & Canada Bests Statement File - PIC. US BesCs S statement Fie - Global Bet's Insurance Reports - PIC US& Cannall a Bear, Slate Une - PiC US Best's twonce Expedite Exhibit (IF FF) -P ,. U5 BesCs Stlredule F (Re'nsmancel c PIC, US Bast's Schedule D_LCOmmon Smckst - uS BD, rs Coroomm,Chp09?s.a d e' elrleRls - PIC, USICN Best's Schedule Moss Reserves) - PIC, Us Best's schedule -D(C nutoftBeadal:4B In lga-te Reports Onppe P[oDOdKI CamltalY Customer SeryICQ I Product 7^upport I Member Gonler I Contact Info I Came About A.M. Beg I Site Map. I Privacy Policy I Security I Tends of Use I Legal A Licensing http: / /www3. ambest.com /rating s /Full Profile.asp ?B I =0&AM B N um= 1866 &AltSrc =... 07/14/2009 ACKNOWLEDGMENT ........ ................... ..................... ....r........... . ..... . .... .... State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory e subscribed to the within instrument and ac same in his /her /their authorized capacity(ie instrument the person(s), or the entity upon instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary to be the person(s) whose name(s) is /are aged to me that he /she /they executed the that by his /her /their signatures(s) on the of which the person(s) acted, executed the nder the laws of the State of California that the (seal) .......................... n..... ............................... a . . . . . . . . . . . . . . . OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President I Vice - President / Secretary I Treasurer Other: Other) i. Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ................................................ ............................... State of California County of 0MA-16o ) ss. On �G —a`? before me, COC4-44---) , Notary Public, personally appeared 07 60C Z4g –.j o t2 SrivrbS ST ca y✓~S kx, who proved to me on the basis of satisfactory evidence to be the person(* whose name('} L%Yara subscribed to the within instrument and acknowledged to me that« executed the same in gow4lie+ authorized capacity(i@$ , and that by hRherttheir signaturesk+on the instrument the person(e)-or the entity upon behalf of which the persoro acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Canuow coc►tR�rl C M. 01722119 MM ORA W ►IpCOmn F7�. Jn J11, X11 (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible W itness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President I Secretary I Treasurer Other: Other CITY OF NEWPORT BEACH Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ................................................ ..............................I State of California County of ss. On before me, Public, personally appeared 76 proved to me on the basis of satisfactory evidence to be the person's) who names) is /are subscribed to the within instrument and acknowledged to me that he /s they executed the same in his /her /their authorized capacity(ies), and that by his /her /th ' signatures(s) on the instrument the person(s), or the entity upon behalf of which the per n(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws the State of California that the foregoing .paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) .............................. ............................................... Date of Document Type or Title of Documlfi Number of Pages in DocuYYYYYY nt Document in a Foreign Type of Satisfactory Personally Kr Paper Identi Credible W r Capacity of Other OPTIONAL INFORMATION with Paper Identification Power jf Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: If, Thumbprint of Signer Check here if no thumbprint or fingerprint is available. IF PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 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 fisted, the Contractor represents that helshe 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 taw and/or the Standard Specifications for Public Works Construction as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractors Information Bid Item Description of Work" %or Number TOW Bid Name: s e CvFy Address: S 7O L in /dQ /�c Ca FF 111A C4 y7 3 691_6 Phone: '7 1y d 6 9i0 - yid U State License Number: Name: 436(,,J Address: o2S70 E w k l" r Sj %rte �� Amp FeAr c 1 / /07 l2, r aZ% / q// Phone: (o2Y 79 �/ &f// �) 4 State License Number. Name: /y) 51 Address: AMINE ;M, C-14 'q206? � ?��° I 77- Phone: W 03 — 3r Q�(?37 2 Z fo State License Number. D z2 A f-,76 Bidder 93 /4� _1 � Authorized Signature/Title PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 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. It a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: A yc/iry SYJF� /6 Address: Pa. A& /ZG6 O A.. ,JA e �q 9Z Js/ Phone: 4;lSl 68Z /09/ State License Number. s-1P 935 Z Name: n Address: 183 w . 644tW6 t, Phone: '% /y 4p,?f -r J-7-0 V /5; State License Number: d f r �/ 7 ( Name:lfopa�✓q Gsj 0_FcfoF Address: (906 J. (Ea. %, / r✓ / Q.��� S / / C4 4 L gas- 3y I _U164 -P d•� Z n� r� Phone:( / /S/_) %Qy 0 7//g State License Number. V%2 p6z- �OC,9�±.1 Silxa� C�rJSi'rLVcrffltS, in'1C Bidder oat A horized Signaturelritle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name C3,0SMuc)r7p(ZS 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 '9f1-\✓CW*b Gl�M*3c1S Project Description (47? LAR -12- i9 &-X✓Zr61r2 Approximate Construction Dates: From rr 12 ---09 To: 5- Zq—oq Agency Name C �.v^z CC F-tZJ TgYL W12 PA4U< Contact Person VEr -3"i Z �. Telephone (SZQ 30"k- 1325 Original Contract Amount $3G 02.0ZFinal Contract Amount $ 3Co'+01, 20 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. +,J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name GOc.QeJ 51-A-T C50-S M ucfi'DtZS . I+JG 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 9A_W f Ab Dtrt4,3c5- Project Description (L49i' LA L47 19/L, v C,-,JAM Approximate Construction Dates: From 1209 To: S- Agency Name C t- t�rl;`RkT%-y Q_Ad1.6C Contact Person V<�rok I= llgWitoqg7z Telephone (&Y 3DA -1325 Original Contract Amount $ ;1aZ.0ZFinal Contract Amount $ 3610 2, W 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. 4 Project Name /Number 1 r/ "/,, Tn,3 p,ARx c9R a4 Project Description f^osi/acu- �9a.44,0/ iori q'r&� -9 Approximate Construction Dates: From ti-9-'09 To: -09 Agency Name ctGel-v O'r- CA�&'W /V�- Contact Person kuRt\) Telephone (6Z6) Original Contract Amount $ Z36 W4 Final Contract Amount $ 403541 If final amount is different from original, please explain (change orders, extra work, etc.) CMMZ)C'� OrQff2 vxT" won-cc 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 C.yrt/Z (2-"PS Project Description C Q Z14YYw c-T- N e"t-3 c.V n4- (I VI PS Approximate Construction Dates: From — 2 -If -CIR To: 10-10 -08 Agency Name C \"Yv aF +4 . a Contact Person � C-r VOYUtZrLiF Telephone (3 /y) 31 2 -400 -- Original Contract Amount $ 164 123 Final Contract Amount $ W3400 If final amount is different from original, please explain (change orders, extra work, etc.) C (A,04,�7 OV'QOYX_ 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--)t.3' 11 No. 2 Project Name /Number Project Description 'c- C beep, C- Approximate Construction Dates: From 4 -c� -09 To: 5 -1-09 Agency Name C t%A� Or- 4-A 41,4,0nia Contact Person DV(A-'PiK M.)A + ) Telephone (56Z) ROS- q-+,2.p Original Contract Amount $ 49,L d Final Contract Amount $ 5- ZOOO,' If final amount is different from original, please explain (change orders, extra work, etc.) ox-y" WC) 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. IJOr) �5 No. 3 Project Name /Number 13AL- 60 1 0 cL�� crt -&&° p R dY�r at Gr i g��r Project Description fav vklc'�E A-�Qrvret � t:J iYM Approximate Construction Dates: From 3 - -Og To: it�2Z -� Agency Name a lri Contact Person o,J Telephone (141) 610 -3`1l t Original Contract Amount $1211606 Final Contract Amount $ (4 4 000 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. tjoO 'D IM No. 4 Project Name /Number _ _ k4t1/4-` r-) 0A&&< !12a WA<-,. Project Description Approximate Construction Dates: From To: 2-1:4 -09 Agency Name _c tw-2 o-r- Ojvs-w a--o /pt Contact Person i-<w4r } Telephone (6z6) Original Contract Amount $Z36 321 Final Contract Amount $ 4035a -I If final amount is different from original, please explain (change orders, extra work, etc.) W4'04.� OP-QS'a-. CXT^A WOnx< 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. 71 l Project Name /Number CA;rv(5 (Z -W(7$ Project Description Gt0^0 -Yrw -Ir NL4�-5 Wr-6 ("*1(2S Approximate Construction Dates: From ')-'18 -0R To: tO-10 -09 Agency Name G�_44V Ot= Contact Person r t '(LztA< (-r ✓anti Telephone (3 1y) 400} Original Contract Amount $ 163 123 Final Contract Amount $ W'%600 '%600 If final amount is different from original, please explain (change orders, extra work, etc.) � 7 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. 11 G S C I CW1&n Stare conrt wwn, Inc. bus c4,, m. s mwymn md,. 17A -'*"I' T14 -932 -5974 Resume Ronnie Cochran Owner and President of Golden State Constructors Inc. Job Title Field Supervisor Job Description As the owner of the company that will be doing the utility installation, it is my responsibility to see the work is done under the strict standards of safety and at the highest quality that Golden State Constructors demands. Work Experience Have a 17 year knowledge of all phases of construction of the kind we will provide. Worked in public works my whole adult life for cities, state and federal projects. Have journeyman level skills in trenching, shoring, underground utilities (including sewer, water, electrical). Concrete construction, street repair, fire hydrant installation. Services Provided Golden State Constructors typically bids jobs in the Public Works sector. Storm drain installation, ADA compliant curb ramps, underground utilities, sewer repair, major re plumbing projects. No. 6 Project Name /Number _(1e,4Ao3JLATA4-'45) `Nib" 't C0LL �G ss Project Description W0_f3 AA-44 0S Approximate Construction Dates: From tLI-6 -08 To: I0 —I T- 09 Agency Name C't N�D OF 5 fig^ n-o,J Contact Person wic,&_ 4o �i_LJ a -5 Telephone (114 W*ZZ. Original Contract Amount $ 61340 Final Contract Amount $ 6 )- y 9o5 If final amount is different from original, please explain (change orders, extra work, etc.) - L4AA4a4�5" 0A.QO L 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. ow (� 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 Contra rs current financial conditions. S'5r-mc- ca��cort�s /„�c . 11v lz= t2a�lOc�*'� Bidder Authorized Signaturemtle I% CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 NON - COLLUSION AFFIDAVIT Stale of California ) ) ss. County of Qln- , <6 ) t'LA JcJ� e c oO �C Y� , being first duly sworn, deposes and says that orsheis �2as,e7 �r of G044N SfA,916 cD,JbTmuc4-0Rj h1the 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 parry 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 o lifor l th h' oregoing is true and correct. aLq� SoA-% Gpn1Sj Twc�yorLS (.�L, Yt dS 4� T Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this 4rr day of -c1L- J 2009 by i ( n, cou-eZrJ , personally known to me or proved to me on the basis of satisfactory evidence to be the person** Who appeared before me. I certify under PENALTY OF PERJURY under the laws of the lifor ' that the foregoing paragraph is true and correct. CLAUDIA COCHRM COMM. 0172.2119 Notary Public Cc�9ts+ ti70TP4G- PJ4CrC IS coffmUp.imA2ml My Commission Expires: 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of CIIL443 4 6' ) (2.0'331 i �9 . r'3c'14 � being first duly sworn, deposes and says that or -aheis P2as.�oa-DT- of4 01AL)9 Si-Aii LDONDWOrO✓t� athe party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 declare under penalty of perjury of the laws of the State o for th oregoing is true and correct. Gis�� SiA't'i3 (.Dn�St'tw.�roRS 1.�L, rGBSGjr Bidder r Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this t? *day of $'UL -`.D 2009 by tLo.jaltT n, C-coCe.Af , personally known to me or proved to me on the basis of satisfactory evidence to be the person(v'who appeared before me. I certify under PENALTY OF PERJURY under the laws of the lifor that the foregoing paragraph is true and correct. CLAUDIA COCHRAN .. COMM, 01722114 tr a Notary Public CUaA�91A 100TAfil904cf, [SE Coma. E* jea 30, 2011 My Commission Expires: 1 -30 — 1 13 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California r n . 6 f On _- -6 -09 before me, i who proved to me on the basis of satisfactory evidence to be the pefson(s) whose name(e) isAwe subscribed to the within instrument and acknowledged tome that heiehe#hey executed the same in hisiherAheir authorized capacity(ies), and that by hWNeMheiF signablue(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L%CLAU0IA___e`-j txxrs:nN WITNESS and an Icial s COMM. 722119 No(Notary Scal) oTUg,�ottlxrr Mi'Caea. 9r-.1m 3D. 2071 Signature of Notary public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title ce description of attached deahment) (Title or descripuen of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAMED BY THE SIGNER ❑ Individual (a) ❑ Corporate Officer Mile) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ackninletsmad completed in Callibrian mart contain verbiage exactly as trppearr, above m the notary section or a sepmate acdmowledawnt jmmi must be p wp,iy completed and attached to that doeimem. The only excepfton Is If a document it to be recorded outside of Califamra In each mdaturc any alternative aAwwledgmenl verbiage as may be printed on reek a document so long ar she verbiage doer nor require the mnmy to do something that Is dkgd for a nakuy in Cahlondet (te. urtil$ing the authorized cgxwhy of the sow). Pkase check the document ca q(aNyforpenpernomrral Ong and attach ddifomm jf required • state and County adbrmation must be the State and Canty whore the document signer(a) personally appeared before the notary public Ila admowlcdi went. • Date of notarization mist be the date that the signer(s) personally appeared which mils[ also be the same due the admowleQgnaci t is completed • The notary public must prom his m her came as it appears within his m her cenmrission tbilowedbyacormnaendthmyom title (notary public). • Print the name(s) of document signc(s) who personally appear at the time of carnation. • Indicate the corred singulm or pheral forms by aossing off incorrect forms (i.e. tte/shaAMyr is /e•) or circling the co act forms. Failure to correctly indicate Nis infamumon may lead to rejection of document recanting. • The notary seal imieesvon must be clear and photographically reproducible. Impression mast not aver text or lines. If seal impression smudges, re-seal if a suffidan area permits, otherwise complete a diffkrent admawledgment farm. • Signamue of the notary public must match the signature on file with the offim of the county clerk. O Additional inforruion is not required but could help to insure this admawlodgment is not misused m attached to a ditfacm document. • indicate title or type of attached document, number of pages and date. • Indicate the cq=ity claimed by the signer. if the claimed capacity is a corporate office• indicate the title (Le. CEO, CFO, Seadary). • Securely amarh this docuvent m the signed dacummt CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 DESIGNATION OF SURETIES Bidders name Cot o3-J SI-A-TLS ( ,,)SX'wcr0f2 -s 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): (�S � -aqua c,+�q'p Ib33 C 015T', VkQTA APP Stl4l 3`4- s�t1 -4 �N<t+J�oo,� 0/ke c �tG ��IOJ PrwFass�o.�gz NA AL644 i4441 -6283 YI�LrYltc �t t? 156 c."•.� 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name C'C4,3 y+ v� -ro2S� If0rZ. 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. 15 Current Record Record Record Record Record Yearof for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts } 12-- NIA PIN 01A 26 Total dollar Amount of Contracts (in 10,00L 1,000,000 f114 ape z 2 4 ao Thousands of $ ) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to (� another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 4o�c3^� Sf/a co,a�,c.sro2S� /�C, 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. 15 Current Record Record Record Record Record Yearof for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts } 12 tj 14 j IJ !V t,) IA z6 Total dollar Amount of Contracts (in ?10,002. I,0a0,000 �iy aoo z� izy,10 Thousands of $ No. of fatalities ,i- No. of lost Workday Cases sor No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder C.o4-Qev-3 ST -AA,L' GO-Dserw(r0,29. +aC . Business Address: (o (62, CA L1 eeA#41 'T& #I,+3 , 142643 Business Tel. No.: 4-14— 6 -25- 845 State Contractor's License No. and Classification: A- 86:�o6o Title 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 thosA 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. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 ACKNOWLEDGEMENT OF ADDENDA Bidders name 40c4ov�) Sri � <"'3c. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received e7 Si nat e 02 _2 -0 /J 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 ACKNOWLEDGEMENT OF ADDENDA Bidders name 40ctT&v�) Sialrti The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received ignat e 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 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:40q&J kX, Business Telephone and Fax Number: '-14 2:159 �P� IS -625- 82`15LP) California State Contractors License No. and Class: /% 0 (REQUIRED AT TIME OF AWARD) Original Date Issued:_ NOV . OS Expiration Date: 3-31- 201) 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: ( OI'JN'3LIS Q. L0CJ4n -> Yt�1s351�( `r 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: fr.I"M Title Address Telephone �� n} W-4(n Tj giwqyzT 61Q CAAAaaR W641 y4 -V 2 -51 y Corporation organized under the laws of the State of qtr -OWIA 18 4-1 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N0� k�- 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; rr Briefly summarize the parties' claims and defenses; PJD0L� Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. N� 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes IM Are any claims or actions unresolved or outstanding? Yes / & 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: W0)-.) 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; Q00v, Have you ever had a contract terminated by the owner /agency? if so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes IM Are any claims or actions unresolved or outstanding? Yes 1 & 19 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. �,cDK.)J)I_ q, G0C4� (Print name of Owner or President of Cor"attonJ m o y) C D LQ e,,3 S'�ArT9 Cis �S[n �x�rpaS, („�G (/J Bidder Authorized Signature/Title �2.aT�Qc3� T Title a-- 6 -o9 Date On -i--co- ©`Ci before me, COCZt -f J Notary Public, personally appeared (1.0r"Zo t +✓ C.O�^ I , who proved to me on the basis of satisfactory evidence to be the person(*-whose name(a)(Rare subscribed to the within instrument and acknowledged to me that Q964, q executed the same inogl �r authorized capacity(i oo, and that by is signature(sT on the instrument the person(C, or the entity upon behalf of which the person(b) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CLAUDIA COCHRAN cafnr*jvn 2mr (SEAL) Notary Public in and for said State GA_xw9ba C7C4'Lr 9E +PO4Lr-e- My Commission Expires: 1- 30 - 2011 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 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: Prooerty- Casualty. Coverages shall be provided as specked 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. 21 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California � J i ., On L6- - 0? before me, personally appeared PYOUV hrffn who proved to me on the basis of satisfactory evidence to be the person(,&) whose name(&) islnre subscribed to the within instrument and acknowledged to me that hefsha they executed the same in hisAtef4teir authorized capacity(-ies, , and that by hisAwfAhe4r signature(-,) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C Ala)1A COCHpgN 'Alt 01722118 WIT:%,FNPubhc td an se , '' y bb Comm. Eap. tw 3o w (NoterS'scat) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Me or description of attached document) MtI; or description of attached document cent r d) Number of Pages Document Date (Additional infamman) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer Me) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment complened to CaWanea mad contain verbiage weedy as appears above in the noicy tecdon or a sepawae a hk kdgmaw john mass be properly mnFfeted and aaaahed to than dwam ent The only ezeeptran is If a document is to be teowtkd modde of Catljorrea In such manna.; any attenudive ack owledgmem verbiage as may be primed on such a document w long as the verbiage does rot regain the notary to der something that is tlkgal far a rmtmy in C,Winrda (i .e. eesrj;(yleg the audonzed copuany of the starer)• Fkaw check the dac,unarn—fid(yfw piper notarial warring and attach thisfornn if required. • State and Canty information most be the State and County where The document signer(s) personally appeared before the notary public fa adumledgmmmant. • Date of notarization =at be the date Thai the Opals) personally appeared which must also be the same date the a&nowleAgmad is completed. • The no my public must print his or her name as it appears within his or her caamiisdonfollowedbyacummnaandthmyma titic(notarypubiic). • Print the nmae(s) of document signers) who personalty appear at the time of notmizadon. • Indicate the corned singular or phaai forms by crossing off incorrect forms (.e. laaisbtAhFfr is Iwo) ar circling the correct forms. Failure to conectly indicate this information may lead to rejection of dacumet recording. • The notary seal impression =at be clear and photographically reproducible. Impression must not cove tad a lines. If seal hnpresdan sat KISCS, reseal if a sufficisot areapemrits, otherwise complete a diffe crd adaowledgmcnt form. • signature of the nary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this aelmmisdgmeat is not misused a attached to a different document. • Indicate title or type of attached document number of pages and date. O indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer• indicate the tide (ix. CEO, CFO, Secretary). • Securelyattarh this document to the signeddowmmt CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 CONTRACT THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Golden State Constructors, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK The work necessary for the completion of this contract consists of constructing new sidewalk, curb and gutter, access ramps, driveways, street paving, hydrant relocations, streetlight relocations, landscaping and restoration of private property improvements. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3628, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. W C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, Six Thousand, Five Hundred Seventy-Nine and 021100 Dollars ($1,006,579.02). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Patrick Arciniega (949)644-3347 CONTRACTOR Golden State Constructors, Inc. 6162 Galipean Drive Huntington Beach, CA 92647 714 - 625 -8758 714 - 625 -8295 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 99 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. 7. 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. 8. 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. G. 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. 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 active 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. 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 G.3, above. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. 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, I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY APPROVED AS TO Cl A GOLDEN VATE CONSTRUCTORS, INC. CALIF�� /1/01t By: ynett Be an p (Corporate Officer) Assistant Cit� y Title: Print Name: '.r /e err By: I/ (Financial Officer) Title: /lf111vr.o/ Print Name: Gtvai2 Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 ` Bond No.: 2097384 (one of Four Originals) 'I"��' p'ID�IAl.. PREIltt►f�F 19S PREDICATED ON THAI: IFWAL CONTRACT FRlct CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 BOND NO. 2097384 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,957.00 being at the rate of $ 31.25 per thousand for 1st* t of the Contract price. * 100k, $18.75 per thousand for next 400k, $12.50per thousand for balance WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Golden State Constructors,N&v� hereinafter designated as the "Principal ", a contract for construction of COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK, Contract No. 3628 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. 3628 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Specialty insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, Six Thousand, Five Hundred Seventy -Nine and 021100 Dollars ($1,006,579.02) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns. jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 910A As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, Surety above named, on the 30th this instrument has been duly executed by the Principal day of July 2009. Golden State ConstructorsXW. (Principal) Autho.*d Signature/Title North American Specialty Insurance Company Name of Surety 701 S. Parker Street, #3800 Orange, CA 92868 Address of Surety (714) 550 -7799 Telephone Randy Spohn, Attorney -in -Fact Print Name and Title and NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINOTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the Shoe of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and misting under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Nine is, each does hereby make consatma and appoint: RANDY SPORN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and dead, hands or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as am or may be required or permitted by taw, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors ofboth North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vim President, the Secrdary many Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Anomay and to site;& therein the Seel of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Atbmey or to arty certificate relating thereto by facsimile, and any such Power of Attorney or certificate boating such facsimile signatures or faosimik coal shall be binding upon the Company when so affixed and in the ham with regard to nay bond undertaking or contract of surety to which it is attached." 00.k." aa6lra'l(t Pfe11ea1.rNCW AONh1E 5}eealp'hePlnc, CUmP+.Y o.w rN. r+rm•a s,.m. vs. P,rea,.h MwunEge. rm„PmYW m,,,...ec.mwry • Vim P,mfanl tlx.rta A,s,4.e�sl,lq re,xrnu fa.g4 IN WITNESS WRBREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seats to be hereunto affixed and these presents to be signed by their authorized officers this 3' day of September .20M- North American Specialty Incentive Company Washington International insurance Company State of Illinois County of Du Page as: On this 30th day of September . 20 08 before me, a Notary Public personally appeared Steven P. Anderson , Prssidem and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specially Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their rannective comrmrdes. am k nw Donna D. Sklema, Notary Public tay0oaim&lioa �ttwrrmle I, fames A. Cameraer , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set cry hand and affixed the seals of the Companies this 301& day of July , 2009 , vo a,mian a nmimot �ar�y"rwmu.aa Iremm� havvmm cmesr a umn n4w.ve sw<aar rnrvaea f c=w+nr CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 30, 2009 before me, Erika Guido, NOTARY PUBLIC, personalty appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIKA GUIt* COMM. A 1643731 3 WITNESS my hand and official seal. g NOTARY PUBLIC CALIFORNIA c ORANGE COUNTY ro My ceanm. expires M!y 6.2073 Signature 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: _ NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of � p, On "t before me, r7//J,2/,/J'7.1I personally appeared Pwoxm� 5�— c) ,/7.Ylln who proved to me on the basis of satisfactory evidence to be the person(*) whose names) Were subscribed to the within instrument and acknowledged to me that hefshehhey executed the same in hisAwrkheir authorized capacity(iesj and that by hislhephheir signature(s) on the instrument the person(*), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and a char s . Sigosans of Notary public CO1hAN 9CLAUDIA COMM.ii1M118 G1hyconhm,r�..rthao,mi(_� (Notary Still) ADDITIONAL OPTIONAL INFORMATION DESCRIIMON OF THE ATTACHED DOCUMENT (Mew description of amuchd document) Mae or daseiptiam dattachd dommad. cautioned) Number of Pages _ Document Date (Addhonal infommtm) CAPACITY CLAMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (tine) ❑ partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ac%mwiedgmma comploed in Caljjwada mast eadam "?6ugje cAwdy as grsors above or the rotary secdwr or a sepaae aclnowbrogmead faro mast be properly waosted and attached to this dwounew. 79ne arty awilodw Is If a documenn is eo be mcorded *mid& of Qobf nnuz bat sash baaanau, any aderrodyo adaowledgthna werblge as any be prhded on Bach a locoman w long as she verbiage does am regdre the rotary to do xocthiag dad is illegal for a notary in Cadfoarda (era ceH&ag day aathotfzed capacity of the sow). Pfeare check tea mcarfmWforp operrotanindworft and aachdwjbroa fMored • Stott and 0conity mfametion most be the State and Canty where the doenmem signer(s) personally appeared before thenaary public for adaowdetgmcnt. • Date of notarization must be the date that the signer(s) personally appeucd which must also be the same date the admowieclganmt is completed • The notary public must print his a her marm; as it appeal within his or her commimimtbdlmodbyaooaanamdthmyam thle(notarypublic). • print the narn*) of document signet(s) who personally appear at the time of notarmtim. • Indicate the cared sttguir or phnal tams by crossing off intoned loran; (i.e. h✓she/l§ay; -s /era) rat cbclig the correct forms. Failure to correctly indicate this mformaaon may Ind to rejection of document recording. • Ibc Hoary seal impression nwst be clear aid photographically reproducible. fmpicasion roust not cow tend w litres If aced tmpnessim sohhhdges, rat -seal if a sufficient reapemdts, otherwisc oompdele a differtnt adnoarledgmentfarm. • Signature of the notary public must match the signature on *k with the otPm of the county desk. • Additional hnfortnalon is not mquned bid codd help to ensure this admaw odgaeut is not missed ur attached to a different dommcra. • lunbcde talc or type of otadhed doamhan, number of pages and date. 0 lmdicae the capacity dammed by the signer. If the claimed capacity Is a caaporafe officer, indicate the title (Le. CEO. CFO, Secretary). • Securely amach ibis document to to signed document Bond No.: 2097384 (One Of Four Originals) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK CONTRACT NO. 3628 BOND NO. 2097384 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Golden State Constructors, MkY, hereinafter designated as the "Principal," a contract for construction of COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE SIDEWALK, Contract No. 3628 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3628 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Million, Six Thousand, Five Hundred Seventy -Nine and 021100 Dollars ($1,006,579.02) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. W The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligation under this Bond. IN WITNESS WHEREOF, this instrument has Principal and Surety, on the 30th day of Ji Golden State Constructors,= (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker Street, #3800 Orange, CA 92868 Address of Surety (714) 550 -7799 Telephone duly executed by the above named: Randy °Spohn, -Attoxn'e7- yin -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing undo laws of the Slate of New Hampshire, and buying its principal office in the City of Manchester, New Hampshire, and Washington Intenutional Insumnca Company, a corporation organized and existing under the laws of the State of Naw Hampshire and having its principal office in tho City of Itasca, Illinois, each dots hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its Ime and lawful Attorneys )-in -Fact, to make, execute, seal and deliver, for and on its behalf amt as its set and dead, bads or other writings obligatory in the nature of s bond on behalf of each of said Companies, as surety, on commas of suretyahip as are or may be required or permitted by low, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION (525,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Beards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 2d° of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President. my Vice President, any Assistant Vice President, the Secretary or my Assiatml Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the anomay named in the given Power of Attorney to sestets our behalf of the Company bonds, undertakings and all contracts of surety, end that each or any of them hereby is authorized to attest to the execution of my such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, Unit the signature of such officers and the seat of the Company may be affixed to my such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile, signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to my boad, undertaking or contract of surety to which it is auached." v, _ By A27— t%a 6 P. ASava pSmYS yes PreNOal orNUta Amntrm l?y�r%'rmnare Nmyrvy Cw " o..Ia ter.Lyers. ee.k. Vla Pr.aen awmtnprn relenMlanY tames Ca roy p via vreaem ornafl Answer. sr Wen I... CrePgy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemalionl Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 309 day of September , 2009 . North American Specialty Insurance Company Washington international Insurance Company State of Illinois County of Du Pop am On" 30th day of September . 205 before me, a Notary Public personally appeared Stevan P. Anderson , President and CEO of Washington Imumahmal Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Laymen , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the shove Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their rameclive Ixumnnrdea. A an.Pla eel Donna D. Sklens. Notary Public CammWioa sa�rue ttWNlell I, James A. Cementer , the duly elected Amiatam Secretary of North American Specialty Insurance Company and Washington Internafienal insurance Company, do hereby certify that the abort and fiem oing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington international Insurance Company, which is still in full force and effect IN WTfNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of July , 2009 . Jsma0.CnrymW, Via Rearennp AmiaouaoweryafwmNvpm IrlonWbvN lau,mw CmgmyG Noll Anrwlrn Spmirb aeisnmo Caorpny CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 30, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of @ERIKA GUIQQ California that the foregoing paragraph is true and correct. GOMM. # 1843731 �OTARY 0 MSE'COUNTYRNIA Ip WITNESS my hand and official seal. ' My com: expires May 5, 2013 n 9 /il% / N,,,, /, 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED _ ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: _ NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of gip, On '9— l-0q before me, 9.— personally appeared P 'owm,P C'QdZM who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) ishwe subscribed to the within instrument and aelmowledged to me that he/shefthey executed the same in hisfher*teirauthorized capacities), and that by his/her#heiir signaiure(s) on the instrument the person(s), or the entity upon behalf of which the person(w) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ctnunw cocrlRnro WITNESS hand c e = COMM. Y1722119 v� aratiaetvokay�"w CwamE .Jan 30, 20/1 Signmme of Notary Public (Notary ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title m description of ausched doaimem) Mile or description of attached docwmd continued) Number of Pages Document Date (Additional mf- inalion) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ COIPmate Officer (Me) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Tnmt*s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM My completed in Cdjfwrda man contain rerbigge amctly err tgpears adore in the notary .melon ar a separate achrowledgment form mart be p Ve* aongdeted and anadead to dent docionest The ady awgWm v tf a docaereof is to be recorded ontnde of Cal+;Panda. In smh mdmwes, any dwisadve oclmmdedgmad verblggs as miry be printed on etch a docwman .m lag caw the ver&W does nor regidw the =tiny to do mmedung that is illegal for a notary in Catifonda (La aerq$2M dm mdhottud cgo*y of the . Please creak the docamd cmgjnUyfrnprgrr maatd wordrg and attach thieforna ifregtered. • Stare and Comity uflormation must be the State and Caney where the document signa(s) personally appeared before the notary public for adanowleilsmeat. • Date of notarization most be the date that the sjgrer(s) personally appeared which must also be the same date the selmowkdgmem is completed. • The notary public must prim his or her more as it appears within his or her caindssionfullmedbyacomousandthmyom tide (notary public). • Print the mme(s) of dommem sigua(s) who pasmidly appear at the time of nomrintion. • Indicate the cared singular or plun d Jams by crossing off incorrect Jonas (i.e. kolsheRhyr rs ier) or circling ate cared forms. Failure to correctly indicate this information may lead to miedim of document recording. • The aotay scat hi4m on most be der and photographically reproducible. Impression must not cover text or lines If seal mnp>ession smudges, mseal it a sufficient aeapermits. otherwise cmWkte a differrnt acknowledgment form. • Signaboe of the notary public moat match the sigamme on file with the office of the county deck • Addtionml infarnnatim is not rtWired but could help to rime ads ulmowledgment ismot misused or coached to a difftre nt dommom. • Indicate title or type ofattached document, number of pages and date. • indicate the capacity claimed by the signer. If the claimed capacity is a coporme offices, indicne the title (i.e. CEO. CFO, secretary). • securely a tach this document to the signed document DATE IMMIDD ACORD CERTIFICATE OF LIABILITY INSURANCE LD S GOLDEN 08/13/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO LNSR D0• -. -- ------ _ -_ -_ -- LTft NSR TYPEOFINSURANCE POLICY NUMBER DDAATTE(MM/DD/YV DATE MMIDDIYY LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Huntington Pacific Ins. Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7901 Professional Circle ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Huntington Beach CA 92648 EACH OCCURRENCE Phone: 714- 841 -6283 Fax: 714- 842 -2538 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Sectt.d a ina.. CoaIFmy BCS0019917 INSURERS Mercury Casualty Company 11908 _ PREMISES(Eao=umncej INSURERC: Delos Insurance Company LDPa Golden State Constructors, Inc 6162 Huntington Be Drive Huntington Seach CA 92697 INSURER D: CLAIMS MADE U OCCUR INGURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNSR D0• -. -- ------ _ -_ -_ -- LTft NSR TYPEOFINSURANCE POLICY NUMBER DDAATTE(MM/DD/YV DATE MMIDDIYY LIMITS NOTICE TO THE CERTIFICATE HOLDER RAMED TO THE LEFT. EUT FAILURE To DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR Newport Beach CA 92663 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00_0_ A X X COMMERCIAL GENERAL LIABILITY BCS0019917 01/31/09 01/31/10 _ PREMISES(Eao=umncej _ $ 100,000 CLAIMS MADE U OCCUR MED EXP (A,.ne pe.n) $5,000 _ PERSONAL &AOV INJURY S 10000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP /OP AGG 91,000,000 X POLICY JE° D LDC B AUTOMOBILE X LIABILITY ANY AUTO AC11085299 02/06/09 02/06/10 COMBINED SINGLE LIMIT (Ea accident) $110001000 BODILY INJURY (Per Peltlon) S ALLOWNEDAUTOS SCHEDULED AUTOS 8001LV dent) (Pef ACCntlbni) $ HIREDAUMS NON4wNED AUTOS PROPERTY DAMAGE OF., accwenq S GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO S AUTO ONLY. AGO EXCESWUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ❑CLAIMSMADE AGGREGATE S $ $ DEDUCTIBLE S RETENTION S C WORKERS COMPENSATX)N AND EMPLOYERS LIABILITY ANY RIPXCLUD IEXECUIIVE 01 DKPMI 2005 863 02/06/09 02/06/10 X TORY LIMBS ER El EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 CGRIMEMB OFFICERIMEMBER EXCLUDED ir., da.ibe Undie SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $1j000;000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Newport Beach Coastal Access. The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are additional insured as required by contract with respects to the general liability and automobile liability coverages. See the follow page for additional veribage. CERTIFICATE HOLDER CANCELLATION ci,rymp SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Newport Beach Patrick Newport 3300 Newport Boulevard NOTICE TO THE CERTIFICATE HOLDER RAMED TO THE LEFT. EUT FAILURE To DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR Newport Beach CA 92663 REPRESENgT`{AL`TIVES$,LEN�jj AUU(QR Q`�`PR�$lyL�. it� ACORD 25 (2001108) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. POLICY NUMBER: BCS0018917 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name 01 Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations The City of Newport Beach, it's elected or Newport Beach Coastal Access appointed officers, agents, officials, employees and volunteers. Information required to com fete this Schedule if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. UTS -3G-01 Page 1 of 1 13 14:01 AUG 13, 2609 FAX N0: 277 -0000 #300958 PAGE, 1/1 WC WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover from our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule The additional premium for this endorsement shall be 5% of the California workers compensalion premium otherwise due on such remuneration Person or Organization City of Newport Beach c10 Patrick Arcinfega 3300 Newport Boulevard Newport Beach, CA 92663 Minimum Premium $50 SCHEDULE Job Description All Projects Newport Beach Coastal Access Project OC -362B This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 9r1l2009 Policy No OIDKRM1- 2005.863 Endorsement Not Insured Golden State Constructors, Inc Insurance Company: Delos Insurance Company - 35408 Countemigned By: ®7496 by the Warkere Cumpensallon Insurance Rating Bureau ofCallfomia- Altdghtsreservad From the WCIRB's Califamfa Workers' Compensation Insurance Forms Manual (071007 8/1372004 an e POLICY NUMBER BCS0018917 COMMERCIAL GENERAL. LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the'productscompleted operations hazard ". -This waiver applies onlyTo the person ar organi¢ation'?iowii'in fFie Scfiedule`a6ove- — - CO 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ Aq.ft�Py ...., i....w � .•.. w u m..w..w � v...w� r �arrirr rrr� i � rfnac ou oc 1AMERCURY CASUALTY COMPANY A member 61 9arCUrY IAiuranee Oropp ENAQR,SEMEN This endorsement forms part of the policy shown below: all other terms and conditions of this policy remain unchanged. Policy No :AC 11095299 bffective Date : 02/06/2009 to 02/06/2010 Named Insured : Golden State Constructors, Inc. IT IS AGREED AND UNDERSTOOD THAT THE FOLLOWING ARE LISTED AS ADDITIONAL INSUREDS ON ALL THE VEHICLES COVERED BY THIS POLICY; The City of Newport Bcaeh, its elected or appoirztcd officers, agents, officials, employees and volunteers Attn: Patrick Arciniega 3300 Newport Boulevard Newport Beach, CA 92663 RE: Newport Beach Costal Access This agreement applies to this policy, or any continuation, renewal or replacement of this policy by the Named Insured, or the reinstatement within 30 days of any lapse thereof. AgenVBmkcr — Code: Huntington Pacific Ins. Agency 43821 Agent/Broker:`�--�. IJ44 1/1994 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 8/7/2009 Dept. /Contact Received From: Date Completed: 8/10/2009 Sent to Company /Person required to have certificate: 1. GENERAL LIABILITY Shauna Shauna Oyl By: Jennifer Golden Slate Constructors, Inc. A. INSURANCE COMPANY: Scottsdale Insurance Company B. AM BEST RATING (A: VII or greater): A +:XV C. ADMITTED Company (Must be California Admitted): AM BEST RATING (A: VII or greater) A +:X111 Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $1MM /$2MM/$1MM E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The What is limits provided? City its officers, officials, employees and volunteers): Is it E. included? ® Yes ❑ No G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be officers, officials, employees and volunteers): Is it included? ❑ Yes included): Is it included? ❑ Yes ® No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires G. notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Mercury Casualty Company B. AM BEST RATING (A: VII or greater) A +:X111 C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Delos Insurance Company B. AM BEST RATING (A: VII or greater): A -: VIII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No GL: Primary & Non - Contributory Endorsement not provided GL: Carrier is Non - Admitted .Auto: Additional Insured Endorsement was not � rd WC: Carrier is rated A- by AM Best IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC: Waiver of Subrogation was not provide: % Oyler, Shauna From: Jennifer King [JKing @bbsocal.com) Sent: Wednesday, August 19, 2009 8:05 AM To: Oyler, Shauna Subject: RE: Microsoft Word - 2037.pdf This is acceptable. Thanks Jennifer M. King Brown & Brown of California, Inc. 500 N. State College BI4d., Suite 400 Orange, CA 92868 Ph: (714) 221-1873 Fax: (714) 221-4173 Email: iking(�bbsocal.com License 90786768 www.bbinsurance.com NOTICE: Please be aware that you cannot bind, alter or cancel coverage without speaking to an authorized representative of Brown & Brown of California, Inc. Coverage cannot be bound without confirmation from an authorized representative of Brown & Brown. CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments, is privileged and confidential. It is intended only for the exclusive use of the addressee. If the reader is not the intended recipient, or the employee, or the agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by return email or telephone immediately. Thank you. Brown & Brown is the 9t' largest Insurance Broker worldwide, consistently leading the pack! Specializing in: General Liability • Worker's Comp • Property Employee Health Benefits • E &O • Home • Life • Auto From: Oyler, Shauna [ mailto :SOyler @newportbeachca.gov] Sent: Wednesday, August 19, 2009 7:49 AM To: Jennifer King Subject: FW: Microsoft Word - 2037.pdf How does the endorsement look? .._ ..............._._._.. _ - ---.___..----.. ......___.__..............__._. __ _..... ..._.— _...- _.._- . -..._ From: Mark Heberden [mailto :mark @huntpacificinsurance.com] Sent: Tuesday, August 18, 2009 5:21 PM To: Jennifer King Cc: Oyler, Shauna Subject: RE: Microsoft Word - 2037.pdf Ok, I think we have.. Please let me know if I can do anything more for you. Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 1 of 2 Ly F • • • MIN Contractor's License Detail - License # 867060 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B8.P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 867060 Extract Date: 07/14/2009 GOLDEN STATE CONSTRUCTORS Business Information: 6162 GALIPEAN DRIVE HUNTINGTON BEACH, CA 92647 Business Phone Number: (714) 625 -8758 Entity: Corporation _..... _ ... .. ........ ..... Issue Date: 11105/2005 Reissue Date: 03128/2007 Expire Date: 03/31/2011 License Status: ........ ....... ..... .. . This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractors Bond number 10145962 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/28/2009 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) RONNIE DONALD COCHRAN certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 03128/2007 This license has workers compensation insurance with the DELOS,INSURANCE COMPANY Policy Number: DKRM12005863 https:// www2. cslb. ca. gov/ OnlineServices /CheekLicense /LicenseDetail.asp 07/14/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 2 of 2 Effective Date: 02/06/2009 Workers' Compensation: Expire Date: 02/06/2010 Workers' Camp ation Histm Conditions of Use I Privacy Policy Copyright © 2009 State of California https: / /www2. cslb. ca. gov/ OnlineServices /CheckLicenselLicenseDetail.asp 07/14/2009 Cust Encompass Del Acct. Type: License #: Bus. ID: Name: Owner Name: Owner Phone: Owner Type: Exp. Date: S Addy: S Addy 2: Addr3: Zip: B Addr1: B Addr2: B Addr3: B Zip: Phone: FEIN: SEIN: Established: SIC: Owner #: # of Emps: usr1: usr2: usr3: usr4: usr5: usr6: usr7: ail Business Tax BT30026519 0056321 GOLDEN STATE CONSTRUCTORS INC COCHRAN RONNIE 7146258758 C 1/31/2010 6162 GALIPEAN DR HUNTINGTON BCH CA 92647 6162 GALIPEAN DR HUNTINGTON BEACH, CA 92647 7146258758 2087 2818895 1/20/2009 238990 -All Other Specialty Trade Cont 0056321 0 412816 240115838 Emergency Contact Info Contact: CLAUDIA COCHRAN Phone: 7146258758 hftp: / /www.citynet. newport- beach. ca. us/ mastedd /ENC_detail.asp ?EID= BT3002.. Page 1 of 1 07/14/2009 California Business Search DISCLAIMER: The information displayed here is current as of JUL 10, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation GOLDEN STATE CONSTRUCTORS Number: C2818895 Date Filed: 10/20/2005 Status: active Jurisdiction: California Address 6162 GALIPEAN DR. HUNTINGTON BEACH, CA 92647 Agent for Service of Process RONNIE D COCHRAN 6162 GALIPEAN DR. HUNTINGTON BEACH, CA 92647 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http: / /kepler.ss.ca.gov /corpdata /S howAll List ?QueryCorpN umbe r= C2818895 &pri... 07/14/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 COASTAL ACCESS AND PEDESTRIAN CIRCULATION IMPROVEMENTS RIVER AVENUE SIDEWALK CONTRACT NO. 3628 DATE: 6 -18 -09 BY: c Wrks Director TO: ALLPLANHOLDERS PROPOSAL: Replace the Proposal with the attached Addendum Proposal dated June 18, 2009. SPECIAL PROVISIONS: Replace the ON -SITE IMPROVEMENTS FOR 4715 RIVER AVENUE with the attached Addendum ON -SITE IMPROVEMENTS FOR 4715 RIVER AVENUE dated June 18, 2009. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. 4 a % Bidder's Name (Please Print) Autnonzea signature & i rue f: \userslphw\shared\contractslfy 08 -09\coastal access -river ave 03628 \addendum no.l.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 COASTAL ACCESS & PEDESTRIAN CIRCULATION IMPROVEMENTS - RIVER AVENUE CONTRACT NO. 3628 DATE: July 1, 2009 BY li orks Director TO: ALL PLANHOLDERS SPECIAL PROVISIONS: Add the following to the end of Section 6 -11 SEQUENCE OF CONSTRUCTION. All streets shall be open to vehicular traffic on weekends, non - working days and evenings. The phasing shall be such that each work area will be given a drivable surface, base paved and passable by the end of the day, (including necessary ramping to driveways) in order to provide access to resident homes each night. Suggested phasing is: River Avenue from 47th to 5151 St. (part 1) 51st St. to end of project (part 2) Construction for numbered streets in the following pairs: 47th St. and 491h St.; 48th St. and 50t" St.; 52nd St. then 53rd St. 7 -10.3 Street Closures, Detours and Barricades - ADD to the end of this section, 7. Contractor will be required to leave one half of the street open while working on the other half, until reconstructed half is base paved." Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. 96L&2 kk Ljkc4o-,5 Bidder's Name (Please Print) -o2 -OS Date e Aut orized Signature & Title } CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM No. 1PROPOSAL June18, 2009 COASTAL ACCESS AND PEDESTRIAN CIRCULATION IMPROVEMENTS RIVER AVENUE SIDEWALK CONTRACT NO. C 3628 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. C 3628 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE STREET IMPROVEMENTS Lump Sum Mobilization luk. -W Dollars and O �t30 �() Cents $ Per Lump Sum 2. Lump Sum Traffic Control @ Q,' 1G vsu .ms/ ✓t Dollars I and ©� Cents $ y j yv Per Lump Sum 3. Lump Sum Surveying Services @ w 'JCJik� Dollars` and bd Cents Per Lump Sum 4. Lump Sum Storm Water Pollution Prevention @ Iwo q Pr54 -qii` Dollars and 0ov C) C> Cents $ Per Lump Sum T PR2of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Clear and Grub @ Re(j4_) X vf4.si Dollars and lod Cents $ A oob Per Lump Sum 6. 1,120 CY Roadway Excavation /Unclassified Excavation @ ��i Dollars and ®v Cents $ Per Cubic Yard 7. 30 LF Remove PCC Curb @ %r Dollars OJ and Cents $ /0 $ 00 Per Linear Foot 8, 2,500 LF Remove PCC Curb and Gutter @ Dollars and Oo Cents $ Per Linear Foot 9. 9,850 SF Remove PCC Sidewalk @ Dollars tt lye c nts $ A w $ S Per Square Foot 10. 5,650 SF Remove PCC Driveway Approach @ Dollars and `qV Cents $ Sv $ Per SquarEjFoot 11, 2,300 SF Remove PCC Cross Gutter @ OF( Dollars and Cents Per Squar6 Foot PR3of13 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 12. 28 EA Remove Tree R� k .4 F,�l r J�.mac @.tt Dollars and 00 Cents Dp 15— $ 3915— $ p �O v Per Each 13. Lump Sum Relocate Queen PaWf�s) as (Voted on plans -,-d•-4 tiaL,{ 74-1a,( i�'.t @CC1I Dollars and 06 Cents $ /3 $ �� Per Lump Sum 14. 200 LF Remove Fence @ rut Dollars and OD Cents $ $ 2 /' Per Linear Foot 15. 400 LF Remove Masonry/Concrete Wall @ Dollars and DCi Cents $ 3�ov Per Linear Foot 16. 28,000 SF Cold Mill AC Pavement (Variable Depth) @ Dollars and ^ , V60 Cents $ ego $ �� Per S re toot 17. 340 Tons Construct Asphalt Concrete Overlay (2" min Finish Course) @ GJ Vi Dollars and 0 Cents $ Qom_ $ o�Q V Per Ton 18. 1,650 Tons Construct Asphalt Concrete Pavement @ T w D Dollars r� D Cents $ D % $ 130 t� Per Ton PR4of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 690 SF Construct 6" Thick PCC Pavement @_ tai r Dollars y and C4v Cents $ J $ 3105- Per Squa a Foot 20. 2,170 LF Construct 6" PCC Curb & Gutter Type 'A' @ SPuwA" Dollars and 60 Cents $ $ 36Jyo Per Linear Foot 21. 200 LF Construct 6" Rolled PCC Curb @ law W6 Dollars and 00 Cents $ ac a $ C.c! Per Linear Foot 22. 2001F Construct 6" PCC Curb Type'B' @ TCueo -� Dollars I and (�D� 00 Cents $ y $ J Per Linear Foot 23. 356 LF Construct PCC Cross Gutter @ Dollars and 00 Cents $ $ l% 000 Per Linear Foot 24. 175 LF Construct PCC Longitudinal Gutter @ E -lt✓P.f.> Dollars and C> Cents $ $ Per Linear Foot 25, 9,850 SF Construct PCC Sidewalk @ 4-eC Dollars and c�� 2 y 9, AV Cents $ ISO $ Per Squa a Foot PR5of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. 27 28. 29. 30. 31 32. 24 EA Construct PCC Curb Access Ramp & Retaining Curbs 7wa 1L,0JS&-4 l�-D @ Dollars and b O Cents $ Zoo Per Each 10,325 SF Construct PCC Residential Driveway Approach @ `� V t' Dollars and �i./�-yy��, G Cents $ —LSD Per Squarb Foot 3 EA Relocate Fire Hydrant Assembly $moo $ V�' 01,J -6 @ 74ayss.d Dollars wand r7 Od Cents $ �dCi $ adb Per Each 7 EA Relocate Water Meter @ 5 jc ,c,,d eW Dollars and 00 Cents $ 606 $ ou/v Per Each 9 EA Remove Existing, Furnish and Install New Water Valve Box @ dp,( 17,4 --ed Dollars and Dy Cents $ /6 y $ 9� Per Each 46 EA Remove Existing, Furnish and Install New Water Meter Box & Cover @ +f' fF y Dollars and 06 Cents $ Sy $ �3d Per Each 2 EA Adjust Sewer Cleanout to Grade @ r'(rre. , Dollars and S–v 0 Cents $ 02 5 $ Per Each PR6of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. 10 EA just Sew r Manhole tp Grade Avow Hw-Ar d Tw y ✓`� ✓t @ Dollars aJ Cents $ 02S— $ o?J�0 Per Each 34. 3 EA Relocate Street Light� / ' / '/ T-PJC 'ttwJf�.�( 5.k . !/�i"N 'sI l7TJ�&., @ r Dollars and O y Cents $ $ 8 /YY- Per Each 35. 1 EA Remove Existing, Furnish and Install New Electrical Pullbox @ Dollars and ba Cents $ ?06 $ -766 Per Each 36. Lump Sum Install Pavement e s� nt Markingn S Striping 7 @ Dollars and dd Cents $ U Per Lump Sum 37. 7 EA Relocate/Reset Street Signs @ Dollars and Cents $ qv Q $ Per Each 38. 5 EA Furnish & Install Street Sign and Post jt irc hPv Ar c.4 "(1�rrfy @ Dollars and O Cents $ 330 $ 166'0 Per Each STREET RIGHT -OF-WAY LANDSCAPING IMPROVEMENTS 39. 9,000 SF Soil Preparation Dollars and D-7 63 v 5.t? yt 0i Cents $ l $ Per Square Foot PR7of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. 9,000 SF Fine Grading @ Dollars and Iffuf Cents $ • Os- $ V6-0 Per Square Foot 41. Lump Sum Furnish & Install New ater Meter Box to Grade & 1 -1/2" Water Meter 'r,PF NordO'ed h`QTy @ Dollars and D D Cents Per Lump Sum 42. Lump Sum Construct 2" Water Service�/ @ Dollars and D y r1 Cents $ o� Per Lump Sum 43. Lump Sum Furnish & Install M ers Single -Meter Cabinet kc, @ Ar,&- _Agysa ✓ct Dollars 3j and �L b� Cents $ Per Lump Sum 44. 1 EA urnish & Install 1-1L2" Backflow Prevention Assembly, pr� !"d- @�wa"t� Jolla s 9rx Two and Cents $ 14 -3 � $ Per Each oZ 1 021(01 �� Z 45. Lump Sum Furnish & Install Irrigaatior� �ontrollewnd Enclosure 7f►' n�3u^•t 3Pj[ //.+�dn.I e?y r,6#r @ Dollars and Oo Cents $ °t /P y� Per Lump Sum 46. 1 EA (Furnish. � Install Maser Valve ,u •W, -A-r-4 * ( @ Dollars and oc> Cents .- Per Each PR8of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 47. 1 EA F2i4Wpla Fl� Sensor fy @ Dollars and O y Cents $ p Ly $ YZ� Per Each 48. 2,000 LF Furnish & Install 2" PVC CL315 Irrigation Mainline @ Tv' o Dollars and Cents $ �a < 7� $ Y7 c) Per Linear Foot 49. 28 EA Furnisthh't&� ` Install Q 'c Coupling V Ives oo `t"d " ,E4 1l 4 N!F'P @ Dollars and b 0 Cents $ .2 $ 7s-z Per Each 50. 32 EA Furnish & Install Remote Cont;pl Valves IL—et fP ram 7 ,;r ,Y H-0- @ Dollars Dd Cents 2 $ 333' $_/0, 720 Per Each 51. 9 EA Furnish & Install Ball„Valves TC-0 fy E16 N% @ Dollars and Dd Cents $ $ c22 3 Per Each 52. 834 EA Furnish & Install Irrigation Heads and Lateral Lines @ t Lim �Wb Dollars and Cents $ $ &,05 Per Each 53. 6,000 LF Furnish & Install Irrigation Sleeves @ J;v✓ Dollars and vwiiv< Cents $ �� $��� Per Lineat Foot PR9of13 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 54. 500 CY Furnish & Install 12" Minimum Depth Class 'A' Top Soil @1:164 OtrA Dollars and ql,., km mta Cents $ $ IS.6100 Per Cubib Yard 55. 50 EA Furnish & Install 36" Box Standard Prunus Cerasifera 'Newport' (Purple -leaf Plum) AjP 0- .." Eokw @ Dollars C>6 Cents $ S (g r� $ d%d 0 Per Each 56. 69 EA Furnish & Install 36" Box Single Trunk Syagrus Romanzoffianum (Queen Palm) I"", t'tr• -&r A Gib }•f Six @ Dollars 2 / r� and D t' Cents $ J 5� $ o` Per Each 57. 27 EA Furnish & Install 48" Box Single Trunk Syagrus Romanzoffianum (Queen Palm) �i Stae, �,rA� jr @ Dollars and '7�., 00 Cents $ J� $ aoT Per Each 58. 7 EA Furnish & Install 48" Box Standard Tiivana T vwu (Tipu Tree) 00-C i�su a o�c Pu^#4,.a Mr(y r @ Dollars Q and th a Cents $ _Llgy $ U C) oy Per Each 59. 340 EA Furnish & Install 5 gallon Aeonium Arboreum 'Zwartkop' (Red Aeonll' ium) @� 44A eJ-f Dollars and Cents $ OAILV $ X51 D Per Each PR 10 of 13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 60. 350 EA Furnish & Install 5 gallon Aloe Striata (Coral Aloe) @ QU1(5�0A� Dollars an $ 91,50 $ 5.25 Per Each 61. 79 EA Furnish & Install 5 gallon Chondropetalum Tectorum (Chondropetalum) @N� >,�{ Dollars q and X/ ZiW(LJO Cents $ t t $ i SU Per Each 62. 1,800 EA Furnish & Install 1 gallon Sesleria Autumnalis (Autumn Moor Grass) @ffFi Dollars and o �ijGMxJgllihCr Cents $ $d $ 0� 1 u Per Each 63. 2,720 EA Furnish & Install Liners from Flats Gazania Rigens 'Sunglow' (Trailing Gazania) @ %tA Dollars and I N VYyy (32 s)502.40 tJ-ca0 Cents $ . Per Each 64. 1,470 EA Furnish & Install 4 -inch Pot Senecio Mandraliscae (Blue Chalk Sticks) . @ ONE Dollars and �- A/- V Cents $ 1, 35 $ icy so Per Each 65. 57 EA Furnish & Install Root Barrier @ SV 0T1'6%t*30 Dollars and - fkIaA,>S-.e Cents $ iZA $ 412ti '� Per Each , 66. 4,750 SF Furnish & Install 2 -inch Deep Layer of 'Walk-on'Mulch @ - 40i"�74Fja:O_ Dollars 7 and °gl/txS -*A.)o Cents $ . J2 $ 1520 Per Square Foot PR 11 of 13 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 67. 23 EA Furnish & Install Tree Well Grate @tJia `Dollars and ZBY� Cents 4 � `Z3 $ a,l 34lf Per Each 68. Lump Sum Provide 60 -Day Plant Establishment Period and 90 -Day Plant Maintenance Period ,AW @°fyf **6)Q(0aQ'D611arss and 7.b�A Cents , ,, $ 3 ZO Per Lump Sum PROJECTRECORDS 69. Lump Sum Provide As -Built Plans @( Kvf 24A Pi'_-) Dollars and Cents $ 65D Per Lump Sum PRIVATE PROPERTY IMPROVEMENTS 70. Lump Sum Location: 4701 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan ftl?&0AflS W and Zeyvo Cents $15,500 Per Lump Sum 71. Lump Sum Location: 4703 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan @9 dft0�►U altars /and / �8(W Cents $ $ 1��0 Per Lump Sum 72. Lump Sum Location: 4709 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan @ LhrJ� S1Y}U) and Cents $ RCQ $ 1560o Per Lump Sum PR 12 of 13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 73. Lump Sum Location: 4715 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan 14 LIP0 an � ts $15616 $ 156 `15 Per Lump Sum 74. Lump Sum Location: 4719 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan (@S1XY7toJSQ //t@flib& Ilar, and IAMCCD Cents $ 635o $ 63-50 Per Lump Sum 75. Lump Sum Location: 4801 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan @ oja s and zOVIL Cents $ Zoo $ 160 Per Lump Sum 76. Lump Sum Location: 4831 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan @ &V-WWLA �, ��Ilars 7-v. ,o and $ AW $ 0, 40 Per Lump Sum 77. Lump Sum Location: 4835 River Avenue Remove Existing Improvements & Construct New Improvements Per Plan @ of s and 107W Cents $ $500 $ 5 $0 0 Per Lump Sum PR 13 of 13 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 78. Lump Sum Location: 4901 RiverAvenue Remove Existing Improvements & Construct New Improvements Per Plan @ 4VeqWMrJQ Dollars and a r3 61.lJ Cents $ $ 500e? Per Lump Sum 79. Lump Sum Location: 224 48°i Street Remove Existing Improvements & Construct New Improvements Per Plan A an $ 4900 $ Too Per Lump Sum GRAND TOTAL PRICE IN WRITTEN WORDS Or! and Ni NG Cents $ des 97 9. 90 Grand Total Price (Figures) Date Bid r 714 -625- 8�s� X14 &Zs -8293 Bidder's Telephone and Fax Numbers Bidder's Authorized ignature and Title A- 96'::�Oloo Bidder's License No(s). and Classification(s) 6'45�2 n ,g,gU -91z- Bidder's Address , 4,3. 1� Z64 �- Bidder's Email Address: RorJPw 4j ,96wso . COY) j:1311.03.081docs\specsl fiver- proposal5.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS M' 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 CONTRACT NO. C 3628 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK M' 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 6 -11 SEQUENCE OF CONSTRUCTION 5 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 -8.5.1 Steel Plates 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 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 17 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 18 201 -1 PORTLAND CEMENT CONCRETE 18 201 -1.1.2 Concrete Specified by Class 18 201 -2 REINFORCEMENT FOR CONCRETE 18 201 -2.2.1 Reinforcing Steel 18 SECTION 203 BITUMINOUS MATERIALS 18 203.6 ASPHALT CONCRETE 18 203.6.1 General 18 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300 -1 CLEARING AND GRUBBING 19 300 -1.3 Removal and Disposal of Materials 19 300 -1.3.1 General 19 300 -1.3.2 Requirements 19 300 -1.5 Solid Waste Diversion 19 300 -2 UNCLASSIFIED EXCAVATION 19 300 -2.6 Surplus Material 19 300 -4 UNCLASSIFIED FILL 20 300 -4.7 Compacting 20 SECTION 302 ROADWAY SURFACING 20 302 -5 ASPHALT CONCRETE PAVEMENT 20 302 -5.1 General 20 302 -5.4 Tack Coat 20 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 20 302 -6.6 Curing 20 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 20 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 20 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 20 303 -5.1.1 General 20 303 -5.5 Finishing 21 303 -5.5.1 General 21 303 -5.5.2 Curb 21 303 -5.5.4 Gutter 21 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 21 308 -1 GENERAL 21 308-4 PLANTING 22 308-5 IRRIGATION SYSTEM INSTALLATION 33 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 51 SECTION 310 PAINTING 56 310 -5 PAINTING VARIOUS SURFACES 56 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 56 310 -5.6.6 Preparation of Existing Surfaces 56 310 -5.6.7 Layout, Alignment and Spotting 56 310 -5.6.8 Application of Paint 56 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 57 312 -1 PLACEMENT 57 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 57 400 -2 UNTREATED BASE MATERIALS 57 400 -2.1 General 57 f'%users%pbvAshared\contracts* 08-09 \coastal access -river ave c-362ftpecs index c.3628.doc C -3628 SP 1 OF 58 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS Jt jail' RC,F- 38793 CONTRACT NO. C 3628 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5831 -5); (3) the City's Standard Special Provisions and Standard Drawinas 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 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2.6 WORK TO BE DONE. Add to this section, `The work necessary for the completion of this contract consists of distributing construction notices to existing businesses and residents, construction surveying, removing existing sidewalk, curb and gutter, driveways, asphalt concrete pavement, fencing, walls, off -site improvements, planting, Gearing and grubbing, and construction of new PCC sidewalk, PCC curb, PCC curb and gutter, PCC access ramps, PCC driveways, asphalt concrete pavement overlay, asphalt concrete pavement, fire hydrant relocation, pavement delineation, installing landscaping tree root barriers and irrigation, plant establishment, 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 design surveyor for this project was BUSH & ASSOCIATES and can be contacted at (949) 752- 1888. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. Prior to any demolition work, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. C -3628 SIP 2OF57 demolition work, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property comer 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 restore the affected survey monuments at his sole expense. The Contractor's Licensed 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 C -3628 SP3OF57 has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. 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 the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings by a method that does not damage existing surfaces." 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 or replace to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T Telephone, Time Warner cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. 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 C -3628 SP4OF57 schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 70 consecutive working days after the date on the Notice to Proceed. The 60-day plant establishment and 90 -day plant maintenance phase is not included. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, 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 4h, the first Monday in September (Labor Day), November 11'h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 241h, (Christmas Eve — half day), December 25'h (Christmas), and December 31st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 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 $1,000.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to C -3628 SP5OF57 residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. The Contractor shall prepare a construction phasing schedule for submittal to the City for review and approval. The construction phasing schedule shall be approved by the City prior to starting construction activities. The construction phasing shall address issues such as traffic circulation, emergency vehicle access, resident access, and parking restrictions. The construction phasing shall be revised as needed to gain City approval. 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. Within the work area, the Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipes shall be delivered to the City's Utility Yard at 949 West 16`" Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 -3402. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. 7 -8.5.1 Steel Plates. Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.city.newport-beach.ca.us/pubworks/links.htm." C -3628 SP6OF57 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuuming the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. i. Street sweeping. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 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 accordance 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." 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 for each street and sidewalk. The Contractor shall be responsible for C -3628 SP 7 OF 57 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. 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), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718 -3468 and all affected property owners. 5. Type II barricades shall be located at the beginning and end of each individual closed sidewalk area from time of removal until placement of backfill and final cure of the sidewalk. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. C -3628 SP 8 OF 57 Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS 1 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 reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by 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, including restoring all existing improvements, 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: STREET IMPROVEMENTS Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, demobilization, and all other related work as required by the Contract Documents. C -3628 SP9OF57 Item No. 2 Traffic Control and Pavement Striping: 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 required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Work under this item will also include installing all new pavement striping and markings per plan and specifications including temporary striping, and all other work items as required for performing the work complete in place. Item No. 3 Surveying Services: Work under this item shall include providing any and all surveying required to complete the work in place, including restoration of survey monuments and filing the corner records /record of survey with the County of Orange if required. Item No. 4 Storm Water Pollution Prevention: Work under this item shall include implementing, furnishing materials, maintaining devices in accordance with general practice, and all other work items as required for performing the work complete in place. Item No. 5 Clear and Grub: Work under this item shall include removing all brush, vegetation and roots and other objectionable material as directed by the Engineer from the construction area, grading of the project area for the new improvements, and all other work items as required for performing the work complete in place. Item No. 6 Roadway Excavation /Unclassified Excavation: Work under this item shall include sawcutting, removing, and disposing of the existing asphalt pavement section and all other work items as required for performing the work complete and in place. Item No. 7 Remove PCC Curb: Work under this item shall include sawcutting, removing, and disposing of the existing P.C.C. curb and all other work items as required for performing the work complete and in place. Curb shall be sawcut at the nearest joint. Item No. 8 Remove PCC Curb & Gutter: Work under this item shall include sawcutting, removing, and disposing of the existing P.C.C. curbs and gutter and all other work items as required for performing the work complete and in place. Curbs and gutter shall be sawcut at the nearest joint. Item No. 9 Remove PCC Sidewalk: Work under this item shall include sawcutting, removing, and disposing of the existing P.C.C. sidewalk and retaining curbs and all other work items as required for performing the work complete and in place. Sidewalk shall be sawcut at the nearest joint. Item No. 10 Remove PCC Driveway Approach: Work under this item shall include sawcutting, removing, and disposing of the existing P.C.C. driveway approach and all other work items as required for performing the work complete and in place. Driveways shall be sawcut at the nearest joint. C -3628 SP 10 OF 57 Item No. 11 Remove PCC Cross Gutter: Work under this item shall include sawcutting, removing, and disposing of the existing P.C.C. cross gutter and all other work items as required for performing the work complete and in place. Item No. 12 Remove Tree: Work under this item shall include removing and disposing of existing trees and all other work items as required for performing the work complete and in place. Roots shall be removed to a depth of at least 12- inches below finished grade. Item No. 13 Relocate Queen Palm(s): Work under this item shall include excavating, protecting, moving, and re- planting existing Queen palm trees currently existing within the limits of the project and all other work items as required for performing the work complete and in place. Item No. 14 Remove Fence: Work under this item shall include removing and disposing of the existing wooden and metal fences and all other work items as required for performing the work complete and in place. Item No. 15 Remove Masonry/Concrete Wall: Work under this item shall include removing and disposing of the existing masonry block and concrete garden and retaining walls and all other work items as required for performing the work complete and in place. Item No. 16 Cold Mill AC Pavement (Variable Depth): Work under this item shall include grind existing asphalt concrete pavement, removal and proper disposal of material, installation, removal and proper disposal of temporary asphalt concrete for transition between pavement sections, repair of damaged improvements and all other work items required for performing the work complete and in place. Item No. 17 Construct Asphalt Concrete Overlay (2" Min Finish Course): Work under this item shall include installing crack sealing, furnishing and installing variable depth asphalt concrete overlay and all other work items required for performing the work complete and in place. Item No. 18 Construct Asphalt Concrete Pavement: Work under this item shall include subgrade compaction, furnishing, installing and compacting 4 -inch base course and 2 -inch final course asphalt concrete pavement, and all other work items required for performing the work complete and in place. Item No. 19 Construct 6" Thick PCC Pavement: Work under this item shall include grading, subgrade compaction, constructing P.C.C. pavement and all other work items required for performing the work complete and in place. Contractor shall coordinate work with any impacted residents to provide acceptable access to the property. Work may require phased construction. Item No. 20 Construct 6" PCC Curb & Gutter Type 'A': Work under this item shall include, grading, compacting subgrade, reconstructing existing curb drains and associated piping, constructing Type "A" P.C.C. curb and gutter per City Standard STD - 182 -L, AC patch back, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. C -3628 SP 11 OF 57 Item No. 21 Construct 6" PCC Rolled Curb: Work under this item shall include, grading, compacting subgrade, constructing rolled P.C.C. curb and gutter, AC patch back, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 22 Construct 6" PCC Curb Type 'B': Work under this item shall include, grading, compacting subgrade, reconstructing existing curb drains and associated piping, constructing Type "B" P.C.C. curb and gutter per City Standard STD - 182 -L, AC patch back, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 23 Construct 8" Thick PCC Cross Gutter: Work under this item shall include grading, subgrade compaction, constructing P.C.C. standard cross gutter per City Standard STD - 185 -L, furnishing, installing and compacting base material, AC patch back, and all other work items required for performing the work complete and in place. Item No. 24 Construct PCC Longitudinal Gutter: Work under this item shall include grading, subgrade compaction, constructing P.C.C. longitudinal gutter per APWA Standard 122 -1, AC patch back, and all other work items required for performing the work complete and in place. Item No. 25 Construct 4" Thick PCC Sidewalk: Work under this item shall include grading, furnishing and installing fill material as needed, subgrade compaction, constructing 4- inch thick P.C.C. sidewalk, adjusting pullboxes to grade, making repairs for damage done to private property including, but not limited to sod, decorative pavement, planters, ornaments, irrigation size and plants, and all other work items required for performing the work complete and in place. Item No. 26 Construct PCC Access Ramp and Retaining Curbs: Work under this item shall include removing existing improvements, grading, furnishing and installing fill material as needed, subgrade compaction and constructing P.C.C. Curb Access Ramp and retaining curb, per plan, complete with raised truncated domes. Raised truncated domes shall be dark grey colored and shall be "Terrapaving" as manufactured by Wausau Tile Inc. (715) 359 -3121. All other work items as required per City Standard STD -181 -L to complete the work in place. Item No. 27 Construct PCC Residential Driveway Approach: Work under this item shall include grading, furnishing and installing fill material as needed, subgrade compaction, constructing P.C.C. residential driveway approach and all other work items required for performing the work complete and in place. Contractor shall coordinate work with the impacted resident to provide acceptable access to the property. Driveway approaches may require phased construction. Work shall also include removal and reconstruction of driveways on private property as detailed on the plans. Item No. 28 Relocate Fire Hydrant Assembly: Work under this item shall include removing, storing, reinstalling fire hydrant assembly, capping existing service, installing new connection to water main, removal and delivery of existing facilities to the City, and all other work items as required to complete the work in place. Only one hydrant shall be out of service at any one time. C -3628 SP 12 OF 57 Item No. 29 Relocate Water Meter: Work under this item shall include removing, storing, modifying existing service, reinstalling water meter, furnishing and installing new meter boxes in accordance with City STD -502 -L and STD - 503 -L, and all other work items as required to complete the work in place. New location of meter shall be coordinated with and approved by the City. Service shutdowns shall be coordinated with the City and impacted resident. Item No. 30 Remove Existing, Furnish and Install New Water Valve Box: Work under this item shall include removal of the existing City water valve boxes and furnishing and installing new valve boxes in accordance with City STD - 511 -L, and all other work items as required to complete the work in place. A 3 -inch thick 2 -foot by 2 -foot (minimum) hot asphalt repair or 4- inch thick sidewalk repair (to the nearest fill joint) will be required depending upon which condition is present at each service. Item No. 31 Remove Existing, Furnish and Install New Water Meter Box and Cover: Work under this item shall include removal of the existing City water meter boxes and furnishing and installing new meter boxes in accordance with City STD -502 -L and STD- 503 -L, and all other work items as required to complete the work in place. Item No. 32 Adjust Sewer Cleanout to Grade: Work under this item shall include adjusting the existing City sewer cleanouts to finished grade in accordance with City STD - 400 -L, and all other work items as required to complete the work in place. Item No. 33 Adjust Sewer Manhole to Grade: Work under this item shall include adjusting the existing City sewer manholes to finished grade in accordance with City STD - 111 -L, and all other work items as required to complete the work in place. Item No. 34 Relocate City Street Light: Work under this item shall include salvaging street light, removing existing fountain, repairing existing sidewalk, relocating pullbox and service and re- installing existing City street light in accordance with City STD - 200 -L, and all other work items as required to complete the work in place. Item No. 35 Remove Existing, Furnish and Install New Electrical Pullbox: Work under this item shall include removal of the existing City electrical pullboxes and furnishing and installing new pullboxes in accordance with City STD - 204 -L, and all other work items as required to complete the work in place. Item No. 36 Install Pavement Markings and Striping: Work under this item shall include removal of existing and installation of pavement markings (Thermo Plastic) and striping and all other work items as required to complete the work in place. Item No. 37 Relocate /Reset Street Signs: Work under this item shall include removing, storing, reinstalling sign per City Standard STD -915 -L and all other work items as required to complete the work in place. Item No. 38 Furnish and Install Street Sign and Post: Work under this item shall include acquisition and installation of sign and post and all other work items as required to complete the work in place. C -3628 SP 13 OF 57 STREET RIGHT -OF -WAY LANDSCAPING IMPROVEMENTS Item No. 39 Soil Preparation: Work under this item shall include, but not limited to, all labor, tools, equipment, and material costs for preparing the soil and all other work items as required to complete the work in place. Item No. 40 Fine Grading: Work under this item shall include, but not limited to, all labor, tools, equipment, and material costs for fine grading and all other work items as required to complete the work in place. Item No. 41 Install New Water Meter Box to Grade and 1 -1/2" Water Meter: Work under this item shall include, but not limited to, all labor, tools, equipment, and material costs for furnishing and installing new water meter box to grade and water meter and all other work items as required to complete the work in place. Item No. 42 Construct 2" Water Service: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, sawcutting, trench resurfacing, pipe material, all appurtenances for water service connection to existing water main and all other work items as required to complete the work in place. Item No. 43 Install Myers Single -Meter Cabinet: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing Myers stainless steel cabinet, base and electrical components, wiring, removal and reconstruction of conflicting concrete sidewalk and curb and gutter, backfill, compaction, disposing of excess excavated materials, connection to SCE service, and all other work items as required to complete the work in place. Southern California Edison shall pull conductors and make the final connections. Item No. 44 Install 1 -1/2° Backflow Prevention Assembly. Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, appurtenances for backflow prevention assembly, and all other work items as required to complete the work in place. Item No. 45 Install Irrigation Controller and Enclosure: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing irrigation controller with pedestal, electrical components, wiring, removal and reconstruction of conflicting concrete sidewalk and curb and gutter, backfill, compaction, disposing of excess excavated materials, connection to Myers cabinet, and all other work items as required to complete the work in place. Item No. 46 Install Master Valve: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing master valve, excavation, backfill, pipe material, electrical connections, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 47 Install Flow Sensor: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing flow sensor and electrical components, wiring, electrical connections, valve boxes, and all other work items as required to complete the work in place. C-3628 SP 14 OF 57 Item No. 48 Install 2" PVC CL 315 Irrigation Mainline: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, installation of 2" PVC CL 315 irrigation mainline, excavation, backfill, pipe material, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, and all other items as required to complete the work in place. Item No. 49 Install Quick Coupling Valves: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing quick coupling valves, pipe material, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 50 Install Remote Control Valves: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing remote control valves, excavation, backfill, pipe material, electrical connections, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 51 Install Ball Valves: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing ball valves, pipe material, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 52 Install Irrigation Heads and Lateral Lines: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing irrigation heads and lateral lines, excavation, backfill, pipe material, appurtenance such as tees, elbows, etc, and all other items as required to complete the work in place. Item No. 53 Install Irrigation Sleeves: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing irrigation sleeves, excavation, backfill, pipe material, and all other items as required to complete the work in place. Item No. 54 Provide and Install 12" Minimum Depth Class 'A' Top Soil: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, placement of 12" minimum depth Class 'A' top soil, grading, sample and testing, and all other work items as required to complete the work in place. Depth of material required shall be from native subgrade to finished grade. Item No. 55 Install 36" Box High Branching Prunus Cerasifera 'Newport' (Purple -leaf Plum): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 36" Box High Branching Prunus Cerasifera 'Newport' (Purple -leaf Plum), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 56 Install 36" box single trunk Syagrus romanzoffianum (Queen Palm): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 36" box single trunk Syagrus romanzoffianum (Queen Palm), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. C -3628 SP 15 OF 57 Item No. 57 Install 48" box single trunk Syagrus romanzoffianum (Queen Palm): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 48" box single trunk Syagrus romanzoffianum (Queen Palm), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 58 Install 48" Box standard Tipuana tipu (Tipu Tree): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 48" Box standard Tipuana tipu (Tipu Tree), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 59 Install 5 gallon Aeonium arboreum 'Zwartkop' (Red Aeonium): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 5 gallon Aeonium arboreum 'Zwartkop' (Red Aeonium), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 60 Install 5 gallon Aloe striata (Coral Aloe): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 5 gallon Aloe striate (Coral Aloe), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 61 Install 5 gallon Chondropetalum tectorum ( Chondropetalum): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 5 gallon Chondropetalum tectorum ( Chondropetalum), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 62 Install 1 gallon Sesleria autumnalis (Autumn Moor Grass): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 1 gallon Sesleria autumnalis (Autumn Moor Grass), transportation, delivery, storage, placement, soil, amendments, and all other items as required to complete the work in place. Item No. 63 Install liners from flats Gazania rigens 'Sunglow" (Trailing Gazania): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing liner Gazania rigens 'Sunglow" (Trailing Gazania), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 64 Install 4 inch pot Senecio mandraliscae (Blue Chalk Sticks): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 4 inch pot Senecio mandraliscae (Blue Chalk Sticks), transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 65 Install root barrier: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing root barrier, transportation, delivery, storage, placement, and all other items as required to complete the work in place. C -3628 SP 16 OF 57 Item No. 66 Install 2" Deep Layer of "Walk -On" Mulch: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 2" deep layer of "walk -on" mulch, transportation, delivery, storage, placement, and other items as required to complete the work in place. Item No. 67 Furnish and Install Tree Well Grate: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing tree well grate per plan, transportation, delivery, storage, placement, and other items as required to complete the work in place. Item No. 68 Provide 60 -Day Plant Establishment Period and 90 -Day Plant Maintenance Period: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire maintenance period. Item No. 69 Provide As -Built Plans: Work under this item shall include all actions necessary to provide As -Built drawings. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay request. PRIVATE PROPERTY IMPROVEMENTS Item No. 70 4701 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 71 4703 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 72 4709 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre - construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 73 4715 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work C -3628 SP 17 OF 57 on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 74 4719 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre - construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 75 4801 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 76 4831 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 77 4835 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 78 4901 River Avenue: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. Item No. 79 224 48'h Street: Work under this item shall include removing existing improvements, modifying existing facilities, and construction of improvements in accordance with the plans and all other work items as required to complete the work in place. Contractor shall arrange a pre- construction meeting with the City and property owner prior to starting work on private property. Work shall also include coordinating with the owner and coordinating the Work with the adjacent street improvements. 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." C -3628 SP 18 OF 57 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, Type V." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 203 - BITUMINOUS MATERIALS 203 -6 ASPHALT CONCRETE 203 -6.1 General. Asphalt concrete material used for asphalt concrete (AC) pavement within the roadway shall be: Base Course: B- PG- 64 -10. Final (Cap) Course (1 -112" Thick): C2- PG -64 -10 The Contractor shall submit a mix design to the City for review and approval a minimum of five (5) working days prior to installation. C -3628 SP 19 OF 57 PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at htto://www.citv.newoort- beach.ca.us /GSV /Hauler %20Listl . odf 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." 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." Replace the words 1-1/2 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. 300 -2 - UNCLASSIFIED EXCAVATION 300 -2.6 Surplus Material. Add to this Section: All surplus material shall be disposed of in a legal manner at the expense of the Contractor. 300-4 UNCLASSIFIED FILL permitted. C -3628 SP 20 OF 57 300 -4.7 Compacting Add to this Section: Consolidation by jetting will not be SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -62 -AR -4000. All cracks' /4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum 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 (1110) 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." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." 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: 1. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. C -3628 SP 21 OF 57 2. All curb and gutter shall be constructed on the top 10 inches of 95 percent relative compacted subgrade. 3. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 4. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch - back shall be placed within 72 hours following concrete placement. 5. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours or reconstructed work. 6. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 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 the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban C -3628 SP 22 OF 57 Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using aroot- pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 36" below grade for sidewalks and 36" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors (e.g., Century Root Barrier Panels, CP- Series, CP12 -2). c. The product shall be installed per manufacturer's specifications. d. Landscape Section 308 -4 Planting, Add to this section the following: SECTION 02900 LANDSCAPE PLANTING PART 1 - GENERAL 1.01 SCOPE OF WORK: C -3628 SP 23 OF 57 A. Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Source Quality Control: Arrange procedure for inspection of plant material with City Inspector prior to work. Should the contractor desire the City Inspector to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the City Inspector one week prior to this requested inspection. The City Inspector shall invoice the Contractor for the inspection on an hourly basis, portal to portal, including any other expenses incurred. All such invoices shall be paid to the City Inspector prior to any other inspections by the City Inspector to the project site. Submittal of pictures will be allowed for general plant material review. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on -site with the actual plant material being considered. Plant material for this project shall consist of the best plant material available. Material not meeting the City Inspector's satisfaction, including multiple rejections, shall be returned to the nursery where it was obtained at no additional cost to the City. 1.03 SUBMITTALS: A. Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the City. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Delivery: Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. 2. Deliver plants with legible identification labels. a. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. C -3628 SP 24 OF 57 b. Use durable waterproof labels with water - resistant ink which will remain legible for at least 60 days. Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 4. The Contractor shall notify the City Inspector forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. B. Storage: 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours. C. Handling: 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. 1.05 JOB CONDITIONS: A. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.06 SAMPLES AND TESTS: A. The City reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. B. The Contractor shall have soil samples tested after finish grades have been established to best represent the site soil conditions. Surface samples shall be taken with a trowel at 0" to 12" deep into finish grade. All samples shall be tested by an established soils laboratory for soil fertility and agricultural suitability. Each sample shall contain approximately one quart, but no less. Copies of the laboratory's recommendations shall be sent to the City and the City Inspector upon receipt by the Contractor with a statement denoting and additional or deductive costs. The Contractor shall then install soil amendments and backfill to conform to the soil laboratory's recommendations by first requesting and receiving a written change order from the City. This report shall also contain recommendations for palm tree sub -soil drainage, import soil for over native soil, and/or any other special conditions particular to the project site and design. Special consideration should be given the soil samples for the presence of soil sterilants as the planting areas were prior under paving. The City may request additional testing of finish grades to determine actual amendment rates per 1.06 A above. The contractor shall include the plant list from the Planting plans along with the soil samples for compatibility comparison by the soils laboratory. C-3628 SP 25 OF 57 1.07 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and /or workmanship for a period of one (1) year from the effective date of completion of the Maintenance Phase of the project as established by the City. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the City Inspector, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the City. B. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. PART 2 — PRODUCTS 2.01 MATERIALS: A. The following organic and soil amendments and fertilizer are to be used for bidding purposes only. Specific amendments and fertilizer specification will be made after grading operations are complete and soil samples are tested by the Contractor. B. All materials shall be of standard, approved and first grade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Contractor shall supply the City Inspector with a sample of all supplied materials accompanied by analytical data from an approved laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. C. Organic Material: Nitrogen Stabilized: 0.56 to 0.84% N based on dry weight for redwood sawdust. 2. Particle Size: 95% -100% passing 6.35mm standard sieve; 80% -100% passing 2.33mm standard sieve. 3. Salinity: The saturation extract conductivity shall not exceed 3.5 millimhos /centimeter at 25 degrees centigrade as determined by saturation extract method. 4. Iron Content: Minimum 0.08% dilute acid soluble Fe on dry weight basis. 5. Ash: 0 -6.0% (dry weight). 0 E. C -3628 SP 26 OF 57 Soil Amendments: Gypsum: Agricultural grade produce containing 98% minimum calcium sulfate. 2. Planting tablets: a. Slow- release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash b. 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. Top Soil: Top soil, as required, shall be obtained from on -site planting excavations if at all possible and shall be approved by the Engineer. 2. Top soil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before excavating existing soil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Silt plus clay content of the top soil shall not exceed 30% by weight with a minimum 95% passing the 2.0 millimeter sieve. The sodium absorption ratio (SAR) shall not exceed 6 and the electrical conductivity (ECe) of the saturation extract of the soil shall not exceed 3.0 m il lim hos/centi meter at 25 degrees Centigrade. The boron content of this soil shall be no greater that 1 ppm as measured on the saturation extract. The pH shall not exceed 7.0 and be not less than 6.0. In order to insure conformance, samples of the import soil shall be submitted to a qualified soil laboratory for analysis prior to shipping. This specification applies to import soil to be used for backfill purposes in problem soil areas. In landscape areas where no soil problems exist, the textural characteristics shall be similar to native soil. The source of soil shall be free from Bermuda grass and other noxious weeds or grasses. Topsoil shall be free from refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones larger than one inch, coarse sand, and small clay lumps. C -3628 SP 27 OF 57 The Contractor shall furnish the City with the proposed source or sources of topsoil to be used at least fifteen (15) working days prior to delivery. The Contractor at his own expense, shall obtain soil samples from his intended top soil source and have a soil analysis performed by a soil testing laboratory to ensure conformity with the preceding specifications. Topsoil shall not be delivered to the work site prior to approval by the City. Any delay caused by the failure of soil tests to meet these specifications shall be the sole responsibility of the Contractor. F. Plant Material: Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well - developed branch systems, not sparse, irregularly spaced, thin branched or having off - balanced head. All shall have vigorous and fibrous root systems that are not root or pot- bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the City Inspector reserves the right to reject the entire lot or lots of plants represented by the defective samples. The City is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. 2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock unless specified otherwise in these specifications or as otherwise specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the City Inspector. But the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. 3. Rejection or substitutions: a. All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, C -3628 SP 28 OF 57 size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the City Inspector. 4. Pruning: a. At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the City Inspector. 5. Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). 6. Nursery Grown and Collected Stock: a. Grown under climatic conditions similar to those in locality of the project. b. Container -grown stock in vigorous, healthy condition not root - bound or with root system hardened off. C. Use only liner stock plant material that is well - established in removable containers or formed homogeneous soil sections. 7. Substitute plant material will not be permitted without specific written approval by the City Inspector. G. Mulch Cover: 1. All shrub planting shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. Aguinaga Forest Floor 0 " -2" Provide depth of 3" minimum over finish grade in general planting areas. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. H. Miscellaneous Materials: 1. Sand: a. Washed plaster sand or equivalent. 2. Herbicides: a. Pre - emergent herbicide: Ronstar or equiv, J, Post - emergent herbicide: Round -up or eq C -3628 SP 29 OF 57 PART 3 — EXECUTION 3.01 INSPECTION: A. Verify that final grades have been established prior to beginning planting operations. B. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. C. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. 3.02 PREPARATION: A. Stake out locations for plants and outline of planting beds on the ground with non -toxic substance as gypsum. B. Do not begin excavation until plant locations and plant beds are acceptable to the City Inspector. 3.03 INSTALLATION: A. Excavation for Planting: 1. Pits and Trenches: a. Shape: 1. Dig vertical sides and flat bottom on all pits and trenches. 2. Plant pits to be square for box material, and circular for canned material. b. Size: 1. All plant pits for shrubs shall be dug twice the diameter and the exact depth of the root ball. 2. Refer to the plans for the size of tree plant pits. B. Preparation of Planting Areas: 1. The following materials and rates are included for bidding purposes only. Once the soils report has been reviewed and bid costs adjusted accordingly, the City shall issue a field notification for the actual amendments, rates, and manner of installation. The following materials and rates are for bidding purposes only, a. Tree and Shrub Backfill: 3.04 C -3628 SP 30 OF 57 1. 6 parts by volume on -site soil 2. 4 parts by volume nitrogen stabilized organic amendment 3. 1 lb. 12 -12 -12 fertilizer per cu. yd. 4. 10 lbs. agricultural gypsum per cu. yd. 5. 2 lbs. iron sulfate per cu. yd., (keep from all hard surfaces, as iron sulfate can stain) 2. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. C. Final Grades: After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. a. Finish grading shall insure proper drainage of the site. b. All areas shall be graded so that the final grades will be 4" below adjacent paved areas, sidewalks, top of curbs, and valve boxes in shrub /tree areas. C. Eliminate all erosion scars. d. At time of planting, the top two (2) inches of all areas to be planted shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. e. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. D. Dispose of Excess Soil: Dispose of unacceptable or unused excess soil off -site in a manner consistent with local codes. E. Maintenance of Final Grades: It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction Phase. All erosion shall be properly repaired at the Contractor's own cost to the City's satisfaction. Any slope soil run- off onto adjacent paving areas shall be cleaned regularly by the Contractor. PLANTING INSTALLATION A. General: Actual planting shall be performed during those periods when weather C -3628 SP 31 OF 57 and soil conditions are suitable and in accordance with locally accepted practice, as approved by the City Inspector. 2. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. 3. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. B. Weed Control: 1. After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post - emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. 2. The contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. 3. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. 4. The City shall be made aware of the scheduling impacts of the weed abatement period prior to starting landscape work. C. Lay -out of Major Plantings: 1. Locations of plants and outlines of areas to be planted shall be marked on the ground with gypsum by the Contractor before any plant pits are dug. All locations as noted on the Planting Plans shall have actual plants provided and layed out on the medians for approval by the City Inspector prior to installation. The contractor shall establish a schedule for review of these sample areas with the City Inspector prior to overall project plant layout. If an underground construction or utility line is encountered in the excavation of planting areas, notify the City immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the City Inspector. D. Planting of Trees and Shrubs: 1. Excavation for planting shall include the stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, C -3628 SP 32 OF 57 plant pits and planting beds. 2. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. 3. Protect all areas from excessive compaction when trucking plants or other materials to the planting site. 4. All excavated holes shall have vertical sides with roughened surfaces. 5. Center plant in pit or trench. 6. Face plants with fullest growth into prevailing wind, unless other wise directed by the City Inspector. 7. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 8. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one -half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 9. Can Removal: a. Cut cans on two sides with an acceptable can cutter. b. Do not injure root ball. C. Do not cut cans with a spade or ax. d. Carefully remove plants without injury or damage to the root ball. e. After removing the plant, superficially cut edge -roots with a knife on three sides. 10. Box Removal: a. Remove bottoms of plant boxes before planting b. Remove sides of box without damage to root ball after positioning plant and partially backfilling. 11. Hand backfill and hand tamp leaving a slight depression around bases of plants. a. After the water has completely drained, planting tablets shall be placed as indicated on the manufacturer's specifications. 12. Backfill the remainder of the hole. 13. Planting tablets shall be set with each plant on the top of the root ball whole the plants are still in their containers so the required number of C -3628 SP 33 OF 57 tablets to be used in each hole can be easily verified. 14. Pruning: a. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one -third of the branching structure. 15. Staking and Guying: a. Staking of all trees shall conform to tree staking and tree guying details. b. One tree of each size shall be staked and approved by the City Inspector prior to continued staking. 3.05 CLEAN -UP A. After all planting operations have been completed, remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and /or the last working day each week throughout the Construction Phase. All trash shall be removed completely from the site. B. The Contractor shall leave the site area broom -clean leaving the premises in a clean condition throughout the Construction Phase. 308 -5 Irrigation System Installation. Add to this section the following: SECTION 02810 - -- LANDSCAPE IRRIGATION PART 1 — GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown in the drawings and /or described herein. B. Related work in other sections 1. Landscape Planting 2. Landscape Maintenance C -3628 SP 34 OF 57 1.D2 QUALITY ASSURANCE AND REQUIREMENTS A. Manufacturer's Directions: 1. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturer of articles used in the contract furnish directions covering points not shown in the drawings and specifications. B. Ordinance and Regulations: All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in there specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. C. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl Chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the City. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. 6. Immediately notify the City in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the City's satisfaction. C -3628 SP 35 OF 57 D. Site Safety: 1. Erect and maintain barricades, warning signs, lights and /or guards as necessary or required to protect all persons on the site. E. Explanation Drawings: Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the word to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. 2. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. 3. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences, or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of City Inspector. In the event this notification is not performed, the irrigation Contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. SUBMITTALS: A. Material List: The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the City Inspector. 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description Manufacturer Model Sizes) 1. Backflow Preventer Febco 860 2" 2. Pop -up Spray Head Rainbird 1806 NA 3. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. C -3628 SP 36 OF 57 B. Substitutions: 1. The contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The landscape contractor shall submit to the City Inspector for approval on a separate sheet of contractor's letterhead paper the following: a. A statement indicating the reason for making each individual proposed substitution(s). b. Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the sales /manufacturer's regional telephone number. C. Provide the amount of cost savings or overage if the proposed substitute item is approved. 2. Substituted equipment of materials installed or furnished without prior approval of the City Inspector may be rejected and the Contractor required to remove such materials from the site at his own expense. The City shall have the sole discretion in accepting or rejecting any proposed substitution. 3. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 4. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 5. Manufacturer's warranty is required on any product offered. 6. If, in the opinion of the City , the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. C. Controller Charts: 1. Record drawings shall be evaluated by the Landscape Architect and/or City Inspector before controller charts are prepared. 2. Provide two (2) controller charts for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized Y2" smaller than the controller door on all sides. C -3628 SP 37 OF 57 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7. Controller charts shall be completed and approved prior to final inspection of the irrigation system. D. Operation and Maintenance Manuals: Prepare and deliver to the City within ten calendar days prior to completion of construction, hard - covered three rings binders containing the following information: a. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Catalog and parts sheets on every material and equipment installed under this contract. C. Guarantee statement d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: • Manufacturer's name • Make and model number • Name and address of local manufacturer's representatives • Spare parts list in detail 2. Provide two (2) manuals, unless otherwise directed by the City Inspector. E. Equipment to be furnished: 1. Supply as a part of this contract the following tools and equipment: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this contract. C -3628 SP 38 OF 57 b. Two (2) five foot valve keys for operation of ball valves Two (2) keys for each automatic controller. c. One (1) quick coupling valve key for each five (5) quick coupling valves installed. 2. The above - mentioned equipment shall be turned over to the City at the end of the Maintenance Phase. PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. GUARANTEE: A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the City or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the City or his representative prior to acceptance of the irrigation system. D. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. E. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the City at the end of the Construction Phase. F. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: C -3628 SP 39 OF 57 GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the City after receipt of written notice form the City. All repair work shall be completed to the satisfaction of the City. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS 2.01 MATERIALS: A. General: Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. PVC Pressure Main Line Pipe and Fittings: Pressure main line piping shall be PVC Class 315 for all pipe 2" and larger, and Schedule 40 for all pipes 1 -1/2" and smaller with solvent welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must C-3628 SP 40 OF 57 meet requirements as set forth in Federal Specification PS -21 -70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 124546. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 40, 1 -2, 11 -1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. All PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pipe size C. Schedule or Class d. Pressure rating in PSI e. NSF (National Sanitation Foundation) approval f. Date of extrusion 6. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 40, injection molded of PVC fitting compound which meets current ASTM D 1784 -69 and requirements described in Cell Classification 134546. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. C. PVC Non - Pressure Lateral Line Pipe: Non - Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints. 2. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22 -70 with an appropriate standard dimension ratio. 3. Except as noted in paragraphs 1 and 2 of this section, all requirements for non - pressure lateral line pipe and fittings shall be the same as that for solvent -weld pressure main line pipe and fittings. D. Threaded Nipples: Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using teflon tape applied to male threads only. 3. C -3628 SP 41 OF 57 E. Joint Primer: 1. Type as recommended by manufacturer of pipe. F. Joint Cement: 1. Solvent type as recommended by manufacturer. G. Ball Valves: 1. Shall be as specified on plans. H. Backflow Prevention Devices: 1. Backflow Prevention Units shall be of the size and type indicated on the drawings. Install backflow prevention units in accordance with irrigation construction details and all local applicable codes and ordinances. 2. Wye strainers at backflow prevention units shall have a bronzed screwed body and shall be the type as specified on the plans. 3. Provide enclosure as denoted on plans. Flow Sensors: Flow sensing equipment shall be manufactured by Rainbird and shall be an insertion type with a non - magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or 316 stainless steel with the impeller and sensor housing being glass - filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethylenepropylene 0-rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "UF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1 -1/2 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22- degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. Quick Coupling Valves: 1. Quick coupling valves shall have a brass two -piece body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. 2. Hinge cover shall be of heavy duty brass construction with a durable high quality locking yellow, (potable) thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. 3. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. K. L. C -3628 SP 42 OF 57 Normally - Closed Master Valves: 1. Master valves shall be the size and type as shown on the drawings. 2. Solenoid, if different from that normally supplied, shall be as specified on the drawings. 3. The remote control valve shall be a normally closed, 24VAC -50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating shall not be less than 2,000 PSI, (13.8 bars, metric). 4. The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced buna -n rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. 5. The valve shall have both internal and external manual open /close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one -piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50/60 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. 6. The valve shall have a contamination -proof (CP) self - flushing nylon filter screen located a the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable operation. 7. The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). 8. The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. 9. The controller assembly shall be provided with a Master Valve Power assembly for the purpose of powering the master valve circuit independent of controller operation to pressurize the mainline for supplemental watering. This assembly shall consist of a timing module (with variable timing in thirty minute increments for up to three hours) mounted to the face of the backboard and pre -wired to a terminal interface board. Electric Remote Control Valves: Electric control valves shall be of the size and type shown on the drawings. 2. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. C -3628 SP 43 OF 57 3. Provide and install one control valve box for each electric control valve. 4. Provide and install Christy tags with valve sequence for each valve. M. Valve Boxes: 1. Ball Valves: Use 10" diameter x 10 -1/4" round boxes, Carson industries #910 -12B with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. 2. Electric Control Valves: Use 12 "x17 "x7" deep rectangular boxes, Carson Industries #1419A -12B with green bolt down cover or approved equivalent. 3. Drip Assemblys: Use oversized boxes for drip irrigation system assemblies to allow adequate room around component for installation repair and replacement without disturbing the box. Carson Industries #17306 -P12B (20 -112" x33 -1/2 "x12" deep rectangular box) with green ABS bolt -down lid or approved equivalent. 4. Pull Boxes: Pull boxes shall be 10" top diameter, 13° bottom diameter and 10 -114" deep round box with lock bolt cover. Box shall be green in color. 5. Identification numbers shall be branded onto the box lids in 2 -inch high letters and numbers. 6. Vehicle traffic area boxes shall be concrete with cast -iron lid designed for vehicle traffic use. N. High Voltage Wiring: 1. Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. O. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 4,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. C-3628 SP 44 OF 57 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. 4. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 5. All splices shall be made with Scotch Lok, Connnector Kings, or King "One- Step" wire connectors. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and /or directional turn. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the City Inspector. P. Cable: All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires. If more than one route is available for extra wires, contact the City Inspector for the number of extra wires to be run in differing directions. All data communications wire connecting flow sensors to the electronics that are buried below grade, with or without conduit, shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). 2. The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum - polyester shield and be finished with a black high- density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E- 000319DFC. 3. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch -LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. Q. Automatic Controller: The automatic controller shall be of the size and type shown on the drawings. C -3628 SP 45 OF 57 2. The City prior to installation shall approve final location of automatic controllers. 3. Unless otherwise noted on the plans. The 120 -volt electrical power to the automatic controller location shall be furnished by others. The final hook- up of the automatic controller to the 120 -volt power source shall be the responsibility of the irrigation contractor. 4. The controller shall not receive an enclosure unless otherwise specified on the drawings. 5. Contact Mr. Scott Kyle at Rainmaster regarding connection to the city central control system, (949) 212 -8013. R. Sprinkler Heads: 1. All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. 2. All spray type sprinklers shall have a screw adjustment. 3. Riser /swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. 4. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. PART 3 — EXECUTION 3.01 INSPECTION: A. Site Conditions: 1. All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. 2. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. 3. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. 4. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. C -3628 SP 46 OF 57 5. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. 6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. 3.02 PREPARATION: A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. 2. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the City Inspector immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation emitters /heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the City Inspector. Do not exceed the maximum or minimum spacing indicated by the manufacturer. B. Water Supply: 1. Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. C. Electrical Supply: An electrical connection for automatic controller shall be made to electrical points of connection as shown on the drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. 3.03 INSTALLATION: A. Trenching: L1 C -3628 SP 47 OF 57 1. Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. a. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all non - pressure lateral lines. G. Provide for a minimum of eighteen- (18) inches cover for all control wiring. d. Refer to civil engineer's paving or under streets. Backfilling: plans for boring or trenching across The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse.. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one -half (1/2) inch in size will be permitted in the initial backfill. 3. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. C. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with it's own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to C -3628 SP 48 OF 57 specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. D. Line Clearance: All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. Place location tape 6" above all piping, low voltage and high voltage wiring. E. Automatic Controller: Install controller per manufacturer's instructions. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. Wires designated for future use shall be of a different color than those being currently used. F. Remote Control Valves: 1. Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. G. Flushing of System: 1. After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished. C -3628 SP 49 OF 57 H. Sprinkler Heads: 1. Install the sprinkler heads or emitters as designated on the drawings. Sprinkler heads and /or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. Spacing of sprinkler heads and /or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. 3.04 TEMPORARY REPAIRS: A. The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 FIELD QUALITY CONTROL: A. Adjustment of the System: The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the City Inspector. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. B. Testing of Irrigation System: 1. The Contractor shall request the presence of the City Inspector at the intervals listed below in advance of any testing. 2. The Contractor shall provide "walkie- talkies" for communication from the review area to the controller location. 3. The Contractor shall provide current record drawings at each review. 4. Before testing mainlines, fill the lines with water for a period of at least 24 hours. 5. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. 6. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. 7. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. C -3628 SP 54 OF 57 8. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. 9. All hydrostatic tests shall be made in the presence of the City Inspector. The test may be made in the presence of the General Contractor's superintendent only if written acceptance of the test is forwarded to the City and City Inspector immediately after testing. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 10. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. 11. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 12. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Inspector, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 13. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the City Inspector. 3.06 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.07 CLEAN -UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.08 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the City Inspector at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the City Inspector shall be reworked to the complete satisfaction of the City Inspector. B. The Contractor shall show evidence to the City Inspector that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. C -3628 SP 51 OF 57 C. The irrigation controller shall be certified by Hydro - scape. 3.09 OBSERVATION SCHEDULE: A. The contractor shall be responsible to establish a schedule of observations with the proper City staff. 308 -6 Maintenance and Plant Establishment. Add to this section the following: SECTION 02970 LANDSCAPE MAINTENANCE PART 1 — GENERAL 1.01 SCOPE OF WORK: A. Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Planting 1.02 GENERAL MAINTENANCE: A. The length of the maintenance period shall be sixty (60) days plant establishment followed by ninety (90) days plant maintenance. B. Maintenance of plant materials shall include, but not be limited to. Trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. C. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run -off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris /siltation removal program. D. The Contractor shall provide a general clean -up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. E. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. F. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. C -3628 SP 52 OF 57 G. Contractor shall be responsible for removing all weeds in joints of curbs, and hardscape throughout the project. H. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. I. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run -off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. J. Avoid blocking the clear view of signs, illumination of light fixtures, and conflict with pedestrians and vehicles or their views. K. Safety of users shall be a prime goal of maintenance especially in regard to pruning of trees and trimming of plants away from walkways and/or structures. L. The Contractor, at his own expense, shall replace all plant material that has failed during the maintenance phase. 1.03 QUALITY ASSURANCE: A. Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24 -hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 1.04 MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Maintenance Phase until final acceptance of the work by the City. B. Improper maintenance or poor condition of any plantings as determined by the City Inspector, during or at the end of the scheduled maintenance period may cause postponement of the final completion date of the contract. Project maintenance shall be continued by the Contractor until all work is acceptable to the City. C -3628 SP 53 OF 57 C. Projects will not be segmented into separate Maintenance Phases unless specific work phases are indicated with the contract documents. D. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the City, that time will not be credited to the plant maintenance period, and shall be added on the end of the Maintenance Phase. E. The Contractor's maintenance period shall be extended to the City's satisfaction should the provisions within these plans and specifications not be fulfilled to the City's satisfaction. 1.05 START OF MAINTENANCE PHASE: A. The Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete. B. The Contractor shall request an inspection to begin the Maintenance Phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the City, a field notification shall be issued to the Contractor from the City, to establish the effective beginning date of the Maintenance Phase. The City has the ultimate authority in setting the beginning date for the Maintenance Phase. 1.06 GUARANTEE AND REPLACEMENT: A. Any materials found to be dead, missing, or in poor condition as determined by the City Inspector, during the Maintenance Phase shall be replaced immediately, not at the end of the Maintenance Phase prior to inspection. The City Inspector shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. 1.07 FINAL PROJECT SUBMITTALS: A. Prior to the date of the final inspection at the end of the Maintenance Phase, the Contractor shall acquire from the City Inspector mylar prints at the Contractor's expense, and record from the job record set all changes made during construction, label as "Record Drawings ", and deliver to the City . Prior to the date of final inspection at the end of the Maintenance Phase, the Contractor shall deliver to the City the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the City. PART 3 — EXECUTION 3.01 MAINTENANCE: A. Maintenance shall conform to the following standards: C -3628 SP 54 OF 57 All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, grafitti, pests or other damage as deemed by the City shall be repaired at the Contractor's expense. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 3.02 TREE AND SHRUB CARE: A. Watering: Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand - watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. B. Pruning: Shrubs: a. Shrubs shall not be clipped in balled or boxed forms unless such is required by the design. b. All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. C. Remove any spent blossoms or flower stalks after flowering. d. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. e. All shrubs that normally require mowing or severe cutting back for horticultural reasons shall be cut back only after approval to do so by the City Inspector. C. Staking and Guying: 1. Remove stakes and guys as soon as they are no longer needed. Stakes and guys are to be inspected to prevent girdling of trunks or branches and to prevent rubbing that causes bark abrasions. Trees found damaged shall be replaced at the Contractor's expense. D. Weed Control: 1. Keep basins and areas between plants free of weeds. Use recommended legally approved pre- emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shallow roots. C -3628 SP 55 OF 57 Use mulches to help prevent weed seed germination. Avoid post - emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. E. Insect Control: Maintain a reasonable control with approved materials and methods that are legally accepted in the area. F. Disease and Pest Control: The Contractor shall be responsible to control all diseases and pests during the Maintenance Phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The City shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. G. Fertilization: Fertilize all planting areas with the following materials. These materials and schedules are intended for bidding purposes only. Actual materials and rates shall be specified in the project soil fertility and agricultural suitability report. Any changes in cost from these specifications shall be approved in writing from the City prior to any work. a. Beginning of Maintenance Phase: Ammonium sulfate 5 lbs. /1,000 sq.ft. b. End of first 30 days: Ammonium sulfate 5 lbs. /1,000 sq.ft. C. At additional 60 day periods: Granular Fertilizer 16 -6 -8 6 lbs. /1,000 sq.ft. 2. Avoid applying fertilizer to the root ball and base of main stem; rather spread evenly under plant to the drip line. Rates will vary from about a cup of nitrate fertilizer, (depending on nitrogen percentage) around a newly planted small plant, to about one -half (1/2) lb. of actual nitrogen per inch of trunk diameter measured four feet from the ground for mature trees. 3.03 IRRIGATION SYSTEM A. The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be adjusted as necessary for 100 %, head -to -head coverage. C -3628 SP 56 OF 57 B. Set and program automatic controllers for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give City a key to controllers and instructions on how to turn off the system in case of emergency. C. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. 3.04 FINAL ACCEPTANCE A. The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance. B. All plant material shall have new growth trimmed neatly. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. C-3628 SP 57 OF 57 The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW-AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City.' SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base material." F:\Users%PBW\Shared \Contracts \FY 08- MCoastal Access -River Ave C- 3628\SPECS C- 3628.doc 2 #4 Rare Block Fence With Post Holes Not To Be Used For Retaining Earth fg EQ H (FT) POST HOLE SPACING 4 10' -0" 5 8' -0" 6 6-0" 16" 2 #4 BARS _ SOLID GROUT 6" CONC. BLOCX @ 48" O.C. �2 #4 BARS — 121 8" 36" 48" 1� 1I I c SECTION D SECTIIOONNI WALL @ EDGE OF FOOTING NOTE: The above is a guideline and applies to normal conditions. A professional engineer should be consulted where unusual conditions exist. Block Fence With Continuous Footing Not To Be Used For Retaining Earth EQ. 2 #4 BARS IN TOP BOND BEAM ________ _ _________r_____________ r__ 16" --- -- --------- i--- --- ------- �-- SOLID #4 BAR IN TOP GROUT if BOND i H l�#4q BARS (SE Y( A: (SERA SCHEDULE) As (SEE SC i 2 #4 BARS ALT. BEND 10' 3• - CLR. TYR Wr6" B SECTION WALL @ EDGE OF FOOTING NOTE: The above is a guideline and applies to normal conditions. A professional engineer should be consulted where unusual conditions exist. H #. A W in. 4 1 #4 48" O.C. 16 Imo. _ _. w� 5 1 94 a 48" O.C. 20 6 1 #4 32' O.C. 24 A SECTION Wr6" B SECTION WALL @ EDGE OF FOOTING NOTE: The above is a guideline and applies to normal conditions. A professional engineer should be consulted where unusual conditions exist. PILASTER DETAIL D +W #3 TIES (a3 12" I i i 4 #4 VERT. 2" CUR. 1 2 t14 BARS (IF CONTINOUS FOOTING) W +12" E PILASTER GENERAL NOTES 1. CONCRETE BLOCK Grade N per ASTM C90 2. CONCRETE 2000 psi 3. GROUT 2000 psi 4. MORTAR Type M or S 5. STEEL BARS Grade 40 per ASTM A615 6. EXPANSION JOINTS Every 30' O.C. 7. CLEAN OUTS Provide at all cells to be grouted in the 5' & 6' walls 6. BLOCK PATTERN Lay all block in RUNNING BOND pattern 9. FOOTINGS Bottom of footings must be level — use stepped footing in sloped lots 10. FINISHED GRADE SOIL MUST BE LEVEL ON BOTH SIDES OF THE WALL. THIS WALL MUST NOT RETAIN EARTH 11. SOILS Footings must be placed only in natural undisturbed or properly compacted soil with a min. bearing value of 1000 psf 12. GROUTING Grout all cells containing reinforcing steel 11 PROPERTY CORNERS To be MONUMENTED (located) by a Licensed Surveyor prior to starting construction CONSTRUCTION NOTES: (THIS PLAN ONLY) O1 - 6" CURB & GUTTER PER STREET PLANS 2 4" THICK PCC SIDEWALK STREET PLANS 3 CONSTRUCT 18 "x18" PILASTER PER CITY BUILDING DEPT STANDARDS. 4 INSTALL BRICK VENEER, MATCH EXISTING COLOR & TEXTURE 5 CONSTRUCT CUT -OFF WALL PER DETAIL 2 6 FURNISH & INSTALL WROUGHT IRON FENCE. MATCH EXISTIN STYLE. CONNECT TO ADJACENT PILASTERS. CURVE FENCE AS REQUIRED. PAINT TO MATCH EXISTING. a7 - CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE MATCH EXISTING COLOR, FINISH, ETC CONSTRUCT PCC STEPS PER SPPWC STD PLAN 640 -2 3 STEPS - R =6" - T =12" DISPOSITION NOTES: (THIS PLAN ONLY) PROTECT -IN -PLACE (ITEM PER PLAN) 2 REMOVE CONCRETE 3 REMOVE PILASTER 4 REMOVE FENCE GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. BRICK VENEER SHALL MATCH EXISTING COLOR & TEXTURE. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FS = FINISHED SURFACE PA = PLANTING AREA TP = TOP OF PILASTER WALK F-1 PA 1 STEvs� ' / . 100 n N 1 4701 RIVER AVENUE STREET rL 0 N 0 M R Type J PA �4 / C9 r 8 � / 4 � 10 20 SCALE: 1"=10' 0-3626 PRIVATE PROPERTY FINISHED SURFACE CITY SIDEWALK FINISHED SURFACE CUT -OFF WALL NO SCALE SPACE EQUALLY ALONG PROPERTY LINE 6't OC W a TYPICAL WALL LAYOUT v n° DEMO & IMPROVEMENT PER STREET PLANS rTl SECTION A -A DEMO & IMPROVEMENTS PER STREET PLANS 3 4 2 �� a L� DEMO & IMPROVEMENTS PER STREET PLANS k===== ______= SECTION B -B SECTION C -C 03626 R METAL FENCE POST 2 - #4 HORIZ. CON'T. CHORD BARS ® BOND BEAM BLOCK MASONRY RETAINING WALL FILL ALL CELLS WITH GROUT EMBED METAL POST- - X BARS IN GROUT 18" DEEP ® 6' 0/C #4 HORIZ. CON'T z. RE -BAR ® 32" O/C OMIT HEAD JOINT ® FIRST COURSE 0 32" O/C T FINISHED GRADE Z BARS L� N Iz m� 2" 2-#4-/ — BARS 3" B GRADE xl1 N NOTES: 1. IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL ABOVE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT. 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. ® 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4, CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. H 1 T 1 B 1 X BARS Y BARS Z BARS 10'-316- 1 1' -10" 1 #3024- O C NONE 3 048" O/C DETAIL A IMPROVEMENTS PER STREET PLANS 3't r 4 � — '�r 2 3 " 1 -- -- 1 SECTION A -A �STREET RIVER AVENUE NN CONSTRUCT COLD JOINT AT It I r' RIVER AVENUE - PA m Lo 7 PA R.. LL m C i 1 F 0 4 co PA N m a oGO 5 6 ,H �. IN ~ WALL 0000 � "N N in WALK .o a':'°i AT NEAREST 00 00 w O1 . w JOINT A o / 1 14 �u » P STEPS BLDG 4703 4701 U < / I 10 z0, SCALE: 1 " =10' CONSTRUCTION NOTES: (THIS PLAN ONLY) O��^1 -- 6" CURB & GUTTER PER STREET PLANS 2 4" THICK PCC SIDEWALK STREET PLANS 3 CONSTRUCT RETAINING WALL PER DETAIL A HEREON 4�CONSTRUCT 30 "t HIGH WOOD FENCE WITH METAL POSTS MATCH EXISTING STYLE. ATTACH TO RETAINING WALL. OS - CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE MATCH EXISTING COLOR, FINISH, ETC O6( 6 CONSTRUCT 4" THICK PCC "V" GUTTER 5 7 CONSTRUCT 3" AREA DRAIN WITH ATRIUM GRATE ,ri� PATIO —1 —`—' & CONSTRUCT CURB DRAIN PER CITY STD -184 -L �— SAWCUT ® CIVIL WORKS _ EngJnEyE�rsr,.Inc. aC.M��,G9277e"`'f -� ems (714) A569aLE w Kn ate � oicwus DISPOSITION NOTES: (THIS PLAN ONLY) m 2 1 PROTECT -IN -PLACE (ITEM PER PLAN) REMOVE CONCRETE GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 4" HIGH & 6" WIDE, SLUMPED BLOCK FINISH, TAN COLOR. 3. MATERIALS To BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FL = FLOWUNE FS = FINISHED SURFACE PA = PLANTING AREA TRW = TOP RETAINING WALL C-3628 4703 RIVER AVENUE CDY OF NEWPORT BEACH PUElC WORKS DEPARMEW R 2 -#4 HORIZ. CON'T. CHORD BARS 0 BOND BEAM BLOCK �T MASONRY RETAINING WALL FILL ALL CELLS WITH GROUT #4 HORIZ. CON'T RE -BAR ® 32" O/C OMIT HEAD JOINT 0 FIRST COURSE 0 32" O/C FINISHED GRADE , t ai wim FINISHED GRADE 2" I 2 - #4 BARS 3" 8 0 I M NOTES: t IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL ABOVE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT, 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. 0 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. H I T 1 B 1 X BARS I Y BARS I Z BARS 10'-316- 1 1' -10" 1 #3024- O C I NONE 1 #3048- O C DETAIL A DEMO & IMPROVEMENTS PER STREET PLANS 3 -- -- J � 5.0't i m i .. N CONSTRUCT COLD JOINT AT R PA 0 M STREET RIVER AVENUE �"CONSTRUCT COLD ! JOINT AT R PA OF 1'3 „t 1 iVt -1t W `� 10:x5 FS f ~3 5 F� o o Moot ...1 O �Q �o PATIO A - - z 1 / Z5 BLDG 4709 CONSTRUCTION NOTES: (THIS PLAN ONLY) 6” CURB & GUTTER PER STREET PLANS 4" THICK PCC SIDEWALK STREET PLANS O3 - CONSTRUCT RETAINING WALL PER DETAIL A HEREON CONSTRUCT 30 "t HIGH BLOCK FENCE PER CITY BUILDING DEPT SIDS. ATTACH TO RETAINING WALL. OS - CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE MATCH EXISTING COLOR, FINISH, ETC -� 06- STUCCO BOTH SIDES OF EXPOSED WALL. MATCH EXISTING ��// COLOR & TEXTURE SAWCUT CONSTRUCT PCC STEPS PER SPPWC STD 640 -2 i� 4 STEPS - R =6.5" - T =12" PATIO 2 SECTION A -A CIVIL WORKS Englnearos,, Inc. 3C mM'r G9Mt63deS] qvh (77q 966-W / SAWCUT / AT NEAREST JOINT ram N 09 OI 0 F L �w 0 4703 SCALE: 1"=10' DISPOSITION NOTES: (THIS PLAN ONLY) ��aPROTECT -IN -PLACE (ITEM PER PLAN) m REMOVE CONCRETE 3 REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 4" HIGH & 6" WIDE, PRECISION BLOCK FINISH, GREY COLOR. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM FS = FINISHED SURFACE PA = PLANTING AREA TRW = TOP RETAINING WALL TIN = TOP OF BLOCK FENCE/WALL 4709 RIVER AVENUE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT m <: X BARS 2" x T Z BARS ro N 2" I 2 - #4 BARS 3" 8 0 I M NOTES: t IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL ABOVE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT, 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. 0 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. H I T 1 B 1 X BARS I Y BARS I Z BARS 10'-316- 1 1' -10" 1 #3024- O C I NONE 1 #3048- O C DETAIL A DEMO & IMPROVEMENTS PER STREET PLANS 3 -- -- J � 5.0't i m i .. N CONSTRUCT COLD JOINT AT R PA 0 M STREET RIVER AVENUE �"CONSTRUCT COLD ! JOINT AT R PA OF 1'3 „t 1 iVt -1t W `� 10:x5 FS f ~3 5 F� o o Moot ...1 O �Q �o PATIO A - - z 1 / Z5 BLDG 4709 CONSTRUCTION NOTES: (THIS PLAN ONLY) 6” CURB & GUTTER PER STREET PLANS 4" THICK PCC SIDEWALK STREET PLANS O3 - CONSTRUCT RETAINING WALL PER DETAIL A HEREON CONSTRUCT 30 "t HIGH BLOCK FENCE PER CITY BUILDING DEPT SIDS. ATTACH TO RETAINING WALL. OS - CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE MATCH EXISTING COLOR, FINISH, ETC -� 06- STUCCO BOTH SIDES OF EXPOSED WALL. MATCH EXISTING ��// COLOR & TEXTURE SAWCUT CONSTRUCT PCC STEPS PER SPPWC STD 640 -2 i� 4 STEPS - R =6.5" - T =12" PATIO 2 SECTION A -A CIVIL WORKS Englnearos,, Inc. 3C mM'r G9Mt63deS] qvh (77q 966-W / SAWCUT / AT NEAREST JOINT ram N 09 OI 0 F L �w 0 4703 SCALE: 1"=10' DISPOSITION NOTES: (THIS PLAN ONLY) ��aPROTECT -IN -PLACE (ITEM PER PLAN) m REMOVE CONCRETE 3 REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 4" HIGH & 6" WIDE, PRECISION BLOCK FINISH, GREY COLOR. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM FS = FINISHED SURFACE PA = PLANTING AREA TRW = TOP RETAINING WALL TIN = TOP OF BLOCK FENCE/WALL 4709 RIVER AVENUE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2 — #4 HORIZ. CON'T. CHORD BARS ® BOND BEAM BLOCK MASONRY RETAINING WALL. FILL ALL CELLS WITH GROUT #4 HORIZ. CON'T RE —BAR ® 32" O/C OMIT HEAD JOINT ® FIRST COURSE ® 32" 0/C FINISHED GRADE- ml vi ") M R FINISHED GRADE RX i "P,1, �W X BARS 2" x 0 I M T Z BARS L: N N 2" 2 — #4 BARS B NOTES: 1. IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL ABOVE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT. 3. CONCRETE SHALL BE MACHINE —MIXED 2,500 P.S.I. ® 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. H I T I B I X BARS Y BARS I Z BARS 10'-316- 11 ' -10° 3®24" O/C I NONE 1 #3048- O C DETAIL A DEMO & IMPROVEMENTS PER STREET PLANS m mmm SECTION A -A PATIO `— STREET i' RIVER AVENUE _ 0 N 2 1 0 ' M N PA _ rn m R `O NI CONSTRUCT G> ni JOINT AT It PA 4.47' TRW •10.0•.FG.. co 0404 W g o o ; a. r. �coo O p •- ���v 4715, ; A006 o o / BLDG / 4709 O 2 10 20 CONSTRUCTION NOTES: SCALE: 1"=10' (THIS PLAN ONLY) 1� 6" CURB & GUTTER PER STREET PLANS O2 — 4" THICK PCC SIDEWALK STREET PLANS O3 — CONSTRUCT RETAINING WALL PER DETAIL A HEREON 4O— CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE MATCH EXISTING COLOR, FINISH, ETC OS — CONSTRUCT PCC STEPS PER SPPWC STD 640 -2 5 STEPS — R =6" — T =12" ^� MODIFY IRRIGATION SYSTEM AS REQUIRED 9INSTALL CLASS 'A' TOP SOIL AS NEEDED 8 INSTALL PLANTING — MATCH EXISTING CIVIL WORKS Engineers, Inc. 3111 A,u� Score &] P14) 96&NM 926M 4 wMM DISPOSITION NOTES: (THIS PLAN ONLY) 1 PROTECT —IN —PLACE (ITEM PER PLAN) 2 REMOVE CONCRETE 3 REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOUTION & IMPROVEMENTS WITHIN PUBLIC RIGHT —OF —WAY. 2, MASONRY BLOCK SHALL BE 4" HIGH & 6" WIDE, SLUMPED BLOCK FINISH, TAN COLOR. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 —C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FG = FINISHED GROUND FS = FINISHED SURFACE PA — PLANTING AREA TRW = TOP RETAINING WALL 4715 RIVER AVENUE CITY OF NEWPORT BEACH PUBLIC WOFli3 DEPAMMBff 2 - #4 HORIZ. CON'T. CHORD BARS 0 BOND BEAM BLOCK �I MASONRY RETAINING WALL FILL ALL CELLS WITH GROUT�� #4 HORIZ. CON'T _ RE -BAR 0 32" 0/C OMIT HEAD JOINT 0 FIRST COURSE 0 32" 0/C FINISHED GRADE b Z FINISHED GRADE 2- #4J BARS 3" 6 0 I r, NOTES: 1. IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL A80VE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT. 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. 0 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. H 1 T I B 1 X BARS 1 Y BARS 1 Z BARS -316" 11 ' -10" 1 #3024- O/C I NONE 1 #3048- 0 C DETAIL A :yJ . X BARS 2' & IMPROVEMENTS x PER T 3't Z BARS �n� N N 2- #4J BARS 3" 6 0 I r, NOTES: 1. IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL A80VE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT. 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. 0 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. H 1 T I B 1 X BARS 1 Y BARS 1 Z BARS -316" 11 ' -10" 1 #3024- O/C I NONE 1 #3048- 0 C L_ SECTION A -A - SAWCUT LINE �� PATIO 21 STREET rL RIVER AVENUE CONSTRUCTION NOTES: (THIS PLAN ONLY) 6" CURB & GUTTER PER STREET PLANS Za- 4" THICK PCC SIDEWALK STREET PLANS 3a- CONSTRUCT RETAINING WALL PER DETAIL A HEREON O4 - CONSTRUCT 30 "f HIGH BLOCK FENCE PER CITY BUILDING STANDARDS. ATTACH TO RETAINING WALL. PAINT BOTH SIDES OF EXPOSED WALL TO MATCH EXISTING. CONSTRUCT PCC STEPS PER SPPWC STD 640 -2 5 STEPS - R =6" - T =12" 7O- CONSTRUCT AREA DRAIN WITH ATRIUM GRATE 8� CONSTRUCT CURB DRAIN PER CITY STD -184 -L 9 INSTALL CLASS 'A' TOPSOIL AS NEEDED 10 MODIFY EXISTING IRRIGATION SYSTEM AS NEEDED 11 INSTALL PLANTING - MATCH EXISTING DISPOSITION NOTES: (THIS PLAN ONLY) 1 PROTECT -IN -PLACE (ITEM PER PLAN) 2 REMOVE CONCRETE 3 REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 4" HIGH & 6" WIDE, SLUMPED BLOCK FINISH, TAN COLOR. PAINT TO MATCH EXISTING. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FG = FINISHED GROUND FS = FINISHED SURFACE PA = PLANTING AREA TRW = TOP RETAINING WALL TW = TOP OF BLOCK WALL /FENCE DETAIL A R DEMO & IMPROVEMENTS PER STREET PLANS 3't �n� M L_ SECTION A -A - SAWCUT LINE �� PATIO 21 STREET rL RIVER AVENUE CONSTRUCTION NOTES: (THIS PLAN ONLY) 6" CURB & GUTTER PER STREET PLANS Za- 4" THICK PCC SIDEWALK STREET PLANS 3a- CONSTRUCT RETAINING WALL PER DETAIL A HEREON O4 - CONSTRUCT 30 "f HIGH BLOCK FENCE PER CITY BUILDING STANDARDS. ATTACH TO RETAINING WALL. PAINT BOTH SIDES OF EXPOSED WALL TO MATCH EXISTING. CONSTRUCT PCC STEPS PER SPPWC STD 640 -2 5 STEPS - R =6" - T =12" 7O- CONSTRUCT AREA DRAIN WITH ATRIUM GRATE 8� CONSTRUCT CURB DRAIN PER CITY STD -184 -L 9 INSTALL CLASS 'A' TOPSOIL AS NEEDED 10 MODIFY EXISTING IRRIGATION SYSTEM AS NEEDED 11 INSTALL PLANTING - MATCH EXISTING DISPOSITION NOTES: (THIS PLAN ONLY) 1 PROTECT -IN -PLACE (ITEM PER PLAN) 2 REMOVE CONCRETE 3 REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 4" HIGH & 6" WIDE, SLUMPED BLOCK FINISH, TAN COLOR. PAINT TO MATCH EXISTING. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FG = FINISHED GROUND FS = FINISHED SURFACE PA = PLANTING AREA TRW = TOP RETAINING WALL TW = TOP OF BLOCK WALL /FENCE 2 - #4 HORIZ. CONT. CHORD BARS ® BOND BEAM BLOCK MASONRY RETAINING WALL. FILL ALL CELLS WITH GROUT #4 HORIZ. CONT RE -BAR ® 32" 0/C OMIT HEAD JOINT ® FIRST COURSE ® 32" 0/C FINISHED wis 1A M R FINISHED GRADE X BARS 2' x , 0 I ih T Z BARS N N 2" 2 - #4 BARS B NOTES: 1. IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL ABOVE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT. 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. ® 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. H I T I B I X BARS I Y BARS I Z BARS 10'-316" 11 ' -10" 3 024" O/C I NONE 1 #3048- O C DETAIL A DEMO & IMPROVEMENTS PER STREET PLANS J 3 3 I SECTION A -A PATIO ___ / 7-- t�W Mw l r/ Lo 1 rA o PA CQN;3TRUCT COLD- . : JOINT AT It 210 N a Q' W / m 224 CONSTRUCTION NOTES: (THIS PLAN ONLY) O1 — 6" CURB & GUTTER PER STREET PLANS 4" THICK PCC SIDEWALK STREET PLANS 3�- CONSTRUCT RETAINING WALL PER DETAIL A HEREON O4 — CONSTRUCT 30 "t HIGH BLOCK FENCE PER CITY BUILDING STANDARDS. ATTACH TO RETAINING WALL. RELOCATE EXIS1NG SHRUBS. NEW LOCATION PER OWNER. INSTALL CLASS 'A' TOP SOIL AS NEEDED. 7 MODIFY IRRIGATION SYSTEM AS NEEDED. A 1 S PATIO 6m-A. �sTREEr � RIVER AVENUE PA 4719 i 0 $ 1 d X20 SCALE: 1 " =10 'THIS PLAN ONLY) 1 PROTECT -IN -PLACE (ITEM PER PLAN) 2 REMOVE CONCRETE 3 REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 4" HIGH & 6" WIDE, SLUMPED BLOCK FINISH, GREY COLOR. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. ABBREVIATIONS FG - FINISHED GROUND FS = FINISHED SURFACE PA = PLANTING AREA TRW = TOP RETAINING WALL TW = TOP OF BLOCK WALL/FENCE I rB a PA to �STREET TL RIVER AVENUE 7-1 T.-2-0 R '1.1'.20. TRW' (10.7) FG /:•.-••- , C i (11.03) FG `B 10.7 FG �' f DRWY { I. -- •� (11.21 FG I it i 0 5 10 20 SCALE. 1 " -10' 1 i.zv 11.21 i 8 ,I°_ / 11.20 TRW 11.0 FG 13.4 TW t1.4 -TRW 11. S�FS _ PATIO 4801 : / J , It / Fil F5 FS / F5 i / ! I CONSTRUCTION NOTES: (THIS PLAN ONLY) / ta- 6" CURB & GUTTER PER STREET PLANS 4" THICK PCC SIDEWALK STREET PLANS / 3a- CONSTRUCT RETAINING WALL PER DETAIL A O4 - CONSTRUCT 30 "t HIGH BLOCK FENCE PER CITY BUILDING STANDARDS. ATTACH TO RETAINING WALL CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE MATCH EXISTING COLOR, FINISH, ETC �`_ -- 6& CONSTRUCT PCC STEPS PER SPPWC STD PLAN 540 -2 3 STEPS - R =6" - T =12" REPLACE PLANTING - MATCH EXISTING INSTALL CLASS 'A' TOP SOIL AS NEEDED. MODIFY IRRIGATION SYSTEM AS NEEDED. DISPOSITION NOTES: (THIS PLAN ONLY) 1 PROTECT -IN-PLACE (ITEM PER PLAN) 2REMOVE CONCRETE REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 6" HIGH & 6" WIDE, SPLIT TAN COLOR. FACE FINISH (BOTH 3. MATERIIALSCTO BE APPROVED SIDES). CITY & OWNER PRIOR TO CONSTRUCTION. / 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FG = FINISHED GROUND FS = FINISHED SURFACE PA = PLANTING AREA TRW = TOP RETAINING WALL TW = TOP OF BLACK WALL /FENCE J R 2 - #4 HORIZ. CON'T. CHORD BARS 0 BOND BEAM BLOCK �I MASONRY RETAINING WALL FILL ALL CELLS WITH GROUT #4 HORIZ. CON'TJ RE -BAR ® 32" 0/C OMIT HEAD JOINT ® FIRST COURSE ® 32" O/C FINISHED GRADE m1= FINISHED GRADE 2 2- #4 BARS 3• B O n NOTES: 1. IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL ABOVE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT. 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. ® 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. f'L DEMO & IMPROVEMENTS 5' i PER STREET PLANS 1 7 8 9 3 SECTION A -A DEMO & IMPROVEMENTS G? PER STREET PLANS 5' H 1 T B X BARS Y BARS Z BARS - ---�- _ _- - 10'-316- 1' -10" #3 024" O/C NONE #3 048" 0/C - - J DETAIL A 17 SECTION B -B b G'^ X BARS 2" x T Z BARS N r 2 2- #4 BARS 3• B O n NOTES: 1. IT IS ASSUMED THAT THERE IS NO SURCHARGE ON WALL. 2. FINISH GRADE SHALL BE LEVEL ABOVE & BELOW THE WALL FOR A DISTANCE EQUAL TO WALL HEIGHT. 3. CONCRETE SHALL BE MACHINE -MIXED 2,500 P.S.I. ® 28 DAY ULTIMATE COMPRESSIVE STRENGTH 4. CONCRETE MASONRY BLOCK SHALL BE GRADE "A" UNITS, PER S.S.T.M. C90 -52. 5. GROUT SHALL BE 1 PART CEMENT TO 3 PARTS SAND. (MIN. 1500 P.S.I.) 6. ALL BACKFILL SHALL BE COMPACTED TO 90% DENSITY. 7. REINFORCING BAR OVERLAP SHALL BE 40 BAR DIAMETER MINIMUM. f'L DEMO & IMPROVEMENTS 5' i PER STREET PLANS 1 7 8 9 3 SECTION A -A DEMO & IMPROVEMENTS G? PER STREET PLANS 5' H 1 T B X BARS Y BARS Z BARS - ---�- _ _- - 10'-316- 1' -10" #3 024" O/C NONE #3 048" 0/C - - J DETAIL A 17 SECTION B -B DEMO & IMPROVEMENTS PER STREET PLANS 3 e 3B r0 3 3C 2 I I SECTION A -A 3't PATIO 6 7 ui W U) L 0) qlT — — — - -7i — `�1STREEf I;- RIVER AVENUE N 2 b A , �f 6 7 r 3 (nI PA PA _ — - CONSTRUCT COLD = JOINT AT cE N ,p O M a0 Qj X M O 4 5 v! SOU W n O O LA� o z (10.38) FS z �` 1a PATIO 4835 I' A SEAARESt I IlQINT . 4831 4 10 ?o niconsmnni MnTC:Q- SCALE: 1 " =10' V1 - 6" CURB PER STREET PLANS 4" THICK PCC SIDEWALK STREET PLANS CONSTRUCT BLOCK FENCE PER CITY BUILDING STANDARDS JOIN EXISTING WALL 3B REMOVE & RE- INSTALL EXISTING WALL CAP STUCCO BOTH SIDES OF EXPOSED WALL. MATCH EXISTING COLOR AND TEXTURE 4� CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE MATCH EXISTING COLOR, FINISH, ETC O5 - RECONSTRUCT EXISTING DECORATIVE PAVING STRIP MATCH EXISTING 6 INSTALL CLASS 'A' TOP SOIL AS REQUIRED /7 MODIFY IRRIGATION AS REQUIRED INSTALL PLANTING - MATCH EXISTING (THIS PLAN ONLY) 1 PROTECT -IN -PLACE (ITEM PER PLAN) 2 REMOVE CONCRETE 3 REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 6" HIGH & 6" WIDE, PRECISION BLOCK FINISH, GREY COLOR. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FG = FINISHED GROUND FS = FINISHED SURFACE PA = PLANTING AREA TW = TOP OF BLOCK WALL/FENCE DEMO & IMPROVEMENTS PER STREET PLANS 3 1 SECTION A -A 3't PATIO 2 CONSTRUCTION NOTES: (THIS PLAN ONLY) O1 - 6" CURB PER STREET PLANS 4" THICK PCC SIDEWALK STREET PLANS CONSTRUCT BLOCK FENCE PER CITY BUILDING STANDARDS JOIN EXISTING WALL INSTALL CLASS 'A' TOP SOIL AS REQUIRED MODIFY IRRIGATION AS REQUIRED 6a INSTALL PLANTING - MATCH EXISTING RIVER AVENUE VVI \JIl�VVt I,VIV JOINT AT It SCALE: 1 " =10' DISPOSITION NOTES: (THIS PLAN ONLY) 1 9 REMPROTECT -IN -PLACE (ITEM PER PLAN) 2 OVE CONCRETE. U-- REMOVE WALL GENERAL NOTES 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOLITION & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 2. MASONRY BLOCK SHALL BE 6" HIGH & 6" WIDE, SLUMPED BLOCK FINISH, TAN COLOR. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. ABBREVIATIONS FG = FINISHED GROUND FS = FINISHED SURFACE PA = PLANTING AREA TW = TOP OF BLOCK WALL(FENCE STREET r, RIVER AVENUE i N o„ 1 O 17 PA W I PATIO WALL 3 JOIN EXISING WALL 15• SAWCUT AT 4 NEAREST JOINT 5 2 1 4901 WALL JOIN EXISTING WALL 10 20 SCALE: 1 " =10' CONSTRUCTION NOTES: DISPOSITION NOTES: (THIS PLAN ONLY) (THIS PLAN ONLY) O1 - 6" CURB PER STREET PLANS 1 PROTECT -IN -PLACE (ITEM PER PLAN) 4" THICK PCC SIDEWALK STREET PLANS 2 REMOVE CONCRETE RE- CONSTRUCT BRICK PER CITY BUILDING STANDARDS 3 REMOVE WALL MATCH EXISTING CONDITIONS GENERAL NOTES 0- CONSTRUCT 4" THICK PCC OVER COMPACTED SUBGRADE 1. SEE STREET IMPROVEMENT PLANS FOR ALL DEMOU71ON & IMPROVEMENTS WITHIN PUBLIC RIGHT -OF -WAY. 5O- RESET EXISTING AREA DRAIN 2. BRICK SHALL MATCH EXISTING. 3. MATERIALS TO BE APPROVED BY CITY & OWNER PRIOR TO CONSTRUCTION. 4. CONCRETE PAVEMENT MIX: 520 -C -2500 5. INSTALL CONTROL JOINTS IN PAVEMENT TO MATCH EXISTING OR 10' OC MAXIMUM ABBREVIATIONS FG = FINISHED GROUND FS = FINISHED SURFACE PA = PLANTING AREA TW = TOP OF BLOCK WALL /FENCE r.IM