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HomeMy WebLinkAboutC-3731 - Newport Coast Elementary School Loop Road Landscape and IrrigationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 28, 2006 FYR Landscaping, Inc. dba Pierre Sprinkler and Landscape 16015 Sherman Way Van Nuys, CA 91406 Subject: Newport Coast Elementary School Loop Road Landscape and Irrigation (C -3731) To Whom It May Concern: On June 28, 2005, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 10, 2005. The Surety for the contract is Arch Insurance Company, and the bond number is SU5010224. Enclosed is the Faithful Performance Bond. Sincerely, y &"' / y/ /y� . /4� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Of lce Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 BOND NO. SU5010224 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is S2, 909.00 ** , being at the rate of $ 20.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to FYR LANDSCAPING, INC., DBA PIERRE SPRINKLER AND LANDSCAPE, hereinafter designated as the "Principal ", a contract for construction of NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION, Contract No. 3731 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. 3731 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and ARCH 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 hundred forth -five thousand, four hundred sixty and 00/100 Dollars ($145,460.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the 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 2nd day of November '2004. FYR LANDSCAPING, INC., DBA PIERRE SPRINKLER AND LANDSCAPE (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. Los Robles Avenue, Ste. 825 Pasadena, CA 91101 Address of Surety (626) 639 -5254 Telephone uth6dzed Signat re�� Authorized Agent Signature Carol Strum Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 Stateof California Countyof Ventura On November 2, 2004 before me, John Strum., Notary Public DATE NAME. TITLE OF OFFICER • E.G..'JANE DOE, NOTARY PUBLIC' personally appeared Carol Strum NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their _ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JOHN STRUM 0 NOTARY PUBLIC-CALIFORNIA W WITNESS my ha and official seal. VENTURA COUNTY 0 COMM. EXP. APRIL 13.2005 sIGNATDRE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmF(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® A7TORNEY4N -FACT ❑ TRUSTEE(S) ❑ GUARDWVCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONM OR ENITYMS) Arch Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Performance Bond #SU5010224 TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 11/02/04 alSIai1;1I1e14 M:rkII SIGNER(S) OTHER THAN NAMED ABOVE 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 10, 2005 FYR Landscaping Inc. dba Pierre Sprinkler and Landscape 16015 Sherman Way Van Nuys, CA 91406 Subject: Newport Coast Elementary School Loop Road Landscape and Irrigation (C -3731) To Whom It May Concern: On June 28, 2005, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 6, 2005, Reference No. 2005000521293. The Surety for the contract is Arch Insurance Company, and the bond number is SU5010224. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 BOND NO. SU5010224 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to FYR LANDSCAPING, INC., DBA PIERRE SPRINKLER AND LANDSCAPE, hereinafter designated as the "Principal," a contract for construction of NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION, Contract No. 3731 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 cf. 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. 3731 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, ARCH 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 hundred forth -five thousand, four hundred sixty and 00/100 Dollars ($145,460.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section, 3250 of the Civil Code of the State of California. 26 9 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2nd day of November _'2004. FYR LANDSCAPING, INC., DBA PIERRE SPRINKLER AND LANDSCAPE (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. Los Robles Avenue, Ste. 825 Pasadena, CA 91101 thorized Signat alTitle Authorized Agent Signature Carol Strum Attorney -in -fact Address of Surety Print Name and Title (626) 639 -5254 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 • POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Carol Strum of Thousand Oaks, CA its true and lawful Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reccgnizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Stateof California County of Ventura On November 2, 2004 DATE i before me John Strum„ Notary Public NAME. TRL'- CF OFFICER - E.G.. VANE CCE, NOTARY PUBLIC' personally appeared Carol Strum NAMES) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their _ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �� ST 2UTA1 WITNESS my hand and official seal. r < 0 �i TARyy PU L1C- CAGEFORNIA ;�" VENTURA COUNT'( CONIM. EX ". APRIL 13, 2005' O Pl Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnLE;$) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL M ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI Y(IES) Arch Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Payment Bond #SU5010224 TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES 11/02/04 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE License Detail • • Page I of License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 638989 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments known to the CSLB are di • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 10/28/2004 * * * Business Information * * * F Y R LANDSCAPING INC dba: PIERRE SPRINKLER AND LANDSCAPE 16015 SHERMAN WAY VAN NUYS, CA 91406 Business Phone Number: (818) 373 -0023 Entity: Corporation Issue Date: 0310911992 Expire Date: 0313112006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description FA GENERAL ENGINEERING CONTRACTOR C27 LANDSCAPING ©GENERAL BUILDING CONTRACTOR * * * Bonding Information * * * http: / /www2.cslb.ca.2ov /CSLB LIBRARY /License Detail n..qn 1nnRi�nnd License Detail • • Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 1031684 in the arr $10,000 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) DAVI REED III certified that he /she owns 10 percent or more of the voting stock/equity of the corl A bond of qualifying individual is not required. Effective Date: 03109/1992 BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) HA FRANKLIN YOUNG II certified that he /she owns 10 percent or more of the voting stock/egL corporation. A bond of qualifying individual is not required. Effective Date: 03/09/1992 * * * Workers Compensation Information * * * This license has workers compensation insurance with the EVEREST NATIONAL INSURANCE COMPANY (3138 -5) Policy Number: 380002572031 Effective Date: 04/0112003 Expire Date: 04/011200° Workers Compensation HiListory Personnel listed on this license (current or disassociated) are listed on other lice) Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2004 State of California. Conditions of Use Privacy Policy httD: / /www2.csib.ca.gov /CSLB T,TBRARY /T .iren.cri)etail acr, ini ,)Ri ,)nna 9 RECOROING REQUESTED BY AND WHEN RECORDED RETURN TO: I1; 1 " c C, g City SClerk City of Newport Beach 3300 Newport $oulevard Newport Beach; CA 92663 a Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder lI1 1111 !11111111!1111111111111111111" 111111!! 111111111 11111111!IIIIIII!i!lINO FEE 2005000521293 03.25pm 07/06/05 115 45 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from r pursuant to Governmerecont Cor/ien Vectiees on 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and FYR Landscaping Inc., dba Pierre Sprinkler and Landscape, of Van Nuys, California, as Contractor, entered into a Contract on November 9. 2004. Said Contract set forth certain improvements, as follows: Newport Coast Elementary School Loop Road Landscape & Irrigation (C -3731) Work on said Contract was completed on June 7 2005, and was found to be acceptable on June 28. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. Rub Wp(rA Director City of Xfiewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a9, at Newport Beach, California. BYOU wQ �C�r -I of Nflt.. City Clerk. • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 29, 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Cgmpletion (C -3630, C -3644, C -3645, C -3647, C -3667 and C -3731) � Please record the enclosed six (6) documents and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 xempt om recordin fees pursuant to Government Code -Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and FYR Landscaping Inc., dba Pierre Sprinkler and Landscape, of Van Nuys, California, as Contractor, entered into a Contract on November 9, 2004. Said Contract set forth certain improvements, as follows: Newport Coast Elementary School Loop Road Landscape & Irrigation (C -3731) Work on said Contract was completed on June 7, 2005, and was found to be acceptable on June 28. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. P--ub itrW9* Director City of port Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. op Executed on a 0A00S at Newport Beach BY of NERD City Clerk .�� - California. 3�s I CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 June 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us �— SUBJECT: NEWPORT COAST ELEMENTARY SCHOOL (NCES) LOOP ROAD LANDSCAPE AND IRRIGATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3731 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On November 9, 2004, the City Council authorized the award of the NCES Loop Road Landscape and Irrigation contract to FYR Landscaping, Inc. dba Pierre Sprinkler and Landscape. This contract was an adjunct of the on -going cooperative effort between the City of Newport Beach and Newport Mesa Unified School District to relieve traffic congestion at Newport Coast Elementary School. The initial phase, construction of the Newport Coast Elementary School Loop Road, Contract No. 3684, was recently completed. Due to the proximity of the new loop road to existing residences, the City and the School District made a commitment to soften the appearance of the new asphalt roadway by planting trees and ground cover along the roadway perimeter. The project also provided the replacement of existing landscape and irrigation improvements, which were impacted by construction of the loop road. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: 0 r CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 a.m. on the 26th day of October, 2004, at which time such bids shall be opened and read for NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION Title of Project Contract No. 3731 $160,000.00 Engineer's Estimate r .M Aphen G. Badum lic Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: http://www.city.newport be a c h. ca . u s/o bwb i d l i st/d efa u l t. a s p Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Emmet P. Berkery, Project Manager at (949) 752 -5221 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 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 ................................................................. ...........................SP -1 `a • s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 0 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www. access. g po.gov /davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. � 38989 Col ? r3, ,4 Contractor's License No. & Classification )Cyk L4A- 0,_5cAV1.J4,1,Jc. 176,4 Pic�.e2cs SO2uKCe.� ,avo lspu0 .5c,9.�c' Bidder rAuthori e ignature/Title /v -z6 - oy Date " Premium for this bond included in the • bid bond •rvice undertaking, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 BIDDER'S BOND #5005551 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of (10 %) Ten percent of amount bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION, Contract No. 3731 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the dale of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. 1Mtness our hands this 21st day of October , 2004. FYR LANDSCAPING, INC., DBA: PIERRE SPRINKLER AND LANDSCAPE Name of Contractor (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. Los Robles Avenue, #825 Pasadena, CA 91101 Address of Surety (626) 639 -5254 Telephone t'lori ed SlgnaturelTitle Authorized Agent Signature Carol Strum, Attorney -in -fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) • POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Carol Strum of Thousand Oaks, CA its true and lawful Attomey(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. I- 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On October 21, 2004 before me, John Strum, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared Carol Strum NAME(S) OF SIGNER(S) ❑D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. w.: JOHN STRUM COMM.# 1300629 WITNESS my han and official seal. t ti - NOTARY PUBLIC- CALIFORNIA VENTURACOUNTY O on COMM. EXP. APRIL 131 2005 " O PTI Though the data below is not required by law, it may prove val fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mLE1s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT TY(IES) Arch Insurance Company OF NOTARY relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT Bid Bond d #5005551 TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES 10/21/04 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A.M. Best's Rating for Arch InOance Company . Page 1 of 1 03186 - Arch Insurance Company Member of Arch Capital Group (U.S.) A.M. Best #: 03186 NAIC #: 11150 View a list of group members or the group's rating Best's Rating M E3FST A- (Excellent)' Financial Size Category XIII ($1.25 billion to $1.5 billion) `Ratings as of 10/28/2000 02:49:13 PM E.S, r. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2004 by A.M. Best Company Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details, http: / /www3.ambest .com/ratings /ratiing.asp ?AMBNum= 03186 &Ref ium= 03186 &Site =ra... 10/28/2004 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone. State License Number: FYR:iLANDSCAPING, INC. DBA V.P., ESTIMATING PIERRE SPRINKLER AND LANDSCAPE Bidder Aut ri d rig—nature/Title 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name FYR LANDSCAPING, INC. DBA PIERRE SPRINKLER AND LANDSCAPE 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 MARIE KERR PARK RENOVATIONS PROJECT NO. 445 -5 Project Description LANDSCAPING & IRRIGATION PACKAGE FOR THE EXPANSION AND RENOVATION OF THE PARK Approximate Construction Dates: From 08/04 To: 04/05 Agency Name CITY OF PALMDALE, CALIFORNIA Contact Person JOHN KATELY, C.W. DRIVERTelephone( )661- 225 -9406 Original Contract Amount $ SAME Final Contract Amount $ 1, 589 , 300.00 If final amount is different from on inal, please explain (change orders, extra work, etc.) JOB STILL IN PROGRESS, NO CHANGE ORDERS TO DATE 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 rA No. 2 Project Name /Number SANTA ANA H. S. #6 (SEGERSTROM H.S.) PROJ. NO. 37 -35 -03 Project Description INSTALL IRRIGATION, LANDSCAPING, FENCING, SPORTSFIELDS Approximate Construction Dates: From 09/03 To: 11/04 Agency Name SANTA ANA UNIFIED SCHOOL DISTRICT Contact Person JAVIER RODRIGUEZ, PCM3 Telephone( ) (714) 241 -0270 Original Contract Amount $ Final Contract Amount $ 1 , 341 , 000.00 If final amount is different from original, please explain (change orders, extra work, etc.) PROJECT IS STILL ONGOING - NO CHANGE ORDERS TO DATE Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number PALOS VERDES IRRIGATION GROUPS @ & 3 Project Description LANDSCAPE & IRRIGATION FOR 14 SCHOOLS Approximate Construction Dates: From 02/01 Tn 10/02 Agency Name PALOS VERDES UNIFIED SCHOOL DISTRICT Contact Person SARA BETH HORAN, Telephone( )(310) 375 -8105 VANIR CONSTRUCTION Original Contract Amount $ Final Contract Amount $ 814 , 000.00 If final amount is different from onginal, please explain (change orders, extra work, etc.) NK 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 C No. 4 Project Name /Number MANUEAL ESQUEDA ELEMENTARY SCHOOL PROJ. NO. 37 -38 -03 Project Description LANDSCAPE AND IRRIGATION INSTALLATIONS Approximate Construction Dates: From 09/03 To: 12/04 Agency Name SANTA ANA UNIFIED SCHOOL DISTRICT Contact Person RICK JONES, PCM3 Telephone( ) (323) 855 -7837 Original Contract Amount $ Final Contract Amount $ 463 , 000.00 If final amount is different from original, please explain (change orders, extra work, etc.) PROJECT IS ONGOING - NO CHANGE ORDERS TO DATE Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number EAGLE ROCK RECREATION CENTER PROJ. NO. E170402D Project Description GYM RENOVATION AND LANDSCAPING & IRRIGATION INSTALL Approximate Construction Dates: From 08/04 10/04 Agency Name CITY OF LOS ANGELES DEPARTMENT OF PARKS AND RECREATION Contact Person MICHAEL WANG, TOBO CNST.Telephone( ) (213) 923 -9684 Original Contract Amount $ Final Contract Amount $ 237,380.54 If final amount is different from original, please explain (change orders, extra work, etc.) PROJECT IS ONGOING - NO CHANGE ORDERS 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. M No.6 SAN BERNARDINO COMMUNITY COLLEGE Project Name /Number LIFE SCIENCES BUILDING PROJ. NO. LSB -04 Project Description LANDSCAPING AND IRRIGATION Approximate Construction Dates: From 01/03 To: 10/04 Agency Name SAN BERNARDINO COMMUNITY COLLEGE DISTRICT Contact Person RICK WILLISON, BERNARDS Telephone ( )(909) 885 -3788 218,651nxua. Original Contract Amount $ Final Contract Amount $ 221 , 048.00 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS FOR ADDITIONAL WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. FYR LANDSCAPING, INC. DBA PIERRE SPRINKLER AND LANDSCAPE Bidder rO TING 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of LOS ANGEILES JOE LOWDEN being first duly sworn, deposes and says that he or she is VICE RPES..ESTIMATING of FYR LANDSCAPING. INC..., the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. FYR LANDSCAPING, INC. DBA PIERRE SPRINKLER AND LANDSCAPE 1LT--,ESTIMATING Bidder Authorize Signature/Title Subscribed and sworn to before me this — cq day of �C�UhP� 2004. [SEAL] Notary Public ry H ORAH NECRE E GRE De COMMA 1387618 1 RR- y% _ tCTARY .C- CALFOftNIA My Commission Expires: �ot �v �J� LOS ANGELES C N7Y -I uvocuu.eu�zsQCeueE�ze,sooe -� 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 DESIGNATION OF SURETIES Bidders name FYR LANDSCAPING, INC. DBA PIERRE SPRINKLER AND LANDSCAPE 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): LANDSCAPE CONTRACTORS INSURANCE SERVICES, INC. FOR BONDS AND INSURANCE BONDING AGENT: CAROL STRUM (800) 917 -6500 199 E. THOUSAND OAKS BLVD #103, THOUSAND OAKS, CA 91360 INSURANCE AGENT: AMY COLE (800) 628 -8735 ext 571 1835 NORTH FINE AVE, FRESNO, CA 93727 SURETY FOR BONDS: ARCH INSURANCE GROUP, ERIC SCHMALZ, REPRESENTATIVE 135 NORTH LOS ROBLES AVENUE #825, PASADENA, CA 91101 INSURANCE CARRIER: EVEREST NATIONAL INSURANCE COMPANY 477 MARTINSVILLE ROAD, P.O. BOX 830, LIBERTY CORNER, N.J. 07938 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 59 42 65 78 75 52 371 Total dollar Amount of 18,760 11,600 10,901 7,290 9,470 7,800 65,821 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 5 5 8 12 15 0 34 No. of lost workday cases involving permanent transfer to another job or termination of em to ment o 0 0 0 0 0 0 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 FYR LANDSCAPING, INC. DBA Legal Business Name of Bidder PIERRE SPRINKLER AND LANDSCAPE Business Address: 16o15 SHERMAN WAY, VAN NUYS CA 91406 Business Tel. No.: (818) 373 -0023 State Contractor's License No. and 638989 Classification: C27, B, A 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 those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title J v DDCCTnPMT SECRETARY If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 ACKNOWLEDGEMENT OF ADDENDA FYR LANDSCAPING, INC. DBA Bidders name PIERRE SPRINKLER AND LANDSCAPE The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I Sianature 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 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: FYR LANDSCAPING, INC. DBA PIERRE SPRINKLER Name of individual Contractor, Company or Corporation: AND LANDSCAPE Business Address: 16015 SHERMAN WAY, VAN NUYS, CA 91406 Telephone and Fax Number: (818) 373 -0023 FAX (818)373 -0056 California State Contractor's License No. and Class: 638989 C27, B, A (REQUIRED AT TIME OF AWARD) Original Date Issued: 03/09/92 Expiration Date: 03/31/06 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: NO JOB WALK WAS REQUIRED The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone HAROLD YOUNG. PRESIDENT 16015 SHERMAN WAY, VAN NUYS (818) 373 -0023 FYR LANDSCAPING. INC. DBA PIERRE SPRINKLER AND LANDSCAPE Corporation organized under the laws of the State of CALIFORNIA 16 9 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: PIERRE SPRINKLER AND LANDSCAPE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; NONE Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. NO 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 / No NO Are any claims or actions unresolved or outstanding? Yes / No NO 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. HAROLD YOUNG (Print name of Owner or President of Corporation /Company) FYR LANDSCAPING, INC. DBA PIERRE SPRINKLER AND LANDSCAPE � /PRESIDENT Bidder Authorized Signature/Title PRESIDENT ritle Date Subscribed and sworn to before me this day of 2004. [SEAL] 18 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On OCTOBER 26, 2004 NOTARY PUBLIC } ss. before me, DEBORAH A. NEGRETTE, personally appeared HAROLD YOUNG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose named is /dr'e subscribed to the within instrument and acknowledged to me that he /sVe /tpey executed the same in his /Vr /tlb6ir authorized capacity(ik5), and that by his /Wr /t*6ir signatureW on the instrument the personal, or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. r .Aw A. (EGRET rF CNM.#1387618 A OWYCOW61. NCTAAY PJq.0 - CALFCRNIA lCS A1.v^J.ESCIMNTY E S;LS OECEOSER i8, $108 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Information Required of Bidder THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages T Date of Document Signer(s) Other Than Named Above 0 41 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 CONTRACT THIS AGREEMENT, entered into this /�57day of /✓D ✓. , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and FYR LANDSCAPING, INC., DBA PIERRE SPRINKLER AND LANDSCAPE, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION Project Description 3731 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3731, 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. Nr. n U L C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One hundred forth -five thousand, four hundred sixty and 00/100 Dollars ($145,460.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Emmet P. Berkery (949) 752 -5221 FYR Landscaping, Inc., dba Pierre Sprinkler and Landscape 16015 Sherman Way Van Nuys, CA 91406 818 - 373 -0023 818 - 373 -0056 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and vear first written above. APPROV AS TO FORM: it CITY Y 25 CITY OF NEWPORT BEACH A Municipal Corporation By: c Mayor FYR LANDSCAPING, INC., DBA PIERRE SPRINKLER AND LANDSCAPE By: ------ . Authorized Sig ature and Title P eEs o�T POLICY NUMBER: 1700001380 -041 COMMERCIAL GENERAL LIABII.TTY Pierre Sprinkler and Landscape (DBA) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 I1 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 11 -01 -2004 Name of Person or Organization: City of New Port Beach, its officer's agent's official's employees and volunteers As it pertains to Job @ Contract 43731 -Newport Coast Elementary School Loop Road Landscape & Irrigations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ECG 20 50112 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 POLICY NUMBER: 1700001380 -041 Pierre Sprinkler and Landscape (DBA) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization: 1. Required to be named as an additional insured in a written contract or agreement; and 2. Approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the limits of Insurance under this insurance shall not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No Coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of a. Your ongoing operations, or b. "Your Work" done under a contract with that additional insured and included in the "products - completed operations hazard ". ECG 20 502 0100 Page 1 of 1 POLICY NUMBER: 1700001380 -041 COMMERCIAL GENERAL LIABILITY Pierre Sprinkler and Landscape (DBA) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of New Port Beach, its officer's agent's official's employees and volunteers As it pertains to Job @ Contract #3731 - Newport Coast Elementary School Loop Road Landscape & Irrigations (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of you employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of New Port Beach Job Description All California Landscape Operations per Individual Contract Subject to $100.00 Minimum Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information above is required only when this endorsement is issued subsequently to preparation of the policy) EFFECTIVE DATE: 11 -01 -2004 POLICY NUMBER: 3800002572 -041 ENDORSEMENT NUMBER: INSURED: Pierre Sprinkler and Landscape (DBA) PREMIUM $ INSURANCE COMPANY — Everest National Insurance Company Countersigned By WC 04 03 06 Copyright 1983 National Council on Compensation Insurance. (Ed. 04 -84) v 10 04 09:18a Fax #: l� C // a77� �3i • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 7 Dept. /Contact Received From: l � 1(14 n C Date Completed: % /- ! 0 -0 Sent to: By: AN—r,; I c Company /Person required to have certificate: �, t� . t✓ !D n if S !X o e I. M GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII c C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? es ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? NYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. P.1 XYes ❑ No [Yes ❑ No AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII i C. ADMITTED COMPANY (Must be Califomia Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ,Yes F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): / Is it included? V) &- [-]Yes G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ,`Yes ❑ No AI. WORKERS' COMPENSATION r A. INSURANCE COMPANY: t,-\j2 B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include) HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Is it included? ❑ No ❑ No Yes ❑ No (Yes ❑ No 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 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. 3731 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 1. Lump Sum Mobilization eLLVE'j T eISANd - @ jocf >yU.D2rr� s,�rh- Dollars and 66�try Cents Per Lump Sum 2. 23,000 S.F. Soil Preparation & Fine Grading @ 2G2o Dollars and Cents Per Square Foot 3, 55 36 -Inch Box Tree @ S /,r f�uvatrt�a� e� <&6 0 Ilars and G wry Cents Per Each 0 0 PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 17 24 -Inch Box Tree @ i �xerE Al, ,axro 7 ,oT Dollars and Cents Per Each 5. 160 5- Gallon Shrub @ Dollars and L� 7 Cents � Lug , Per Each 6. 1310 Ground Cover (1 -gal) @ ,CoU2 Dollars and f /ULS Cents Per Each 7. 4420 Ground Cover (Flats) @ Dollars and 2r...1U1� Cents $ 9,6 Per Each 8. Lump Sum Retaining Wall Planting @C�� e�v�eey ✓irrra Dollars and Cents $ Per LurPe Lur mp Sum 9. 205 C.Y. Bark Mulch A/ /,v-" Dollars and Cents $ $� Per Cubic Yard • • PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10 11 12 1191 14. 15 500 S.F 15 L.F 6000 S.F Rock Blanket @ %6 c a Dollars and F /67_y Cents $ /d .sa Per Square Foot Concrete Mow Strip @ i w�cd� Dollars and Zee Cents Per Linear Foot Replacement Turf @ Z e z-o Dollars and ,5c vge 7-y 5eDe-.� Cents Per Square Foot Lump Sum NCES Irrigation System TNll.ry Glvc? TNCV�S.aNp @ Go2i7 Dollars and 2- Cents Per Lump Sum Lump Sum NCMCA Irrigation System r� °�SANq. � @T,tte'd&N_�.eez)Jvy Dollars and 0 &5u' Cents Per Lump Sum Lump Sum Tesoro CA Irrigation System �2' - / TIf2. Tff(J!/SNN�1 6 i @J- kWAel TG Dollars and 2 e14 Cents Per Lump Sum $ /W.°° $ 27 $ 1,,6,06 $ 35e�/0. u° $ $ 3, SyZ2, 0 • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Retaining Wall Irrigation System bN� i r1uu,SA^d @ -5,g�fJ dzti� Z�ollars and Cents $ 1, �✓'O °° Per Lump Sum 17. Lump Sum 90 -Day Maintenance Period @Fioe +o-swoA r l�veDollars and Z� Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS O,vcr f/r..-1e 4:0C7-7 7s�C-sA.r� �cw.Lf�uNae�o Srry Dollars and Z 6A--O Cents 10/26/04 Date (818)373 -0023 FAX (818) 373 -0056 Bidder's Telephone and Fax Numbers 638989 C27, B, A Bidder's License No(s) and Classification(s) Total Price (Figures) FYR LANDSCAPING, INC. DBA PIERRE SPRINKLER AND LANDSCAPE Bidder / V.P., ESTIMATING Bidde uthorized Signature and Title 015 SHERMAN WAY VAN NUYS, CA 91406 Bidder's Address f: \users\pbwshared \contracts \fy 04 -05 \newport coast loop rd landscape c- 3731\proposal c- 3731.doc 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION CONTRACT NO. 3731 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 1 SECTION 3 CHANGES IN WORK 1 3 -3 EXTRA WORK 1 3 -3.2 Payment 1 3 -3.2.3 Markup 1 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 2 5 -2 PROTECTION 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 2 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 2 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 3 6 -7.4 Working Hours 3 0 0 6 -9 LIQUIDATED DAMAGES 3 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -3 LIABILITY INSURANCE 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.6 Water Pollution Control 4 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.1 Traffic and Access 4 7 -10.2 Storage of Equipment and Materials in Public Streets 4 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -13 LAWS TO BE OBSERVED 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAYMENT 6 9 -3.1 General 6 9 -3.2 Partial and Final Payment 8 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 8 201 -1 PORTLAND AND CEMENT CONCRETE 8 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 9 212 -1 LANDSCAPE MATERIALS 9 212 -1.2 Soil Fertilizing and Conditioning Materials 9 212.1.2.3 Commercial Fertilizer 9 212 -1.2.4 Organic Soil Amendment 9 212 -1.2.5 Mulch 9 212 -1.2.6 Soil Herbicide 10 0 0 212 -1.4 Plants 10 212 -1.4.1 General 10 212 - 1.4.2.1.9 Fertilizer 11 212 -1.5.3 Tree Stakes 11 212 -2 Irrigation System Materials 11 212 -2.1.1 General 11 212 - 1.2.1.3 Plastic Pipe for Use With Weld Socket or Threaded Fillings 11 212 -2.2.2 Gate Valves 12 212 -2.2.4 Remove Control Valves 12 212 -2.2.6 Quick - Coupling Valves and Assemblies 12 212 -2.2.7 Valve Boxes 12 212 -2.2.8 Master Control Valves 13 212 -2.4 Sprinkler Equipment 13 212 -3 ELECTRICAL MATERIALS 13 212 -2.1 Conduit 13 212 -3.2.2 Conductors 13 PART 3 - -- CONSTRUCTION METHODS SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308 -1 GENERAL 14 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 14 308 -2.1 General 14 308 -2.2.1 Trenching 15 308 -2.3 Topsoil Preparation and Conditioning 15 308 -2.3.2 Fertilizing and Conditioning 15 308 -2.3.3 Weed Control 16 308 -2.4 Finish Grading 16 308 -3 HEADER INSTALLATION 17 308 -3.1 Concrete Headers 17 308 -4 PLANTING 17 308 -4.3 Layout and Plant Locations 17 308 -4.4 Specimen Planting 17 308 -4.5 Tree and Shrub Planting 18 308 -4.6 Planting, Staking and Guying 19 308 -4.7 Ground Cover and Vine Planting 19 308 -5 IRRIGATION SYSTEM INSTALLATION 19 308 -5.1 General 19 308 -5.2 Irrigation Pipeline Installation 20 308 -5.2.1 General 20 308 -5.2.3 Plastic Pipeline 20 308 -5.3 Installation of Valves, Valve Boxes and Special Equipment 21 308 -5.4 Sprinkler Head Installation and Adjustment 21 APPENDIX A California Department of Justice Bureau of Criminal Identification Information f \users \pbw \shared \contracts \fy 04- 05\newport coast loop rd landscape c- 3731\specs index c- 3731.doc 9 0 308 -5.6.1 General 21 308 -5.6.2 Mainline and Lateral Pipeline Pressure Test 22 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 22 308 -6.1 General 22 308 -6.2 Charts, Manuals, and Drawings 24 308 -6.2.1 As -Built Drawings 24 308 -6.2.2 Controller Charts 24 308 -6.2.3 Manuals 25 308 -6.3 Equipment 25 308 -6.3.1 Loose Equipment to be Furnished 25 APPENDIX A California Department of Justice Bureau of Criminal Identification Information f \users \pbw \shared \contracts \fy 04- 05\newport coast loop rd landscape c- 3731\specs index c- 3731.doc 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS • SP 1 OF 25 NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION IMPROVEMENTS CONTRACT NO. 3731 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5339 -S); (3) the City's (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 weed removal, soil preparation and fine grading, installing irrigation improvements, landscape improvements, maintenance period and other incidental items as required to complete the Work in place." 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 • SP 2 OF 25 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 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. • 0 SP 3 OF 25 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet his /her original schedule and has demonstrated that he /she will be able to maintain his /her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his /her overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work, excluding the maintenance period, under the Contract within 35 consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t,t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31" (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday, subject to the following additional restriction: Due to the necessity of keeping the Loop Road open for School use, the Contractor shall conduct his operations in such a manner that the Loop Road is completely open to vehicular traffic during the hours of 7 :00 AM to 9:00 AM and from 1 :30 PM to 4 :00 PM every day School is in session. The Contractor may conduct construction operations during these times, but shall not use or occupy any portion of the Loop Road pavement area (defined as between curbs) The Contractor may use the sidewalk portion of the Loop Road during these times. The Contractor, his /her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. 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 • • SP 3 OF 25 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet his /her original schedule and has demonstrated that he /she will be able to maintain his /her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his /her overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work, excluding the maintenance period, under the Contract within 35 consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1S' ` the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4'h, the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24'", (Christmas Eve — half day), December 25" (Christmas), and December 31 s' (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, subject to the following additional restriction: Due to the necessity of keeping the Loop Road open for School use, the Contractor shall conduct his operations in such a manner that the Loop Road is completely open to vehicular traffic during the hours of 7:00 AM to 9:00 AM and from 1:30 PM to 4:00 PM every day School is in session. The Contractor may conduct construction operations during these times, but shall not use or occupy any portion of the Loop Road pavement area (defined as between curbs) The Contractor may use the sidewalk portion of the Loop Road during these times. The Contractor, his /her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. 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 • • SP 4 OF 25 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 $1000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -3 LIABILITY INSURANCE. Add to this section: 'The Contractor shall name the City of Newport Beach, and Newport Mesa Unified School District as additional insured." 7 -8 PROJECT SITE MAINTENANCE 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw cutting 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." Existing sand /gravel bags shall be maintained in place unless otherwise directed by the Engineer. If necessary for construction of improvements, the Contractor shall carefully remove and store sand /gravel bags, and upon conclusion of work, replace them as directed by the Engineer. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section: "The Contractor shall replace at no cost to the City or District any and all improvements and /or existing turf which is damaged as a result of his operations." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. 7 -10.2 Storage of Equipment and Materials Within the Limits of Work. The Contractor, Contractor's employees and /or subcontractors, suppliers et al, shall not be allowed to store any equipment, vehicles, and /or materials within any part of the School playground or parking lot, during any time School is in session. Neither shall Contractor's employees and /or subcontractors, and /or suppliers be allowed to park any vehicles within the School paring lot whenever School is in session. A portion of the • • SP5OF25 School playfield, as noted on the Plans, will be made available for the purpose of storing construction materials. The Contractor shall enclose the storage area with 6 foot temporaty chain link fence. The Contractor shall provide the Engineer a plan showing the location of an area outside School property where his employees shall park their private vehicles and the method for transporting them to the construction site. During the hours of 9:00 AM to 1:00 PM while School is in session, the Contractor may close the Loop Road to public traffic and temporarily make use of it for his use. It is imperative, however, that the Loop Road be cleared of equipment and material, and open for use by the public, during the hours of 7:00 AM to 9:00 PM and 2:00 PM to 4:00 PM whenever School is in session. 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: 'The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." • • SP6OF25 7 -13 LAWS TO BE OBSERVED. Add to this section: "In accordance with current legislation, the contractor (and subcontractors) shall fill out the California Department of Justice Bureau of Criminal Identification and Information Applicant Processing Program for any and all personnel who will be employed on the project. Completed forms shall be submitted to the City within 10 calendar days after receipt of a Notice of Award issued by the City to Contractor. A sample form is included elsewhere in these Specifications as Appendix A." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor A License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed in the bid schedule shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance, and financing, providing the completed Department of Justice forms, , and construction schedule, and all other related work as required by the Contract Documents. • • SP 7 OF 25 Item No. 2 Soil Preparation and Fine Grading: Work under this item shall include rock removal, fine grading, soil import/export (if any), compaction and /or tillage as designated on the plans and as specified, and all other work as required to complete the work in place. Item No. 3 36 Inch Box Tree: Work under this item shall include furnishing and installing 36" box trees as located on the plans or as directed by the Engineer, including excavation and disposal of excess in -place material; installing root barriers; placement of planting tablets, soil amendments and gravel - filled PVC pipes; placement of backfill material:; grading of earthen berm: and all other work as required to complete the work in place. Item No. 4 24 Inch Box Tree: Work under this item shall include furnishing and installing 36" box trees as located on the plans or as directed by the Engineer, including excavation and disposal of excess in -place material; installing root barriers; placement of planting tablets, soil amendments and gravel - filled PVC pipes; placement of backfill material; grading of earthen berm; and all other work as required to complete the work in place. Item No. 5 5- Gallon Shrub: Work under this item shall include furnishing and installing 5- gallon shrubs as located on the plans or as directed by the Engineer, including excavation and disposal of excess in -place material; placement of planting tablets, soil mantle, and soil amendments; placement of backfill material; placement of mulch; grading of earthen berm; and all other work as required to complete the work in place. Item No. 6 Ground Cover: (1 Gallon): Work under this item shall include providing and planting the 1 gallon plants in a spacing and pattern as specified on the drawings, and specifications, and all other work as required to complete the work in place. Item No 7: Ground Cover (Flats): Work under this item shall include providing and planting the flats in a spacing and pattern as specified on the drawings, and specifications, and all other work as required to complete the work in place. Item No. 8: Retaining Wall Planting: Work under this item shall include planting of periwinkle in the wall cells planting of and trailing vinca at the top and bottom of the wall in a spacing and pattern as shown on the plans and as specified, and all other work as required to complete the work in place. Item No. 9: Bark Mulch: Work under this item shall include furnishing and placement of bark mulch as shown on the plans and as directed by the Engineer, and all other work as required to complete the work in place. Item No. 10: Rock Blanket: Work under this item shall include construction of the rock blanket at the locations indicated on the plans and as directed by the Engineer, and as detailed on the plans, and all other work as required to complete the work complete in place. • • SP8OF25 Item No. 11: Concrete Mowstrip: Work under this item shall include construction of the concrete mowstrip as detailed on the plans and as directed by the Engineer, and all other work as required to complete the work in place. Item No. 12: Replacement Turf (Sod): Work under this item shall include furnishing and planting of turf sod as shown on the plans and as directed in the field by the Engineer, and all other work as required to complete the work in place. Item No. 13: Newport Coast Elementary School (NCES) Irrigation System: Work under this item shall include furnishing and installing irrigation facilities and connection(s) to existing NCES irrigation system as shown on the plans and as specified, and all other work as required to complete the work in place. Item No. 14: Newport Coast Master Community Association ( NCMCA) Irrigation System: Work under this item shall include furnishing and installing irrigation facilities and connection(s) to existing NCMCA irrigation system as shown on the plans and as specified, and all other work as required to complete the work in place. Item No. 15: Retaining Wall Irrigation System: Work under this item shall include furnishing and installing irrigation facilities within the retaining wall and connection(s) to existing NCMCA irrigation system as shown on the plans and as specified, and all other work as required to complete the work in place. Item No. 16: Tesoro Community Association (TCA) Irrigation System: Work under this item shall include furnishing and installing irrigation facilities and connection(s) to existing TCA irrigation system as shown on the plans and as specified, and all other work as required to complete the work in place. Item No. 17: 90 -Day Maintenance Period: Work under this item shall include the maintenance of all landscaping and irrigation installed under this contract, including but not limited to: site irrigation, weed control, erosion control, pest and disease control, replacement planting and weeding, for a period of 90 days from completion of work to the satisfaction of the Engineer, and all other work as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE • • SP9OF25 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.2 Soil Fertilizing and Conditioning Materials 212 -1.2.3 Commercial Fertilizer [Add the following paragraphs]: "Commercial Fertilizers shall be delivered in sacks with the manufacturer's label showing weight and analysis attached to each sack. Planting Tablets: Provide slow - release type with potential acidity of not more than 5 percent by weight containing the following percents by weight of nutrients listed; 20- nitrogen, 10- phosphoric acid, 5- potash, 2.6 combined calcium, 1.6- combined sulfur 0.35 -iron (elemental) from ferrous sulfate. Provide in 21 gram tablets manufactured by Agriform, or other approved." 212 -1.2.4 Organic Soil Amendment Paragraph 1 shall be deleted and replaced with the following: Organic Soil amendment material shall conform to Type 1 unless otherwise designated. Delete paragraph references to Type 2 and Type 3 soil amendments. 212 -1.2.5 Mulch Sentence one of paragraph one shall be deleted and replaced with the following: "Mulch material shall be Type 5 mulch and replaced with the following: Mulch: Provide medium grind bark such as supplied by Blue Ribbon Landscape Supplies, (714) 633 -3666, consisting of fibrous, woody bark mixture of varied particle size such that 90 to 100 percent passes 1 inch sieve, 80 to 100 percent passes 1/2 inch sieve, and 20 to 60 percent passes '/< inch sieve, or approved equal. Submit sample for review and approval by City Project Manager prior to material delivery on -site. All planting areas to receive 3" of cover." The following subsection shall be added: 0 "212 -1.2.6 Soil Herbicide 0 SP 10 OF 25 A commercially manufactured non - selective herbicide for total control of vegetation products shall meet all federal and state regulations pertaining to the use of such substances. Application and rate of application shall follow manufacturer's recommendation. Application shall not be made until obtaining written approval from the City. Following City approval of Contractor herbicide, Contractor shall apply herbicide to all landscape areas. Such application shall be performed in consideration of overall construction schedule and operation so as not to disrupt or interfere with the project schedule and time line." 212 -1.4 Plants 212 -1.4.1 General. Subsection 212 -1.4.1 shall be deleted and replaced with the following: "A representative number of plants shall be inspected and approved at the nursery by the City Representative prior to shipment to the planting site. Prior to such visit, Contractor shall submit 3" x 5" color photographs of all proposed tree and shrub material for City's review. Photos shall be submitted seven (7) calendar days prior to specified plant material review at nursery site. Plants shall be inspected for size and condition of root growth, insects, injuries and latent defects. The City reserves the right to reject entire lots for plants represented by defective samples. Plant condition shall be in accordance with the California State Department of Agriculture's regulations for nursery inspections, rules and grading. All plants shall have a growth habit normal to the species and shall be sound, healthy, vigorous and free from insect pest, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well hardened off. All plants shall have normal well - developed branch systems, and vigorous and fibrous root systems which are neither root nor pot -bound and are free of kinked or girdling roots. Other than the normal side pruning during the growth period, no pruning shall be done prior to inspection at the nursery. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock, or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform with the measurements, if any, specified on the drawings in the list of plants to be furnished. Plants larger in size than specified may be used with the approval of the City, but the use of larger plants will make no change in contract price. Bare root plantings in publicly maintained areas shall be done only with special approval of City. Quantities and Types. Plant materials shall be furnished in the quantities and /or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and /or described in the Plant Legend, as indicated on the drawings. The landscape contractor is to verify all sizes and quantities on plans. Installation and use of substitute items shall not be made until the Contractor is in receipt of written approval from the City. Substitution Proposals for plant material must be accompanied by substantive written proof of non - availability of material originally specified prior to bid opening." 0 • SP 11 OF 25 Add the following subsection: "212- 1.4.2.1.9 Fertilizer Root Growth Stimulant: Stimulant shall be Vitamin B -1 as manufactured by Cal- Liquid, Cooke, Chican, Otiho, or other approved equal." 212 -1.5.3 Tree Stakes. The first paragraph shall be replaced with the following; Tree stakes shall be sharpened 2" diameter lodge pole pine, treated in accordance with Section 204 -2.2. Stake shall be one piece and free from splits. The third paragraph shall be replaced with the following: "Deadman stakes shall be duckbills or 2 X 4 inch redwood 18 inches long. Covers for wire shall be % -inch Class 200 PVC pipe - 3 feet long." The following paragraph shall be added at the end of the subsection: "A minimum of two (2) supporting tree ties or three (3) guy anchors shall be used for each tree. Tree ties shall be V.I.T. twist brace. " 212 -2 Irrigation System Materials All materials shall be per IRWD standard for reclaimed water use. 212 -2.1.1 General. The following paragraph shall be added at the end of the subsection: "The manufacturer's directions and detail drawings shall be followed unless directed by the City Representative or shown differently in the plans and specifications." 212 -2.1.3 Plastic Pipe for Use With Solvent Weld Socket or Threaded Fillings. Add the following before the first paragraph: "General. Use only new materials of brands and types noted on drawings specified herein, or approved equals." Paragraph 2 shall be deleted and replaced with the following: "PVC Pressure Main Line Pipe and Fittings shall be Class 315 PVC with bell and gasket -type pipe for pressure main pipes 2 inches and larger. PVC schedule 40 with solvent welded joints for pressure main piping of lesser diameter. P.V.C, schedule 40 solvent welded piping shall be used for all non - pressure lateral line piping. All pipe shall be reclaim water pipe." 9 • SP 12 OF 25 The following paragraphs shall be added at the end of the subsection: "All PVC pipe must bear the following markings: 1. Manufacturer's name 2. Nominal pipe size 3. Schedule or class 4. Pressure rating in P.S.I. 5. NSF (National Sanitation Foundation) approval 6. Date extrusion 7. U.P.C. shield logo (IAPMO approval) 8. For reclaimed water use All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type recommended by the manufacturer, and shall follow installation methods prescribed by the pipe manufacturer." 212 -2.2.2 Gate Valves. The text of this subsection shall be deleted and replaced with the following: "All valves shall be as identified on Construction Documents and per City review and approval." 212 -2.2.4 Remote Control Valves. Add the following after paragraph number one: "Remote control valve manufacturer and sizes shall be as indicated in plans and legend." 212 -2.2.6 Quick - Coupling Valves and Assemblies. The text of this subsection shall be deleted and replaced with the following paragraph: "Quick- coupling valves shall have a brass two -piece body designed for working pressure of 150 psi. The quick - coupling valve shall have a built -in flow control and self - closing valve and shall be supplied in % -inch (19) size unless otherwise required. The valve shall be equipped with a locking green rubber or vinyl cover. When a quick - coupler assembly is specified, it shall consist of the valve, quick - coupler connection, and hose swivel." 212 -2.2.7 Valve Boxes. Delete the first paragraph and replace with the following: "Valve boxes and lids shall be as detailed on the Plans. The boxes shall be covered with an etched polyethylene face with an ultraviolet inhibitor. The lid shall be plastic, lockable, and embossed with the valve station number on its topside. Sizes and • • SP 13 OF 25 manufacturer of the valve boxes and lids shall be as indicated on the Standard Drawings." 212 -2.2.8 Master Control Valves. The master control valve manufacturer and size shall be as indicated on plan and legend. 212 -2.4 Sprinkler Equipment The text of this subsection shall be deleted and replaced with the following "Irrigation bodies and nozzles shall be as indicated on plan and legend. Substitutions shall not be allowed unless by written authorization from the City Inspector. Irrigation bodies and nozzles shall feature low head drainage, pressure regulating and pressure compensating features. Unless otherwise approved, all pop -ups and fixed riser assemblies shall consist of plastic and stainless steel materials. Smaller radii turf irrigation equipment shall consist of 6" pop -ups. All smaller radii shrub and groundcover irrigation equipment shall consist of 12" pop -ups, unless otherwise approved by the City. Smaller radii equipment are those components which irrigate within and under a radius of 22 feet." 212 -3 ELECTRICAL MATERIALS 212 -3.2.1 Conduit. [Replace paragraph with the following]: "Conduit shall be Schedule 40 PVC pipe as called out on the plans. Install per plans. Conduit shall conform to the applicable provisions of subsection 212 - 2.1.3." 212 -3.2.2 Conductors [Add the following paragraph]: "The electrical system shall be installed in accordance with the National Electrical Code most recently adopted by the City. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -U.F. 600 volt. Pilot wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacture's specifications and wire chart. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Install wires inside Schedule 40 Conduit anywhere it is not possible to place in pipe trench, or where wires must go under pavement. Conduit size shall be large enough to contain all necessary wires. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet. • • SP 14 OF 25 An expansion curl should be provided within three (3) feet of each wire connection and at least every one hundred (100) feet of wire length on runs more than one hundred (100) feet in length and also at each change of direction. Expansion curls shall be formed by wrapping at least five (5) ruins of wire around a one -inch diameter pipe, then withdrawing the pipe. All splices shall be made with Pen -Tite wire connector, or approved equal. Use one splice per connector sealing pack. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City." PART 3 CONSTRUCTION METHODS SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 GENERAL. The following paragraphs shall be added at the end of the subsection: "Inspection will be required for the following parts of the work: a. At completion of rough grade prior to incorporation of soil amendments. b. At completion of incorporation of soil amendments and fine grading. C. Prior to digging plant pits for trees and shrubs. d. During backfilling of plant pits with amended backfill. e Maintenance period shall not begin until final installation inspection is made, and establishment is verified. City , inspector shall approve commencement date of maintenance prior to the commencement of said maintenance. f. Final review and acceptance at the end of the maintenance period." 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 308 -2.1 General. The following paragraph shall be added at the end of the subsection: 'The Contractor shall apply water as necessary to provide ideal moisture content for tilling and for planting as, herein specified. 'The depth of cover over pipelines and conduits shall be per Drawings. The trenches shall not be backfilled until all required tests are performed. A fine granular material n • SP 15 OF 25 used for bedding and backfill will be placed on all lines. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. The finished surface shall be restored to the grade established prior to excavation. All mounding and divots shall be graded smooth to the satisfaction of the City Representative. If settlement occurs, and subsequent adjustments in pipe, valves, valve /utility boxes, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments." 308 -2.2.1 Trenching and Backfilling Under Paving. The following subsection shall be added: "Where irrigation lines are called for on the plans to be placed within a sleeve the PVC sleeve to be provided for such work shall be Schedule 40 PVC sleeve." 308 -2.2.2 Trenching Adjacent to Existing Trees. The following subsection shall be added: "Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Trenches adjacent to trees should be closed within twenty -four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas." 308 -2.3 Topsoil Preparation and Conditioning 308 -2.3.2 Fertilizing and Conditioning Procedures. The first paragraph of the subsection shall be deleted and replaced with the following: "After approximate finished grades have been established, soil shall be conditioned and fertilized in the manner outlined below. Nitrogen - stabilized organic amendment and ammonium phosphate shall be uniformly spread at the following rates and cultivated thoroughly by means of mechanical tiller into the top 6" of soil. The following organic soil amendments and fertilizer rates are to be used for bid basis only. Specific planting specifications will be made after rough grading operations are complete and six (6) horticultural soil samples are tested by the Contractor at the Contractor's expense for soil fertility and agricultural suitability. The soils samples shall SP 16 OF 25 be suited to Wallace Laboratories, Attn. Mr. Garn Wallace, (310) 615 -0116. The location of soil tests shall be at the City's discretion. Application rates per 1,000 square feet: a. Nitrogen- stabilized organic amendment: 6 CY. b. Ammonium phosphate 6/20/20: 15 LB. C. Agricultural gypsum: 100 LB. d. Soil sulfur: 20 LB. e. Gro -Power Plus: 160 LB. f. Iron sulfate: 6 LB." 308 -2.3.3 Weed Control. The following subsection shall be added: "Upon the completion of the irrigation system and after all existing weeds and growth have been removed from the planting area, perform the following weed abatement program. Water all areas four (4) times daily for twenty -one (21) consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a non- selective herbicide (Round -Up) to eradicate the germinated weeds. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a depth of 1/4 inch below the surface of the soil. If perennial weeds or grasses still exist, rewater four (4) times daily for fourteen (14) consecutive days until new growth appears. Reapply a non - selective herbicide with a dye indicator. Remove weeds after herbicide has had sufficient time to kill." 308 -2.4 Finish Grading. Replace this section with the following: 111. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of 12 inches. 2. At time of planting, the top two inches of soil in all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter of one inch diameter or larger and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. 3. After the foregoing specified deep watering, minor modifications 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 destroy soils structure. 4. Finish grading shall ensure proper drainage of the site. ! ! T)3/ . ITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Cc! u 1 Agenda Item No. 6 November 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Emmet Berkery, Contract Engineer 949 -644 -3311 bpatapoff@city.newport-beach.Ga.us SUBJECT: NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD LANDSCAPE AND IRRIGATION - AWARD OF CONTRACT NO. 3731 RECOMMENDATIONS: 1. Approve the plans and specifications. • 2. Award Contract No. 3731 to FYR Landscaping, Inc. dba Pierre Sprinkler and Landscape for the Total Bid Price of $145,460.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $15,000.00 to cover the cost of unforeseen work. 4. Approve a Budget Amendment increasing revenue estimates by $160,460 from the Newport Mesa Unified School District reimbursement agreement and appropriating this amount to the Contributions Fund, account 7251- C5100745. DISCUSSION: At 11:00 A.M. on October 26, 2004 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Pierre Sprinkler and Landscape $145,460.00 2 Belaire -West Landscape $147,817.00 The low total bid amount is 9.3 percent below the Engineers Estimate of $160,407.00. The low bidder, Pierre Sprinkler and Landscape, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the • Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Subject: Newport Coast Antary School Loop Road Landscape and Irrion — Award of Contract No. 3731 November 9, 2004 Page: 2 This project is an adjunct of the on -going cooperative effort between the City of Newport Beach and Newport Mesa Unified School District to relieve traffic congestion at Newport Coast Elementary School. The initial phase, construction of the Newport Coast Elementary School Loop Road, Contract No. 3684, was recently completed. Due to the proximity of the new loop road to existing residences, the City and the School District made a commitment to soften the appearance of the new asphalt roadway by planting trees and ground cover along the roadway perimeter. The project also provides for the replacement of existing landscape and irrigation improvements, which were impacted by construction of the loop road. Per the Contract Specifications the Contractor will have 35 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15313 (Minor Additions to Schools) of the CEQA Implementing Guidelines, and a Notice of Exemption was filed with the County Recorder's Office on May 10, 2004. Public Notice: Not Applicable. Geotechnical /Survey Services: Not Applicable for this project. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for this project: Account Description Contributions Fund Prepared by: Emmet Berkery, P.E. Contract Engineer Attachments: Project Location Map Bid Summary Budget Amendment Account Number Amount 7251- C5100745 $160,460.00 Submitted by: teplf dum Publ c orks Director E • • • • • r 2 Z U W Q WM a. W Q W 00 a W Z 0 lL. OV J U m 7 a aw 00 w U U_ W Y N U W U o U ._. N U Z N ❑ Q C) 0 d J m m } m m O Y O m O m o E E w W m W < W U.. F (Da roz O Z W Q 3 ~ ¢ Z * W V wr?� P2 OZm 1-U wa m m m a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F- 0 0 0 1n O O N 0 0 0 0 0 0 0 0 0 0 p a Z O O �rWrtn 0000000000 o'n r(C m �ooroaoo 0000 9 � n ma N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OU� 0 0 0 0 ID o 0 0 0 0 0 0 0 0 0 m OOO N G) I� 00 [000 N E c7 � 00000 0 0 0 0 0 ❑ 5- O O tD N O O O O O O co N 0 N 0 0 N N O O O O O O cn 0 0 0 0 0 0 0 0 0 p> O 0 0 u'J W N O O O O O O O O O F O O r O N LL'J m aD r 0 0 0 0� 0 0 In O y Z p 0 N c0 n !O l[ N :,d -7 N (O O (N O E V tp L6 w C7 r I(j � J � � � Q � s E .Q u',v oo in v� �000ro 0000 � ��noao�N V? v �nor00000 w z 0 0 c O m V O MN-- N N O O cn O O N > d Z M O m w r 0 >0 m 6 mi � r IA J a " 0 0 o O o 0 0 0 0 0 0 0 o 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 cn n 0 0 0 0 0 0 0 0 0 O Q Z O O N r W O m- m O �D O 0 0 0 � Y1 Of tp � 0 O� .- N 0 O CJ cA O N N O p W Q 0 N o: w 0 0 0 0 0 0 cn 0 0 0 0 0 0 0 0 0 0 Zoa � 0000vir o oov�MOOOO<000000 00000i000000 O m N m N N O n O O O Z Z W W O N wi lD c7 W; !O N Q W VJ a W W W W W W U fn J N W W W Q W W } O Z) N r 0 D O z o m a E 0 E E UIL C C O C m w W) N O N w N N y C7 m j N D o N ` S C N P 0 O 3 L s `� 0 .-` -V p c m mO c U 5-- m E c H m °O c m N'm 0 o 'c c IL c c m ' 's Y U O m W am _ o o W u p 2 0 m N 0 0 MOW U m Z Z H m rn F m m m a Cry of Newport Beach NO. BA- 028 BUDGET AMENDMENT 2004 -05 AMOUNT: $16o,4so.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditures appropriations for transfer of Bonita Canyon Development funds to Newport-Mesa Unified School District and increase revenue estimates and expenditures appropriations for landscaping of Newport Coast Loop Road which will then be funded by the Newport-Mesa Unified School District per the bond indenture agreement. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 440 3605 OENUE ESTIMATES (3601) Fund /Division Account 250 4849 EXPENDITURE APPROPRIATIONS (3603) Description Bonita Canyon Devt Fund Balance Description School Contribution Signed: W Signed Administrptive Services Director 1,4 Administrative Appkval: City Manager City Council Approval: City Clerk Amount Debit Credit $160,460.00 $160,460.00 $160,460.00 $160,460.00 Automatic System Entry. ll,--,2 O� Date O � DatEf Date Description Division Number 7441 Bonita Canyon Development Account Number C5100745 Newport Coast Loop Road Division Number 7251 Contributions Account Number C5100745 Newport Coast Loop Road Division Number Account Number Division Number Account Number Signed: W Signed Administrptive Services Director 1,4 Administrative Appkval: City Manager City Council Approval: City Clerk Amount Debit Credit $160,460.00 $160,460.00 $160,460.00 $160,460.00 Automatic System Entry. ll,--,2 O� Date O � DatEf Date